State Price Agreement for the United States

State Price Agreement Template for United States

A State Price Agreement is a legally binding contract between a state government agency and a vendor that establishes fixed pricing and terms for specific goods or services over a defined period. This agreement, governed by U.S. federal and state procurement laws, enables multiple state agencies to purchase from the selected vendor without conducting separate competitive procurements. It typically includes volume discounts, delivery terms, and performance requirements while ensuring compliance with public procurement regulations.

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What is a State Price Agreement?

State Price Agreements are essential procurement instruments used by state governments to achieve cost savings through bulk purchasing and streamlined procurement processes. These agreements are particularly valuable when multiple state agencies require similar goods or services, eliminating the need for repeated competitive bidding processes. A State Price Agreement typically results from a competitive procurement process and must comply with both federal and state-specific procurement regulations. It establishes standardized terms, conditions, and pricing that can be utilized by authorized state entities throughout the contract period.

What sections should be included in a State Price Agreement?

1. Parties: Identification of the state agency and vendor/contractor

2. Background: Context of the agreement and procurement process followed

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Products/services covered and terms of supply

5. Pricing Structure: Agreed prices, price adjustment mechanisms, and volume discounts

6. Term and Termination: Duration of agreement and termination provisions

7. Ordering Process: Procedures for placing and fulfilling orders

8. Payment Terms: Invoice and payment procedures

9. Compliance with Laws: Obligations to comply with relevant federal and state procurement laws

10. Representations and Warranties: Standard and specific warranties for the goods/services

What sections are optional to include in a State Price Agreement?

1. Performance Metrics: Key performance indicators and service levels - used for service-based agreements or complex supply arrangements

2. Volume Commitments: Minimum or maximum order quantities - used when specific volume guarantees are negotiated

3. Emergency Provisions: Special procedures for emergency situations - used for critical supplies or essential services

4. Small Business Requirements: Specific provisions for small business participation - used when required by state regulations

5. Environmental Compliance: Environmental standards and requirements - used for environmentally sensitive products or services

What schedules should be included in a State Price Agreement?

1. Schedule A - Price Schedule: Detailed pricing for all items/services covered under the agreement

2. Schedule B - Product Specifications: Technical specifications of products/services to be provided

3. Schedule C - Service Level Agreement: Detailed performance requirements and metrics for service delivery

4. Schedule D - Ordering Procedures: Detailed procedures for placing and processing orders

5. Schedule E - Approved Subcontractors: List of pre-approved subcontractors and their roles

6. Schedule F - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

7. Schedule G - Compliance Certifications: Required federal and state compliance certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Federal Acquisition Regulation (FAR): Primary regulation for federal government procurement in the United States that provides uniform policies and procedures for acquisition.

Competition in Contracting Act (CICA): Federal law requiring full and open competition in government contracting, with limited exceptions.

Federal Grant and Cooperative Agreement Act: Legislation establishing criteria for choosing appropriate legal instruments in federal assistance relationships.

Buy American Act: Requires federal government to prefer U.S.-made products in its purchases, with certain exceptions.

Trade Agreements Act: Governs trade agreements with foreign countries and impacts government procurement from foreign sources.

Small Business Act: Legislation protecting and promoting small business participation in government contracting.

Davis-Bacon Act: Requires payment of prevailing wages on federally funded or assisted construction projects.

Anti-Kickback Act: Prohibits contractors from providing or accepting compensation to improperly obtain or reward favorable treatment.

False Claims Act: Imposes liability on persons/companies who defraud governmental programs, including procurement fraud.

Procurement Integrity Act: Prohibits disclosure of source selection and contractor bid or proposal information.

State Procurement Code: State-specific regulations governing procurement procedures and requirements at the state level.

State Administrative Procedures Act: Governs how state agencies may propose and establish regulations, including procurement rules.

State Competitive Bidding Requirements: State-specific rules for ensuring fair competition in government contracting.

State Ethics Laws: State-specific regulations governing ethical conduct in public procurement and contracting.

Small Business/Minority Business Requirements: State-specific provisions for promoting small and minority-owned business participation in government contracts.

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, including sales and purchases.

Environmental Regulations: Federal and state environmental requirements that may impact procurement and contracting activities.

Privacy Laws: Federal and state regulations governing the handling and protection of sensitive data in government contracts.

Information Security Requirements: Standards and regulations for protecting government information and systems in procurement contracts.

Americans with Disabilities Act: Requirements for ensuring accessibility and non-discrimination in government contracting.

Equal Employment Opportunity Requirements: Federal and state regulations ensuring non-discrimination in employment practices for government contractors.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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