RFB Documents

RFB Documents

TABLE OF CONTENTS

1.0 STANDARD TERMS AND CONDITIONS

2.0 SPECIAL TERMS AND CONDITIONS

2.1 PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT

2.3

2.4

BASIS OF BID EVALUATION

DISPUTE PROCESS

2.5 CONTRACT COMMENCEMENT/LENGTH

2.7

2.8

CONTRACT CANCELLATION

PARTIES TO THE CONTRACT

page

2-4

5-9

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6

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2.9 EXCUSED PERFORMANCE

2.10 INSURANCE

2.13 CONTRACTOR PERFORMANCE MEETINGS

2.14 ADJUSTMENTS TO CONTRACT

3.0 VENDING FOOD SERVICE SPECIFICATIONS

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3.5 VENDING PRICES, MINIMUM PORTIONS AND PRODUCT SPECIFICATIONS

4.0 PERSONNEL, EMPLOYMENT PRACTICES AND STAFFING

5.0 EQUIPMENT, UTILITIES, SUPPLIES AND SPACE USE 14-17

6.0 EQUIPMENT AND FACILITIES MAINTENANCE, REPLACEMENT AND SANITATION 17-19

19 7.0 COMMISSIONS, ACCOUNTING, PAYMENTS AND AUDIT

7.1 COMMISSIONS

7.2 ACCOUNTING

9-11

12-14

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SCHEDULE B

SCHEDULE C

Designation of Proprietary/Affidavit

7.3 PAYMENTS

7.4 AUDIT

8.0 BIDDER'S QUALIFICATIONS AND INFORMATION

9.0 BID SUBMITTAL FORM FOR VENDING FOOD SERVICE

SCHEDULE A

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22-23

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28-29

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Rev.3/08

PS-13-2411

BID REQUEST

FOR VENDING FOOD SERVICE

University of Wisconsin System

University of Wisconsin - Superior

Superior, WI

1.0 STANDARD TERMS AND CONDITIONS

1.1

DEVIATIONS AND EXCEPTIONS

: Deviations and exceptions from terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

1.2

UNFAIR SALES ACT

: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.

1.3

ACCEPTANCE-REJECTION

: The University reserves the right to accept or reject any and all bids/proposals, to waive any technicality in any bid/proposals submitted, and to accept any part of a bid/proposal deemed to be in the best interest of the University.

Bids/proposals must be dated and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals dated and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

1.4

ORDERING

: Purchase orders shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

1.5

PROMPT PAYMENT

: (If applicable): The goal of the State of Wisconsin is to pay properly submitted contractor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

Discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

1.6

TAXES

: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin does not issue a tax exempt number for state agencies.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

1.7

ENTIRE AGREEMENT

: These standard terms and conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases the special requirements apply. The written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

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1.8

1.9

APPLICABLE LAW

: The resulting contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

ANTITRUST ASSIGNMENT

: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser).

Therefore, contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

CONTRACT ASSIGNMENT

: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the University and appropriate purchasing authority.

1.10

1.11

NON-DISCRIMINATION

: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in S. 51.01(5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

1.12

1.13

1.14

1.15

SAFETY REQUIREMENTS

: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, , the Rules of the

Industrial Commission on Safety, and all applicable OSHA Standards.

VENDOR TAX DELINQUENCY

offset by the State of Wisconsin.

: Vendors who have a delinquent Wisconsin tax liability may have their payments

PUBLIC RECORDS ACCESS

: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.

Bid openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

1.16

AFFIRMATIVE ACTION

: Contracts estimated to be twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan acceptable under Wisconsin Statutes and Administrative Code. The contractor must submit the plan to the contracting state agency for approval within fifteen (15) calendar days after the contract is awarded. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin nondiscrimination clause.

Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.

Within fifteen (15) days after the award of the contract, the affirmative action plan shall be submitted to UW System

Office of Procurement, 780 Regent Street, Madison, WI, 53715.

PROPRIETARY INFORMATION

: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law.

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1.17

DISCLOSURE

: If a state public official (s. 19.42 Wisconsin Statutes), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the State unless appropriate disclosure is made according to s. 19.45(6) Wisconsin Statutes before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Madison, Wisconsin, 53707 (telephone:

608/266-8123).

State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements. 16.417, Wis. Stats.

1.18

1.19

CONFLICT OF INTERESTS

: Private and non-profit corporations are bound by State Statute 180.355 and 181.225 regarding conflicts of interest by directors in the conduct of state contracts.

RECYCLED MATERIALS

: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically or economically feasible. Bidders/proposers are encouraged to use and bid/propose products with recycled content which meet specifications.

1.20

Proprietary restrictions normally are not accepted. However, when accepted, it is the contractor's responsibility to defend the determination in the event of an appeal or litigation.

Any material submitted by the contractor in response to this request that the contractor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5) Wisconsin Statutes, or material which can be kept confidential under the Wisconsin public open records law, must be identified. Bid/proposal prices cannot be held confidential.

1.21

MATERIAL SAFETY DATA SHEET

: If any item(s) resulting from this award(s) is a hazardous chemical, as defined under 29CRF 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item for University approval prior to use, including reformulated chemicals.

DUAL EMPLOYMENT:

Section 16.417, Wis. Stats., prohibits an individual who is employed or retained in a full time position or capacity with a state agency from holding any other position or being retained by any other state agency from which the agency receives directly or indirectly, more than $12,000 from a state agency for compensation during the same year. This prohibition does not apply to an individual who has a full-time appointment for less than 12 month, during any period of time that is not included in the employment appointment or a contract. This prohibition applies only to individuals and does not include corporations or partnerships.

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2.0 SPECIAL TERMS AND CONDITIONS

2.1 PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT

The successful bidder, hereafter referred to as "contractor", shall be required to furnish a performance bond in the amount of

$20,000. Such bond must be furnished upon notification by the University of Wisconsin System Office of Procurement, hereafter referred to as "System Office of Procurement", and prior to contract award. In the event awards are made to more than one contractor, each contractor shall comply with all terms and obligations (Performance Bond/Irrevocable Letter of Credit levels shall be prorated) of the resulting contract.

In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the University as beneficiary.

The irrevocable letter of credit shall be in the amount specified for the performance bond and the format content required by the

University. The performance bond or irrevocable letter of credit shall be furnished by a company licensed to do business in the

State of Wisconsin.

The performance bond or irrevocable letter of credit shall be for the entire contract period. If an irrevocable letter of credit is used, the period shall extend one month beyond the contract expiration date. The performance bond or letter of credit shall provide that in the event of non-renewal, the System Office of Procurement, and the contractor be notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary of the effective date of the contract.

In the event of non-renewal, the contractor shall provide the University evidence of the new source of surety within twenty-one (21) calendar days after the University's receipt of the non-renewal notice. Failure to maintain the required surety in force may be cause for contract termination.

Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may result in cancellation of contract award.

2.2 INSPECTION OF PREMISES

Bidders are invited to inspect the project site completely prior to submitting bid in order to determine all requirements associated with the contract. Failure to inspect adequately shall not relieve the contractor 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. A site survey is scheduled for Tuesday May 7, 2013 at 12:00 PM CST at the University of Wisconsin-Superior in Room 132 of Old Main, 1710 Weeks Ave., Superior WI

54880 at which time the bid specifications and related information will be reviewed. (For interactive campus map please reference: http://www.uwsuper.edu/aboutuwsuperior/maps/mapimage.cfm

).

Please contact Laura Gregory,

Purchasing Agent Business Services, for Parking instructions.

For Site Inspection Appointment

Prospective Bidders are to Contact: Laura Gregory, Purchasing Agent Business Services

University of Wisconsin - Superior

Telephone: 715-394-8383

E-Mail: [email protected]

2.3 BASIS OF BID EVALUATION

The award shall be made to the bidder(s) with the best annual commission guarantee which is in the best interest of the University as determined by the University. The University shall determine if the bidder is financially, managerially and operationally capable of providing the required services based on the vendor's response to this bid.

Only those vendors determined to be capable and currently operating Vending Food Services shall be considered. Representatives from the University reserve the right to inspect the bidder's facilities and other operations under the contractor's management prior to award of this bid.

2.4

DISPUTE PROCESS

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Any dispute of the University's award must be made no later than five (5) working days after the award notice is issued by System Office of Procurement. Written notice of dispute must be filed with the President of the University System in care of:

Rich Lampe

Director, System Office of Procurement

University of Wisconsin System Administration

780 Regent St.

Madison, WI 53715

A complete written dispute must be received by the Director, System Office of Procurement no later than five (5) working days after the award notice is issued.

2.5 CONTRACT COMMENCEMENT/LENGTH

It is the intent of the University to commence the resulting contract on or about August 15, 2013.

The contract shall be effective on the date indicated on the contract and shall run until June 30, 2014 with the option of four (4) additional one year periods. This contract shall automatically be extended into the next optional period unless either party notifies the other, in writing, one hundred and twenty (120) calendar days prior to the expiration of the initial or succeeding contract terms.

The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

2.6 FIRM BIDS

All bids shall remain firm for a minimum of ninety (90) days from the date of bid opening.

2.7 CONTRACT CANCELLATION

2.7.1 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 twenty (120) days prior to such anniversary date.

2.7.2 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 contractor which in the opinion of the University is not in its best interest.

2.7.3 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.

2.7.4 Should the University breach any terms or provisions of this contract, the contractor 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 contractor may cancel the contract by giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract.

2.7.5 The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

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2.7.6 If the contractor fails to maintain and keep in force required insurance, the University shall have the right to cancel and terminate the contract without notice.

2.8 PARTIES TO THE CONTRACT

The contract shall be between the State of Wisconsin, Board of Regents of the University of Wisconsin System doing business as the University of Wisconsin - Superior, hereafter referred to as the "University" and the successful bidder hereafter referred to as the

"contractor" for the provision of Vending Food Service according to the terms set forth herein. Laura Gregory, Purchasing Agent

Business Services shall be the representative of the University responsible for the administration of the contract and referred to herein as "the appropriate campus authority".

2.9 EXCUSED PERFORMANCE

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused.

2.10 INSURANCE

The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this contract.

2.10.1 COVERAGE AND MINIMUM LIMITS

Coverage

Worker's Compensation (WC)

Employer's Liability

Coverage (B)

Commercial General Liability (CGL)

General Aggregate incl. prdt/co

Each Occurrence

Minimum Limits

Statutory

$100,000/500,000/100,000

$2,000,000

$1,000,000

Automobile Liability (including hired & non-owned)

$1,000,000 Combined Single Limit

Additional Insured Provision

The contractor shall add the Board of Regents of the University of Wisconsin System, its officers, agents and employees as an additional insured under the commercial general and automobile liability policies.

2.10.2 Certificate of Insurance

Upon notification of award and prior to issuance of a contract, the contractor shall provide the University a certificate of insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best rating of

A- licensed to do business in the State of Wisconsin and signed by an authorized agent.

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2.10.3 Commercial General Liability

Commercial General Liability includes, but is not limited to consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of loss of premises, or damage to equipment, products or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract.

2.10.4 Covenant Requiring Notice

These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of Wisconsin

Office of Procurement, 780 Regent Street, Madison, WI 53715, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

2.10.5 Evidence of new Insurance

In the event of non-renewal, cancellation or expiration of insurance, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice.

2.10.6 University Right to Cancel

In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

2.10.7 Contractor Agrees to Indemnify

The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as "claims") occurring in connection with or in anyway incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.

2.11 The contractor agrees that items relative to Vending Food service which are not covered herein may be added to this bid and resulting contract by the University without voiding the provisions of the existing contract. Additional services shall be furnished to the University by the contractor with additional consideration as needed to make it legally enforceable. The University intends to acquire Vending Food service exclusively from the contractor. Exclusive operation and sales does not include manual food service sales including retail food cart operations in any campus facility, Athletic and Stadium concessions, vended specialty sport drinks in

Markovich Wellness Center/Gates PE building under separate agreement with the University and items determined by the University to objectionable. The University may temporarily limit vending service when concessions are in operation at Wessman Arena or

Markovich Wellness Center/Gates PE Building.

2.12 The terms and obligations of this contract shall be applicable to Vending Food services operated in various and separate locations of the University (i.e. Housing, Student Center, etc.), including those locations leased by the University to tenants in which the specified service shall be required. Lessors of space to the University may reserve the right to determine the extent that the specified service shall be provided under this contract on their premises.

2.13 Recognizing that the successful performance of this contract is dependent on favorable response from the users, the contractor shall meet regularly with the contract administrator and/or authorized student committees to effect adjustments in operations, and shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty and staff.

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2.14 After the initial contract year, the parties upon mutual agreement may adjust the specific terms, commissions or guarantees of this contract where circumstances beyond the control of either party require adjustments. All adjustments shall be proposed in writing by the University to the System Office of Procurement for approval prior to becoming effective. All required contract amendment(s) shall be issued by the System Office of Procurement.

2.15 The contractor shall be financially responsible for obtaining all required permits (including parking), licenses, and bonds to comply with pertinent Board of Regents/University of Wisconsin System regulations, and municipal, county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales and property.

2.16 The contractor shall furnish all food, beverages, supplies, equipment, management and labor necessary for the efficient operation of the specified services included in this contract, subsequent extensions and amendments.

