RFB JS-10-2300 Beverage and Food Vending for UW

RFB JS-10-2300 Beverage and Food Vending for UW
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS: University of Wisconsin Systems
Remove from bidder list for this commodity/service. (Return this page only.)
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid
# JS-10-2300. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
purchasing office on or before the date and time that the bid is due. Bids dated and time stamped
in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of
a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being
properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not
included with sample packages or other bids. Bid openings are public unless otherwise specified.
Records will be available for public inspection after issuance of the notice of intent to award or the
award of the contract. Bidder should contact person named below for an appointment to view the
bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless
otherwise noted. The attached terms and conditions apply to any subsequent award.
Office of Procurement
780 Regent Street, Suite 145
Madison, WI 53715
REQUEST FOR BID
THIS IS NOT AN ORDER
Bids MUST be in this office no later than
BIDDER (Name and Address)
June 8, 2010 2:00 P.M. CDT
Name (Contact for further information)
Jacqueline Sommers Smith
Phone
Date
608-265-0557
May 11, 2010
Quote Price and Delivery FOB
Fax bids are accepted
Item
No.
Quantity
and Unit
XFax bids are not accepted
Price
Per Unit
Total
Description
Furnish Vending Cold Beverage and Snack Food Services to the
University of Wisconsin - Green Bay in
accordance with the attached Conditions of
Bid, Specifications, Bid Submittal Form,
and Schedules A-C.
Complete and Return the Following:
1. Request for Bid Form - 1 copy required
2. Bidder's Information as required on
Pages 27-29- 2 copies required
3. Bid Submittal Form - 1 copy required
Site Survey Friday, May 21,2010, 10:00 AM
Meet in the University Union
nd
Room Alumni Rooms AB – 2
Floor
Park in the Visitor Lot between the University Union and Mart Ann Cofrin Hall
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center
Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in
our bid 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
In signing this bid 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
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder,
competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder 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 in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
Phone
(
Fax
(
Federal Employer Identification No.
)
)
Social Security No. if Sole
Proprietor (Voluntary)
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
TABLE OF CONTENTS
page
1.0 STANDARD TERMS AND CONDITIONS
3
2.0 SPECIAL TERMS AND CONDITIONS
7
2.1
PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT
7
2.3
BASIS OF BID EVALUATION
7
2.4
APPEALS PROCESS
8
2.5
CONTRACT COMMENCEMENT/LENGTH
8
2.7
CONTRACT CANCELLATION
8
2.8
PARTIES TO THE CONTRACT
8
2.9
EXCUSED PERFORMANCE
8
2.10
INSURANCE
9
2.13
CONTRACTOR PERFORMANCE MEETINGS
10
2.14
ADJUSTMENTS TO CONTRACT
10
3.0
VENDING COLD BEVERAGE AND SNACK FOOD SERVICES SPECIFICATIONS
11
3.5
VENDING PRICES, MINIMUM PORTIONS AND PRODUCT SPECIFICATIONS
11
4.0
PERSONNEL, EMPLOYMENT PRACTICES AND STAFFING
16
5.0
EQUIPMENT, UTILITIES, SUPPLIES AND SPACE USE
17
6.0
EQUIPMENT AND FACILITIES MAINTENANCE, REPLACEMENT AND SANITATION
20
7.0
COMMISSIONS, ACCOUNTING AND PAYMENTS
22
7.1 COMMISSIONS
22
7.2 ACCOUNTING
23
7.3 PAYMENTS
25
8.0 BIDDER'S QUALIFICATIONS AND INFORMATION
27
9.0 BID SUBMITTAL FORM FOR VENDING COLD BEVERAGE AND SNACK FOOD SERVICES
29
SCHEDULE A
30
SCHEDULE B
31
SCHEDULE C
33
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
35
2
Rev.1/08
DOA-3054 (R10/2005)
BID REQUEST
FOR VENDING COLD BEVERAGE AND SNACK FOOD SERVICES
University of Wisconsin System
University of Wisconsin - Green Bay
Green Bay, WI 54311
Standard Terms And Conditions
1.0
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model
numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level
desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information
necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are
cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.
2.0
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, 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 bidders/proposers shall
be held liable.
3.0
QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators,
obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or
decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify
for educational discounts. Unit prices shall reflect these discounts.
6.1
Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the
request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit
price shall govern in the bid/proposal evaluation and contract administration.
