"AGREEMENT TO SELL"
The undersigned vendor, ______of the state of ______, hereby offers to sell to Nebraska Educational Service Unit affiliated schools those items listed on the Nebraska ESU Cooperative Purchasing Bid: RFP- 2013-FDPRG, under the following:
Terms & Conditions:
1) All proposals must be submitted to the Nebraska ESU Cooperative Purchasing office, 1292 East 4th Street, Ainsworth, NE 69210, and no later than 2:00 p.m., CST, Tuesday, May, 14th, 2013. The term of the contract is August 1, 2013 to July 31, 2014.
2) Nebraska ESU Cooperative Purchasing reserves the right to cancel this contract at the end of each year if the vendor fails to perform as stipulated in the contract.
3) Vendors will offer full house FOB destination with a delivery minimum of once a week, or as pre-arranged with participating schools.
4) Sales terms will be quoted on a net 30-day basis.
5) A 98% fill rate capability is preferred.
6) All meats must meet USDA requirements.
7) The stated "Delivered Price to School" shall include an administrative fee amount equal to 2% of Net Invoice. The 2% administrative fee will be sent to Nebraska ESU Cooperative Purchasing on or before the 15th of each month.
8) Successful bidder agrees to unannounced cost audits of Bidders "Landed Cost", Bidders "Fixed Fee", and Bidders "Delivered Price to Schools" by representatives of Nebraska ESU Cooperative Purchasing.
9) The 1998 re-authorization of the National School Lunch Act included language that requires recipient agencies participating in the National School Lunch Program and the School Breakfast Program in the contiguous United States to buy food produced in the United States when buying with Federal Funds. This legislation is specific in requiring schools, to the maximum extent practicable, to purchase product of domestic origin. Bidders agree to supply foods that meet this regulation. As an agricultural state, Nebraska knows the value of supporting American products.
10) Vendors must be able to provide direct delivery services to the geographic area awarded on this bid and on a predetermined schedule with participating schools.
11) Vendors will provide monthly sales and savings reports showing the following: Product Name, Pack Size, Vendor Landed Cost, Fixed Fee, School Price/Unit, Quantity Sold, School Extended Price and Savings.
12) The prime vendor agrees to provide a sales representative for the participating schools on a regular schedule to take orders, consult, and present new items.
13) The Nebraska ESU Cooperative Purchasing Board of Control or its designated representatives reserve the right to reject any or all proposals if it is in the best interest of the ESU affiliated schools.
14) All product lines stated on the official proposal form will be offered at a stated Bidders "Landed Cost" plus Bidders "Fixed Fee" totaling the Bidders "Delivered Price to School". Cost-plus-percentage-of-cost bids are prohibited and will be disqualified. Cost-plus-fixed-fee proposals are mandatory.
15) "Landed Cost" is understood to be the manufacturer’s invoice cost, or current manufacturer’s price list, or market report documenting cost to vendor, label charges, repackaging costs, plus shipping charges to the vendor’s premises. All components of landed cost must be documented upon demand by Nebraska ESU Cooperative Purchasing.
16) The vendor will provide all available manufacturer’s rebate coupons and similar promotions to participating schools as they occur.
17) "Landed Cost" will be based on increases or decreases from the manufacturer or shipper only.
18) All price changes must be sent to Nebraska ESU Cooperative Purchasing in the same format as to participating schools.
19) The vendor further agrees to comply with all of the requirements, terms, and conditions contained Bid: RFP-2013-FDPRG.
20) Award of the proposal shall be based on vendor’s ability to meet the entire criteria specified in the proposal. Bidders understand award will not be made solely on price.
Bidder's Agreement to Terms and Conditions:
IN WITNESS WHEREOF, this offer is made this ______day of ______, 20______.
______
Name of Bidding Firm Authorized Agent Signature
______
Number and Street Agent’s Name (Typed/Printed)
______
City Title
______
State and Zip Code (Area Code) - Telephone No.
For Nebraska ESU Cooperative Purchasing Use Only:
This offer is accepted on this ______day of ______, 20______by:
Nebraska ESU Cooperative Purchasing.
______
Award Review Representative Director
2