Winston-Salem State U niversi ty RFP #WS14-006
Solicitation No. # WS14-006
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Winston-Salem State U niversi ty RFP #WS14-006
WINSTON SALEM STATE UNIVERSITY STATE OF NORTH CAROLINA REQUEST FOR PROPOSALS RFP #
TITLE: Exclusive Soft Drink Pouring and Vending Rights Agreement
ISSUE DATE: December 19, 2014 OPENING DATE: February 6, 2015
1.0 INTRODUCTION
1.1 Introduction
Winston Salem State University (hereafter referred to as “WSSU” or as the “University”) is submitting this Request for Proposal (RFP) to obtain written responses from interested parties for Exclusive Soft Drink Pouring and Vending Rights at the University.
1.2 Scope of the Project
1.2.1 Project Description
Winston Salem State University is seeking an exclusive beverage contract with a nationally recognized beverage company to create a partnership. This partnership includes inclusive soft drink pouring and vending rights.
1.2.2 Objectives
The University intends to support institutional programs and goals through the pouring rights royalties and vending commissions provided to the University for the period of the contract. In addition, the University’s goal is to improve beverage services and increase net revenues by maximizing the availability of product, by developing and offering marketing and sales opportunities that benefit the University and the beverage provider.
It is anticipated that an exclusive, long-term agreement for beverages will provide additional resources, beyond preferential pricing and commissions to support the University’s endowment and capital needs and in return offers a business opportunity that can be beneficial to the selected vendor.
It is difficult for the University to anticipate all events and activities which materially will affect the ability of the partnership to achieve its objectives, we encourage respondents to anticipate the inevitability of change and provide specific recommendations for capitalizing on opportunities and the change objectives and priorities of the University as they arise.
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1.3 Definitions 1.3.1 “ Beverage,” “Beverages” or “Soft Drink” means carbonated beverages, bottled tea, bottled water, flavored water, vitamin water, energy drinks, sports drinks, lemonade, juices (both 100% or juice drinks), bottled coffee, and new age beverages. It is understood that “soft drinks” shall be limited to those beverages and drinks expressly identified or included in this definition. For purposes of the RFP “soft drinks” will include beverages flavored in-part by natural fruit juices or artificial flavoring, containing less than 100% juices.
- Other beverages to include milk, flavored milk, milk-based product, brewed coffee, brewed tea, hot chocolate or any other beverage not expressly included in this RFP are not covered by this RFP.
- Isotonic-energy or “sports” drinks and supplements used campus-wide shall be included in this proposal.
- Any products used for academic research are expressly excluded as well, and are not covered in this RFP.
1.3.2 “Bottled Water” or “Water” is defined by the United States Food and Drug Administration (“FDA”) as H2O that is intended for human consumption and that is sealed in bottles or other containers, with no added ingredients except that it may contain sale and suitable antimicrobial agents. Fluoride also may be added within the limits set by the FDA. For the purpose of this RFP, reference the FDA website for clarification of bottled water regulations.
1.3.3 “Flavored Water” and “Sparkling Water” similar to the definition of “Bottled Water” except that these products will include natural or artificial flavor, and may include sweetener, additives, and preservatives, although the product shall contain zero (0) calories.
1.3.4 “Case” for the purposes of this RFP, a case shall means twenty-four-(24) units per, unless otherwise specified herein.
1.3.5 “Cbord” is the cashless card-reader system used by the University. This System allows students, faculty, and staff to utilize debit/credit cards for payment of goods on campus.
1.3.6 “Proposer” means the person or firm awarded the contract.
1.3.7 “Exclusivity” means the right to designate the brand of soft drinks and related products included as defined and covered by this RFP to be served, sold, vended, dispensed or otherwise made available campus wide in all dining halls, all cash locations, all athletic events, all vending locations, including any facilities owned, leased, or rented by the University. No other competitive products will be sold, dispensed or served at the University with the exception of catered events not related to the University, where the customer expresses a preference for a bottled product; beverage for performers or participants at University performance venues. In addition, this does not include off campus individual purchases for use in campus residences or personal offices.
No permanent advertising, signage, or trademark visibility made for any competitive product will be authorized for display anywhere within the University without the prior written approval from the Contract Administrator. An exception will be made in the cases where a special event, non-University related, is sponsored by a competing Beverage Company or where existing contract remains in effect (noted elsewhere in this document). In those cases, temporary banners or other signage may be hung; scoreboard messages may appear, and/or public address announcements may be made with respect to the competitive brand product.
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1.3.8 “Fiscal Year” means a consecutive twelve-(12) month period commencing on July 1st and ending on June 30th.
1.3.9 “Juice” for the purpose of this RFP, shall contain 100% juice or fresh-squeezed or from concentrate to include single fruit or vegetable juices, or blended fruit and/or vegetable juices that are 100% juice. Includes dispensed, can or bottle,
1.3.10 “University Contract Administrator” refers to the person(s) designated by WSSU to administer the contract on a day-to-day basis. This person is responsible for the scope of work outlined herein that the successful Proposer shall perform as it relates to the contract. For the purposes of this contract, the Assistant Vice Chancellor for Business and Auxiliary Services and/or a designee shall serve as the Contract Administrator. All contract issues should be addressed with the Director of Purchasing and/or a person(s) designated by the Director of Purchasing.
2.0 SOLICITATION INFORMATION
For the purpose of this RFP, Winston Salem State University may hereafter be referred to as “WSSU” or as the “University and the Proposer may be referred to as the “Contactor”, “Proposer” or “Vendor”.
2.1 Using Agency: The services and/or products solicited herein shall be provided for Winston Salem State University, Winston-Salem, North Carolina 27110.
2.2 Issuing Office: Winston Salem State University Purchasing Department, 1604-B, Room 108 Lowery Street, Winston Salem, North Carolina 27110; Attn: Andrea Thompson email: [email protected].
Please note that any contact made by any Proposer (including its subcontractors, and/or suppliers) in regards to this RFP from the issuance date of this RFP through the date of a contract award is prohibited. Proposer contact regarding this RFP with anyone or University department other than the individual named above shall be grounds for rejection of said Proposer’s response. Agency contact regarding this RFP with any Proposer may be grounds for cancellation of this RFP.
2.3 Delivery: Sealed proposals one (1) marked “ORIGINAL” and two (2) marked “COPIES, subject to the conditions made a part hereof, will be received at Winston Salem State University (“WSSU” or “the University”) Purchasing Department-1604-B, Room 108 Lowery Street, Winston-Salem, NC 27110 until 10:00 a.m. on February 6, 2015. In addition to sealed proposals, each Proposer shall provide the University with an electronic version of the original proposal saved to five (5) USB flash drives. The original proposal, copies and electronic version shall be signed and dated by an official authorized to bind the Proposer. All USB flash drives shall be received by the University, along with sealed original and copies, at the aforementioned place and time. Unsigned proposals will not be considered. The Financial Proposal information should be in a separate envelope from the Technical Proposal information. If any financial information is included with the Technical Proposal, the Proposer’s bid response will be disqualified.
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Proposals submitted via telegraph, facsimile (FAX) machine, telephone, and electronic means, including but not limited to e-mail, in response to this Request for Proposal will not be acceptable.
DELIVERED BY US POSTAL DELIVERED IN PERSON OR DELIVERY SERVICE SERVICE
RFP #WS14-006 RFP #WS14-006 Attn: Andrea Thompson Attn: Andrea Thompson Winston Salem State University Winston Salem State University Purchasing Department Purchasing Department 1604-B Room 108 Lowery Street 1604-B Room 108 Lowery Street Winston-Salem, North Carolina 27110 Winston-Salem, NC 27110
All bids are subject to the provisions of the Instructions to Proposers, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions. WSSU objects to and will not evaluate or consider any additional terms and conditions submitted with a Proposer response. This applies to any language appearing in or attached to the document as part of the Proposer’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS. By execution and delivery of this document, the Proposer agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.
2.4 Site Visit/Vendor Conference: Proposers are invited to inspect the project site prior to submitting a response to determine all needs associated with the scope of work. Failure to inspect adequately shall not relieve the Proposer from the necessity of furnishing and installing, without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract.
The Site Visit/Proposer’s Conference will be held on Tuesday, January 13, 2015 from 10:00 am – 12:00 p.m. in the A.H. Anderson Center. A tour of the campus will be provided after the conference. In the interest of fairness, visitation teams will be limited to two (2) persons per company. If you plan to attend the site visit, please complete Attachment 1: Intent to Attend Proposer’s Conference Form and email it to Andrea Thompson at [email protected] no later than Monday, January 12, 2015 at 12:00 noon. Parking on campus is by permit only; however, an alternate option is meter parking available at limited locations on campus. All Proposers are encouraged to obtain a temporary parking permit available at the University Campus Police office. A campus map is available online at: www.wssu.edu/campus-map/default.aspx
2.5 Questions: Submit all questions regarding this Proposal, via email, to Andrea Thompson at [email protected], no later than Tuesday, January 20, 2015 at 12:00 noon. Please enter “Beverage Questions for RFP # WS14-006 ” as the subject line for the email. Responses to questions will be posted no later than Friday, January 30, 2015 at 5:00 pm.
Responses to all questions will be communicated by numbered addenda that shall be posted at http://www.doa.state.nc.us/pandc/. Any such addenda so issued prior to the opening of the proposals shall be a part of the RFP. No telephone inquiries will be accepted.
2.6 Acknowledgement of Amendment to RFP: All addenda issued must be acknowledged by inserting a copy of that amendment in the proposal.
2.7 Anti-Collusion: The submittal of a proposal constitutes agreement that WSSU has not divulged any information regarding this RFP to any potential respondent, nor has colluded with any other respondents in developing a 5
Winston-Salem State U niversi ty RFP #WS14-006 response to this RFP.
2.8 Exceptions: All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an Proposer’s response will be waived and have no effect either on this Request for Proposals or on any contact that may be awarded resulting from this solicitation. Proposer specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.
2.9 Certification: By executing the proposal, the signer certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of your officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that you are not an ineligible Proposer as set forth in G.S. 143-59.1 False certification is a Class I felony.
2.10 Oral Explanations: WSSU shall not be bound by oral explanations or instructions given at any time during the competitive process or after award. Oral explanations will be permitted only at the University’s request.
2.11 Evaluation of Proposals: WSSU will conduct a comprehensive, fair and impartial evaluation of the proposals received in response to this request. Award will be based on proposal most advantageous to the University, and as provided by statute, the best value to the State. Designated University staff members will evaluate the proposals received and will consider factors noted in the subsequent paragraph and bulleted section. The award of a contract to one vendor does not mean that the other vendors’ proposals lacked merit. The University reserves the right to reject any or all proposals.
Proposals will be evaluated according to Completeness and Conformity of Content, Technical Approach Proposals, Oral Presentation, References and the following factors, in the order as stated in Exhibit N: Financial Considerations Proposal Sheet:
• Signing Award; Exclusivity Fee; Vending Commission; • Vending Pricing; CO2 Pricing; Pre-mix Syrup Pricing • Facilities Equipment Upgrades; Scholarships; University Event Sponsorships; • Athletic Camps and Side-line Supplies; Athletic Sponsorships and Promotions; Other
2.12 Reference to Other Data: Only information which is received in response to this RFP will be evaluated. Reference to information previously submitted shall not be evaluated.
2.13 Elaborate Proposals: Elaborate proposal in the form of brochures or other presentations beyond that are necessary to present a complete and effective proposal are not desired. In an effort to support the sustainability efforts of the State of North Carolina, we request your cooperation in this effort.
It is requested that all responses meet the following requirements:
- Proposal shall not exceed 100 pages. To include all tables, graphs, charts, graphics, etc. - All copies are printed double sided. - All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this information accordingly on the response. - Unless absolutely necessary, all proposal and copies should minimize or eliminate use of non- recyclable or non-re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding.
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Winston-Salem State U niversi ty RFP #WS14-006
- Three ringed binders, glued materials, paper clips, and staples are acceptable. - Materials should be submitted in a format which allows for easy removal and recycling of paper materials.
2.14 Cost for Proposal Preparation: Any costs incurred by Proposers in preparing or submitting offers are the Proposer’s sole responsibility; the State of North Carolina or Winston Salem State University will not reimburse any Proposer for any costs incurred prior to award.
2.15 Time for Acceptance: Each proposal shall state that it is a firm and final offer, which may be accepted within a period of 120 consecutive days. Although the contract is expected to be awarded prior to that time, the 120 consecutive day period is requested to allow for unforeseen delays.
2.16 Titles: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no binding force or effect.
2.17 Confidentiality of Proposals: In submitting its proposal the Proposer agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract. Proposers not in compliance with this provision may be disqualified, at the option of Winston Salem State University, from contract award. Only discussions authorized by the issuing agency are exempt from this provision.
2.18 Right to Submitted Material: All responses, inquiries, or correspondence relating to or in reference to the RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the Proposers shall become the property of Winston Salem State University when received.
2.19 Proposer’s Representative: Each Proposer shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm’s proposal.
2.20 Subcontracting: Proposers may propose to subcontract portions of the work provided that their proposals clearly indicate what work they plan to subcontract and to whom and that all information required about the prime contract is also included for each proposed subcontractor.
2.21 Proprietary Information: Trade secrets or similar proprietary data which the Proposer does not wish disclosed to other than personnel involved in the evaluation or contract administration process will be kept confidential to the extent permitted by applicable University policy and G.S. 132-13 if identified as follows: Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL.” Each section of the proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information may not be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law.
2.22 Historically Underutilized Businesses: Pursuant to General Statue 143-48 and Executive Order #150, WSSU invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled business enterprises and non-profit work centers for the blind and severely disabled.
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2.23 Protest Procedures: A party wanting to protest a contract award handled by WSSU must submit a written request for a protest meeting to the Director of Purchasing which must be received in the Purchasing Department within thirty-(30) consecutive days from the date the protested contract award. This letter must contain specific sound reasons and any supporting documentation for why the party is protesting the award or the protest will be promptly rejected. A final decision for this protest will be reached within twenty-(20) consecutive working days. If we are unable to inform you by this date a written letter will be sent to you advising you of the reason and the date. If not, the Director of Purchasing will schedule a meeting with the protesting party to hear their complaint. This meeting will be held within thirty-(30) consecutive calendar days after the receipt of the written protest. The Director of Purchasing will respond to the protesting party with a decision within the thirty-(30) consecutive calendar day period from the date of the protest meeting. If the protesting party is not agreeable to the decision of the Director of Purchasing they may make a final appeal, following the same procedures described above to the Vice Chancellor for Finance and Administration. The Vice Chancellor for Finance and Administration’s decision is final.