2.17 The contractor shall occupy and use the premises, as defined by the University, only for Vending Food Service. The University shall not guarantee an uninterrupted supply of electricity or heat. The University shall be diligent in reporting service following an interruption. The University shall not be liable for any loss which may result from the interruption or failure of any such utility services.

2.18 The University shall have the right to make reasonable regulations on the method of service, opening and closing hours, safety, sanitation, maintenance and use of Vending food service areas and the contractor agrees to comply with such regulations.

Authorized representatives of the University shall have the full right of access to all Vending Food Service areas at any and all times.

3.0 VENDING FOOD SERVICE SPECIFICATIONS

3.1 The University desires a sound, well-managed vending food service which will serve the varied components of the University, reflect professional attitudes that will enhance the image of the University, and provide its customers consistent and predictable service.

The vending food service shall be a supportive service for student activities and react to the changing trends in the vending industry and changes in campus demographics.

3.2 The University shall determine that which is in the University's best interest regarding all such matters of the bookstore and the manual food service. The contractor shall cooperate with the University to maintain comparable standards of service, food quality, menu variety and comparable portions and prices with that available in manual food services. At a time that it can be determined by the University that any of the manual food services can be better performed by vending food service, they may become part of the contractor's responsibility and amended to this contract by mutual agreement.

3.3 Upon approval of the University, recognized organizations shall be permitted to sell food and beverages on campus in connection with authorized University events such as bake sales and fund raisers.

Special Functions

3.4 When appropriate, the University shall advise the contractor of campus functions which may require additional vending food service to maximize service and revenue potential. Large conferences and department sponsored activities are examples of such functions.

3.5 VENDING PRICES, MINIMUM PORTIONS AND PRODUCT SPECIFICATIONS

3.5.1 The contractor shall comply with the portions and prices specified and those additions arrived at by mutual agreement of the

University and contractor at the start of this contract. Comparable portions and prices shall exist between manual and vended food service.

3.5.2 As part of the bid, the contractor shall provide a detailed listing of portions and prices of all products intended to be served for prior approval by the University, with information copy to the System Office of Procurement. All portion and price change requests shall be submitted to the University in writing for approval prior to implementation with approved information copy to the System Office of Procurement.

Price and portion change requests from the contractor may be submitted to the University for consideration on an annual basis.

The University intends to only make price and/or portion changes prior to the start of each academic year.

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The contractor may provide the University with price and portion change requests a minimum of thirty (30) days prior to the end of the second semester. The contractor shall provide the University with data supporting changes being recommended.

After cost change verification, the University shall determine those price and/or portion changes to be approved and the effective day. The University may use the Consumer Price Index, North Central Region Averages, All Urban Consumers,

Food Away From Home Index changes as a guideline in evaluating the contractor's price change proposals.

3.5.3 All prices include State and local sales tax. All weights and measures are minimums of ready-to-eat portions.

3.5.4 Product Specification and Price Schedule

3.5.4.1

3.5.4.2

3.5.4.3

PRODUCT SPECIFICATIONS

Soft Drink

Natural Fruit

Juices & Teas

Minimum of six (6) flavors per vendor to include Pepsi-Cola or Coca-Cola and Diet.

Other flavors and brands, including waters and sports drinks, determined by mutual agreement.

20 oz. drink

20 oz. sports drink

Energy Drink 16 oz.

11.5 oz. container

16 oz. container

16 oz. teas

SELLING PRICE

$1.50

$1.75

$2.50

$1.25

$1.75

$1.75

Candy, Nuts

Gum, Mints

All brands are to be limited to those enjoying national and local acceptance. Packaging to conform to manufacturer's standards in terms of weight and size.

Minimum of ten (10) combined candy and nut selections. Vend size $1.00

King size $1.25

3.5.4.4 Snacks

Minimum of four (4) combined gum and mint selections.

Gum, five stick package

Mints

A minimum of ten columns with ten varieties per machine. All brands shall require

University approval and shall be nationally accepted brands. Portion size shall be at least minimum standard unpriced vend pack.

Potato Chips

Corn Chips

Doritos

Pretzels

Vend Portion Size

(Net Weight)

1 oz.

1-1/4 oz.

1 oz.

1 oz.

$0.75

$0.75

75¢

75¢

75¢

75¢

10

1

0

3.6

3.7

3.8

PRODUCT SPECIFICATIONS

Cheetos Crunchies

Cheez-its

Nutritious Snacks

Chex Mix/Gardettos

Popcorn, Microwave

1-1/8 oz.

1.5 oz.

7/8 oz.

1.75 oz.

3.5 oz.

Large Snacks/Chips

Crackers/Wafers

Cereal Bars

Peanuts

Granola Bars/Rice Krispies

1.75-2.25 oz.

1-3/4 oz.

7/8 oz.

1.5 oz.

SELLING PRICE

75¢

75¢

$1.00

$1.00

$1.00

$1.00

$1.00

$1.00

75¢

$1.25

3.5.4.5 Dairy Drinks &

Frappuccino

Flavored Milk 12 oz.

Frappuccino 9.5 oz.

$1.50

$1.75

Cold Beverage Requirements

The University shall require that the vendor be able to furnish a minimum of six (6) flavors including Cola (Pepsi or Coca Cola), a

Diet Cola (Pepsi or Coca Cola), and other soft drinks not limited to, Root Beer, Orange, Lemon Lime, Diet Lemon Lime, Diet

Caffeine-Free Cola (Pepsi or Coca Cola), Sport Drinks, Teas and Waters. Product mix and sizes by machine and location shall be determined by mutual agreement of the University and contractor based upon Schedule B. The vendor should supply a full list of product offerings with the bid. The University may require a sample before using a particular product.

Juice Selections

The natural fruit juice selections shall be grapefruit, grape, orange, pineapple, cranberry, etc. Combination juices (less than one hundred percent (100%) juice) may be vended from a juice vendor. Name brands of national acceptance shall be provided, all other shall require prior University approval. At locations where a juice vendor is not provided, these products may be vended from variable priced beverage machines.

Candy, Gum, Nut Requirements

The candy, gum, mint and nut selections shall include, but not be limited to, the following selections. All other brands and varieties shall require prior approval of the University.

Candy

Bit O'Honey (Nestle)

Nestle Baby Ruth

Nestle Butterfinger

Heath

Hershey's Rally

Hershey with Almonds

Hershey Mr. Goodbar

Mars Bar

Leaf Payday

Milk Duds

Milky Way

M & M's

Munch Bar

Granola Bars

Skittles

Nestle Crunch

Pearson's Salted Nut Roll

Hershey Almond

Hershey's Kit Kat

Hershey Powerhouse

Reese's Peanut Butter Cups

Snickers

Starburst

Sunmaid Raisins

Switzer's Licorice

3 Musketeers

Hershey Mounds

Rice Krispies

Twix

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Gum and Mints

Wrigleys, Carefree, Trident

Lifesaver, Reeds , Certs

Nuts

Planters, Eagle, Fisher, Frito Lay

Cookies/Pasties

Nabisco

Kellogg

Keebler

Famous Amos

Rice Krispies

A minimum of seventy percent (70%) of the candy columns shall be stocked with a combination of products from M&M, Mars,

Hershey and Nestle.

