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Contract 962-M2 Courier/Delivery Service -- Austin and El Paso, Texas

Start Date: 12/2012

End Date: 08/2014

  1. DESCRIPTION OF CONTRACT: TPASS MANAGED CONTRACT NO. 962-M2
    Courier/Delivery Service -- Austin and El Paso, Texas
  2. HOW TO ORDER:

    Customers must issue an internal purchase order and reference CPA Contract No. 962-M2 to be eligible for Contract pricing.

    For State Agencies: Use Purchase Category Code C

    NIGP Class/Item:
    962-24

    The Contractor agrees not to ship any materials until issuance of a Purchase Order by the State Agency, Higher Education or Cooperative member.

  3. AUSTIN AREA CONTRACT PRICING (XLS)
    EL PASO AREA CONTRACT PRICING (XLS)
  4. CONTRACTORS

    Payee ID No.: 12711416847
    Lonestar Delivery and Process
    1064 Hercules Ave.
    Houston, TX 77058
    Contact: Debra Dunn-Kurzadkowski
    Phone: 281 935-4048
    877 527-5737
    Fax: 866 804-3049
    Email: debra@lonestardeliveryonline.com

    Payee ID No.: 17427410737
    P.E.S. Enterprises, Inc.
    PO Box 3182
    Austin, TX 78744
    Contact: Shea Pennington
    Phone: 512-444-4077
    E-mail: info@capitolcourieronline.com

  5. TERM OF CONTRACT: December 1, 2012 through August 31, 2013
    Renewal Term: September 1, 2013 through August 31, 2014

    RENEWAL OPTIONS:
    2nd Renewal Option: September 1, 2014 through August 31, 2015
    3rd Renewal Option: September 1, 2015 through August 31, 2016
    4th Renewal Option: September 1, 2016 through August 31, 2017

  6. INTRODUCTION: This contract is to provide courier/delivery service for the Austin and El Paso, Texas areas as identified in the map and zone information. Service shall be available to outlying areas based on additional service fees. The service can be initiated from any qualified customer by telephone request. Possible packages could range from standard letter type, flats or boxes. Boxes will be limited to 100 pounds. Two contractors have been awarded this contract.

    Regular service hours will be 8:00am to 4:30pm five (5) business days a week excluding official state holidays. Either contractor may be utilized by the service requester. If the contractor(s) is unable to provide the service required, the customer may utilize any service that can fulfill the requirement. Holiday, after hours and weekend service may be available with allowable service charges.

  7. OVERALL SCOPE OF SERVICES
    1. Courier delivery services to provide features such as speed, security, tracking, signature, specialization and individualization of express services with swift delivery times.
    2. The services will be restricted to packages where one or more of these features are warranted and considered important.
    3. Packages could range from standard letter type, flats or boxes.
    4. Boxes will be limited to 100 pounds.
    5. Packages shall contain items deemed "Extremely Urgent" by the customer, pursuant to Code of Federal Regulations, Title 39: Postal Service, §320.6 Suspension for Extremely Urgent Letters.
      "(d) The sender must prominently mark the outside covers or containers of letters carried under this suspension with the words "Extremely Urgent" or "Private Carriage Authorized by Postal Regulations (39 CFR 320.6)" or with a similar legend identifying the letters as carried pursuant to this suspension. In addition, each outside container or cover must show the name and address of the carrier, and the name and address of the addressee.
    6. Carrier records must be sufficient to show that the delivery of the letters was completed within the applicable time limitations, if carried under the authority of paragraph (B) of this section, and must be made available for inspection at the request of the postal service.
    7. The required records may be either in the form of notations on the containers or covers of any letters asserted to be carried under this suspension, or in the form of records kept by employees of the actual times they pick up and deliver such materials."
    8. 39 CFR Part 320.6(b)(1) says, "Letters dispatched within 50 miles of the intended destination by noon must be delivered within six hours or by the close of business day and those dispatched after noon must be received by 10:00 AM of the next business day."
    9. The contractors are not to depart a customer's location with a package unless it is properly marked.
    10. Contractor(s) may accomplish this by means of stamp, label, etc.
  8. SERVICE AREAS:
    Zones, for the purposes of this contract, have been identified by zip code. All charges will be based on furthest point for pickup or delivery.

    Example:
    Pickup in Zone A - Delivery to Zone B = B Charge
    Pickup in Zone B - Delivery to Zone A = B Charge

    Services shall be available to areas outside of Zone A and Zone B for Austin and El Paso based on additional per mile charge. Charge will be respective zone charge plus mileage.