2.24 Contract Notification: Contract award notice is sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Bid status and award notices are posted on the internet at http://www.doa.state.nc.us/pandc.
2.25 Tabulations: The State Division of Purchasing and Contract Office has implemented an Interactive Purchasing System (“IPS”) that allows the public to retrieve bid tabulations electronically at http://www.doa.state.nc.us/pandc/. Click on the IPS Bids icon, click on Search for Bid, enter the RFP number, and then search. Tabulations will be available after opening of the RFP, but may not be available on the Internet until after one-(1) day.
2.26 Vendor Registration and Solicitation Notification System: Proposer Link NC allows Proposers to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services available on the Interactive Purchasing System, online registration and other purchasing information are available on the State Division of Purchasing and Contract website.
2.27 Reciprocal Preference: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident Proposers. The “Principal Place of Business” is defined as the principal place from which the trade or business of the Proposer is directed or managed.
2.28 Schedule of Key Events: Listed below are specific and estimated dates and times of actions related to this Request for Proposal. The actions with specific dates must be completed as follows:
2.28.1 Issue Date of RFP: December 19, 2014
2.28.2 Site Visit/Proposer’s Conference: January 13, 2015 at 10:00 a.m.
2.28.3 Deadline for Questions: January 20, 2015 by 5:00 p.m.
2.28.4 Deadline for Receipt of Proposals: February 6, 2015 by 10:00 a.m.
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2.28.5 Oral Presentations: Proposers submitting proposals will be required to present an oral presentation, prior to the award of the contract. Each Proposer will be given thirty to forty-five (30-45) minutes to present, and should use that time to provide a brief introduction/background of company, discuss merit of proposal offerings and transition plan. Transition plan shall include a strategy that will prevent, as much as possible, the least amount of revenue loss to the University. Oral presentation will be held at the A.H. Anderson Center on Thursday, February 12, 2015 at 9:30 a.m. Please note that the University reserves the right to cancel all oral presentation should it be determined that they are no longer required.
2.28.6 Notification of Intent: March 13, 2015
2.28.7 Transition Schedule Due: April 1, 2015
2.28.8 Transition Period: May 11, 2015 –June 19, 2015
2.28.9 Proposed Contract Commencement Date: July 1, 2015
3.0 Winston Salem State University General Information and Background
University: With a curriculum that focuses on the whole student, Winston-Salem State University produces graduates who are creative, flexible problem-solvers known for leadership and service. A progressive response to the needs of society is nothing new for this historically black constituent institution of the University of North Carolina. Founded in 1892, WSSU in 1925 became the first historically black institution in the nation to grant elementary education teaching degrees.
Today, WSSU's award winning Motorsports Management major is the nation's first Bachelor of Science degree program dedicated to Motorsports management. WSSU is the third largest producer of nurses in North Carolina. In the Arts, The Smithsonian Institution named the Diggs Gallery at WSSU one of the nation’s best regional, contemporary African-American art galleries. Building on its core strengths in education and the health sciences, the university has grown to include innovative undergraduate and graduate programs in more than 40 majors that meet the needs of a fast-evolving job market. For more details about our history, visit www.wssu.edu.
University Facilities: There are 40 buildings located on 110 acres within the city of Winston- Salem, North Carolina. The University currently maintains 9 residence halls, which provides a significant number of beds for on campus living. These residence halls feature wireless communications, computer labs, vending rooms and laundry facilities.
Campus Dining Services, contracted through Aramark Higher Education, Inc. provides options at 5 campus locations. One dining hall located on campus that features full service, all-you-care-to-eat menus, seven days per week. A full listing of campus dining locations and services is available online at http://www.campusdish.com/en-US/CSSE/WinstonSalem
3.1 Athletics: The Mission of WSSU Athletics is to empower student athletes with academic and competitive success, leadership development and community engagement. We are members of the Central Intercollegiate Athletic Association (CIAA). This conference is comprised of 12 universities. The member schools span the east coast from Pennsylvania to North Carolina. WSSU has student athletes participating in eleven men’s or women’s sports. 9
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3.1.1 Bowman Gray Stadium: The Rams play their home games at Bowman Gray Stadium, a facility that is one of the nicest venues in which to play for visiting teams in the NCAA Division II Atlantic Region and the Central Intercollegiate Athletic Association (CIAA). With seating for 17,000 fans, Bowman Gray Stadium provides a welcome to many loyal fans and visitors throughout the year. Bowman Gray Stadium, sitting only one block from the main campus of Winston-Salem State University, is not only home to WSSU football; it also serves as the home of the NASCAR Weekly Racing Series, the longest running NASCAR series in the nation. Originally opened in 1956, the NASCAR Grand National Series (now the Sprint Cup) first raced at Bowman Gray Stadium in 1958.
Multitudes of media members enjoy the spacious 3,748 square foot press box that adorns the West side of Bowman Gray Stadium. A first class dual-level press box and pair of luxury suites house media members and VIPs on game day.
3.1.2 Bowman Gray Fieldhouse: The Winston-Salem State University Department of Athletics opened the state-of-the-art 20,992 square foot athletic field house in May of 2008. The five-million dollar building was designed by Carlos Espinosa of Thomas H. Hughes Architecture, P.C., and was built by Triad Builders of King, North Carolina under the guidance of Project Manager, Aric Bullington and Superintendent Doug Boelsche.
The field house houses all of WSSU’s football, sports medicine, and athletic administration offices as well as a pair of general-use offices, two skyboxes, and over 4,000 feet of meeting space. Perched atop the back of the field house is the newest and most advanced video board in the Central Intercollegiate Athletic Association (CIAA). With a total cost approaching $400,000.00, the board was assembled by Texas Star Solutions and manufactured by Lighthouse. The Rams’ video board is built to the same exacting standards as a pair of Lighthouse video boards that adorn Qwest Field in Seattle, the home of the Seattle Seahawks of the National Football League.
The field house is the home of the Winston-Salem State University football with a cutting-edge pair of locker rooms, training rooms, and a 4,000 square-foot strength, speed, and conditioning training facility. Adjacent to the field house, the Rams recently opened their new practice facility which is home to a fully-lighted 100-yard grass football field and a 50-yard half-field practice surface. The large field is encircled by an eight-lane Olympic track with a complete competitive outdoor track & field facility, home the WSSU track & field team.
The focal point of the field house is the 1,600 square foot Curtis L. (‘76) and Earline (‘71) Richardson Hospitality Suite that sits adjacent to the open-air, full-length deck with accommodations for over 400 VIP’s and guests. Also included in the field house are offense and defense meeting rooms with state-of- the-art video editing software systems for breaking down game film. Each football assistant coach has access to video playback capability.
3.1.3 The Clarence E. Gaines Center: One of the loudest and traditionally toughest places to play in the CIAA and even Division II is the Clarence E. Gaines Center. The Gaines Center is the home to the Winston-Salem State University Rams and Lady Rams basketball teams. It serves not only as the competition site of two of the top teams in the Central Intercollegiate Athletic Association (CIAA), but also is the primary practice facility for the two teams. In addition, it is also the home site for the Winston-Salem State University Lady Rams volleyball team. This facility has the capacity to seat 2800 people. The Gaines Center stands as one of the most raucous fan-friendly venues in the CIAA. 10
Winston-Salem State U niversi ty RFP #WS14-006 The Rams and Lady Rams basketball teams welcome near-sellout crowds at every home game.
4.0 SCOPE OF REQUIRED PRODUCTS AND SERVICES:
Winston Salem State University is seeking proposals from a nationally recognized beverage company to provide and sell specific carbonated beverages, soft drinks, juices, water and all other products listed in this RFP under paragraph 1.3 and its applicable sub-sections. The University wishes to continue high levels of sponsorship and commission revenues through up-to-date equipment, efficient beverage marketing, sales and distribution, and competitive pricing and commissions as elements of an exclusive, long-term agreement. The successful Proposer of this beverage and soft drink agreement will apply its collective resources to continue to increase and improve the sale, service and availability of soft drinks and beverages at all available University facilities and through the University operations.
Through this RFP, WSSU intends to establish a five (5) year agreement, with two extension options of one- three (3) year period and one-two (2) year period, with a qualified beverage Proposer for the purposes of providing exclusive soft drink pouring and vending rights.
The Successful Contactor shall provide the following
. In addition to preferential product pricing, the Proposer shall pay to WSSU a lump sum payment, as a signing award, at the beginning of the contract and an installment payment, as exclusivity fee, each year on the anniversary date of the contract for the entire period of the contract agreement (see specifics in Sections 4.5.7.1: Signing Award and 4.5.7.2 Exclusivity Fee).
. The Proposer shall pay to WSSU an annual guaranteed vending commission or a vending commission based on total vending sales, whichever is greater. The University will provide maximum opportunity for vended sales but is unable to guarantee case volumes (see specifics in Sections 4.5.7.6: Vending Commission, 4.3.8: Concession Cups, 4.3.10: Sponsorship and Promotions).
. The University desires to increase revenues by increasing beverage product sales in all its venues. The Proposer shall provide comprehensive marketing and advertising strategies that will increase sales in Dining Services, and Concessions (see specifics in Section 4.2.16; Dining Services Marketing).
. The Proposer shall offer Aramark Higher Education, the Campus Dining Services Proposer, or then current food service provider, and other departments and offices and Proposers on campus the contract pricing for fountain, canned and bottled beverages.
. The successful Proposer shall provide coolers and towels, for athletic sports teams, at no additional charge to the University.
. The University desires to continue to expand its Recycling Program. The successful Proposal must provide, and/or implement, a recycling program for waste generated by the University under this exclusive soft drink pouring and vending rights agreement that is related to recycling waste materials, the purchase of recycled materials and participation in waste separation programs. (see specifics in Section 4.1.5.4: Recycling)
. The successful Proposer shall be required, at any time, during the life of the contract, to provide menu boards and/or banners as needed in current campus venues, including any new constructed buildings on campus.
. The Proposer shall be responsible for all costs to install IP addressable card-readers (see specifics in Section 4.1.8) on vending equipment, as well as the installation of an industry-leading cloud-based software solution that will provide the University with the ability to track, manage, and optimize the management of auxiliary services contracts. The Proposer shall pay the University the annual service fee for service and maintenance connected with both Cbord and the industry-leading cloud-based software solution.
. The Proposer shall without charge to the University be required to provide a minimum of eight 11
Winston-Salem State U niversi ty RFP #WS14-006 hundred (800) cases of product allocation per year. This yearly product allocation will be separate and apart from any and all year athletic allocations.
4.1 VENDING PRODUCT AND SERVICE REQUIREMENTS
4.1.1 Vending Sales History and Price: The Proposer also maintains accounting information and pays monthly commissions to the University on previous month sales.
4.1.1.1.1 Price and portion change requests from the Proposer may be submitted to the University for consideration on an annual basis. The University intends to only make price changes July 1st of each year, and not until after the first twelve-(12) months of the contract. Under extenuating circumstances, and with price adjustment documentation, the University will consider price adjustment requests.
4.1.1.1.2 The Proposer shall provide the University with price change requests a minimum of ninety days-(90) days prior to the beginning of the twelve-(12) month period in which they are effective. The Proposer shall provide the University with data supporting changes being recommended which are demonstrated to be industry wide. After cost change verification, the University shall determine those price changes to be approved and the effective day. The University may, in part, use the Consumer Price Index. The base index shall be the index average for the month prior to the time this contract is awarded.
4.1.1.1.3 All prices include state and local sales tax. All taxes will be paid and reported by Proposer
4.1.1.3.4 The Proposer must provide a full list of all products intended to be served, sold, and distributed with the Proposal as a part of Exhibit N: Financial Considerations Proposal Sheet.
4.1.2 Vending Equipment:
4.1.2.1 The Proposer shall provide all equipment as specified herein. A listing of the current equipment and locations can be found on Exhibit L: Current Vending Equipment and Sales Information.
4.1.2.2 The University and Proposer shall determine installation location of the required equipment at new and existing sites by mutual agreement. The Proposer shall assume sole expense and risk to place, install and maintain all soft drink dispensing and holding equipment. Where necessary, electricity, water and waste drainage shall be brought to the equipment by the University. All installation and alterations to the existing space and facilities shall have prior approval of the Contract Administrator or area designee.
4.1.2.3 Location and description of required vending equipment, presents the initially required minimum equipment; but it is intended that at regular intervals during the duration of the contract the amount of required equipment shall be examined by the University and Proposer with the objective of providing the best possible service to the students, staff, faculty, and guests. All equipment must be in compliance with the American with Disabilities Act (ADA).
All machines, as mutually agreed upon by both parties, shall be capable of having debit card readers (currently Cbord readers with magnetic stripe reading capabilities). All machines, as mutually agreed upon by both parties, shall have these readers installed at the Proposer’s expense. Any exceptions must be approved in writing by the Contract 12
Winston-Salem State U niversi ty RFP #WS14-006 Administrator.
4.1.2.4. The Proposer shall stock, maintain, service and repair all equipment. The Proposer shall provide the labor and parts required for equipment repair at no charge to the University. Proposer shall clean and service the soft drink dispensing and holding equipment.
. All machines, as mutually agreed upon by both parties, are required to be new unless otherwise indicated, . All machines are multi-drop bus, . New equipment should be Energy-star rated, . Vending Machines to use leading industry specific energy saver technology, . As mutually agreed upon by both parties, all machines are to have dollar bill acceptors and Cbord readers.
4.1.2.5 The University requires the Proposer to provide new and updated vending and related auxiliary equipment. New equipment shall be of most recent model and not manufactured prior to 2013. Updated equipment shall be 2013 model or newer, and if not new, they will be shop rebuilt and refurbished prior to installation. Leading industry specific energy saver technology on all equipment is required. Canned soda provided with product identification graphic will not be acceptable.
4.1.2.6 For purpose of this contract, updated, rebuilt, and refurbished requires the equipment be in like new condition prior to final acceptance by the University for location on campus. Acceptance of machines will be based on compatibility with the Cbord Transaction System.
4.1.2.7 New and updated equipment shall be listed as certified by the Automatic Merchandising Industry Health Code. If the 2013 model equipment has been used, it shall be inspected by the University for approval prior to installation. All updated equipment shall be subject to inspection and approval by the University prior to final installation.
4.1.2.8 The vending equipment shall be compatible in terms of decor when three or more beverage machines are placed together at one location. The vending equipment shall be the same height to give uniformity of appearance, except as otherwise mutually agreed by the University and Proposer. The Proposer shall install and pay the costs of any decorative motif.