6.2
Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices
shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be
submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and
shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The
conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or
agreements.
6.3
In determination of award, 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 thirty (30).
7.0
UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any
technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the
State of Wisconsin.
Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the
bid/proposal is due. Bids/proposals date 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.
9.0
METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency.
No other purchase orders are authorized.
3
11.0
PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor 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.
A good faith dispute creates an exception to prompt payment.
12.0
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, 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.
13.0
GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected
materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary.
Excess costs shall include the administrative costs.
14.0
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 shall
apply. Further, 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.
15.0
APPLICABLE LAW AND COMPLIANCE: This 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. The State of Wisconsin reserves
the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes
regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with
any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement
and non-procurement contracts.
16.0
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, the 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.
17.0
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 State of Wisconsin.
18.0
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in
the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent
(75%) of the total hours of direct labor are performed by severely handicapped individuals.
19.0
NONDISCRIMINATION / AFFIRMATIVE ACTION: 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), Wis. Stats., sexual orientation as defined in s. 111.32(13m),
Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff 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.
19.1
Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action
plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five
(25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the
contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are
available from the contracting state agency.
4
19.2
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's nondiscrimination law.
19.3
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.
20.0
PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles
were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles
described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every
suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all
papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and
agrees that it will pay all costs, damages, and profits recoverable in any such suit.
21.0
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 and all applicable OSHA Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be
warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard
warranty shall apply as a minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
23.1
Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying
out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and
property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, nonowned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars
($1,000,000) per occurrence combined single limit for automobile liability and property damage.
23.3
The state reserves the right to require higher or lower limits where warranted.
24.0
CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to
nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the
State of Wisconsin.
26.0
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/proposal 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.
27.0
28.0
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. Proprietary restrictions normally are not accepted.
However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.
27.1
Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted
commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property
of the State of Wisconsin.
27.2
Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary
information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept
confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary
Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for
Proposal package. Bid/proposal prices cannot be held confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), 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
5
twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis.
Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite
601, Madison, Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
29.0
RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever
technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.
30.0
MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined
under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one
(1) copy with the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments,
agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to
this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this
procurement shall not be made without prior written authorization of the contracting agency.
32.0
HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and
employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any
persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this
agreement.
33.0
FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to
this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must
possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting
business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign
corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of
Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.
34.0
WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies,
including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work
centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to
include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items
to State agencies and campuses.
35.0
FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with
reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature
or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond
the reasonable control and without the fault or negligence of the party.
6
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
$10,000. 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.
For Site Inspection Appointment
Prospective Bidders are to Contact: Rick Warpinski, Director – University Union
University of Wisconsin - Green Bay
Telephone: 920.465.2090
Email: [email protected]
2.3
BASIS OF BID EVALUATION
The award shall be made to the bidder(s) with the best commission or annual guarantee which is in the best interest of the
University as determined by the University. The University shall consider an alternative of a split group award for cold beverage
only; with another exclusive contractor for the remaining vended items. 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 Cold Beverage and Snack 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
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
7
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, 2010. The term of this contract shall be
for five (5) years from the effective date.
2.6
FIRM BIDS
All bids shall remain firm for a minimum of ninety (90) days from the date of bid opening.
2.7
2.8
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.
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.
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 - Green Bay, hereafter referred to as the "University" and the successful bidder hereafter referred to as
the "contractor" for the provision of Vending Cold Beverage and Snack Food Services according to the terms set forth herein. The
University of Wisconsin System Office of Procurement is responsible for contract administration of the contract and referred to
herein as "Contract Administrator". The University Union Director, herein known as the Campus Contract Administrator, shall be
the on site representative of the University responsible for the day to day administration of the contract.
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.
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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
Minimum Limits
Worker's Compensation (WC)
Employer's Liability
Coverage (B)
Statutory
$100,000/500,000/100,000
Commercial General Liability (CGL)
General Aggregate incl. prdt/co
Each Occurrence
$2,000,000
$1,000,000
Automobile Liability (including hired & non-owned)
Combined Single Limit
$1,000,000
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.
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 thirty (3))
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
9
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 any way 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 Cold Beverage and Snack Food Services 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 Cold Beverage and Snack Food Services exclusively from the contractor(s). Exclusive
operation does not include the Kress Events Center, Shorewood Golf Course, and other “staffed” food and beverage operations on
University property.