    AUSTIN Service Zones
    Zone A -- Austin Area Zip Codes (Central)
    78714 78712 78701
    78703 78705 78751
    78752 73301 73344
    Zone B -- Austin Area Wide Zip Codes
    78702 78704 78710
    78719 78721 78723
    78724 78725 78727
    78728 78729 78730
    78731 78732 78733
    78734 78735 78736
    78737 78738 78741
    78742 78743 78744
    78745 78746 78748
    78749 78750 78751
    78752 78753 78754
    78756 78757 78758
    78759
    Zone C -- Zip Codes -- Round Rock
    78664 78665 78680
    78681 78682 78683
    Zone C -- Zip Codes -- Pflugerville
    78660 78691
    Zone D -- Zip Codes -- Cedar Park
    78717 78613 78630
    Zone E -- Zip Codes -- Leander
    78641 78645 78646
    Zone F -- Zip Codes -- Out of Limits (South)
    78620 78664 78653
    78734 78747
    EL PASO Service Zones
    Zone A -- El Paso Area Zip Codes
    79901 79902 79903
    79905 79906 79930
    Zone B -- El Paso Area Zip Codes -- Out of City Limits
    79907 79907 79907
    79925 79925 79925
    Zone C -- El Paso Area Zip Codes -- Out of City Limits
    79904 79908 79924
    79934
    Zone D -- El Paso Area Zip Codes -- Out of City Limits
    79912 79922 79932
    Zone E -- El Paso Area Zip Codes -- Out of City Limits
    79908 79908 79908
  9. SERVICE LEVELS
    1. Service Level Time
      The service level time clock for charges begins when the customer initiates the order for pickup. Waiting fee may be assessed if the customer causes a delay for more than 10 minutes
    2. Scheduled Deliveries:
      Pre-scheduled and regular pickup and delivery may be requested to be executed daily, weekly or monthly. These schedules will be coordinated and agreed upon by the customer and the contractor(s) and a blanket purchase order set up based upon the Service Levels for the term of the contract. This service shall be provided at no additional charge.
    3. One-Time Delivery:
      One-time delivery may be requested by customer(s) through issuance of a Purchase Order, either faxed or e-mailed, through an on-line order or phone call followed up in writing and with Purchase Order.
    4. Service Levels for Scheduled and One-Time:
      1. Rush
        Critical and time sensitive delivery will be picked up and delivered directly to its destination, With No Stops In Between.
      2. 1 - 1.5 Hour
        a. Pickup and delivered within 1-1.5 hour from the time the order is placed
      3. 2 Hour - Pickup Prior to 3:00 pm:
        b. Pickup and delivered within 2 hours from the time the order is placed
      4. 4 Hour - Pickup Prior to 1:00 pm:
        c. Pickup and delivered within 4 hours from the time the order is placed
      5. Same Day - Order must be placed prior to 10:00 am:
        d. Pickup and delivery will be no later than 5:00 pm same day
      6. After Hours - 24 Hours A Day, 7 Days Per Week:
        After hour deliveries are classified as any time after 4:30 p.m. and before 8 a.m. Monday through Friday or anytime on Saturday, Sunday, or a Legal Holiday.
      Note: Second day service is not a requirement; however, there may be exceptions which cause the delivery to occur by 10 a.m. the next business day and must be approved by the customer with no additional charge to the customer.
  10. CONTRACTOR SERVICE REQUIREMENTS

    1. Provide on-line services for placing orders
    2. On-Line Tracking: Provide real time information regarding a delivery/package and the estimated time of delivery
    3. The contractor shall not place any minimum piece requirements on any customer which would serve to exclude or be grounds for charging fees higher than those awarded
    4. Provide the appropriate vehicle size to accommodate the customer's delivery
    5. Verify that description and quantities correspond with pickup order
    6. Provide preprinted bill of lading/delivery documents to each customer
    7. Provide the service within the required timeline and failure to do so will result in a no charge to the customer.
    8. The State acknowledges the courier/delivery commitment does not apply when the delay is due to causes beyond the contractor(s) control including, but not limited to, the following:
      1. The availability during normal business hours or refusal of a person to accept delivery
      2. Wrong addresses
      3. Acts of God
      4. Riot
      5. Strikes or other labor disputes
      6. Civil commotions
      7. Natural events such as extreme weather phenomena or natural disasters.
    9. If weather or hazardous conditions become an issue, both customer and contractor shall make concurrence about shipment.
    10. Continued delinquent pickup and delivery complaints can result in the termination of the contract for the respective contractor.
    11. Contact customer within 15 minutes of scheduled delivery time if unable to complete delivery
    12. Applicable Laws:
      Contractor(s) carriers shall be required to comply with all applicable federal, state or local laws pertinent to such carrier and the scope of services required whether statutory or regulatory.
  11. LOSS OR DAMAGE CLAIMS