4.1.2.9 The cold beverage machine shall be equipped with non-reset electronic sales totalizers and selection panels which have the capability to provide digital display of total sales. Cash collections reports, debit card sales, reported sales, inventory control records, and non-reset item sales counters and totalizers.
4.1.2.10 The Proposer shall provide the University with invoice copies to verify new vending equipment purchases are in compliance with contract requirements. Initial and subsequent installations of new and updated vending equipment shall be identified by type of equipment, serial number, manufacturer’s meter readings and location. These listings are to be provided to the University not later than thirty (30) days after the effective date of the contract.
4.1.2.11 After the start of this contract, the Proposer shall not add or remove vending or auxiliary equipment without prior written approval of the Contract Administrator. All scheduled revisions shall be recorded on the monthly revenue and equipment commission report.
4.1.2.12 At regular intervals during the contract, the amount of required vending equipment shall be examined by the University and the Proposer with the objective of providing the best possible service to eligible users. 13
Winston-Salem State U niversi ty RFP #WS14-006
4.1.2.13 Equipment shall be maintained throughout the life of the Contract free and clear of any liens, mortgages, and encumbrances unless otherwise agreed to by the University. Proposer shall institute and maintain a program of preventive maintenance and regular replacement of worn, damaged, or malfunctioning soft drink pouring equipment.
4.1.2.14 All material, equipment and supplies provided to the University must comply fully with all safety requirements set forth by the health inspector, Rules of the Industrial Commission on Safety, and all applicable OSHA standards. During the course of this contract, the Proposer is fully liable for public and private protection.
4.1.2.15 As “state of the art” soft drink vending equipment capabilities evolve, the University and Proposer will discuss the feasibility and terms of installing equipment and programs for new technological developments at mutually agreed locations.
4.1.2.16 The University has a debit card program (Ram Card) for use by students, faculty, staff, and guests for purchase of products at all vending locations. The Proposer must purchase and maintain the card readers. The University shall be responsible for the installation of communication lines. The Proposer shall be responsible for the installation of the debit card readers on vending equipment.
4.1.2.17 The Proposer shall be responsible for providing the University with monthly debit card and cash sales by vending machine and by location.
4.1.2.18 Where necessary, and mutually agreed by the University, utilities shall be brought to equipment by the University. The Proposer shall be responsible for paying the costs of connections from the equipment to the provided utility source, including all other costs of installation of the equipment.
4.1.2.19 The University shall not guarantee an uninterrupted supply of water, steam, electricity or heat except that it shall be diligent in restoring service following an interruption. The University shall not be liable for any loss that may result from the interruptions or failure of any such utility services.
4.1.2.20 All vending equipment owned by the Proposer shall remain with the Proposer. However, the University agrees to take such measures as may be reasonably required, as defined by the University, for the protection against loss by pilferage or destruction. Required equipment repairs expense shall be the Proposer’s responsibility.
4.1.2.21 The vending machines shall be operated during the entire year, but with reduced selections arrived at by mutual agreement for the University vacation breaks or other reasons for service interruption. The Proposer shall meet annually in May with the University to determine if any number of additional machines is required to service summer camps and conferences.
4.1.2.22 The Proposer shall provide uniformed rate service attendants at high sales volume locations during peak service periods, as mutually agreed. The rate service attendants shall assist with the operation of equipment, re-stock vending items, maintain the service area in a sanitary and orderly condition, and other such services as may be required.
4.1.2.23 Proposer shall provide at each vending food equipment location operating instructions. The Proposer shall post on every machine the following information:
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Winston-Salem State U niversi ty RFP #WS14-006 . Refund location, . University vending e-mail address for concerns/suggestions etc., . Vendor toll free telephone number to accept service calls.
All information including permits, licenses and price regulation required to be posted shall be displayed in an appropriate manner agreed by the University without defacing of the facilities of the University.
4.1.2.24 Proposer shall provide at each vending beverage service equipment location, operating instructions and information to eligible users where malfunction reports and refund requests may be made. All information including permits, licenses and price regulation required to be posted shall be displayed in an appropriate manner agreed by the University without defacing of the facilities of the University.
4.1.2.25 The Proposer shall be responsible for Ram Cards obtained from the University and the security of those areas for which and when they are used by its representatives. The Proposer shall be responsible for immediately reporting all the facts relating to losses incurred equipment damage or break- ins to their equipment and areas of the University. The University shall designate the authority that shall receive these reports and be responsible for card issue and periodic review of card control.
4.1.2.26 The Proposer is responsible for the purchase of padlocks and other security devices which may be required by the Proposer to further ensure revenue, product or property.
4.1.2.27 The University and Proposer shall mutually determine the additional security measures required to control unauthorized access to all vending beverage service areas included in this contract.
4.1.2.28 The Proposer shall be responsible for replacement of lost cards assigned to its employees and the cost of re-issuing a card as a result of their negligence and/or loss of cards.
4.1.2.29 All vending equipment shall have the capability of returning change in amounts of $0.05, $0.10 $0.25, $1.00 as required, and have adequate change inventory for required returns. Any exceptions must be approved by the Contract Administrator.
4.1.2.30 All machines shall be equipped with a microprocessor controlled dollar bill acceptor as an equipment accessory for all vending locations.
4.1.2.31 All vending machine coin/bill changer mechanisms shall be electronic and maintained at the full change bank capacity and inventoried each time the machine is serviced and brought up to capacity. The coin changers shall be designed with and shall use automatic refill features.
4.1.2.32 Dollar bill and/or acceptor mechanisms on vending machines installed within the duration of this contract must be compatible with the Cbord Transaction System. Any dollar bill acceptors that do not function properly, or do not provide the desired audit outputs to the Cbord debit card readers shall be replaced or upgraded. Any and all costs associated with replacing or upgrading dollar bill validators or coin mechanisms shall be the sole responsibility of the Proposer.
4.1.2.33 Items sold through vending equipment shall not be manually sold by vending attendants or route employees. Prior to requiring manual sales of items sold through vending equipment, high volume areas shall be equipped with additional vending equipment of the type required. Location sales during the equipment stocking processes shall not be done manually. 15
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4.1.3 Removal of Equipment upon Termination of Contract
4.1.3.1 Upon termination or expiration of this Contract, Proposer shall vacate and return the premises to the University in the same condition at the time the Proposer entered the premises, reasonable use and wear expected.
4.1.3.2 Vending and auxiliary vending equipment not removed from the University locations on cancellation or expiration of this contract and/or after ten days written notice to the Proposer may be removed and placed in storage by the University. All costs of removal, storage and product and revenue loss shall be the Proposer’s.
4.1.3.3 Soft drink dispensing and holding equipment not removed from the University locations on termination of this Contract after ten-(10) days written notice to the Proposer may be removed and treated as abandoned property. All costs of removal, storage and product and revenue loss shall be the Proposer’s.
4.1.3.4 In all locations, remote soda and CO2 lines are to remain in location and in no way be removed, damaged or destroyed.
4.1.3.5 All debit card readers installed in vending machines are the property of the successful Proposer.
4.1.4 Vending Reader Guide
Cbord currently offers one type of vending machine reader. Proposer will be required to install the necessary components on all vending equipment. Currently, all machines will be required to have a vending reader guide.
4.1.5 Vending Equipment: Facilities Maintenance, Sanitation, Recycling, Repair and Replacement
4.1.5.1 Facilities
The University shall provide the Proposer with such heat, water, electricity, and ventilation as are necessary to operate the drink machines and devices provided. The Contactor shall not permit its employees, agents, or servants to remove, alter, or make changes in any University premise without the written approval of the University. The Proposer shall be liable for the complete renovation of all or any part of the premises(s), which may be damaged or destroyed by the acts of omissions of the Proposer or its employees, officers, guests or invitees. The Proposer shall return the premises, upon expiration or termination of any contracting resulting from this RFP, to the University in the same condition that existed at the commencement of any contract resulting from this RFP less reasonable wear and tear.
4.1.5.1.1 The University shall be responsible for the periodic stripping and sealing or waxing of floors in the vending areas, and shall furnish at its expense the necessary equipment, supplies and labor. The University and the Proposer shall mutually develop a semi-annual schedule for the University to thoroughly clean and seal the floor under and in the adjacent area of vending equipment.
4.1.5.1.2 The University shall provide waste containers, bag liners, and recycling containers in the vending areas, where necessary, and in sufficient number, to maintain sanitary standards for trash 16
Winston-Salem State U niversi ty RFP #WS14-006 disposal. All waste containers and recycling containers shall be kept in a clean and satisfactory condition at all times and emptied as necessary by the University. 4.1.5.1.3 The University shall be responsible for the costs of insect and pest control in all vending service and storage areas. The Proposer shall maintain maximum insect and pest control for its products and equipment.
4.1.5.1.4 All losses of equipment supplied as a part of this Agreement incurred by Proposer for whatever cause, including but not limited to fire, accident, theft or vandals, shall be the sole responsibility of the Proposer.
4.1.5.2 Maintenance
4.1.5.2.1 The Proposer shall institute and maintain a program of preventive maintenance and regular replacement of worn, damaged, or malfunctioning equipment that shall be at its own expense. The University shall not perform maintenance or repair on any equipment of the Proposer or that is on loan to the University. The Proposer shall describe a program in detail, specifying equipment and parts on-hand to meet emergencies and routine maintenance and repair as part of Exhibit I: Vending and Dining Services Equipment Maintenance Proposal.
4.1.5.2.2 The Proposer shall maintain a continued program of equipment replacement in locations where obsolescence becomes a factor resulting in potential service or sales reduction.
4.1.5.2.3 A management representative of the Proposer shall conduct equipment and facilities maintenance and sanitation inspections periodically. A copy of all inspection reports shall be furnished to the University by the Proposer. The Proposer is responsible to implement corrective operating measures required as a result of these inspections and reports within ten days notification from the inspecting agency and by mutual agreement of the University.
4.1.5.3 Sanitation
4.1.5.3.1 The Proposer shall comply with all applicable Health and Sanitation laws, rules and regulations of the Federal Government, the State of North Carolina, WSSU, and the City of Winston- Salem and keep in a clean, sanitary, neat and orderly condition the appearance of the vending equipment, fixtures, and other personal property at all times by:
. Cleaning the external cabinet of all vending machines, including cabinet tops, shall be kept free from dust and other contaminants. Screens, compressor zones and condensers shall be inspected regularly for dust, seepage and other residue and shall be kept clean.
. Proposer’s employees shall be responsible for inspecting under and behind the vending machines and supplemental equipment for evidence of dirt, debris and vermin. When cleaning of these areas is required, the Proposer shall provide access, by kick plate (skirt) removal or machine movement, and advise the University of the need for cleaning. . Cleaning up all spillage and/or overflows caused by malfunctions and/or servicing; . Removing from the premises all cartons, trash, or refuse of any nature, whatsoever, which may accumulate and arise from the servicing of its machines. In particular, product which is removed from machines should not be discarded in the waste receptacles located in the vending areas or other parts of the residence halls or buildings; . Performing routine cleaning procedures on the interior of vending machines and, during 17
Winston-Salem State U niversi ty RFP #WS14-006 vacation periods, a major and detailed cleaning of all machines, both exterior and interior; . Fully cooperating at all times with the University, its agents and representatives in the testing of its vending machines or devices and/or its products for the purpose of determining adherence to proper health and sanitation standards.
4.1.5.4 Recycling
4.1.5.4.1 The Proposer shall comply with University and policies and procedures related to recycling of waste materials, purchase or recycled materials and participate in required waste separation programs. The University shall arrange for space and or suitable containers required for recycling.
4.1.5.4.2 The Proposer shall develop programs, approved by the University, to reduce the use of disposable items that are not recyclable and separate for recycling the following materials that are generated as solid waste by the University and Proposer in direct relations to the this exclusive soft drink and pouring vending rights agreement:
. Aluminum containers . Corrugated paper or other container board . Glass containers . Applicable material printed on similar paper . Applicable printed material . Plastic containers #1, #2, #6 . Containers for carbonated or malt beverages that are primarily made of a combination of steel and aluminum . Waste metals and clear plastic/shrink wrap
4.1.5.5 Repair and Replacement
4.1.5.5.1 Repair: The Proposer shall provide on call, as needed, vending and auxiliary equipment maintenance and repair service twenty-four-(24) hours, seven days per week so as to minimize equipment down time should malfunctions be reported. The Proposer shall respond to equipment service and repair calls/reports within a minimum of three-(3) hours between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday.
The Proposer shall provide the University a toll free number to call or accept long distance calls for required service.
4.1.5.5.2 Replacement: The Proposer shall be responsible required to periodically review and upgrade machines as new or more popular equipment becomes available. Volume or weight changes may be made only with written approval of the University. In the case the Proposer may win multiple beverage bids for the University (i.e. bottled water and juice) these beverages may be sold in the same vending machine. All machines must meet the Energy Star specifications for energy efficiency.
In the event any vending equipment becomes inoperable and cannot be returned to full service within seventy-two-(72) hours of notification of needed repair, the equipment shall be replaced with comparable equipment of like quality until the original equipment is returned to service. 18
Winston-Salem State U niversi ty RFP #WS14-006
4.1.6 Delivery and Service
4.1.6.1 All products shall be transported at the proper storage temperature. Delivery is to be made in clean, enclosed, and as necessary, temperature controlled trucks. Non-compliance will result in refusal of product and replacement at Proposer’s expense. Delivery trucks size should be appropriate to the campus size and limitations.
4.1.6.2 Any machine that is consistently found with two-(2) or more selections empty will require more frequent delivery visits.
4.1.6.3 The Proposer shall be alert to specific equipment that requires product inventory stocking more frequently than once per day to maintain adequate variety and inventory to provide satisfactory service twenty-four-(24) hours per day.
4.1.6.4 Residence Hall Service: The Proposer will ensure that all residence hall machines are full at the beginning of each weekend. Should a call be made to report an empty machine in the residence halls, the Proposer will dispatch someone to refill the machines within twenty-four (24) hours. If the call is made during the night, the Proposer will respond at 8:00 a.m. the following morning.
4.1.6.5 All Service: The Proposer shall supply vended products to the equipment Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. during the regular academic semesters and summer school. At the beginning of each term (Fall, Spring, and Summer) a meeting will be held with the Contract Administrator to review and approve the delivery cycle for each machine.