3.9

Nutritious Snacks

A variety of recognized nutritious snacks shall be available in those locations where regular snacks are already offered or for new locations as may be determined by the University. A minimum of 25% of snack/chip/cookie items shall be at least one of the following: low cal/low fat/low sodium in content.

3.10

Inventory Rotation

All perishable food shall be package coded. Prior to the start of the contract the University and contractor shall mutually agree on inventory rotation schedules to replace dated product with fresh product. Prior to the start of the contract, the coding systems in use by the contractor shall be submitted to the University. The contractor shall be responsible for all loss of stale products, spoilage and shrinkage and shall not penalize the University for such losses.

3.11

Labeling

Labeling on all items, including vended perishable foods, shall comply with all U.S.D.A., F.D.A. regulations, qualifications, and

University policy, regarding packaging, labeling, ingredient listing and standards. The contractor's menu and menu item presentations shall not violate the intent of full truth in their written content, item descriptions or products used.

3.12

Brand Preference

The contractor shall take under advisement the University's wishes regarding such considerations as brand preference, design and material specifications of supply items, use of State products, and use of local vendors where the resulting costs do not significantly jeopardize the fixed guarantee of this contract.

3.13

Minority Business

The University of Wisconsin is committed to the promotion of minority business in the State's purchasing program. With this procurement a successful contractor is encouraged to purchase services and supplies from minority businesses certified by the

Wisconsin Department of Development, Bureau of Minority Business Development. The UW Purchasing unit shall require from the successful contractor a quarterly report of purchases of such supplies and services necessary for the implementation of the contract.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of

Administration, Office of Minority Business Program, 608/267-7806.

The University requests the cooperation of the contractor in reporting on a regular basis all purchases of services or commodities from certified minority businesses used in the performance of this contract. This report shall be submitted to the University

Purchasing Office on an annual basis.

3.14

Industry Advancements

The contractor shall be alert to changing vending food service trends, new market forms of food, and changing diet patterns being evolved throughout the vending food service industry. As a result, the contractor shall be expected to initiate ideas for varied methods of vending service and menu presentations, and by mutual agreement implement these variations within the conditions of this contract. The University shall encourage and cooperate with the contractor to promote and merchandise services and products to

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4.3 the fullest to attract students, faculty and staff to enjoy and fully utilize the vending service. The contractor, with approval from the

University, shall implement, merchandise and promote these new services and product variations in a manner typically used by commercial operations (i.e., sample tasting, temporary food stands). Promotion techniques may consider all campus publicity and advertisement including: paid ads in authorized campus publications, radio announcements, posters, and approved point of purchase displays. National marketing promotions with the approval of the University are encouraged.

3.15

Samples

4.2

Prior to the start of the contract, and at any time during the life of the contract, the University, at its option, may require samples of vending products for evaluation and approval prior to sale at the University.

3.16 The sale of tobacco products is not permitted at any location on campus.

4.0 PERSONNEL, EMPLOYMENT PRACTICES AND STAFFING

4.1 Contractor shall at all times maintain on duty for the University an adequate staff of employees for efficient operation. The contractor shall provide expert administrative, purchasing, equipment consulting, and personnel supervision.

An adequate staff of employees, to be approved by the University, shall be on duty to provide efficient, prompt and sanitary service.

The University shall have the right to review the staffing patterns and job schedules, and require the contractor to take appropriate action to insure adequate service. The University may require the contractor to increase staff based on the needs of the operation.

The University shall be the final approving authority for adequate staffing requirements.

Contractor Contact Personnel

The contractor 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 the University on current and future vending food service programs, and to act with full authority on the contractor's behalf in any and all matters pertaining to the specifications of this contract.

Personnel Relations

Personnel relations of employees on the contractor's payroll shall be the contractor's responsibility. The contractor shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel. All employees of the contractor at the institution shall be bonded. The University may review this list upon request.

Staff Training

4.5

4.4 The contractor shall have the resources and staff for continually providing satisfactory training and development programs for their employees at all levels of the organization. Regularly scheduled employee training shall be conducted by the contractor regarding such subjects as refrigeration maintenance, defensive driving, equipment repair, and proper sanitation. The contractor shall be responsible for the expense of such training meetings.

Employee Identification

Employee uniforms or nametags shall be provided by the contractor which is mutually agreed by the University and contractor to be best suited for the job function intended, and easily and appropriately identify the contractor and employee by name. Exceptions shall be determined by mutual agreement of the University and contractor. All employees of the contractor shall wear an approved uniform while on duty at the University.

4.6

Personnel of the contractor shall observe all regulations of the University, failure to do so may be grounds for the University to recommend dismissal.

Free Meals or Snacks

The contractor shall not furnish free or discounted vended meals, snacks, or beverages to their employees, those of the University or any customer as a direct operating expense with a reduction of sales and/or commissions.

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4.7

Food Handler Examination

If the State of Wisconsin requires that food handlers take and pass a food handler's examination, the University shall require certification that food handlers under this contract have taken and passed the examination. The cost of these examinations shall be the contractor's responsibility.

The contractor may require all of its employees assigned to duty at the University to submit to health examinations before being hired and periodically at least annually or as frequently and as stringently as required by law, and to submit satisfactory evidence of compliance with all health regulations to the University.

4.8

Parking Fees

The University

does not

require the contractor to pay parking fees for service vehicles identified by company logo used on campus in the service of this contract.

Report of Child Abuse or Neglect

4.9

If, in the course of providing services to University of Wisconsin System Institutions, contractor (or its agent or employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the contractor (or its agent or employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in University of Wisconsin System Institution’s Child Abuse and Neglect Policy. If the suspected child abuse or neglect involves University of Wisconsin System Institution, the contractor shall also report that abuse to the University of Wisconsin System Institution Office of Equity and Diversity

Services Health Examinations and Background Checks

4.10 The contractor may require all of its employees assigned to duty at the University to submit to health examinations before being hired and periodically, at least annually or as frequently and as stringently as required by law, submit to the

University, satisfactory evidence of compliance with all health regulations.

The University requires the contractor to warrant they are supplying employees that have passed background checks. This includes management, full and part-time staff. The contractor also agrees to defend, indemnify and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents for any claims, suits or proceedings alleging a breach of this warranty.

