SPORTS, PROMOTIONAL, OUTDOOR, RECREATION, TROPHIES AND SIGNS (SPORTS)

NumberTXMAS-17-7802 DescriptionSPORTS, PROMOTIONAL, OUTDOOR, RECREATION, TROPHIES AND SIGNS (SPORTS) CategoryTxSmartBuy TypeTXMAS Start Date9/8/2017 End Date9/30/2021 FedGSA #GS-03F-0008Y Purchase Category Code(Agencies Only)PCC X Optional Renewal TermsTwo Five-Year Renewals Purchase OrdersOnly purchase orders issued through TxSmartBuy are eligible for contract pricing. Contractors cannot ship any products or provide services until issuance through TxSmartBuy and receipt of a Purchase Order. TSB Purchase orders exceeding 45 line items in the TxSmartBuy shopping cart must be entered as a quote order line item.All purchase orders that include a quote order line (excluding linked item quotes) will be placed on hold pending Statewide Procurement Division (SPD) review.Quote order requirements:1. Items that are available in TSB must be placed through the TSB shopping cart and may not be entered as a quote order unless the purchase order exceeds 45 line items. 2. All purchase orders that

include a quote order line require the attachment of a completed contractor quote containing all core items and a detailed breakdown of quote order line charge(s). Validation of contract pricing and item availability is the responsibility of the purchaser in determining best value. When the attachment is confirmed, SPD will release the purchase order to the TXMAS contractor for fulfillment. 3. If approval is requested prior to the order being inputted in TSB, or SPD assistance is requested to validate pricing or item availability, the information may be submitted to txmasquote@cpa.texas.gov. Customers may only purchase TXMAS goods or services from a TXMAS Contractor online through TxSmartBuy. CPA does not authorize any offline sales of this TXMAS contract's goods or services. Order LimitationIMPORTANT: The services provided by this contract may be a service subject to the provisions of Texas Government Code Chapter 2254, Subchapter B. A state agency, as defined by Texas Government Code Chapter 2254, may only acquire the services subject to Texas Government Code Chapter 2254, Subchapter B according to the procedures identified in that subchapter. Failure to comply with the provisions of Texas Government Code Chapter 2254, Subchapter B could result in a void contract. The contractor is not required to accept orders below the minimum listed below. Orders between the minimum and maximum listed below are subject to the pricing of the underlying contract. Minimum order: None Maximum order: SIN 192-371 – Connect Sitting Rail - $500,000 SIN 192-33A – Lakeside Planter Liner - $500,000 SIN 366-12 – Annapolis Solar Unit Replacement Battery Kit - $100,000 State ContractsAll TIBH term contracts and Texas Correctional Industries (TCI) term contracts take precedence over this TXMAS contract. If similar products or services are listed on this TXMAS contract and a CPA Term contract, a determination should be made that will result in a best value purchase. Approved Products/ServicesOnly products or services listed in the underlying contract may be purchased from this TXMAS contract, with one exception. Incidental, off-schedule items may be purchased as "best value, open market" items provided that they are necessary for product integration or product completeness. The purchasing entity is responsible for ensuring that the quoted price for such incidental items is fair and reasonable. These incidental items may be added to the TXMAS purchase order if they are clearly labeled as "open market (OM), best value" items. Incidental items may not exceed $5,000.00 OR 50% of the purchase order total, whichever is less. If the pending order includes incidental items that exceed the stated limits, a request may be submitted to the Statewide Procurement Division for review and consideration of an exception. Exception requests shall be submitted to txmasquote@cpa.texas.gov. The request must include a copy of the complete contractor quote listing all core items and a detailed incidental charge breakdown. Delivery45 Days ARO FOB PointFOB Destination. Freight added as a separate line item. Compliant Products by ContractorCustomer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made. Restocking Fee for Returned ProductsRefer to contract upon which TXMAS contract is based. Rebate Reporting Requirement for FederalPursuant to Texas Government Code §2155.510(b), rebates generated from TXMAS contract purchases made in whole or in part with federal funds must be reported by the purchasing agency for reporting, and reconciliation purposes with the appropriate federal funding agency. Each quarter of the State's fiscal year (September 1 through August 31), TXMAS contractors rebate 0.73875% of their TXMAS sales to the State of Texas via the Texas Comptroller of Public Accounts (CPA). It is the purchasing entity's responsibility to report the amount of rebate to the federal fund-provider using the above percent based on the total dollar value of the TXMAS purchase order. Example: A purchasing entity receives and uses federal funds of $50,000 to purchase items/services on a TXMAS contract. The purchasing entity must report to the federal fund-provider that a sales rebate of $369.37 ($50,000 * 0.73875% = $369.37) will be paid to the State of Texas by the TXMAS contractor. Contractor PerformanceThe Statewide Procurement Division Contract Management Office (SCMO), a division of the Comptroller of Public Accounts (CPA), administers a vendor performance program for use by all customers per Texas Government Code (TGC), §2262.055, and 34 Texas Administrative Code (TAC), §20.108. The Vendor Performance relies on the customer's participation in gathering information on vendor performance. State agency customers shall report vendor performance on purchases of $25,000 or more from contracts administered by CPA, or any other purchase of $25,000 or more made through delegated authority granted by CPA (TAC 20.108), or purchases exempt from CPA procurement rules and procedures. State 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: • Identify vendors that have exceptional performance • Aid purchasers in making a best value determination based on vendor past performance • Protect the state from vendors with unethical business practices • Track vendor performance for delegated and exempt purchases