4.1.7 Industry Improvements
The Proposer shall keep the University informed of new industry security measures in use. The University shall institute or execute such measures required to accomplish maximum property, product and revenue security when presented in writing by the Proposer and mutually agreed to by the University. Industry improvements on vending equipment occurring during the life of this contract shall be incorporated by the Proposer on the originally installed equipment and subsequent installations where it is deemed feasible by the University and mutually agreed upon by the Proposer. Such improvements shall include, but not be limited to: fail-safe no touch burglar alarms, self-locking coin boxes and various electronic security, debit card readers and metering devices.
4.1.8 The Debit/Credit Card System
The successful Proposer will ensure that all vending machines, supporting cashless payments (Credit and Debit Cards), will also support the necessary payment bezel and telemeter payment hardware such as that found in a leading scalable, modular device, that will provide the University with choices for cashless connectivity. It shall include the capability to talk over a variety of networks (like CDMA, 2G, 3G,) and works with a variety of back-end processors through a wireless gateway partner.
The leading scalable, modular device for credit card processing will be critical for maximizing payment options and increasing sales for the University. Such technology will allow the University to provide its constituency with a retail like experience for payment options. When selecting the aforementioned solution, the successful Proposer must ensure that the following technological requirements are met:
Payment hardware certified to a highly secure payment gateway (leading industry model), including:
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Winston-Salem State U niversi ty RFP #WS14-006 . PCI-DSS and PA-DSS security. Seamlessly and efficiently integrated into the transaction processing flow. Compliance with PCI-DSS Requirements / Guidance: . Use strong cryptography and security protocols such as secure sockets layer (SSL) / transport layer security (TLS) and Internet protocol security (IPSEC) to safeguard sensitive cardholder data during transmission over open, public networks. . Examples of open, public networks that are in scope of the PCI DSS are the Internet, WiFi (IEEE 802.11x), global system for mobile communications (GSM), and general packet radio service (GPRS). . AUTHENTICATION. Two-way authentication must be provided between the terminal and host using the RSA algorithm and 1,024-bit keys. . CONFIDENTIALITY. Data encryption must be performed using either 3-DES or the Advanced Encryption Standard (AES) with the maximum (256 bit) key strength. . NON-REPUDIATION. Encryption keys must be dynamically established with a unique key for each transaction. . DATA INTEGRITY. Hashed Message Authentication Code (HMAC) using Secure Hash Algorithm (SHA-1) algorithm is required. . REPLAY PROTECTION. A unique identifier, associated with each transaction, permitting immediate detection and blocking of replay attacks is required. . HIGH-AVAILABILITY. Redundant system design with automatic fault detection and fail-over assuring high Quality of Service (QoS) and protection against Denial of Service (DoS) attacks is required.
. WIRELESS CONNECTION RELIABILITY. Ability to mitigate wireless networks that are inherently slow, unreliable and insecure is required. . Support dynamic vs. static IP addresses in wireless devices . PERFORMANCE OPTIMIZATION. Protocol must be optimized for minimal transaction overhead and maximized speed. Payment data and basic telemetry data shall total less than 1MB per month (enables usage of optimal wireless carrier plans). - Gateway connected to payment hardware shall support processing of the University Ram Card format including non-standard track 2 ID numbers. - Gateway connected to payment hardware shall support connection to all major processors . There shall be no cost for switching from one processor to another . Gateway must support switching from one processor to another in less than 3 days - Gateway connected to payment hardware shall support connection to CBORD. - Gateway connected to payment hardware shall support connections to all major wireless point of sale terminals. The cost of each reader, installation, annual user’s and all associated fees will be the responsibility of the Proposer.
4.1.8.1 The University uses the Cbord Transaction System for vending debit/credit card use by students, faculty, and staff for purchase of products at select vending locations on campus. The University shall be responsible for purchase/lease of the cards, installation of communication lines, selling and establishing purchase value and vending categories for purchases.
4.1.8.2 The Proposer shall be responsible for:
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Winston-Salem State U niversi ty RFP #WS14-006 . Providing vending machines compatible with the Cbord Transaction System; . Purchasing and installing (IP addressable) Cbord card readers to read magnetic strips in vending machines. . Installing/replacing card readers and other technology as necessary to maintain compatibility with campus systems as well as any updates to other machine and control technology. . Paying the annual Cbord user fee of $7,000.00 payable to the University on or before July 1st of each contract year. Any increase to the cost of utilizing the Cbord program for vending will be passed on to the Proposer by the University. This includes hardware, software, and maintenance of the System. Increases will be substantiated by invoices or other office documentation not to exceed $7,000.00 annually.
4.1.8.3 Additional equipment added or replaced for mechanical malfunction, failure or any other reason is required to have installed CBORD Transaction System debit card vending readers prior to service if required at that location.
4.2 CAMPUS DINING SERVICES PRODUCT AND SERVICE REQUIREMENTS
WSSU Campus Dining offers a robust food services operation that has generated approximately $15,000,000 in sales since 2012 academic year. As 2.0% of revenues are derived from the sale of beverages, it is important that the University continues to increase beverage sales.
4.2.1 Campus Dining Proposer: At the present, Aramark Higher Education is the University’s Campus Dining Proposer. Aramark Higher Education or the campus dining Proposer at the time will directly purchase all RFP related beverage products for consumption in dining service restaurants and other venues from the successful Proposer and be invoiced for same.
4.2.2 Campus Dining Service Venues:
4.2.2.1 Cleon F. Thompson Center – includes Kennedy Dining, an “all you can eat” facility which serves approximately meals daily during the academic year. The Thompson Center also includes the Red Room (faculty dining), and the P.O.D. (Provisions on Demand).
4.2.2.2 Donald Julian Reaves Student Activities Center-- is a brand new, 3 level, 93,000 square foot student activities center which houses a hardwood regulation size basketball court, a 3 level fitness center equipped with state of the art weight training and cardio equipment, several multi-purpose rooms, aerobics studio, game room, commuter lounge, living room footprint with fire place and gaming consoles, large ball room and several food venues to include the following: Popeye's Chicken, Subway, Topio's and Burger Studio.
4.2.2.3 Retail Cafes: Einstein Bagels in Student Success Center, Java City in Elva Jones Computer Science Building, C-Store at Rams Commons, University Bookstore located in the Cleon F. Thompson Center and Rams Express located in the Albert H. Anderson Building.
4.2.3 Post Mix Usage History: Dining Services utilizes the five-gallon bag in a box product in its fountain carbonated soft drink program. The usage rate of all campus restaurants for the various products currently utilized is as follows:
. 2011 10,646 21
Winston-Salem State U niversi ty RFP #WS14-006 . 2012 10,214 . 2013 9,466
4.2.4 Post Mix Syrup Dispensing Equipment Requirements: All dining services fountain dispensing equipment is used in a self-service manner and must be equipped with locks and/or shut off devices; a separate water supply shut off valve; a stainless steel, vented; double check valve backflow preventer, all necessary components to support a bag in the box system; and the necessary components of a CO2 system. All fountains dispensing equipment must be supplied, installed and maintained by the Proposer at no cost to the University. All equipment installed in dining services must be new and of state-of-the art models, and must remain in a like new and market current condition throughout the life of the contract. Utilities provided will be standard 3/8” or better cold water line, 110 voltage and grounded 20 amp electrical service. All dispensers must operate with their own electrical refrigeration unit for service of cold beverages.
4.2.4.1 Fountain Dispensers: A minimum of 7 fountain dispensers units and 0 soda gun system is required to duplicate the services currently in dining services. All dispensers must be of the “quick fill” variety and include head configurations and ice dispensers of the size noted in specification. The dining hall unit must have 8 heads dedicated to dispense chilled tap water. Chilled tap water must be dispensed in the other applicable campus food service locations. All fountain dispensing units must be equipped with no less than 1/3 horse power compressors, must be completely self-contained and have a closed dispensing system. All fountain dispensing units must meet appropriate State and Local Health Department codes.
4.2.4.2 Fountain Dispenser Units: The following list describes the minimum fountain dispensing units to be provided in the dining area. The successful Proposer will be expected to provide additional units as consumer demand warrants and as facility renovation or new construction warrants.
4.2.4.1.1 Cleon F. Thompson Student Center:
Kennedy Dining and Red Room Staff and Faculty Dining. Both locations have 1 each. 4.2.4.1.2 Donald Julian Reaves Student Activities Center
Topios 1
Popeye's 0 Burger Studio 1
Subway 1
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4.2.4.1.3 Retail Outlets
Java City 0
C-Store 0
P.O.D. 0
Rams Express 0
Einstein Bagels 0
Campus Book Store 0
4.2.5 Fountain Dispenser Flavor Selection: Flavor Selection on all units will be matched to consumer preferences and be agreed upon by Dining Services managers. All flavor selections available must be clearly marked for the customer.
4.2.6 CO2 Units: The successful Proposer will provide, install and maintain a CO2 system for all fountain- dispensing units of a type that is mutually agreeable to Dining Services management. Successful Proposer will provide and deliver CO2 necessary to dispense fountain beverages at no cost for the life of the contract.
4.2.7 Bottled Beverage Usage History: Dining Services sells bottled water and a variety of bottled carbonated soft drinks, fruit punches, etc., in its campus locations. The combined usage rates of all locations, to include the WSSU Bookstore, for the various products are as follows:
Organization Fiscal Year Volume (In Cases) Food Service 2012-2013 12,717 Bookstore 2012-2013 462
4.2.8 Bottled Beverage Merchandising Equipment Requirement: All bottled beverages are dispensed from sliding or pull-open glass fronted merchandiser refrigerators in a self-service manner. The successful Proposer must supply, install and maintain refrigerated merchandisers. All merchandisers installed must be new and of state-of- the-art models, and must remain in a like new and market current condition throughout the life of the contract. All merchandisers must be of the size and type (single, double or triple; front or rear loader) that is appropriate to the location and that is acceptable to the University. Utilities provided will be 110 voltage and grounded 20 amp electrical service.
4.2.9 Refrigerated Merchandisers: There are 12 refrigerated merchandisers currently in use. All units provided must come equipped with all necessary features to dispense the intended product and all must meet the appropriate state and local health department codes. The Proposer will be expected to provide additional units as consumer demand warrants and as facility renovation or new construction warrants. These refrigerated merchandisers are located in the following venues:
• Gaines Gymnasium -2- Single Door
• Red Room -1- Single Door
• P.O.D -1- Single Door
• Bookstore -1- Double Door 23
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• RAMS Commons -2- Double Door
• Reaves Center -2- Double Door -1- Single Door -1- Counter Top
4.2.10 Bottled/Can Flavor Selection: Selection of all bottled beverage products offered will be matched to consumer preference and agreed upon by the University.
4.2.11 Current Product Costs: The following product cost information is present to enable the Proposers to assemble an attractive product cost proposal.
• Bag in A Box Carbonated Soft Drink Syrup $12.95 • 20 oz. Bottled Carbonated Soft Drinks $19.00
4.2.12 Mobile Carts: The University has a variety of functions that may require the Proposer provide mobile service at no additional cost to the University. In such cases, the Proposer shall provide bottle or can product, and cups in appropriate quantity to provide service to the number of anticipated customers. The University will be allowed up to 10 uses per year of above described fully stocked mobile pre-mix carts at no cost each year of the contract.
4.2.13 Equipment Service: All equipment and service shall be provided by the Proposer free of charge, within twenty-four-(24) hours of notification of issue, all parts included. Automatic monthly preventive maintenance adjustment on all machines shall be performed by the Proposer’s service personnel is required. The Proposer shall provide all parts that are needed to repair free of charge, with respect to any and all University dining operations providing three-(3) meals per day, repair of fountain equipment must occur before the next scheduled meal service.
4.2.14 Deliveries: The Proposer shall make daily product deliveries, including Saturdays and Sundays if needed. All deliveries shall arrive between 7:30 a.m. and 4:00 p.m. The Dining Services unit manager(s) shall be responsible for the inventory and verification of all daily deliveries.
4.2.15 Maintenance and Repair: The Proposer shall have designated maintenance technicians on call Monday through Friday and available on weekends if needed. The maintenance technicians must be capable of performing maintenance and repairs to all equipment and shall remain on the premises for a minimum of two hours to assure proper operation of all equipment without additional charge to the University.
4.2.15.1 In the event the repair and/or replacement of inoperable equipment cannot be made within twenty-four-(48) hours of notification of the issue, the Proposer shall pay a one hundred- ($100.00) per day penalty to the University to cover any inconvenience and lost revenue.
4.2.15.2 The Proposer shall provide the University and the Dining Services unit manager(s) a toll free number to call or accept long distance calls for required service.
4.2.16 Dining Services Marketing: The University and the Dining Services manager(s) shall work with the successful Proposer to constantly increase sales of vendor’s beverage products. As such, the
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Winston-Salem State U niversi ty RFP #WS14-006 successful Proposer is expected to routinely participate in joint marketing campaigns with the University and the Dining Services manager(s) by providing major contest prizes and promotional incentives at no cost, by discounting product costs from time to time to offer promotions and by providing banners and signage at no cost, and upon request, as well as provide complimentary branded labeled paper cups in all dining locations for special events, as mutually agreed upon by both parties. These are the minimum requirements expected of ways the Proposer will work with the University and the Dining Services manager(s) to promote product movement. Proposers are strongly encouraged to provide examples of other ways that their company will promote increased sales as part of Exhibit J: Vending and Dining Services Marketing Proposal.
4.2.17 Direct Purchases: At times, WSSU organizations such as food service, the bookstore or academic and administrative departments may have need for bulk purchases of product for “supply” use. WSSU Business Services accommodates these internal customers by serving as the liaison between the Proposer and the department. As such, WSSU shall be given a reduced pricing structure for these bulk purchases.
4.2.17.1 Bulk purchases (by the case) are also made by WSSU departments for large- scale special events where beverages are given free-of-charge to patrons. These purchases should also be given a reduced pricing structure. Consideration should also be given to donation of product for a limited number of special events each year. Proposers shall provide in the RFP response as part of Exhibit N: Financial Considerations, a price list of products available for purchase by the case for bulk purchases.
4.3 ATHLETICS DEPARTMENT PRODUCT AND SERVICE REQUIREMENTS
4.3.1 Introduction: The Athletic Program is a vital part of the University and is rich in history with former athletes who are household names. All 11 intercollegiate varsity programs compete against the finest competition in the nation in a competitive and even victorious manner. Over the last decade, the Rams have captured CIAA titles in football, baseball, men’s basketball, softball, women’s and men’s cross country, women’s indoor track and men’s tennis. The 2012 WSSU Rams football team competed in the NCAA DII National Championship game, and has made it to at least the second round of the NCAA playoffs in three consecutive seasons. The women's indoor track team produced one All-American in 2013-14.
