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Contract Terms and Instructions

665-A1 PLASTIC BAGS AND LINERS

04/2014 through 11/2014

SPECIAL INSTRUCTIONS AND CONDITIONS

  1. CONTRACT NO:   665-A1
    PLASTIC BAGS AND LINER

  2. PURCHASE ORDERS:
    Only 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.
  3. PURCHASE CATEGORY CODE – STATE AGENCY USE: PCC A

    NIGP CODE(S): 665-24

  4. TERM OF CONTRACT: April 1, 2014 through November 30, 2014

    RENEWAL OPTIONS:
    1st Renewal Period: December 1, 2014 through November 30, 2015
    2nd Renewal Period: December 1, 2015 through November 30, 2016
    3rd Renewal Period: December 1, 2016 through November 30, 2017
    4th Renewal Period: December 1, 2017 through November 30, 2018

  5. CPA CONTRACT MANAGEMENT:
    For a copy of the contract and/or questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

    TPASS Contract Management Office (TCMO)
    Texas Comptroller of Public Accounts (CPA)
    Fax: (512) 936-0040
    Email: tpass_cmo@cpa.state.tx.us

  6. EXPEDITED PAYMENT TERM DISCOUNT: All American Poly: 1% if paid in ten (10) days

  7. PALLETIZATION CHARGES:
    Customer will indicate the requirements for palletized shipments with the comments/notes oneach purchase order processed through TxSmartBuy and add the charges through the Add Quotes and Charges as follows:

    All American Poly:     $0.00
    Central Poly Corporation:     $18.00

  8. CPA CONTRACT MANAGEMENT:
    For a copy of the contract and/or questions regarding contract management issues, price changes,amendments or other post-award concerns should be directed to:

    TPASS Contract Management Office (TCMO)
    Texas Comptroller of Public Accounts (CPA)
    Fax: (512) 936-0040
    Email: tpass_cmo@cpa.state.tx.us

  9. CONTRACT SPECIFICS
    All Bags meet the following:
    1. Linear Low-Density Polyethylene (LLDPE)
    2. Medium duty use for dry and wet waste used as general purpose trash collecting, food service use and product storage
    3. Twist or Wire ties are included within each container/box as applicable

  10. ADDING NEW PRODUCTS TO THE CONTRACT:
    Following the contract award, additional products or services 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 by contacting the TPASS Contract Management Office.

  11. DELIVERY DELAYS BY CONTRACTOR:
    If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order.

    Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

    Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the contractor, as applicable, from the State’s Centralized Master Bidders List (CMBL).

  12. COMPLIANT PRODUCTS BY CONTRACTOR:
    Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer’s F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery.

    Customer 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.

  13. PURCHASE ORDER CANCELLATION:
    The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be no fees charged for cancellation of an item and/or order prior to shipment by the Contractor. The cancellation must be processed through the TxSmartBuy system.

  14. RESTOCKING FEE FOR RETURNED PRODUCTS:
    The Customer may request that a Contractor accept return of products already delivered. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not exceed 10%.

  15. 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 of the substitution before making delivery.

  16. CONTRACTOR PERFORMANCE:
    The Texas Procurement and Support Services (TPASS), a division of the Comptroller of Public Accounts (CPA), administers a vendor performance program for use by all customers per Texas Government Code, Title 10, Subtitle D, Section 2155.077. The Vendor Performance and Debarment Programs rely on the customer's participation in gathering information on vendor performance. State Agency customers 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). 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
    • Provide performance scores in four measurable categories for the CMBL vendors
    • Track vendor performance for delegated and exempt purchases
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