The intent of the University is that the contract be exclusive. However, the University shall consider an alternative of a split group
award for cold beverage only; with another exclusive contractor for the remaining vended items. The contractor is cautioned to be
very explicit in this reservation in portions of the bid submittal.
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. Equipment shall be compatible with design and
quality with the other contractor's equipment at the same locations, as determined by the University. Each contractor shall
cooperate, as determined and coordinated by the University, with other contractors and the University in all such terms as, but not
limited to, area sanitation, waste containers, decorative motif, paper supplies, refunds, and scheduling of stocking items.
2.12
The terms and obligations of this contract shall be applicable to Vending Cold Beverage and Snack 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 Campus contract administrator and/or the operations manager 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.
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. The UW-Green Bay campus may build or
remodel facilities that may or may not require the addition of vending locations. Prior to the opening of any new or remodeled
building, a proposal for changes in vending machine equipment and/or location may be requested. 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 Cold Beverage and Snack Food
Services. 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.
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2.18
3.0
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 Cold Beverage and Snack Food Services 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 Cold Beverage and
Snack Food Services areas at any and all times.
VENDING COLD BEVERAGE AND SNACK FOOD SERVICES SPECIFICATIONS
3.1
The University desires a sound, well managed vending Cold Beverage and Snack Food Services 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 Cold Beverage and Snack Food Services shall be a supportive service for student
activities and react to the changing trends in the vending industry (debit card vending) and changes in campus demographics.
3.1.1
The University utilizes the Blackboard Debit System, a vending debit card program for use by students, faculty and staff for
purchase of products at select vending locations on campus. The University shall be responsible for the purchase of the
cards, installation of communication lines, selling and establishing purchase value and vending categories for purchases.
Currently there are 45 machines that are equipped with card readers. In the new contract the University is adding 1 more
location with 2 additional machines for a total of 47 machines needing to have debit card capability.
3.1.2
The contractor shall be responsible for:
1.) The annual maintenance service agreement cost for vending readers or the time and materials cost (plus shipping) to have
the readers repaired by Blackboard in order to have all vending readers online.
2.) The purchase of hardware and software required to read sales information and produce reports required by this contract.
3.) The purchase cost and installation of the card readers on vending machines. Costs of equipment and models are listed in
the appendix information.
3.1.3
Additional equipment added or replaced for mechanical malfunction, failure or any other reason is required to have installed
debit card vending readers prior to service at identified debit card vending sites.
3.1.4
Additional vending debit card requirements are identified in the appendices attached.
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 Cold Beverage and Snack Food Services. 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 Cold
Beverage and Snack Food Services, 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 Cold
Beverage and Snack Food Services 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 in this contract 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 Cold Beverage and Snack Food Services. The item portion and price schedule included in these
specifications shall serve as a price and portion guide for other menu items not specifically included.
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List of Products/Price Adjustments
3.5.2 Prior to the start of the contract, the contractor shall provide a detailed listing of portions and prices of all other 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.
The contractor may provide the University with price and portion change requests a minimum of sixty (60) 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. The University
may negotiate increased commissions on select products when cost increases are less than the amount of the sale price
increases.
3.5.3
3.5.4
3.5.4.1
All prices include State and local sales tax. All weights and measures are minimums of cooked ready-to-eat portions, except
raw weight minimums identified as "R.W." Where applicable, total portion weights include sauces, extenders, batters, etc.,
and are exclusive of containers and garnish.
Selling Price and Minimum Portion Schedule.
Category
Item Description/Specifics
Selling Price
Soda/Soft Drinks
20oz soda (assorted)
Pepsi, Coke, 7up Products
12oz soda (assorted)
Pepsi, Coke, 7up Products
Gatorade/Propel/G2/Flavored Waters, etc. – 16.9oz-20oz
Energy Drinks – 20oz (i.e. Red Bull, Monster, Rockstar)
Water (assorted)
100% Juice
Less than 100% Juice
Vegetable Drinks (i.e. V8, Splash)
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
Candy Bars & Mints
Gum (5 stick package)
Nuts (peanuts, almonds,etc.)
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 vending pack. - .75-1.5oz
1.75oz & greater
Popcorn, Microwave
Nutritious Snacks (i.e. Chex Mix, Granola Bars, Nutrigrain Bars)
Assorted sweet rolls, honey buns, etc.