Vendors or contractors whose employees, affiliates, or volunteers will have routine or unsupervised access to vulnerable populations (i.e., minors or medical patients) in the course of the contract represent that these employees, affiliates, or volunteers have satisfied a criminal background check conducted by a criminal background check vendor selected by the contractor that includes a check of the vendor's proprietary national criminal background check database.

5.0 EQUIPMENT, UTILITIES, SUPPLIES AND SPACE USE

5.1

Schedule B

. 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 contractor with the objective of providing the best possible service to the student body, staff and faculty. Selected equipment must be in compliance with the American with Disabilities Act (ADA).

According to schedule B, the contractor shall provide energy star rated multi-priced beverage, glass-front beverage, and 20 oz. vendors at selected locations.

The University may provide the contractor soda vending equipment on a no charge lease agreement from the bottler/wholesaler the

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contractor selects to purchase product in compliance with Wisconsin Administrative Code, ATCP 102.11(2)a. Changes of product and equipment source shall require prior approval of the University.

The contractor shall coordinate the ordering, delivery, repair requirements and return of the soda vending equipment with the bottler/wholesaler. All soda vending equipment shall remain the property of the bottler/wholesaler on loan to the University and shall not be relocated to another account operated by the contractor. The contractor shall return the equipment to the bottler/wholesaler on termination or expiration of the contract. The contractor shall stock, maintain, service and repair the equipment. The contractor shall provide the labor and parts required for soda equipment repair at no charge to the University.

5.2 The University requires the contractor to provide both new and update vending equipment per Schedule B. New equipment shall be of most recent model and not manufactured prior to 2012. Update equipment shall be 2007 model or more recent, and shall be shop rebuilt and refurbished prior to installation. All equipment should provide thermal overload protection and comply with applicable electrical standards. Energy efficiency is desired.

For purposes of this contract, update rebuilt and refurbished requires the equipment be in like new condition prior to final acceptance by the University for location on campus.

New and update equipment shall be listed as certified by the Automatic Merchandising Industry Health Code. All equipment shall be subject to inspection and approval by the University prior to final installation.

The vending equipment shall be compatible in terms of decor when three or more 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 contractor. The University shall install and pay the costs of any decorative motif.

All equipment shall be equipped with non-reset electronic sales totalizers and selection panels which have the capability to provide digital display of total sales.

5.3

Combination Snack Machine

The contractor shall merchandise a variety of candy, gum, mints, nuts, pastries, cookies and snacks daily in combination candy, pastry, snack equipment at locations indicated in Schedule B. This equipment shall have open window display, with a minimum optional selection of forty items.

The contractor shall vend condoms, tampons, pain relievers and other sundries in the combination candy, snack and pastry machines at locations specified in the Equipment Schedule. Brand and number of selections shall be determined by mutual agreement.

Equipment Verification

5.4 The contractor shall provide the University and the System Office of Procurement with invoice copies to verify new equipment purchases are in compliance with contract requirements. Initial and subsequent installations of new and update equipment shall be identified by type of equipment, serial number, manufacturer's meter readings and location. The lists shall be provided to the

University and Office of Procurement not later than thirty (30) days after the effective date of the contract.

After the start of the contract, the contractor shall not add or remove vending or auxiliary equipment without prior written approval of the University.

5.5

Utilities

Where necessary, and mutually agreed by the University, utilities shall be brought to equipment by the University. The contractor 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.

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 which may result from the interruptions or failure of any such utility services.

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5.6

Ownership of Equipment

All vending equipment owned by the contractor shall remain with the contractor. 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 contractor's responsibility.

5.7

5.12

In the event that the vending contractor shall be the same name contractor providing manual service at the University under separate contract during similar contract periods, the contractor may be provided storage space in the facilities used for manual food service.

Arrangements and terms for use of such space and facilities shall be arrived at by mutual agreement of the University and contractor and shall include, but not be limited to, controlled recording and reporting system of cost allocations, transfers, and direct charges of food, labor, and supplies to vending. Additional required expendable and capital equipment is the responsibility of the contractor at its expense. Items stored in said area shall be sold only at the University.

5.8

Reduced Service Periods

5.9

Operation Instructions/Refunds/Malfunctions

Contractor shall provide on each machine at each vending food 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.

5.10

Keys

The contractor shall be responsible for control of keys obtained from the University and the security of those areas for which and when they are used by its representatives. The contractor 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 who shall receive these reports and be responsible for key issue and periodic review of key control.

The contractor is responsible for the purchase of padlocks and other security devices which may be required by the contractor to further ensure revenue, product or property.

The University shall provide the contractor with routine campus protection currently available to vending food service, such as night patrol, door checks, security consulting, call response, etc.

The University and contractor shall mutually determine the additional security measures required to control unauthorized access to all vending food service areas included in this contract.

5.11

The vending machines shall be operated during the entire year, but with reduced selections arrived at by mutual agreement for the summer session and University vacation breaks.

Lock Cylinder/Key Replacement

The contractor shall be responsible for replacement of lost keys and the cost of re-keying and replacement of lock cylinders required as a result of their negligence and/or loss of keys.

Storage of Equipment

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 contractor may be removed and placed in storage by the University. All costs of removal, storage and product and revenue loss shall be the contractor's.

5.13

Changers

Vending change making equipment shall have the capability of customer selection of changing coins and $1.00 currency. The

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contractor shall provide and service the changers with amounts of change at frequent intervals to ensure change is continually available. All vending equipment shall have the capability of returning change in amounts of $.05, $.10 or $.25 as required, and have adequate change inventory for required returns.

All machines, unless otherwise noted, shall be equipped with a microprocessor controlled dollar bill acceptor as an equipment accessory for all vending locations.

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 automatic refill features.

5.14

Route Employee Sales

6.1

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.

6.0 EQUIPMENT AND FACILITIES MAINTENANCE, REPLACEMENT AND SANITATION

The premises, equipment, supplies and facilities shall be maintained throughout the life of this contract in condition satisfactory to the University and in compliance with Chapters HSS 196 and HSS 198 of the Wisconsin Administrative Code and Sec. 50.50(4),

Wisconsin Statutes. Thus, the contractor shall adhere to the highest standards of cleanliness and sanitary practices, including food handler's appearance and performance in the preparation, service, transport and storage of food and related items. Structural, utility and non-vending equipment changes necessary in order to comply with such requirements shall be made by the University at its expense.

6.1.1 The contractor shall maintain in a sanitary condition all vending machines. The customer-contact surfaces of all equipment including selector buttons, knobs and handles and cup dispensing platforms shall be cleaned with germicidal solution applied with disposable toweling. Visible products residue, as in cup platforms, shall be removed with warm water and detergent before application of the germicide.

6.1.2 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.

6.1.3 Contractor'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 contractor shall provide access, by kick plate (skirt) removal or machine movement, and advise the University of the need for cleaning.