Winston Salem State University’s homecoming celebration is one of the Triad’s largest tourist attractions. Thousands of Rams participate in the elaborate parade, football game and activities totaling millions of dollars in revenue for the City. A myriad of events are normally planned throughout the week. Homecoming lives up to its reputation consistently. Each year the game day crowd ranks among the most highly attended games nationally in the Division II Football Championship Series. The Rams annual homecoming shows, concert and activities attract some of the most popular names in entertainment.
The net proceeds from athletic concessions help to support many of the operational needs of the athletic department and the University as a whole. The University’s Business and Auxiliary Services Department is responsible for the oversight of athletic concessions. Currently, Aramark Higher Education and Duggins Concessions provides concession services booth management on behalf of Business and Auxiliary Services for Gaines Gymnasium, Bowman Gray Stadium and Civitan Park. Please note that Winston Salem State University is in the process of acquiring ownership of Bowman Gray Stadium. Effective January 1, 2016, the successful Proposer will assume the exclusive soft drink pouring and marketing rights for the stadium. The successful Proposer will provide soft drink sale service and support to include the installation and service of fountain dispensing equipment at both Bowman Gray Stadium and Gaines Gymnasium. The successful Proposer will also provide support to include all concessions variety booths, tents, beverage trailers, and portable kiosks during WSSU sporting and entertainment events, as mutually agreed upon by both parties. 25
Winston-Salem State U niversi ty RFP #WS14-006
4.3.2 Usage: Currently, bottled water, bottled beverages and fountain drinks are sold at athletic events.
Bottles and Soft Drink Mixture Usage per Location:
Location Fiscal Year Product # of Cases Sold
Gaines Gym 2013 Bottles 105
Bowman Gray 2013 Bottles and Mixture 489
4.3.3 Mobile Trailers: If required, provide mobile trailers for all special event requirements as needed.
4.3.4 Isotonic-Energy or Sports Drinks and Towels: The University will require that the Athletic Department be provided yearly side line supplies in the form of Isotonic Energy or Sports Drinks and towels for all University athletic sports teams. These drinks may be powder or liquid. In addition to the yearly side line athletic supplies, the Proposer will be required to provide financial support for all athletic summer sports camps.
4.3.5 Standby Service Personnel: The University will require on-call, and maybe at times, on-site repair/service personnel during all home football, men’s and women’s basketball games, and any other major special event (i.e. regional field and track events). The conditions for on-site personnel will be negotiated between the University and applicable vendor.
4.3.6 Site Preparation: All concession fountain dispensers will be sanitized, tested, and made operational no later than five-(5) working days prior to the first home event of each season.
4.3.7 Coordination: Coordination with the Concessions Services Management (i.e. the contracted Concessionaire) will be made to accomplish these tasks. The Concession Services Management will provide a schedule of all sporting events to the Proposer occurring at the University.
4.3.8 Concession Cups: The successful Proposer will provide all necessary soda drink souvenir cups for concession operations, to include one-size “Rams” specific cups. Standard cups sizes will be 20 oz. plastic and 32 oz. plastic. Cups should be of a thickness considered reusable souvenir cups. The beverage company and athletic logos shall be displayed on each cup in a pleasing design that has been approved by the University, along with any designated co-sponsor logos of companies as determined by WSSU Business Services and Athletics Departments.
The Proposer may purchase cups from a company of its choice. However, the vendor must be licensed by the University’s Logo Licensing Proposer as WSSU trademarks should be included in the cup design.
The Proposer shall work with the Concession Services Management to insure that the right number and sizes of cups, including lids, are ordered and received on-site no later than fifteen-(15) working business days prior to the first home football game.
4.3.9 Facilities: Concession booths at Gaines Gymnasium are not currently set-up to handle soft drink disperser units. However, the successful Proposer shall be requested to assist the University in the retro fit of the concession facilities (2 concession stands) with the equipment necessary for fountain beverage sales and distribution. The Proposer shall work with the Contract Administrator and University Engineering and Facilities to have the facilities ready for the first 2015-2016 basketball home game. 26
Winston-Salem State U niversi ty RFP #WS14-006
4.3.10 Sponsorship and Promotions: Each Proposer is asked to consider a sponsorship and promotion package that includes high-level exposure at all home football and basketball games. The successful Proposer will have presenting sponsor status and will be referred to as such in all event materials and promotions. Sponsorship and promotion package is valued at $20,000.00 per year, and does not include classic, homecoming, championship or CIAA tournament games. This proposal shall be a part of Exhibit N: Financial Considerations. Sponsorship and Promotion package shall include the following:
4.3.10.1 Signage: The successful Proposer shall receive extensive visibility at WSSU venues, the cost of production will be the responsibility of the Proposer. Venue signage is multi-level placed.
4.3.10.2 Recognition: The successful Proposer shall receive video board recognition, insert in game day program, logo recognition in all collateral materials promoting game (Winston- Salem Journal and the Winston-Salem Chronicle) and radio promotions on WTOB, WSNC, and WFSS as official game day sponsor.
4.3.10.3 Tickets: The Proposer will be given preferred seating for 20 tickets for each kick-off game event for each year of contract.
4.3.10.4 Program Acknowledgement: The Proposer shall be given advertising space in University athletic programs. The size and location of the space shall be coordinated with the Athletic Public Relations and Marketing Department.
4.3.10.5 P.A. Announcements: Football: Minimum of 4 per game, one per quarter.
4.3.10.6 Sponsorship of selected WSSU sporting events: The successful Proposer will have the first right of refusal for a paid sponsorship or selected sporting events at the University. Cost of the sponsorship will be determined by WSSU Athletics and Business and Auxiliary Services or designated sports marketing corporation.
4.3.10.7 Homecoming Game Sponsorship Opportunities: This provides exceptional recognition and acknowledgement opportunities for the best homecoming in the world. The Proposer will have the opportunity to select and purchase a Homecoming Game Sponsorship. Benefits include with this sponsorship are:
. Pubic address announcements as a game sponsor – 4 per game. . Radio mention as a game sponsor – 4 live mentions per game. . Invitation to Chancellor’s Suite for 8 . VIP Parking – 4
4.3.11 Advertising: The successful Proposer shall have the right to advertise the fact that its products are available at the University. However, this exclusivity agreement does not grant the Proposer a license or other right to duplicate or use the name, any image or intellectual property of the University in any manner other than as may be expressly approved in writing in connection with the performance of the contract and approved by the University Public Relations Department.
4.4 PERSONNEL:
4.4.1 Management: The Proposer shall provide headquarters management staff, made known to the University by name, to routinely review and inspect operations, fill staff vacancies if necessary; consult with 27
Winston-Salem State U niversi ty RFP #WS14-006 the University on current and future programs and opportunities that shall pertain to the contract. This individual(s) will serve in the company roles of President, Vice President and District Manager.
4.4.2 Account Manager: The Proposer shall provide during the life of the contract one (1) person at all times to serve as the day-to-day primary liaison for issues regarding the contract. This person must have the authority to make decisions on behalf of the Proposer. The University requests that the account manager assigned at the commencement of a contract remain for a minimum of twelve (12) months. This person will serve as the liaison between the University Contract Administrator and the Proposer. The University reserves the right for reasonable issues to request a change of the Account Manager at any time.
Any substitution of the Account Manager must be submitted in writing to the University for approval prior to the change. This person will work closely with the Contract Administrator and/or designee and serve as key contact for communication. This person may be required to visit the WSSU campus in person and as often as deemed necessary by the University during the term of the contract. This person should be identified in the RFP response as part of Exhibit B: Project Organization Proposal.
4.4.3 Staff: The Proposer shall provide personnel that are able to work on the beverage equipment. All Proposer personnel must follow the policies and procedures of the University in regards to parking, Ram Card, and background checks.
The Proposer shall be held responsible for the supervision and control of its employees and agents while on the premises of the University at all times. Personnel relations are the responsibility of the Proposer. The Proposer shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel. The University reserves the right to request the removal of any Proposer employee who fails to observe all policies and regulations of the University.
The Proposer shall not furnish free or discounted vended beverages to its employees, those of the University, or any customer as a direct operating expense with a reduction of vending sales and/or consideration.
4.4.4 Training: The Proposer shall have the resources and staff to provide continual training and development programs for its employees at all levels of the organization. This should be addressed as part of Exhibit B: Project Organization Proposal.
4.4.5 Uniform: All employees of the Proposer shall wear an approved uniform whole on duty at the University. This uniform shall be distinct and recognizable to University students, faculty, staff, and guests. This should be addressed as part of Exhibit B: Project Organization Proposal.
4.4.6 Parking: The University requires the Proposer to pay parking fees for vehicles used on campus in the service of the contract. Special permits are available without charge for delivery vehicles. Prices are subject to change without notice. The Parking Office is located on Cromartie Street across from Carolina Hall, in the Office of Public Safety. Telephone: (336) 750-2000, Hours: 7:30 a.m. – 5:00 p.m., Monday – Friday.
4.4.7 Employee Background Investigations: The Proposer shall conduct criminal background investigations on all personnel (management and non-management) assigned to perform services under this Agreement at the UNIVERSITY. These investigations shall include but not be limited to police records from local, state and national resources for a period of no less than five-(5) consecutive years. The Proposer shall submit a copy of the background checks for each person assigned to the UNIVERSITY immediately at any time upon request by the UNIVERSITY.
Failure to provide the documents may result in the immediate request of suspension or termination of the person by the UNIVERSITY.
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Winston-Salem State U niversi ty RFP #WS14-006 4.5 FISCAL CONSIDERATIONS AND ACCOUNTING REQUIREMENTS:
4.5.1 Records Retention and Inspection: The Proposer shall maintain complete and accurate records in accordance with accepted industry accounting practices and shall keep in a safe place all such financial records and statements pertaining to the operations of this institution for a period of five-(5) years from the close of each year’s operation. This shall include each vending transaction for each machine.
In addition to the Contract Administrator, the State Auditor and the University’s internal auditors shall have access to persons and records as a result of a contract entered into by the University, agents, or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the Proposer during the life of the contract to verify accounts and data affecting fees or performance).
4.5.2 Vending Collections/Meter Counts: Upon request a representative of the University may accompany the Proposer’s route employees when meter counts and money collections are made at a time that will be pre- determined and agreed to by the University. When accompanied by a University Contract Administrator, cash receipts collected from the equipment shall be jointly counted by the University and the route employee at a location and by means determined by the University and mutually agreed by the Proposer. Revenue discrepancies from the composite of these collections and reported on the period statement shall be explained by the Proposer in writing as part of such period statements.
The percentage on individual vending product categories or a minimum annual guaranteed total commission per year of one hundred-fifty thousand dollars ($150,000), whichever is greater is expected by the University. However, a Proposer may elect to propose a higher guarantee than the minimum specified. This proposal shall be a part of Exhibit N: Financial Considerations.
4.5.3 Inventory Records: The Proposer shall keep inventory control records for each machine indicating date product was added, product description, and the sale price. The Proposer shall make available any and all vending product inventory records to the University Contract Administrator for the purposes of periodic vending audit and to reconcile Proposer vending sales on a schedule to be mutually agreed by the University and the Proposer.
4.5.3.1 Product inventory, non-resettable meter readings and sales shall be recorded by machine at the time of each service occurrence. Inventory control records shall be retained in accordance to Section 7.1 of the Contract.
4.5.3.2 The Contactor shall provide to the Contract Administrator a vending machine sales report for each collection period which identifies as follows:
. Date and time of collection . Beginning and ending non resettable sales meter readings . Reported sales from the vending machine . Year to date sales by machine . Last year to date sales by machine . Commission by machine
4.5.3.3 The report shall subtotal sales by location.
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Winston-Salem State U niversi ty RFP #WS14-006 4.5.4 Refunds and test transaction amounts shall be deducted from vending commission statement gross sales item categories in which refund and tests occurred prior to computation of State and local sales tax and commissions due the University.
4.5.5 Vending Reports
4.5.5.1 Upon request, and as mutually agreed upon by both parties, the University shall request that the Proposer provide vending sales and commission reports for each collection period that provide the following information:
. Product code for the following individual categories (where applicable): . All Bottled Beverages Building location of machine(s) . Machine number . Selling price of products
. Date machine installed (separate report) and beginning meter readings . Date machine removed from service (separate report) . Designation of new or used machine at time of installation (separate report) . Gross and net sales and sales tax for each machine by location each period -Year-to-date gross and net sales and sales tax for each machine by location each period -Total commission for each machine by location for each period . Year-to-date commission for each machine by location each period . Refunds and tests for each item category . Required beginning and ending meter reading
4.5.5.2 The report shall be provided to the contract administrator or designee following the collection from any/all vending machines.
4.5.5.3 Prior to the start of the contract, the University and Proposer shall mutually agree on the report(s) format and contents to satisfy these requirements.
4.5.6 Vending Refund System:
A voucher refund system shall be required and shall involve dispersing of funds through authorized representatives of the University. The voucher system shall include a form supplied by the University to be filled out by the person making refund claim and shall include the following information: what machine, what happened, amount of loss, amount of refund, date, building, and who suffered the loss. The Proposer shall supply and maintain funds for the refunds to the satisfaction of the University. On a mutually agreed upon schedule the Proposer shall check with the designated University party to replenish funds. The University and the Proposer shall mutually determine the locations on-campus where refunds are administered and the maximum fund to be provided each location. The University shall provide refund instructions and RAM card signs for each machine. The University shall provide source documents to verify reported refunds.
4.5.7 Financial Considerations:
As WSSU’s commitment and initiative to create increased value with an exclusive beverage rights contract through the increased sale of Proposer’s beverages, the University recognizes and supports the benefit of providing exclusive beverage and soft drink right opportunities. In consideration of this exclusive commitment and support, the University requests appropriate compensation. All financial considerations shall be part of Exhibit N: Financial 30
Winston-Salem State U niversi ty RFP #WS14-006 Considerations. In the RFP response, Proposers should identify your best financial and creative commitment to support initiatives of the University during the life of the contract.
4.5.7.1 Signing Award: As a condition of this contract, Winston Salem State University is requesting that one- half of the financial consideration to be offered by the Proposer is in the form of a “signing award.” This award is to be paid no less than thirty-(30) days from the beginning of the contract.