Hostess, Twinkess, Ho Ho’s, Fruit Pies, Pop Tarts
Grandma’s Cookies
Bagged Cookies
Fresh brew dual bean ground or freeze dried single-cup coffee,
decaffeinated, lattes, mochas, and other specialty coffees
10oz/16oz Coffee (reg. & decaf)
Flavored/Specialty Coffee 10oz/16oz
$1.50
3.5.4.2
Sport Drinks & Water
3.5.4.3
Fruit Juice & Vegetable Drinks
3.5.4.4
Candy Bars, Gum, Mints, Nuts
3.5.4.5
Snacks
3.5.4.6
Pastries & Cookies
3.5.4.7
Coffee, Hot Chocolate,
3.5.4.8
Milk & Dairy Drink
3.5.4.9
Soups, Stews
3.5.4.10
Fruit, Salads, Desserts
10oz/16oz Hot Chocolate
Soup/Broth 8oz/12oz
8oz (assorted) Carton
16oz (assorted) Plastic
Minmium 5 microwavable selections – casseroles (7-9oz). Quality,
variety, and brands must meet University approval.
Apples-Red (100ct), Oranges (88ct), assorted variety
Brownies & Bars (1.5” x 2.5” cut)
Yogurt, Plain &Flavored, 8oz
Muffins, 4oz
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$1.00
$1.50
$2.75
$1.25
$1.50
$1.50
$1.10-$1.50
$1.10
$0.75
$0.80
$0.75
$1.00
$1.00
$0.80
$1.25
$0.65-$1.25
$0.90
$0.80
$0.75/$1.00
$0.90/$1.25
$0.75/$1.00
$0.50/$0.75
$0.65
$1.25
$1.25
$0.85
$0.85-$1.50
$1.00
$1.00
Category
Item Description/Specifics
Selling Price
3.5.4.11
Sandwiches, Cold
$1.50-$3.00
3.5.4.12
Sandwiches, Hot
Bread or Bun – variety best suited for type of sandwich, Spread
and/or salad dressing, lettuce, pickle slice, or olive. Plus the
following minimum amounts of filling:
egg salad, #20 scoop (2oz)
ham salad, #20 scoop (2oz)
chicken salad, #2 scoop (2oz)
tuna salad, #2 scoop (2oz)
boiled ham 1.5oz meat
roast beef 2oz meat
salami 1.5oz meat
bologna 1.5oz meat
sliced turkey/chicken 1.5oz meat
boiled ham & cheddar 1.5oz meat & 3/4oz cheese
boiled ham & swiss 1.5oz meat & 3/4oz cheese
Poor Boy (French Bread) w/boiled ham, salami, or
summer sausage 2.5oz meat & ¾ oz cheese
Hot Sandwiches to be heated by customer in microwave ovens
provided by contractor.
Bread or bun, toasted or untoasted, variety best suited for type of
sandwich, round buns, minimum diameter 3.75”, coney buns,
minimum length 4.5”
butter or margarine
condiments where normally required
plus the following ingredients:
-
$1.50-$3.00
Hamburger, 2oz R.W. meat
-
3.5.4.13
3.6
Ice Cream & Frozen Confections
Cheeseburger, 2oz R.W. meat & 3/4oz processed
American cheese
Hot Dog, 8 per lb.
Cheesedog, 8 per lb & 1/2oz processed American cheese
Fish, breaded haddock or cod, fillet, no filler 3oz (tartar
sauce condiment)
Baked ham & cheese 1.5oz meat & 3/4oz cheese
Pizzaburger 2.5oz meat & cheese combined
Hot Pockets
Kraft Food Lunchables
Burrito
Pizza
Filled Bisquits (ham ‘n egg, saugage ‘n egg 4oz
Assorted variety (icre cream bars, cones, fudgcicles, push ups, etc.)
$0.75-$1.50
If a full line vendor is chosen, multiple vendor products shall be provided for sale. The University shall require that the vendor be
able to furnish a minimum of six (6) flavors including Cola (Pepsi and or Coca Cola), a Diet Cola (Pepsi and Coca Cola), and other
soft drinks not limited to, 7up, Dr. Pepper, Diet Dr. Pepper, Root Beer, Orange, Lemon Lime, Diet Lemon Lime, Diet Caffeine-Free
Cola (Pepsi and Coca Cola), Sport Drinks, Teas and Mineral Water. 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
3.7
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 the 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
the variable priced beverage machine and commissions shall be paid on natural juices as quoted per bid submittal. Vegetable juice is
not a part of the beverage portion of this contract. Vegetable juice may be vended from the general merchandiser at the price
quoted per bid submittal for G.M. products.