6.1.4 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 disposal. All waste containers and recycling containers shall be kept in a clean and satisfactory condition at all times, and emptied as often as necessary by the University.

6.1.5 The contractor shall remove all waste packaging, master cartons, boxes, etc., from the vending service and storage areas to outside dumpsters provided and serviced by the University. These waste materials shall not be placed in the containers described in above paragraph. Cardboard cartons shall be taken by the contractor to collection points identified by the

University or be removed from campus by the contractor.

Facility Inspections

6.2 Consultant inspectors of the Wisconsin State Division of Environmental Health and Milk Certification Section and/or Agent Health

Departments of the division and campus safety personnel and environmental health specialists shall have complete cooperation and access to all vending service, production and storage areas on inspection which they may conduct. These inspections may be at the request of the University or on said agency's own discretion. A management representative of the contractor shall conduct equipment and facilities maintenance and sanitation inspections periodically. A copy of all inspection reports shall be furnished the University by the contractor. The contractor is responsible to implement corrective operating measures required as a result of these inspections

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and reports within ten day notification from the inspecting agency and by mutual agreement of the University.

6.3 The contractor shall institute and maintain a program of preventive maintenance and regular replacement of worn, damaged, or malfunctioning vending equipment. This program shall be described in detail with each bidder specifying equipment and parts backlog to meet emergencies and routine maintenance and repair. The University shall not perform maintenance or repair on any equipment of the contractor or that on loan to the University.

The University shall institute a preventive maintenance program and regular replacement of worn, damaged or malfunctioning non-vending capital equipment and related facilities. The program shall be paid by the University and executed with the full cooperation of the contractor.

Malfunctions and Service

6.4 The contractor shall provide on call, as needed vending and auxiliary equipment maintenance and repair service 24 hours a day and seven days a week so as to minimize vending equipment down time should malfunctions be reported. The contractor shall respond to equipment service and repair calls/reports within a minimum of three (3) hours between the hours of 7:00 AM and 7:00 PM, Monday through Friday, and three (3) hour response time during weekends. Equipment which cannot be returned to full service within 72 hours of notification of needed repair shall be replaced with comparable equipment of like quality until the original equipment is returned to service. The equipment repair service shall respond to emergency and daily routine maintenance requirements in a manner which limits equipment down time and customer inconvenience. The contractor shall provide the University a toll free number to call or accept long distance calls for required service.

The contractor shall supply food and beverage products to the equipment a minimum of five days per week, Monday through Friday, between the hours of 7:00 A.M. and 4:00 P.M. during the regular academic semesters. Specific locations which require product service on Saturday and/or Sunday shall be determined by mutual agreement. The contractor shall be alert to specific equipment which requires product inventory stocking more frequently than once per day to maintain adequate product variety and inventory to provide satisfactory service twenty-four hours per day.

Prior to the start of the contract, the University and contractor shall mutually determine those locations requiring weekend service and service after lunch prior to the start of evening classes.

6.5

Equipment Replacement

The contractor shall maintain a continual program of equipment replacement in high volume locations where obsolescence becomes a factor resulting in potential service or sales reduction.

6.6 The University shall be responsible for the purchase of non-vending capital equipment and shall make or authorize the repair and replacement of worn, damaged or malfunctioning equipment and related facilities. Except where it has been determined by the

University that damages were due to the contractor's negligence, the University shall, at its option, request the contractor to make and pay for the necessary repairs and replacement, or repair or replace said non-vending capital equipment and related facilities and invoice the contractor.

6.7

Industry Improvements

Industry improvements on vending equipment occurring during the life of this contract shall be incorporated by the contractor on the originally installed equipment and subsequent installations where it is deemed feasible by the University and mutually agreed by the contractor. 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.

6.8

New Security Advancements

The contractor shall keep the University informed on 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 contractor and mutually agreed by the University.

Daily Floor Maintenance

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6.9 The University shall provide daily floor maintenance in the vending areas, and the contractor shall cooperate in keeping this service to a minimum. Route employees shall clean floor spillage which occurs in the process of filling or sanitizing equipment.

The University and contractor shall mutually develop a schedule for the University to thoroughly clean and seal the floor under and in the adjacent area of vending equipment.

6.10

Floor Stripping and Waxing

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 contractor shall mutually develop a schedule for the

University to thoroughly clean and seal the floor under and in the adjacent area of vending equipment.

6.11

Recycling

The contractor shall comply with University and State policies and procedures related to recycling of waste materials, purchase of recycled materials and participate in required waste separation programs for materials generated by the vending program.

The University is committed to a comprehensive recycling program. Contractor may be asked to participate in experimental/pilot recycling projects during Contract term and is encouraged to cooperate fully.

Pest Control

6.12

The University shall be responsible for the costs of insect and pest control in all vending service areas. The contractor shall maintain maximum insect and pest control for its products and equipment.

7.0 COMMISSIONS, ACCOUNTING , PAYMENTS AND AUDIT

7.1

Commissions

7.2

7.2.1

An annual commission guarantee(s) shall be expressed on the included bid submittal form. Contractors have the opportunity to bid for total service. The commission guarantee(s) shall be paid annually through the life of this contract. Bidders may propose annual increases if they choose to. Contract award shall be determined, in part, based on the annual commission guarantee(s) quoted.

Accounting

Records Retention

The contractor shall maintain complete and accurate records of vending transactions for each machine in accordance with accepted industry accounting practices, and shall keep in a safe place all such financial records and statements pertaining to the operations at the University for a period of three (3) years from the close of each year's operation.

7.2.2

Collections/Meter Counts

A representative of the University may accompany the contractor's route employees when meter counts and money collections are made at a time pre-determined by mutual agreement.

7.2.3

Sales Tax Determination

The contractor is responsible for payment of all sales taxes. Sales tax collected from customers shall be deducted from gross sales receipts, provided customers are advised of the amount of sales tax they are paying by posted sign or printed notice. Divide gross receipts by 1.055 to calculate sales tax.

For purposes of this contract, the required formula for determining net sales is as follows:

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1.Vends x sales price = gross sales

2.Gross sales minus (-) tests and refunds = adjusted gross sales. Refunds and tests to be shown separately on statements.

3.Adjusted gross sales divided (

) state and local sales tax (1.055) = net sales.

Sales Tax Change

7.2.4 The University's annual commission guarantee under this contract is determined in part with the contractor's full consideration of applicable State, Federal, county or local excise and sales taxes on all products at the start of this contract.

In event of an increase in these taxes or change in tax structure increasing the contractor's tax liability and affected vending product sale price is not adjusted, the annual commission guarantee shall be reduced the exact same amount in dollar terms to compensate the contractor for tax increase. In the event of tax decrease, and no decrease in gross sales price is effected, the University shall receive the exact same amount in annual commission compensation for such decreased tax.