4.5.7.2 Exclusivity Fee: For the exclusive promotional rights, exclusive product availability rights, as defined by the RFP, other rights described herein, the Proposer shall identify the financial and creative commitment for exclusivity for an initial minimum period of five (5) years, with options to extend for an additional one-three (3) year period, and one-two (2) year period, for a total possible contract period of (10) years. Installments are to be paid on or before July 1st of each year. The exclusivity fee will be separate from marketing and advertising strategies.
4.5.7.2.1 Use of Signing Award and Exclusivity Fee: It is the intention of WSSU to utilize any signing award and exclusivity fee received in support of it’s not for profit academic and athletic mission. This may include the establishment of a quasi-endowment for academic scholarships, athletic scholarships and any other University-related activity as authorized by the discretion of the University. Such funds will be deposited into the University Endowment Fund or the appropriate fund identified by the University.
4.5.7.3 Suite Ownership Rights: As a consideration of this contract, Winston Salem State University is requesting that the Proposer consider the commitment of ownership rights of a suite in the Bowman Gray Stadium press box for a minimum of three years. The cost of each suite is fifteen thousand ($15,000) per year and should be indicated in the Other line of Exhibit N: Financial Considerations Proposal Sheet.
4.5.7.4 Other: Proposers are strongly encouraged to propose additional financial support to programs, facilities or Opportunities requested in this RFP, (i.e. merit scholarship funds, annual University programming sponsorships, student paid internships, and/or awards to various other programs at the University) that could significantly enhance exposure and marketability for the successful Proposer.
4.5.7.5 Pricing Consideration: The prospective Proposer is to provide WSSU with a complete listing of all available soft drink products and flavors, and to offer it as a competitive price during the term of the contract. The Successful Proposer will notify the University Contract Administrator in writing on or before, April 1, 2016 and subsequent contract years by proposed product cost increases for deliveries effective July 1st. Such increases must be approved in writing by the University Contract Administrator. The Proposer shall use the U.S. Department of Labor, Consumer Price Index, All Urban Customers, US City Average, in determining percentage of increase requested. The Proposer shall not submit more than one price increase request per year, and price increase request shall not exceed CPI-U.
4.5.7.6 Vending Commission: The prospective Proposer shall annually guarantee a minimum payment to the University for vended beverage sales. The percentage on individual vending products or a minimum annual guarantee commission per year of one hundred fifty thousand dollars ($150,000.00), whichever is greater. The University will work with the successful Proposer to provide maximum opportunity for vended sales and is unable to guarantee case volumes.
5.0 INFORMATION ON SUBMITTING A PROPOSAL
5.1 Submitting the RFP: Each Proposer shall present the response in the format as provided below:
5.2.1 Executive Summary: This shall be a letter from the Proposer detailing its understanding of the 31
Winston-Salem State U niversi ty RFP #WS14-006 scope of services as outlined in the RFP.
5.2.2 Corporate Background and Experience: This section shall include background information on the firm. The Proposer should give details of experience with other higher education institutions on similar projects. In addition, this section should identify ownership of firm and any or current or past relationships with Winston Salem State University, employees, trustees, staff, etc. Response information for this section shall be provided under Exhibit A: Corporate Background and Experience.
5.2.3 Project Organization: This section must include the proposed staffing, deployment and organization of personnel to be assigned to this project. The Proposer must provide a resume for each person (executive, managerial, and professional personnel) to be assigned to this project, and identify the role, responsibility and tasks of each person. Response information for this section shall be provided under Exhibit B: Project Organization Proposal. In addition, the Proposer should include information about employee training.
5.2.4 Sub-Contracting/Outsourcing: In this section, the Proposer must detail the manner in which it intends to utilize other firms, resources or workers to perform the scope of work outlined in this RFP. The Proposer must document the relationship of the partnership, and clearly indicate the expected distribution of effort required from each source to support this project. Response information for this section shall be provided and labeled as Exhibit C: Sub-Contracting/Outsourcing.
5.2.4.1 In addition, the Proposer must detail the manner it intends to utilize firms, resources, or workers located outside of the United States. Winston Salem State University will need to evaluate the additional risks, costs and other factors associated with such utilization to make the award for this proposal as to be in the best interest of the University and the State.
5.2.4.2 For any proposed or actual utilization or contract performance outside of the United States, the Proposer’s proposal must include:
. The location of work performed under a state contract by the Proposer, any subcontractors, employees, or other persons performing the contract.
. The corporate structure and location of corporate employees and activities of the Proposers, its affiliates or any subcontractors.
5.2.4.3 The University may initiate proceedings by the State to debar a Proposer from participation in the bid process and from contract award as authorized by North Carolina law, if it is determined that the Proposer has refused to disclose or has falsified any information provided herein.
5.2.5 Operations Plan: In this section, the Proposer must provide in a detailed narrative, outline, and/or graph form the firm’s approach to accomplishing the tasks outlined herein of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included. The Proposer must address each area of the Scope of Work, and address the questions below. The Proposer should present a clear and concise response, including but not limited to a detailed project management plan. Response information for this section shall be provided and labeled as Exhibit D: Operations Plan Proposal.
5.2.6 Quality of Equipment and Service: Proposer shall address the below items:
5.2.6.1 Ability to meet such equipment needs, including Proposer’s willingness to use its best efforts to provide equipment that effectively operates in conjunction with overall Venues;
. The manufacturer, model numbers, and year manufactured for each piece of equipment that
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Winston-Salem State U niversi ty RFP #WS14-006 will be provided by Proposer;
. For review purposes, the list price for each piece of equipment that will be provided by Proposer;
. The useful life for each piece of equipment that will be provided by Proposer; and
. The depreciation schedule for each piece of equipment that will be provided by Proposer;
. At the beginning of the Contract, provide the beginning on resettable sales reading for each machine;
. Attach a separate sheet(s) indicating: a proposed timetable during the life of the contract for replacing the equipment to ensure that the University venues continually operate with state of the art equipment. This should include debit card readers to comply with the latest technology. This shall be included as Exhibit O: Replacement of Equipment Timetable.
5.2.7 Maintenance and Repair Service that covers the following:
. Cleaning and flushing post-mix beverage equipment; . 24 hour, 7 day per week, toll free telephone number for equipment support service; . Repair or replace any fountain or vending equipment within 24 hours’ notice; . 24 hour, 7 day per week, toll free telephone number for emergency repair services; . Respond to emergency repairs within 2 hours of notification. . Describe your service department, staff qualifications, experience and staff that will be assigned to work directly with WSSU. This shall be included as Exhibit I: Vending and Dining Services Maintenance and Repair Service Proposal.
5.2.8 Marketing and Advertising Strategies
. Identify the marketing staff or other corporate marketing assistance, including advertising campaigns or other support materials that may assist the University in stimulating sales, and the promotion of various products (i.e. – sampling new products, promotional campaigns, etc.).
. Describe who would provide marketing support, assistance and guidance for the University.
. Describe your vision of how marketing will help the University maximize overall sales.
. Describe in proposal offering additional support in the sponsorship of events, banners for special events, seasonal promotions, T-shirts, and electronic message boards, Athletic posters and schedule cards.
. What strategies would be proposed in the first year and the following years of the Contract?
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Winston-Salem State U niversi ty RFP #WS14-006 5.2.9 References: In this section, the Proposer shall provide information that will allow the University to contact firms to assist in the evaluation process. The Proposer shall provide the information based on past and current relationships with a total of four-(4) contacts with at least two-(2) being institutions of higher learner where the Proposer provided similar services. Response information for this section of the RFP shall be provided as Exhibit E: Reference Information.
5.2.10 Certificates/Licenses/Accreditations: The Proposer should provide a copy of any certificates and/or licenses that are required to provide services. This information must be submitted as Exhibit F: Certificates/Licenses/Accreditations.
5.2.11 Historically Underutilized Business Certification (“HUB”): This section is to inform the University of a firm’s Certification as a HUB Proposer. In addition WSSU encourages the use of HUB suppliers by prime Proposers where possible. Describe in detail a plan in which your firm will utilize HUB suppliers (sub- Proposers, suppliers.) to support providing the scope of services to the University. Complete the information on Exhibit G: HUB Certification and Business Plan.
5.2.12 Proposal Execution: The Execution certifies that the information submitted is accurate and the Proposer understands the specifications including the terms and conditions. This information on Exhibit H: Proposal Execution
5.2.13 Vendor Equipment Proposal and Maintenance: This proposal should describe the equipment that will be used in current and future vending locations of campus as per Appendix A. In addition the firm should describe in detail the maintenance program that specifies equipment and parts on- hand to meet emergencies and routine maintenance and repair issues that may arise during the life of the contract. This information should be in Exhibit I: Vendor and Dining Services Equipment Maintenance and Repair Proposal
5.2.14 Vending and Dining Beverage Marketing Proposal: The firm should provide in detail a creativity and comprehensive program to increase beverage sales through suggested marketing and merchandising. This information should be in Exhibit J: Vending and Dining Services Marketing Proposal.
5.2.15 Sample Reports: The firm should attach or provide samples in the format and information currently available by the Proposer. This information should be in Exhibit K: Sample Reports.
5.2.16 Recycling Program Plan: The firm shall provide a detailed plan of the Proposer’s current or a proposed recycling program. This information should be in Exhibit M: Recycling Program Plan.
5.2.17 Financial Consideration Proposal: The Financial Consideration Proposal should include the firm’s ability to provide a financial arrangement that offers the best return for the exclusivity and opportunities to the University. The proposal should include the willingness and ability to furnish equipment and sponsorships to assist in broadening the University’s objectives. This information should be on Exhibit N: Financial Consideration Proposal.
6.0 Contract Requirements
6.1 Contract Period: Any contract resulting from this proposal shall be effective from July 1, 2015 and shall run for five (5) consecutive years from that date. The contract will run for a total period not to exceed five (5) consecutive years, with options to extend for one-three (3) year period and one-two (2) year period.
6.2 Contract Addendums: WSSU may require changes in the scope of services of the Proposer to be performed under the contract. Such changes, including any increase or decrease in the amount of the price, which are mutually agreed upon by and between the Proposer and WSSU shall be considered as contract 34
Winston-Salem State U niversi ty RFP #WS14-006 modifications and will require Office of Legal Affairs approval. WSSU Purchasing Department shall be notified when a contract modification is needed. The Proposer shall be responsible for all taxes (federal, state, and local) and license fees, or any other necessary expenses to the performance of this contract.
6.3 Contract Termination: The contract may be terminated by either party on the anniversary of the effective date in any subsequent year of the contract, if either party provides the other party with written notice one hundred and eighty (180) days prior to such anniversary date.
6.3.1 The University may cancel this contract for breach, as determined by the University, for failure to comply with the terms and conditions of the contract. This may include any cessation or diminution of service including but not limited to failure to maintain adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the Proposer which in the opinion of the University is not in its best interest.
6.3.2 The University shall provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the contract by giving sixty (60) days’ notice in writing by registered or certified mail of its intention to cancel this contract.
6.3.3 Should the University breach any terms or provisions of this contract, the Proposer shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the Proposer may cancel the contract by giving sixty (60) days’ notice, in writing, by registered or certified mail of its intention to cancel this contract.
6.3.4 The University may discontinue this Contract, in whole or in part, without penalty at any time due to non-appropriation of funds.
6.3.5 If the Proposer fails to maintain and keep in force required insurance, the University shall have the right to cancel and terminate the contract without notice.
6.4 Contract Administrator: The Assistant Vice Chancellor for Business Service or a designee shall be responsible for managing the contract. The contract administrator shall be responsible for ensuring that the Proposer is providing the scope of work covered in the RFP. This individual shall serve as the liaison between the Proposer and Winston Salem State University.
The Contract Administrator shall be required to provide in writing to the Proposer signature approval of completion of any deliverables (including milestones) that are required to provide services for this project.
6.5 Account Manager: The Proposer shall provide during the life of the contract one (1) person at all times to serve as the day-to-day primary liaison for issues regarding the contract. This person must have the authority to make decisions on behalf of the Proposer. The University requests that the account manager assigned at the commencement of a contract remain for a minimum of twelve (12) months. This person will serve as the liaison between the University Contract Administrator and the Proposer. The University reserves the right for reasonable issues to request a change of the Account Manager at any time. Any substitution of the Account Manager must be submitted in writing to the University for approval prior to the change. This person will work closely with the Winston Salem State University Business Services Department, and serve as key contact for communication. This person may be required to visit WSSU campus in person and as often as deemed 35
Winston-Salem State U niversi ty RFP #WS14-006 necessary by the University during the term of the contract.
6.6 Audit
6.6.1 Cash collections reports, route inventory cards, and reported sales shall be audited on regular schedule, as determined by the University, to verify the Proposer’s inventory control and reported commissions.
6.6.2 Periodic reviews, conducted jointly by representatives of the University and the Proposer shall be made to ensure that commissions and guaranteed payments, pricing structure and other phases of the operation are conducted in the most efficient and financially sound basis.
6.6.3 All records pertaining to the operations of vending beverage service shall be open for inspection and/or audit by Winston Salem State University at any or all reasonable times.
6.3.4 Winston Salem State University shall be advised by the Proposer of the schedule of the Proposer’s audit of their records and operations at the University. The University shall have the option to participate in the Proposer’s audits and may request a full report of these audits.
6.7 Annual Meeting
st 6.7.1 Annually between July 1 and June 30th, representatives of the University and the Proposer shall meet to review the financial reports, operations, promotions, marketing, and other plans or adjustments required for the upcoming year.
These expenses can only be reported to the extent that they relate to your business with the University. The percentage of the expense you can report is determined by the amount of your University sales as it relates to your total sales volume. Per the terms of the contract you should actively pursue directing business towards these types of companies, and report your efforts in this regard on a semi-annual basis.
6.8 Vending Vandalism or Theft
Vending commissions shall not be paid on the Proposer’s revenue losses resulting from vandalism or theft of money or product from vending equipment at the University. The University shall receive commissions on any funds recovered.
6.9 Commission and Payments
6.9.1 Vending Commission Payments: Debit (Ram Card) card vending service shall result in a charge by the Proposer to the University for the Ram Card sales. The University shall pay to the Proposer the amount of debit card gross sales as reconciled to the machine meter readings and Cbord transaction system data. The monthly payment shall be paid to the Proposer no later than the last day of the month following the monthly sales collection period. When billing the University, the Proposer will include a report with a detailed explanation of dollar sales by each machine, by location. Causes of abnormal revenue deviations shall be noted by the Proposer as part of these statements. The University shall remit payment in accordance with prompt payment policy guidelines.
