Step 3: Sample Contract

It’s important to make sure you and the school, distributor, or buyer is clear of the conditions of the agreement. Communication is key when it comes to being successful. Use this resource to help guide you through what a contract may look like.

Introduction

District Five of Lexington and Richland Counties (D5) seeks quotes on locally-grown (South Carolina Grown only) products that will be served to students through the National School Lunch Program. This quote request will be used to determine the farmer or farmers from whom the district will buy selected products for November 2014 thru May 2015.

The list below is an example of the type of produce the District would like delivered upon award of a Purchase Order for the time period specified. The inclusion of this list does not limit the right of the District to purchase other products (as available from the selected farmer/or farmers) nor requires the District to purchase all the types listed.

 

Specifications

The District has established the following specifications:

  1. Using the USDA allowed geographic preference, a 10% price preference will be given to the farmer(s) who can provide all produce that is grown and harvested in South Carolina.

  2. If all responding farmers meet this standard, then a price preference will not be applicable.

  1. Produce must be delivered in clean, sanitary and appropriately covered vehicles. Produce shall be stored at appropriate industry standard storage temperatures post- harvest.

  2. All products will be delivered to: [SCHOOL ADDRESS]

Civil Rights Provisions

The contractor providing services under this Invitation to Bid must comply with the provisions of the Civil Rights Act of 1964, as amended.
The contractor must comply with applicable federal, state, and local laws and regulations pertaining to wages, hours, and conditions of employment. In connection with contractor’sperformance of work under this contract, contractor agrees not to discriminate against any employee(s) or applicant(s) for employment because of race, color, national origin, sex, age, or disability.

In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex. age or disability. To file a complaint, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free at (866) 632-9992. Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at 800-877-8339; of 800-845-6136 (Spanish). USDA is an equal opportunity provider and employer.

Submittal Form A

(Due by end of business on Tuesday, October 28, 2014)

Must be answered for quote to be accepted:

  1. Can you deliver orders to the School District’s designated school twice per month? (Yes) (No)  
    Please list day(s) and approximate time frame deliveries could be made:
    Monday:
    Tuesday:
    Wednesday:
    Thursday:
    Friday:
  2. Do you have a minimum delivery cost, case count or total weight that must be met? (Yes) (No)
    1. Please list any delivery parameters in the chart below.
    2. Minimum Delivery Cost ($USD), if any:
    3. Minimum Case Count, if any:
    4. Minimum Total Weight, if any:
    5. Other:
  3. Would you be able to provide a minimum of one educational visit by a representative of vendor? (Owner, grower or another on-farm staff)? (Yes) (No)
  4. I have read, completed, and submitted a copy of Submittal Form B: Product Pricing for the products I am able to provide if awarded the quote (Yes) (No)
  5. I have read, completed, signed and submitted a copy of Submittal Form C: Checklist for Purchasing of Local Products Direct from Farm
    Regarding on-farm food safety practices to Nutrition Services? (Yes) (No)

Date Submitted: [ENTER DATE]
(Please note: Completed questionnaire will remain on file for one year from the date of submission at which a new questionnaire must be updated and submitted. If any significant changes take place during the year covered by questionnaire submitted, vendor is required to complete and submit an updated questionnaire outlining the changes affecting food safety practices. District Five of Lexington and Richland Counties reserves the right to audit questionnaires submitted through a personal visit to vendor’s site(s) by: Todd A. Bedenbaugh, Brinton Fox, or Susan Bowles).

Farm Name: [LIST FARM NAME]
Farmer Representative: [LIST REPRESENTATIVE NAME]

Contact Information
Phone: [LIST PHONE NUMBER]
Email: [LIST EMAIL ADDRESS]
Fax: [LIST FAX NUMBER]

The District reserves the right to purchase these products from multiple farmers, based on price and availability. The decision resulting from the evaluation process as to which product best meets the needs of the district remains the sole responsibility of the district and is final. The final decision of selecting the farmer/farmers will be based on the following criteria:

  • Lowest cost (as determined after 10% preference adjustment is made when products from outside of South Carolina are included with quote responses. (Please note: The 10% price preference applied when out of “locally” defined counties, does not affect the price paid to you. The preference allows District Five to apply a geographic preference in the decision of which vendor will receive the order award.

  • Ability to provide the products specified (if unable to supply specified products, please identify and list any substitutions you feel are appropriate along with their associated costs)

  • Ability to deliver to school on a biweekly delivery schedule that meets the needs of District Five of Lexington and Richland Counties.

  • Willingness to provide a personal visit to the school district by the farmer or staff employed on the farm, to educate students about the farm and the products offered. Such visits should be offered at least one time at a time and place mutually agreed upon by vendor and District Five. 

  • Use picture of Farmer and Farm on Marketing Materials.

  • Acceptable response to the Checklist for Purchasing of Local Produce Direct from Farm and proof of working towards GAPs or other third party food safety audit/certification, and being in GAP certified within 6 month and a minimum of 1 million dollars in liability insurance.

Responses to this quote request may be emailed to: [NAME] at  [EMAIL] or faxed to [FAX]

  1. Vendor is responsible for making sure all questions are answered, details and pricing of any of the requested products they can supply have been listed, and a current copy of the food safety questionnaire is on file or submitted with this response.
  2. Vendor response must be made on forms provided with this quote request in order for response to be considered. Vendor must submit:
    • Form A: Response to questions
    • Form B: Product
    • Check List for Purchasing of Local Produce Direct from Farm
  3. Prices quoted should be F.O.B. to [ADDRESS]
  4. Vendor is expected to honor prices quoted for the period of time quote request covers.
  5. Contact [NAME], if you have questions or if assistance is needed.
  6. Responses due [EXACT DATE AND TIME]. The first delivery for product will be scheduled for [DATE]
  7. If a vendor chooses not to participate in this quote, they can check the box on the bottom of Submittal Form A and either fax or email the form to the phone number or email address referenced below.

Submittal Form B

(due [DATE])

Farmers are asked to provide pricing and the information asked for on the products contained in the attached market basket.

For Months: October, Novemenber, and December.

Qt Needed/monthItemCertified SC GrownFarm/Growerlbs/caseItems/casePrice/case
80 CasesSweet Potatoes[Yes][Appleseed Farms][40][160][$25]
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