Uniform Statements

7.2.5 Contractors with vending service at more than one University of Wisconsin Campus shall provide period statements which are uniform at each University as nearly possible as the obligations of each contract specification permit.

Vandalism or Theft

7.2.6

Contractor’s revenue losses resulting from vandalism or theft of money or product from vending equipment at the

University shall not reduce annual guarantee payments.

7.2.7 Reports

The University shall require the contractor to provide annual sales reports itemizing gross sales, sales tax and net sales by location by machine.

7.4 Audit

7.4.1

Prior to the start of the contract, the University and contractor shall mutually agree on the report(s) formats and contents to satisfy these requirements. Year to date reports shall coincide with the contract year

7.2.8

Refund System

7.3 Payments location with University approved instructions where refunds may be obtained.

7.3.1 The contractor shall pay the University the annual commission guarantee in twelve (12) equal monthly installments on or before the 10 th

day of each calendar month.

7.3.2

A voucher refund system shall be required and shall involve dispersing of funds through representatives of the University.

The voucher system shall include a form supplied by the contractor and approved by the University to be filled out by the person making a refund claim and shall include the following information: what machine, what happened, amount of refund, date, building, and who suffered the loss. The contractor shall supply and maintain funds for refunds to the satisfaction of the University. The University and contractor shall mutually determine the locations on-campus where refunds are administered and the maximum fund to be provided each location. The contractor shall provide each vending

All payments shall be sent to the University. Vending commission payments not received by the University on the 10 of each calendar month shall be paid by the contractor plus a minimum interest penalty on the commission due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax. th

day

Periodic reviews, conducted jointly by representatives of the University and the contractor, may be made to ensure that commission guarantee payments, pricing structure and other phases of the operation are conducted in the most efficient and financially sound manner.

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7.4.2 All records pertaining to the operations of vending food service shall be open for inspection and/or audit by the State and/or

University of Wisconsin at any or all reasonable times.

7.4.3 The University and the System Office of Procurement shall be advised by the contractor of the schedule of the contractor's audit of their records and operations at the University. The University shall have the option to participate in the contractor's audits and may request a full report of these audits.

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8.0 BIDDER'S QUALIFICATIONS AND INFORMATION

It is the purpose of this invitation to bid to obtain complete data from each bidder to enable the University to determine which bidder is best able to serve all of the criteria which are to be considered in the award of this contract. To this end, each bidder shall furnish as a part of this bid a complete description of capabilities in the field of Vending Food Service Operations.

Bidders shall provide a written response to all required Bidder's Information. Each response shall be numbered to coincide with the

Bidder's Information numbering and presented in the sequence listed. The Bidder's Information should be prepared simply and economically, providing a straightforward, concise description of that which is required. Emphasis should be on completeness and clarity of content. The qualification criteria which the bidder's must meet to be considered for an award are:

* The bidder must currently own the specified business and must have owned and operated a vending business a minimum of five (5) years.

* Reference checks from a minimum of three (3) clients currently under contract with your company must indicate high quality of service has been performed consistently.

* Financial capacity of the bidder must be sufficient to support the specified service, provide initial inventories, equipment and labor and cash flow to guarantee performance.

* The bidder's response must clearly demonstrate the capacity to handle the requirements of this contract in addition to current workload.

* The bidder must currently own and operate a minimum of forty (40) vending machines at three or more accounts of similar complexity.

Bidders information is required even if it is currently on file at UW System Office of Procurement with previous or current bids.

The required bidder's information is as follows:

8.1 Name and address of operating company, the names of all the owners or principles of the company and the duration and extent of experience in the operation of vending food services.

8.2 A list of operations of similar complexity where you are currently, or have within the last year, owned and provided the specified service. Give length of time at each account, name, address and phone number of contact person of each operation. The list shall include a minimum of three (3) similar operations.

8.3 A complete profit and loss statement and balance sheet or annual report as of your last fiscal year of operation. Certification of this report by a Certified Public Accountant may be required.

8.4 A list of related vending industry and bank references with which the company is currently transacting business. If your company will require monetary assistance to operate this account, state amount required and anticipated source.

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8.5 A table of company organization and a plan for the administrative-management and supervision staffing required under the specifications of this contract, including regional and headquarters support and description of the qualifications of the manager candidate to be assigned to the University.

8.6 Descriptions of your internal accounting and audit programs including forms used for:

8.6.1

8.6.2

8.6.3

Central warehouse and route inventory control.

Method of recording, checking and reporting sales based on inventory control records.

Route and internal control of cash handling of vending machine revenues and coin and bill changers. Explain controls used to separate vending machine changer funds and revenues.

8.6.4 Regular accounting and route cash collection control forms used with detailed explanation of each and their importance.

8.7

8.6.5 Copy of proposed annual revenue statements.

A description of your sanitation, preventive maintenance and regular replacement of worn and/or malfunctioning equipment programs.

8.8 Your proposed plans for advertising, merchandising and promotions for the first year of the contract.

8.9 A list of all products with portion size you will offer this account, including pricing.

8.10 Describe, in general terms, your approach to meet the service requirements of this contract including regular academic year, evening, weekend and emergency service.

8.11 Other information the bidder deems pertinent for consideration by the University.

8.12 The University may request supplementary information as is sufficient, in the opinion of the University, to assure the University that the bidder's competence, business organization, and financial resources are adequate to successfully perform the specified service.

8.13 Bidders shall furnish and include the above required data and information with the bid. Statements are required to be complete and accurate. Omission, inaccuracy or misstatement may be sufficient cause for rejection of bid.

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9.0 BID SUBMITTAL FORM FOR VENDING FOOD SERVICE

Subject: Vending for the University of Wisconsin - Superior

We, the undersigned, in compliance with the Request for Bid Number PS-13-2411 for Vending Food Service dated April 19, 2013, hereby bid the following annual commission guarantees to the University of Wisconsin - Superior for vending machine net sales as follows. In making these bids, we acknowledge that we have read and understood this Request for Bid and hereby submit our bid in accordance with the terms and conditions of the bid specifications and agree to fulfill our legal obligations pursuant to the attached contractual provisions.

9.1

ANNUAL COMMISSION GUARANTEE

The contractor bids an annual guarantee of __________________________________dollars ($___________) per year.

The University anticipates a minimum annual guarantee of fifty thousand dollars ($50,000).

9.2

The contractor at its option may elect to quote a lower annual guarantee of _________________ ($_________).

Note: do not make an entry on this option unless a lower mximum annual guarantee is intended.

THE BELOW ADDENDA HAVE BEEN RECEIVED AND CONSIDERED IN PREPARATION OF THIS BID. PLEASE COMPLETE

THE ACKNOWLEDGMENT BY SIGNING AND INSERTING THE DATE OF THE ADDENDA.