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Winston-Salem State U niversi ty RFP #WS14-006
6.9.2 The Proposer shall pay the University the commission percentage of each period on (gross sales less State and Local Sales Tax) vending sales on or before the 15th day of the period following the last day of the period in which commissions were earned, and shall accompany this payment with a detailed explanation of dollar sales by item category, by location, by each vendor, and an extension of commissions and a composite statement of said sales and commissions. Causes of abnormal revenue deviations shall be noted by the Proposer as part of these statements.
6.9.3 The University requires a minimum of twelve (12) monthly revenue and commission statements annually, including periods of reduced revenues.
6.9.4 All period commission statements and payments shall be sent to the University. Vending commissions’ payments not received by the University on the 15th day following the last day of the period in which it was earned shall be paid by the Proposer.
6.9.5 All period commission statements and payments should be sent to the Contract Administrator, Eller Hall Rm. 214, 601 S. Martin Luther King, Jr. Drive, Winston Salem State University, Winston-Salem, North Carolina, 27110.
6.9.6 Guaranteed Payments
6.9.6.1: One year from the new effective date of this contract, and each full year thereafter during the life of the contract, the Proposer shall pay the University that portion of commissions due, if any, to equal the guaranteed annual commission required in this contract. Payments shall be made by the 15th day of the following accounting period in which they were earned and recorded as commissions paid in the year the guarantee was due.
6.9.6.2: On expiration or termination of this contract, partial year guarantee commissions due, if any, shall be determined by dividing the prior year commissions earned through the date of termination by the prior contract year total commission or guarantee received, whichever is greater. Multiply the resulting percent prorated commission received the prior year by the annual guarantee required per Proposal submittal. If the resulting prorated guarantee is greater than the commissions received to date of termination, any balance due shall be paid the University by the 15th day of the following accounting period.
6.9.6.3: The University has established the annual guarantee at a level sufficient to ensure the quality and service standards specified are maintained. However, in the event the University requires the Proposer to remove equipment from a location or locations which reduce annual commission payments below the guarantee, the Proposer may request a reduction of the guarantee in the amount equal to the commission generated at that location(s) during the prior twelve month period. Increased commissions generated as a result of added locations during the term of the contract shall be used to offset the amount of annual guarantee reduction. Guarantee adjustments require prior approval of Procurement Services Office and amending to the contract.
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Winston-Salem State U niversi ty RFP #WS14-006
6.9.7 Vending Equipment Removal Commissions
On expiration or termination of this contract, vending commissions due the University shall be paid on sales until all equipment has been removed, and the removal date shall be indicated on the period statement when each piece of equipment was removed, including equipment removed at any time during the contract period prior to expiration.
6.9.8 Vending Statement Review
On request of the University the Proposer shall meet with the University and review each period statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Period statement adjustments required as a result of review and/or audit shall be identified and reflected on the next period statement.
6.9.10 Fixed Price Period
All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for one hundred –eighty-(180) calendar days starting on the due date for proposals.
6.9.11 Product Pricing
6.9.11.1 Product prices quoted herein shall be firm for one (1) year. Thereafter, price adjustments may be made at twelve (12) month intervals not to exceed the Consumer Price Index (CPI).
6.9.11.2 Price change proposals must be submitted not less than ninety (90) days prior to the beginning of the twelve (12) month period in which they are to be effective. The price change Proposals must be supported by documented increases in the cost to the Proposer which are demonstrated to be industry wide. The documentation may include, but not limited to, Consumer Price Index. The base index shall be the index average for the month prior to the time this contract is awarded.
6.9.11.3 Price change proposals must be submitted to the contract administrator. If approved, a contract amendment incorporating the new prices will be issued by the University Purchasing Office. Failure to agree on a price change shall be grounds for termination of the contract in accordance with the Termination Clause.
6.9.12 North Carolina General Contract Terms and Conditions
6.9.12.1 Governing Law: The contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.
6.9.12.2 Situs: The place of this contract, its situs and forum, shall be Forsyth County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.
6.9.12.3 Subcontracting: Work proposed to be performed under this contract by the Supplier or its employees shall not be subcontracted without prior written approval of the WSSU’s Contract Administrator. Acceptance of a Proposer’s proposal shall include any sub- 38
Winston-Salem State U niversi ty RFP #WS14-006 Supplier(s) specified therein.
6.9.12.4 Performance and Default: If, through any cause, the Supplier shall fail to fulfill in timely and proper manner the obligations under this agreement, the WSSU contract administrator shall thereupon, have the right to terminate this contract by giving written notice to the Supplier and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Supplier shall, at the option of the WSSU Contract Administrator, become its property, and the Supplier shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Supplier shall not be relieved of liability to WSSU for damages sustained by WSSU by virtue of any breach of this agreement, and WSSU may withhold any payment due the Supplier for the purpose of setoff until such time as the exact amount of damages due WSSU from such breach can be determined.
In case of default by the Supplier, the WSSU may procure the services from other sources and hold the Supplier responsible for any excess cost occasioned thereby. WSSU reserves the right to require performance bond or other acceptable alternative guarantees from successful Proposer without expense to WSSU.
In addition, in the event of default by the Supplier under this contract, WSSUmay immediately cease doing business with the Supplier, immediately terminate for cause all existing contracts WSSU has with the Supplier, and de-bars the Supplier from doing future business with WSSU.
Upon the Supplier filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Supplier, WSSU may immediately terminate, for cause, this contract and all other existing contracts the Supplier has with WSSU, and de-bar the Supplier from doing future business.
Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
6.9.12.5 Availability of Funds: Any and all payments to the Supplier are dependent upon and subject to the availability of funds to the WSSU for the purpose set forth in this agreement.
6.9.12.6 Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Supplier under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the WSSU.
6.9.12.7 Care of Property: The Supplier agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this contract or purchased by it for this contract and will reimburse WSSU for loss of damage of such property.
6.9.12.8 Copyright: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Supplier.
6.9.12.9 Access To Persons And Records: The State Auditor and WSSU’s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the Proposer during the term of the contract to verify accounts and data affecting fees 39
Winston-Salem State U niversi ty RFP #WS14-006 or performance).
6.9.12.10 Assignment: No assignment of the Supplier’s obligations or the Supplier’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, WSSU may:
a. Forward the Supplier’s payment check(s) directly to any person or entity designated by the Supplier, or
b. Include any person or entity designated by Supplier as a joint payee on the Supplier’s payment check(s).
In no event shall such approval and action obligate WSSU to anyone other than the Supplier and the Supplier shall remain responsible for fulfillment of all contract obligations.
6.9.12.11 Compliance With Laws: The Supplier shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, WSSU, and local agencies having jurisdiction and/or authority.
6.9.12.12 Affirmative Action: The Supplier shall take affirmative action in complying with all Federal and State requirements, as they may be amended from time to time, concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, gender, sexual orientation, gender identity, national origin, or disability.
6.9.12.13 Insurance: During the term of the contract, the Proposer at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Proposer shall provide and maintain the following coverage and limits:
a. Worker’s Compensation - The Proposer shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of Proposer’s employees who are engaged in any work under the contract. If any work is subcontracted, the Proposer shall require the subcontractor to provide the same coverage for any of its employees engaged in any work under the contract.
b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.
c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment.
Providing and maintaining adequate insurance coverage is a material obligation of the Proposer and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Proposer shall at all times comply with the terms of such insurance policies, and all 40
Winston-Salem State U niversi ty RFP #WS14-006 requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Proposer shall not be interpreted as limiting the Proposer’s liability and obligations under the contract
6.9.12.14 Entire Agreement: This contract and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This Request for Proposals, any addenda thereto, and the Proposer’s proposal are incorporated herein by reference as though set forth verbatim.
All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.
6.9.12.15 Taxes: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with Proposers if the Proposer or its affiliates meet one of the conditions of G. S. 105- 164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Proposer and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document, the Proposer certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
6.9.12.16 Year 2015 Compliance/Warranty: Proposer shall ensure the product(s) and service(s) furnished pursuant to this agreement (“product” shall include, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) which perform any date and/or time data recognition function, calculation, or sequencing, will support a four digit year format, and will provide accurate date/time data and leap year calculations on and after December 31, 2015, at the same level of functionality for which originally acquired without additional cost to the user. This warranty shall survive termination or expiration of the agreement.
6.9.12.17 General Indemnity: The Supplier shall hold and save WSSU, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Supplier in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Supplier provided that the Supplier is notified in writing within 30 days that WSSU has knowledge of such claims. The Supplier represents and warrants that it shall make no claim of any kind or nature against WSSU’s agents who are involved in the delivery or processing of Supplier goods to WSSU. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.
6.9.12.18 By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133- 32, it is unlawful for any Proposer or Proposer ( i.e. architect, Proposer, Proposer, construction manager, design professional, engineer, landlord, Proposer, seller, subcontractor, supplier, or Proposer), to make gifts or to give favors to any State employee of the Governor’s Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those Proposers and Proposers who:
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Winston-Salem State U niversi ty RFP #WS14-006 (1) have a contract with a governmental agency; or
(2) have performed under such a contract within the past year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific requirements and exemptions, Proposers and sub- Proposers are encouraged to review Executive Order 24 and G.S. Sec. 133-32.
Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Proposers and Proposers should contact other State Agencies to determine if those agencies have adopted Executive Order 24.
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Winston-Salem State U niversi ty RFP #WS14-006
EXHIBIT A: CORPORATE BACKGROUND AND EXPEREINCE
This section must include background information on the organization and must give the number of years with details on experience with similar projects for higher education institutions. Please refer to section 5.2.2 for further disclosure requirements.
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston-Salem State U niversi ty RFP #WS14-006
EXHIBIT B: PROJECT ORGANIZATION PROPOSAL
This section must include the proposed staffing, and deployment of personnel to be assigned to this project.
(Please attach resumes, identify roles and detail tasks of each person)
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP #
EXHIBIT C: SUB-CONTRACTING / OUTSOURCING
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
Where Service Contracts Will Be Performed In accordance with NC General Statute 143-59.4 (Session Law 2005-169), this form is to be completed and submitted with the Proposer’s (technical) proposal/bid.
Issuing Agency: Winston Salem State University Solicitation #
Agency Contact Person & phone #: Andrea Thompson (336) 750-8894
Solicitation Title/Type of Services: Exclusive Soft Drink Pouring and Vending Rights Agreement
PROPOSER NAME:
City & State:
Location(s) from which services will be performed by the Proposer:
Service City/Province/State Country
Location(s) from which services are anticipated to be performed outside the U.S. by the Proposer:
Location(s) from which services will be performed by subcontractor(s):
Service Subcontractor City/Province/State Country
Location(s) from which services are anticipated to be performed outside the U.S. by the subcontractor(s):
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Winston Salem State University RFP #
EXHIBIT D: OPERATIONS PLAN PROPOSAL
This section must address, in a detailed narrative format how the firm will provide, manage and accomplish the services to the University based on the scope of services described in the RFP.
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP #
EXHIBIT E: REFERENCE INFORMATION
This section must include a list of four (4) current companies with at least two-(2) being institutions of higher learner where your firm is providing similar services and a list of four (4) past companies where your firm has provided similar services.
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
Current Clients: (Provide a minimum of four, identify any agency of the State of North Carolina that services are being provided).
Company Name Contact Name Telephone Email Services Length Number Rendered of Address Service
1.
2.
3.
4.
Former Clients: (Provide a minimum of four; identify any agency of the State of North Carolina that services were provided).
Company Name Contact Name Telephone Email Services Length Number Rendered of Address Service
1.
2.
3.
4.
Provide a brief summary for each former client named above, explaining the reason that your company is no longer providing the services. If a contract was terminated by either you or the client, please provide the reason for the termination.
Client Name:
Explanation:
Client Name:
Explanation:
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Winston Salem State University RFP #
EXHIBIT F: CERTIFICATES/ LICENSES/ACCREDITATIONS
Attach copies of licenses required to perform the services set forth in the RFP.
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP #
EXHIBIT G: HISTORICALLY UNDERUTILIZED BUSINESS
Winston Salem State University actively supports doing business with historically underutilized suppliers.
If the firm is/is not designated HUB, attach additional information as to how other HUB Proposers shall be utilized in support of this project.
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
Indicate whether any of the following apply to your company/firm:
Minority-owned business: Yes No
(Note: Minority definition is any business with at least 51% of the business owned and controlled by minority group members)
Please indicate the specific minority group:
African American
Hispanic (Mexican, Puerto Rican, Cuban, Caribbean Island, Central of South American,
or other Spanish origin (regardless of race).
Asian (including Pacific Islander)
American Indian (including Alaska native)
Woman-owned: (Note: Women-owned definition is any business with at least 51% of the business owned and controlled by women. Yes No
Disabled-owned: (Note: Disabled-owned definition is any business with at least 51% of the business owned and Controlled by a physically or mentally impaired person. Yes No
List Disability:
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Winston Salem State University RFP # EXHIBIT H: PROPOSAL EXECUTION THIS PAGE MUST BE SIGNED AND INCLUDED IN YOUR PROPOSAL. (Unsigned proposals will not be considered)
The potential Proposer certifies the following by placing an “X” in all blank spaces:
That this proposal is signed by an authorized representative of the firm.
That the potential Proposer can obtain insurance certificates as required within 10 calendar days after notice of award.
The cost and availability of all, equipment, materials, and supplies associated with performing the services described herein have been determined and included in the proposed cost.
That all labor costs, associated with this project both direct and indirect, have been determined and included in the proposed cost.
That the potential Proposer has read and understands the conditions set forth in this RFP and agrees to them with no exceptions.
That, the potential Proposer has attended the pre-proposal teleconference and is aware of the prevailing conditions associated with performing these services.
That the potential Proposer had the opportunity to ask questions and received a response to the question(s).
That the proposal is submitted competitively and without collusion, that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violation of Chapter 78A of the General Statues, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible Proposer as set forth in G.S. 143- 59.1. False certification is a Class I Felony,
Therefore, in compliance with this Request for Proposals, and subject to all conditions herein, the undersigned offers and agrees, if this proposal is accepted within 120 days from the date of the opening, to furnish the subject services for a cost not to exceed the amount on the Financial Consideration Proposal Sheets.
PROPOSER: ADDRESS: CITY, STATE, ZIP: TELEPHONE NUMBER: FAX:
E-MAIL:
Principal Place of Business if different from above (See General Information on Submitting Proposals, Item 18.):
Will any of the work under this contract be performed outside the United States? Yes No (If yes, describe in technical proposal.)
