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Contract Terms and Instructions


Start Date: 10/2010

End Date: 8/2014

A.	CONTRACT NO.  801-A2  -  Traffic Control Devices, Signs and Sign Materials

	Enter requisition(s) into the TxSmartBuy on-line ordering system. Only purchase orders 
	issued through TxSmartBuy are eligible for contract pricing.
	The Contractor agrees not to ship any materials until issuance of a Purchase Order through 
	TxSmartBuy by the State Agency, Higher Education, or Cooperative member. 

C.	MULTIPLE AWARD: This contract includes items which have been awarded to multiple contractors 
	including Texas Correctional Industries (TCI). Pursuant to Texas Government Code §497.025(c), ordering 
	agencies do not need additional approval or certification from the Comptroller or TCI to purchase any 
	item in this contract where the TCI price is not at or below the lowest price. In those instances where 
	State Agencies choose a supplier from this contract, that is not the lowest price; the Agency procurement 
	file shall be documented with a "best value" determination. 

D.	TERM OF CONTRACT: October 1, 2010 thru August 31, 2013
		Renewal Term: September 1, 2013 thru August 31, 2014

		2nd Renewal Period: September 1, 2014 thru August 31, 2015

E.	SPECIFICATIONS: The detailed material specifications and other technical documents referenced 
	throughout these instructions can be accessed by going to one of the links listed below: 


F.	DELIVERY DAYS ARO:  Each line item in TxSmartBuy reflects delivery days after receipt of order 
	(ARO) under normal conditions. "Delivery Days" means calendar days, unless otherwise specified. 
	Delivery does not occur until the Contractor delivers products or materials in full compliance with 
	the specifications to Customer's F.O.B. destination point, unless delivery is specifically accepted, 
	in whole or in part, by the Customer.

G.	SHIPPING INFORMATION:  All shipping shall be F.O.B. destination Freight Prepaid and Allowed. 
	Prices include all shipping and handling fees unless stated otherwise. All shipments shall include 
	a packing list indicating Purchase Order (PO) number, Item Number ID, Quantity Ordered, Quantity in 
	Shipment, Number of Packages and Back Order Quantity if applicable. 

H.	WARRANTY:  The Contractor shall offer a product warranty equal or better than the standard warranty 
	offered by the manufacturer.  Additional warranty requirements shall be in accordance with Detailed 
	Specifications referenced in Section E.  Contractor shall furnish warranty documentation on products 
	with each delivery, or within 5 business days from the request by the Customer.

I.	SUBSTITUTIONS:  During the Contract term, the Contractor shall not substitute a product or brand 
	unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination 
	with the Customer.  The Contractor must have written confirmation from the CPA Contract Manager for the 
	substitution before making delivery.

J.	PRODUCT ACCEPTANCE: Product listed in this contract may require the Contractor to submit pre-shipment 
	samples for testing and approval by the Customer. The testing requirements shall be in accordance with Detailed 
	Specifications referenced in Section C. The order cannot be shipped until the Customer authorizes the shipment. 
	The time required for testing will vary depending upon the item but will normally not exceed 30 days after 
	receipt of the sample. 

K.	CPA CONTRACT MANAGEMENT:  Questions regarding technical specifications, pre-award determinations, contract 
	management issues, price changes, amendments, technical specifications should be directed to the Point Of Contact (POC):

	David Bennett, CTPM, CTCM
	Strategic Sourcing
	(512) 463-7817

L.	ADDING NEW PRODUCTS TO THE CONTRACT:  Following the contract award, additional products of the same general 
	category that could have been encompassed in the award of this contract, and that are not already on the contract, 
	may be added.   Customers are encouraged to request additional items to be added by contacting the Point of Contact (POC).


The Comptroller of Public Accounts (CPA) administers a vendor performance program for use by all ordering entities per Texas Government Code, Title 10, Subtitle D, Section 2155.077. The Vendor Performance and Debarment Program relies on the ordering entity's participation in gathering information on vendor performance. Ordering Entities shall report vendor performance on purchases over $25,000 from contracts administered by the commission or any other purchase over $25,000 made through delegated authority granted by CPA (TAC 20.108). Agencies are additionally encouraged to report vendor performance on purchases under $25,000.

Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.

The purpose of the Vendor Performance Tracking System is to:

  1. Identify vendors that have exceptional performance.
  2. Aid purchasers in making a best value determination based on vendor past performance.
  3. Protect the state from vendors with unethical business practices.
  4. Provide performance scores in four measurable categories for the CMBL vendors.
  5. Track vendor
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