WE ACKNOWLEDGE: ADDENDUM #1 DATE ___________

ADDENDUM #2 DATE ___________

SIGNED _______________________________________________

NAME ________________________________________________

TITLE _________________________________________________

DATE _________________________________________________

FIRM __________________________________________________

ADDRESS _______________________________________________

CITY STATE ______

TELEPHONE ZIP _________________

FEIN

E-Mail _______________________________________________________

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SCHEDULE A

Vending Equipment Distribution – University of Wisconsin-Superior

Machine Description On Campus Now Total Required

Swenson 1

Swenson 2

Swenson 3

Barstow

Campus Safety

CMO 1

CMO 2

CMO 3

Crownhart 1

Crownhart 2

Erlanson 1

Erlanson 2

Erlanson 3

Holden F Arts 1

Holden F Arts 2

Holden F Arts 3

Holden F Arts 4

MWC 1

MWC 2

Library 1

Library 2

Library 3

Library 4

Old Main 1

Old Main 2

Ross 1

Ross 2

Ross 3

YU 1

YU 2

Service Center

Wessman 1

Wessman 2

TOTALS

Soft

Candy

Soft

Soft

Soft

Soft

Glass

Candy

Soft

Candy

Soft

Candy

Glass

Soft

Candy

Hot

Glass

Glass

Candy

Soft

Candy

Candy/Combo

Hot

Soft

Candy

Soft

Candy

Glass

Candy

Glass

Soft

Soft

Candy

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

33

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

33

Gross Sales

7/2011 to 6/2012

(1 year)

$ 7,494

9,356

12,353

1,860

950

3,387

2,877

3,567

1,913

1,567

2,408

2,373

2,215

4,290

879

3,158

2,751

2,693

546

834

338

1,573

2,167

3,867

4,659

370

2,666

5,440

3,678

3,927

2,586

1,297

46

$100,085

Gross Sales

7/2012 to 3/2013

(9 months)

$ 5,292

7,724

9,753

1,016

461

3,155

2,307

2,415

1,551

1,391

1,757

1,457

1,444

2,889

1706

2,541

3,048

2,881

408

516

112

1,198

1,622

2,069

2,682

0

1,289

3,354

2,492

2,244

1,592

795

400

$73,561

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SCHEDULE B

Location and Description of Required Vending Equipment

University of Wisconsin - Superior

C Soft Drink

Variable $

20 oz. Bottles

Special

Instruction

Candy/Snack Hot Coffee &

Chocolate

Swenson 1

Swenson 2

Swenson 3

Barstow

Campus Safety

CMO 1

CMO 2

CMO 3

Crownhart 1

Crownhart 2

Erlanson 1

Erlanson 2

Erlanson 3

Holden FA 1

Holden FA 2

Holden FA 3

MWC 1

MWC 2

Library 1

Library 2

Library 3

Library 4

Old Main 1

Old Main 2

Ross 1

Ross 2

Ross 3

YU 1

YU 2

Service Center

Wessman 1

Wessman 2

TOTALS

1

1

1

1

1

1

1

1

1

1

1

11

*

*

*

*

*

*

*

*

**

*

***

***

***

1

1

1

1

1

1

1

1

1

1

1

1—Cans

1

13

*New equipment Required 2012 model year or newer—all other equipment minimum 2007 model year

**Possibly move and replace vending machine from outside dock location to inside Service Center

***Ross-Hawkes Hall facility construction—location and number of machines may change at completion

26

1

1

Glass Front

Beverage

Variable $

1

1

1

1—Combo

1

1

1

7

2

6

Total

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

32

SCHEDULE C

University of Wisconsin - Superior

Prepared by: Laura Gregory Date: April, 2013

The statistical data provided in this Schedule does not constitute terms of the resulting contract. The data is provided for informational purposes only and includes:

1. Copy of the University calendar:

http://www.uwsuper.edu/registrar/news/calendar.cfm

2.

Schedule of times when reduced vending food service is allowed during the academic year and summer session:

3 rd

week of May through 3 rd

week of August (summer)

Thanksgiving Weekend

4 th

week of December through 3 rd

week of January (semester break)

Easter Weekend

3. Annual commission guarantee that the University is currently receiving

:

$50,000

b.

4.

Estimated University population

2013-14

:

Head Count

Student Enrollment a.

First Semester

2800

Second Semester

2660

Summer Session

Faculty and Staff

250

FTE

2200

2070

Academic Year:

425

Summer Session:

5. Residence Halls Occupancy:

150

2011-12

Projected

2012-2013 2013-2014

First Semester

Second Semester

Summer School

629

553

115

590

548

120

615

560

15

6. Campus objectives for vending food service and future changes that should take place in the areas of vending food service:

The University desires a balanced and consistent offering of products and service acceptable to our diverse population of students, faculty staff and guests. Future changes should reflect brand preferences and be in tune with health and wellness trends to maximize profit.

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STATE OF WISCONSIN

DOA-3027 N(R01/98)

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in s.

19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by

2. proper means by, other persons who can obtain economic value from its disclosure or use.

The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released

Section Page # Topic

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO

PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO

HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Company Name ___________________________________________

Authorized Representative

Authorized Representative

___________________________________________

Signature

___________________________________________

Type or Print

Date ___________________________________________

This document can be made available in accessible formats to qualified individuals with disabilities.

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2

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AFFIDAVIT

University of Wisconsin System

780 Regent Street

Madison, WI 53715

This completed affidavit must be submitted with the bid/proposal.

Proposer Preference: Please indicate below if claiming a proposer preference.

Minority Business Preference (s. 16.75(3m), Wis. Stats.) - Must be certified by the Wisconsin

Department of Commerce. If you have questions concerning the certification process, contact the

Wisconsin Department of Commerce, 8th Floor, 123 W. Washington Ave., P.O. Box 7970,

Madison, Wisconsin 53707-7970,

(608) 267-9550.

Work Center Preference (s 16.752, Wis Stats.) - Must be certified by the State of Wisconsin Use

Board. If you have questions concerning the certification process, contact the Wisconsin State

Use Board, 101 East Wilson Street, 6th Floor, PO Box 7867, Madison, Wisconsin 53707-7867 or

608/266-2553.

American-Made Materials: The materials covered in our proposal were manufactured in whole or in substantial part within the

United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United

States.

Yes No Unknown

Non-Collusion: In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free trade; that no attempt has been made to indu ce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer competitor or potential competitor; that this proposal has not been knowingly disclosed prior to open ing of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions, and specifications required by the State of Wisconsin in this Announcement of

Bid/Proposal and the terms of our bid/proposal.

Authorized Representative Title

Type or Print

Authorized Representative Date (mm/dd/ccyy)

Company Name

Signature

Telephone ( )

This document can be made available in accessible formats to qualified individuals with disabilities.

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