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Winston Salem State University RFP # EXHIBIT H: PROPOSAL EXECUTION
N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. BY: TITLE: DATE: (Signature)
(Printed name)
ACCEPTANCE OF PROPOSAL: This space is for use by Winston Salem State University Purchasing Department. (Winston Salem State University) BY: TITLE: DATE:
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Winston Salem State University RFP #
EXHIBIT I: VENDING and DINING SERVICES EQUIPMENT and MAINTENANCE PROPOSAL
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP #
EXHIBIT J: VENDING and DINING SERVICES MARKETING PROPOSAL
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP #
EXHIBIT K: SAMPLE REPORTS
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP # EXHIBIT L: CURRENT EQUIPMENT and SALES INFORMATION by LOCATION
Campus Drink Equipment Current Quantity Cases # Per Total Sales Location Size Type Price of Sold Case Per Machines Location Anderson Center 20 oz. Bottle $1.25 1 70 24 $2,100.00 Anderson Center 20 oz. Bottle $1.25 1 37 24 $1,110.00 Atkins Res. Hall 20 oz. Bottle $1.25 1 66 24 $1,980.00 Atkins Res. Hall 20 oz. CSD $1.25 1 87 24 $2,610.00 Atkins Res. Hall 20 oz. NCB $1.25 1 102 24 $3,060.00
Atkins Res. 20 oz. GFV $1.25 1 179 24 $5,370.00 Hall Anderson Center 20 oz. Bottle $1.25 1 14 24 $420.00
Blair Hall 20 oz. Bottle $1.25 1 13 24 $390.00
Brown Hall 20 oz. GA $1.25 1 16 24 $480.00 Brown Hall 20 oz. Bottle $1.25 1 46 24 $1,380.00
Brown Hall 20 oz. GFV $1.25 1 49 24 $1,470.00
Atkins 20 oz. CSD $1.25 1 72 24 $2,160.00 Nursing Atkins 20 oz. GFV $1.25 1 73 24 $2,190.00 Nursing 20 oz. NCB $1.25 1 13 24 $390.00 Carolina Hall 20 oz. CSD $1.25 1 42 24 $1260.00 Carolina Hall Dillard Hall 20 oz. Bottle $1.25 1 29 24 $870.00
Dillard Hall 20 oz. GFV $1.25 1 70 24 $2,100.00
20 0z. CSD $1.25 1 49 24 $1,470.00 Eller Hall
Eller Hall 20 oz. NCB $1.25 1 23 24 $690.00
Child Care 20 0z. Bottle $1.25 1 12 24 $360.00 Center
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Winston Salem State University RFP # 20 0z. Bottle $1.25 1 87 24 $2,610.00 Coltrane Hall Computer 20 0z. Bottle $1.25 1 45 24 $1,350.00 Science 1st FL.
Computer 20 oz. Bottle $1.25 1 15 24 $450.00 Science 3rd FL.
Computer 20 oz. Bottle $1.25 1 13 24 $390.00 Science 4th FL.
Facilities 20 oz. Bottle $1.25 1 7 24 $210.00 Dept.
Foundation 20 oz. Bottle $1.25 1 44 24 $1,320.00 HTS. 2201
Foundation 20 oz. CSD $1.25 1 57 24 $1,710.00 HTS. 2201
Foundation 20 oz. Bottle $1.25 1 13 24 #390.00 HTS. 2103
Foundation 20 oz. Bottle $1.25 1 50 24 $1,500.00 HTS. 3215
Foundation 20 oz. GFV $1.25 1 176 24 $5,280.00 HTS.
Fitness Center 20 oz. Bottle $1.25 1 3 24 $90.00 1st FL.
Fitness Center 20 oz. Bottle $1.25 1 6 24 $180.00 2nd FL.
Admin. 20 oz. Bottle $1.25 1 8 24 $240.00 Kitchen
Fine Arts 20 oz. CSD $1.25 1 31 24 $930.00
Fine Arts 20 oz. NCB $1.25 1 39 24 $1,170.00
20 oz. GAT $1.25 1 18 24 $540.00 GHT 1st. FL GHT 2nd. 20 oz. Bottle $1.25 1 45 24 $720.00
GHT 2nd 20 oz. Bottle $1.25 1 24 24 1,350.00
20 oz. Bottle $1.25 1 31 24 $930.00 GHT 3rd
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Winston Salem State University RFP # GHT 20 oz. Bottle $1.25 1 20 24 $600.00
GHT 20 oz. Bottle $1.25 1 22 24 $660.00
GHT 20 oz. Bottle $1.25 1 108 24 $3,240.00
Gaines Gym 20 oz. GAT $1.25 1 4 24 $120.00
Gaines Gym 20 oz. CSD $1.25 1 46 24 $1,380.00 1st FL
Gaines Gym 20 oz. NCB $1.25 1 41 24 $1,230.00 2nd FL
Hall Patterson 20 oz. GFV $1.25 1 88 24 $2,640.00 2nd FL
Hall Patterson 20 oz. Bottle $1.25 1 23 24 $690.00 2nd FL
GHT 20 oz. GFV $1.25 1 58 24 $1,740.00
Hauser 20 oz. GFV $1.25 1 16 24 $480.00
Hauser 20 oz. Bottle $1.25 1 33 24 $990.00
Library 2nd 20 oz. Bottle $1.25 1 73 24 $2,190.00 FL
Old Nursing 20 oz. NCB $1.25 1 5 24 $150.00
Physical Plant 20 oz. Bottle $1.25 1 126 24 $3,780.00
Purchasing 20 oz. Bottle $1.25 1 22 24 $660.00 Dept.
Purchasing 20 oz. Bottle` $1.25 1 7 24 $210.00 Break Rm.
Ray Health 20 oz. Bottle $1.25 1 24 24 $720.00 Bldg.
RJR Lower 20 oz. Bottle $1.25 1 118 24 $3,540.00
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Winston Salem State University RFP # Thompson 20 oz. GFV $1.25 1 61 24 $1,830.00 CTR
Whitaker 20 oz. Bottle $1.25 1 12 24 $360.00 Gym
Wilson Hall 20 oz. CSD $1.25 1 139 24 $4,170.00
Wilson Hall 20 oz. GFV $1.25 1 190 24 $5,700.00
Wilson Hall 20 oz. GA $1.25 1 6 24 $180.00
Moore Hall 20 oz. Bottle $1.25 1 24 24 $720.00 GRD
Moore Hall 20 oz. NCB $1.25 1 26 24 $780.00
Rams 1-1st FL 20 oz. Bottle $1.25 1 41 24 $1,230.00
Rams 1- 3rd 20 oz. Bottle $1.25 1 23 24 $690.00 FL
Rams 2-1st FL 20 oz. Bottle $1.25 1 35 24 $1,050.00
Rams 2-3rd FL 20 oz. Bottle $1.25 1 15 24 $450.00
Rams 3-3rd FL 20 oz. Bottle $1.25 1 25 24 $750.00
Rams 4 – 1st 20 oz. Bottle $1.25 1 6 24 $180.00 FL
Rams 4-4th FL 20 oz. Bottle $1.25 1 5 24 $150.00
RJR 20 oz. CSD $1.25 1 38 24 $1,140.00
RJR 20 oz. NCB $1.25 1 34 24 $1,020.00
Wilson 3rd FL 20 oz. CSD $1.25 1 36 24 $1,080.00
Rams 3-1st FL 20 oz. Bottle $1.25 1 12 24 $360.00
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Winston Salem State University RFP # Thompson 20 oz. Bottle $1.25 1 16 24 $480.00 Bldg. 3rd FL
Thompson 20 oz. CSD $1.25 1 29 24 $870.00 Bldg.
Thompson 20 oz. GAT $1.25 1 7 24 $210.00 Bldg.
Total Total Machines Cases Total Sales
74 1614 $100,380.00
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Winston Salem State University RFP # EXHIBIT M: RECYCLING PLAN PROPOSAL
THIS EXHIBIT MUST BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP # EXHIBIT N: FINANCIAL CONSIDERATIONS PROPOSAL SHEET
THIS EXHIBIT IS REQUIRED TO BE SUBMITTED WITH THE RFP RESPONSE
Based on your firm’s projection to perform the services as outlined in the RFP, and provide financial support to the University for the entire contract. There are seven areas that information is requested. Please put a “0” if you are not providing a response.
I. Signing Award: Please identify the amount of signing award: $
II. Exclusivity Fee: This is for the exclusive product availability rights as defined by the RFP. Please identify the firm’s financial and creative commitment for exclusivity initiatives for a five (5) year period. (Installments to be paid on or before July 1st of each year.)
Year 1: $
Year 2: $
Year 3: $
Year 4: $
Year 5: $
III. Vending Commissions: Please identify the percentage on individual vending products or an annual guarantee commission per year (minimum annual guarantee amount of one hundred fifty thousand dollars ($150,000.00), whichever is greater
Type Package/Size (oz.) Based on Proposed Commission Annual Guarantee Vending Price* Percentage Rate Dollar Amount
CSD (Bottled) % $ NCB (Bottled) % $
*Note: The ultimate vending price will be established by the University in collaboration with the successful Proposer.
IV. CO2 Pricing: Identify Tank Size:
Identify Price: If CO2 is offered at no charge, please insert “0” in the price column.
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Winston Salem State University RFP #WS14-006
EXHIBIT N: FINANCIAL CONSIDERATIONS PROPOSAL SHEET #2
THIS EXHIBIT IS REQUIRED TO BE SUBMITTED WITH THE RFP RESPONSE
V. Pre-Mix Syrups Pricing:
Item Description Specify Name Price Per Gallon
Cola Brand $
Diet Cola Brand $
Lemon-Lime Brand $
Diet Lemon Lime Brand $
Fruit Flavor Brand $
Cherry Flavored Cola Brand $
Citrus Flavored Brand $
Diet Citrus Flavored Brand $
Root Beer Brand $
Diet Root Beer Brand $
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Winston Salem State University RFP #WS14-006
VI. Facilities Equipment Upgrades/Scholarships/Awards/Other: Please identify your financial support to programs, facilities, other opportunities (i.e. scholarships, awards, internships) that will significantly enhance exposure and assist with the overall vision and mission of the University.
Type of Support Provide details of the offer Specify Total Year Amount to University
Facilities Upgrades
$
Scholarships
$
University Event Sponsorships $
Athletic Summer Camps and $
Side-line Supplies
Sponsorship and Promotions $______
Other $
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Winston Salem State University RFP #WS14-006
The ultimate pricing for soft drinks will be established by the University in collaboration with the successful Proposer.
Bottled – 20 oz.:
Item Description Specify Name Price/ 20oz
Cola Brand $
Diet Cola Brand $
Lemon-Lime Brand $
Diet Lemon Lime Brand $
Fruit Flavor Brand $
Cherry Flavored Cola Brand $
Citrus Flavored Brand $
Diet Citrus Flavored Brand $
Root Beer Brand $
Diet Root Beer Brand $
Fountain Soft Drink Pricing:
Item Description Specify Name Price/oz. cup
Cola Brand $
Diet Cola Brand $
Lemon-Lime Brand $
Diet Lemon Lime Brand $
Fruit Flavor Brand $
Cherry Flavored Cola Brand $
Citrus Flavored Brand $
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Winston Salem State University RFP #WS14-006
Diet Citrus Flavored Brand $
Root Beer Brand $
Diet Root Beer Brand $
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Winston Salem State University RFP #WS14-006
EXHIBIT O: REPLACEMENT OF EQUIPMENT SCHEDULE
This section must include a schedule of the replacement of equipment as it relates to the scope of services outlined in the RFP.
THIS EXHIBIT IS REQUIRED TO BE SUBMITTED WITH THE RFP RESPONSE
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Winston Salem State University RFP #WS14-006
APPENDIX P: UNIVERSITY Exclusivity Vendor and Soft Drink Pouring Rights RFP
Evaluation Process and Weighting
THIS EXHIBIT IS NOT REQUIRED TO BE SUBMITTED WITH THE RFP RESPONSE
WSSU will conduct a comprehensive, fair and impartial evaluation of the proposals received in response to this request. Award will be based on proposal most advantageous to the University, and as provided by statute, the best value to the State. Designated University staff members will evaluate the proposals received and will consider factors noted in the subsequent paragraph and bulleted section. The award of a contract to one vendor does not mean that the other vendors’ proposals lacked merit. All information is confidential and will not be made public until after the RFP process is complete.
Criteria Weighting
Financial Consideration Proposals 30
References 20
Completeness and Conformity of Content 20
Technical Approach Proposals 20
Oral Presentation 10
Total 100
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Winston Salem State University RFP #WS14-006
APPENDIX Q: Winston Salem State University VISION, MISSION AND VALUES
THIS EXHIBIT IS NOT REQUIRED TO BE SUBMITTED WITH THE RFP RESPONSE
Vision Winston-Salem State University develops graduates of distinction known for leadership and service in their professions and communities. WSSU graduates compete successfully in the global economy.
Mission Preparing diverse students for success in the 21st Century, Winston-Salem State University offers quality educational programs at the baccalaureate and graduate levels. Students are engaged in active and experiential learning and have access to education through flexible delivery modes. The University is dedicated to the development of students through excellence in teaching, scholarship and service. As a comprehensive, historically Black constituent institution of the University of North Carolina, Winston-Salem State University contributes to the social, cultural, intellectual and economic growth of the region, North Carolina and beyond.
Core Values
• Education is the foundation of a prosperous and enlightened society. • We are committed to lifelong learning. • Leadership is demonstrated through the relentless pursuit of excellence. • We provide distinctive service to all stakeholders. • Respect for all; integrity always.
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Winston Salem State University RFP #WS14-006
ATTACHMENT 1: INTENT TO ATTEND SITE VISIST/PROPOSER’S CONFERENCE Proposers are invited to inspect the project site prior to submitting a response to determine all needs associated with the scope of work. Failure to inspect adequately shall not relieve the Proposer from the necessity of furnishing and installing, without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract.
Parking on campus is by permit only; however, an alternate option is meter parking at limited locations on campus. A campus map is available online at: http://www.wssu.edu/campus-map/campus-map-sm.pdf
Date: January 13, 2015
Time: 10:00 AM – 2:00 PM
Place: Winston Salem State University
Please provide the name, title of the individual(s) that will be attending the conference.
Please print the information:
Company Name:
Name of Representative: Telephone or Email Address:
Company Name:
Name of Representative: Telephone or Email Address:
Email this intent form back on or before: January 12, 2015 at 12:00 noon To: Attn: Andrea Thompson [email protected]
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