    1. The contractor will be responsible for the minimum declared value of each damaged or lost package and made payable to the customer.
    2. The contractor shall provide a claims process for reporting loss or damaged packages.
    3. The process should include but is not limited to:
      1. Reporting the lost package or damage by on-line, fax or e-mail
      2. Inspect the package to determine the cause for the damage
      3. Contractor to conduct a complete investigation to locate the lost package
      4. Claim approval and/or denial process completed within 5 to 10 business days.
      5. Payment for approved claims
  12. DECLARED VALUE, PACKAGE CONTENT AND CUSTOMER REQUIREMENTS
    1. Declared Value:
      1. The declared value of a package is the maximum liability of the contractor for the package in case of loss or damage.
      2. If no value is declared, the maximum liability for loss or damage to a package is $50.00.
      3. The customer requesting delivery services for packages with values exceeding $100.00 can choose to declare a higher value up to $25,000.00 for an additional charge per $100.00 of value.
      4. The contractor will not be liable for loss or damage to a package that is not properly wrapped and sealed to withstand the movement during the delivery process. In such case, even if the customer declares a value for the package in excess of $100.00, the contractor will not reimburse the customer for the damage to the package.
    2. Package Contents -- Lost or Damaged:
      1. Checks: The contractor will not be liable for the face value of the check(s) but is limited to the cost of stopping payment on and reissuing the check(s) not to exceed $50.00 per package.
      2. Phone Cards; tickets (airplane, etc.); gift cards/certificates; similar cards or other printed matter with exchange value: The contractor will not be liable for the face value but is limited to the cost of replacing the item not to exceed $50.00 per package.
      3. Media: For media items with data such as computer tapes, compact discs, videotapes and similar items, the contractor will be limited to the replacement cost of the media on which the content is recorded.
    3. Customer Requirements:
      1. Ensure that the packages comply with all applicable requirements for the purposes of applicable laws, rules and regulations.
      2. Responsible for payment of services for undeliverable items if the reason for such is not the fault of the contractor(s).
      3. Provide the declared value of each package
      4. Packaging -- limited to letter type; flats or boxes:
        1. Provide appropriate packaging to protect the items from damage in transit
        2. Limit boxes to 75 lbs. or less
        3. Provide physical addresses only
        4. Note: Post Office box numbers are not allowed
        5. Provide identification on each package/box to include but not limited to:
          • Separate label for each
          • Mark on each package/box the number included in delivery, i.e. 1 of 2, etc.
  13. INSURANCE
    The following insurance requirement is included in the contract. Copies of the individual contractor's insurance certificates will be maintained by the CPA/TPASS Contract Management Office.

    Workers Compensation: Statutory Limits
    Employers Liability:

    • Each Accident $1,000,000
    • Disease- Each Employee $1,000,000
    • Disease-Policy Limit $1,000,000

    General Liability - Occurrence based: Bodily Injury and Property Damage
    Each occurrence limit: $1,000,000
    Aggregate limit: $2,000,000
    Medical Expense each person: $5,000
    Personal Injury and Advertising Liability: $1,000,000
    Products/Completed Operations Aggregate Limit: $2,000,000
    Damage to Premises Rented to You: $50,000

    Commercial Business Auto Coverage provided should include:
    Any automobile, including hired and non-owned automobile liability at: $1,000,000 combined single limit for each accident

    CPA must be provided a 30-day notice of cancellation or material change to the policy coverage and limits.

    The policy shall contain the following provisions:

    1. Blanket contractual liability coverage for liability assumed under the contract.
    2. Independent contractors' coverage
    3. Dishonesty bond, minimum $5,000.00

    Dishonesty Bond: The Bond should include coverage for third parties and name CPA as a loss payee. This contract shall be referenced for the bond underwriter to include in the bond.

    Cargo minimum $100,000.00

    Cargo Coverage: should include property of customers while in the care, custody and control of the contractor.

  14. CPA CONTRACT MANAGEMENT: 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
    tpass_cmo@cpa.state.tx.us

  15. TPASS CONTACT: Questions concerning technical specifications should be directed to:

    Melissa McIlroy, CTPM, CTCM
    Texas Procurement and Support Services
    Phone: (512)463-3174
    melissa.mcilroy@cpa.state.tx.us

  16. ADDING NEW SERVICES TO THE CONTRACT: Following the contract award, additional 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 manager.
  17. CONTRACTOR PERFORMANCE: 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 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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