Tools
Public Institution: FSMC Food Service Contract Provisions Template
- Contract
- FSMC-Operated
- Implement
- Public Institution
Public Institution Food Service Contract Provisions
The values-based procurement personnel at an institution should work closely with the institution’s legal team and procurement team to develop a food service contract that complies with all applicable rules while still incorporating the institution’s values-based food purchasing guidelines.
Keep In Mind:
Additional information about alternative language and how to complete each provision of this tool can be found on the relevant Implementation Stage in the Guide.
Applicable Laws
In performing the work described in this contract, the management company will adhere to all
applicable laws, rules, and regulations adopted by any federal, state, or local regulatory body or
governmental agency
Culinary Standards, Specifications, and Requirements
The management company agrees to procure local and sustainably sourced [produce/food products] from small or midsized businesses to the extent practicable, it being understood that substitutions may be made in the event of disruptions in the supply chain. “Local,” “sustainable,” and “small or midsized businesses” are defined by [Public Institution’s Food Purchasing Guidelines] available in [Appendix X].
Tracking, Data Collection, and Reporting Requirements
The management company will track the products purchased from values-based vendors by spend and percentage of total spend for the tracking period. Values-based vendors are vendors that meet standards set forth in [Institution’s Food Purchasing Guidelines].
The management company will also track the following metrics: [specific standards in the Institution’s Food Purchasing Guidelines, or other standards as negotiated].
Data pertaining to metrics identified by [Institution] will be included in [insert negotiated tracking period] reports of food purchases provided by the management company to [Institution]. The management company will provide reports digitally in [insert institution’s preferred data organization software].
Volume Rebate Disclosure Requirements
The management company will provide full disclosures on all rebates, allowances, and incentives received from its suppliers. The management company will return to [Public Institution] the full amount of the discount, rebate, or applicable credit received from purchases made on behalf of [Institution].
Vendor Communication Requirements
The management company is expected to regularly communicate with vendors that meet [Institution’s Purchasing Guidelines] about the management company’s vendor certification process and purchasing logistics [e.g., desired products for the growing cycle, the amount of products the management company could purchase, and the fair market value the management company could pay for products].
For values-based vendors pursuing vendor certification, the management company must provide information about the requirements to complete certification and remain in contact with these vendors through the process. For certified values-based vendors, the management company must establish a communication schedule to discuss product needs, purchasing amounts and frequency, and pricing.