Candy, Gum, Nut Requirements
3.8
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.
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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
Gum and Mints
Wrigleys, Carefree, Trident
Lifesaver, Reeds
Nuts
Planters
Fisher
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
Cookies/pasties
Nabisco
KelloggKeebler
Famous Amos
Eagle
Frito Lay
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.
Nutritious Snacks
3.9
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. One Snack vending unit in the Cofrin Library shall be designated as “Healthy
Choice Only” and should contain only items generally accepted by the snack food industry as healthy. An emphasis on making
healthy choices in vending is required of the vendor in the form of identification of all vended items that meet or exceed generally
accepted “healthy choice” terms and standards.
Inventory Rotation
3.10
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. All perishable items; salads, sandwiches, etc., shall be replaced within four (4)
days from the date of preparation, i.e., produced on Monday replaced on Thursday of the same week.
The contractor shall be responsible for all loss of stale products, spoilage and shrinkage and shall not penalize the University for such
losses.
Labeling
3.11
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.
General Merchandiser Products
3.12
The contractor shall stock sandwiches available for sale which provide a variety in mix of sale prices with five varieties at a
minimum. The University and contractor shall mutually agree on the items, menu variety and sale price mix of food and beverages to
be sold in each general merchandiser prior to the start of service and as frequently thereafter as required. Refrigerated general
merchandisers shall be used to vend fresh fruits, salads, desserts, yogurt, cold and hot sandwich menu items.
14
Appropriate garnish and condiments shall be included with the product when packaging. The contractor shall submit for approval the
type and amount of condiments to be included with each sandwich prior to the start of the contract and as new products are
introduced.
Condiments
3.13
The condiment size portion inventory levels, method of dispensing, and required locations, shall be determined by mutual agreement
of the University and contractor.
Ground Beef Fat Content
3.14
Ground beef patties shall be one hundred (100%) pure ground beef with a maximum fat content of the finished raw patty of 18% to
22%. All menu items prefabricated, produced by others, or processed by the contractor containing soy protein derivatives and meat
analogues shall be approved by the University prior to service.
Brand Preference
3.15
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 and commissions of this contract.
Minority Business
3.16 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.
Industry Advancements
3.17
The contractor shall be alert to changing vending Cold Beverage and Snack Food Services trends, new market forms of food,
and changing diet patterns being evolved throughout the vending Cold Beverage and Snack Food Services 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.
3.18
Marketing
The University shall encourage and cooperate with the contractor to promote and merchandise services and products to 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. The
vendor shall make provisions, at their expense, for at minimum four (4) on-site marketing campaigns focused toward increasing
attention to the vending services, the healthy choices and options available within, and free product sampling for customers,) The
contractor shall budget 1% of sales annually ($2,400 first year) to marketing.
Samples
3.18.1 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.
3.19 The sale of tobacco products is not permitted at any location on campus.
15
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
4.2
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 Cold Beverage and Snack Food
Services 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
4.3
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 providing vending services at the University shall be bonded. The University may review the list of bonded employees
upon request.
Personnel of the contractor shall observe all regulations of the University, failure to do so may be grounds for the University to
recommend dismissal.
Staff Training
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
4.5
Employee uniforms shall be provided by the contractor which are 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.
Free Meals or Snacks
4.6
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.
Food Handler Examination
4.7
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.
16
Parking Fees
4.8
The University does not require the contractor to pay parking fees for service vehicles used on campus in the service of this contract.
The fee for parking is set annually and is subject to change within the life of the contract. The contractor agrees to adhere to all
parking and safety regulations as set forth by the University and keep vehicles from being driven on sidewalks or pedestrian paths
unless approved by the University.
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) and built by a nationally recognized manufacturer.
Hot and cold machines shall be equipped with a thermostat to verify temperatures are within industry standards.
According to schedule B, the contractor shall provide multi-priced beverage vendors and 20 oz. vendors at selected locations.
University Remodeling Project Impact on Vending Equipment
It should be noted that the University has some planned remodeling in Wood Hall that will have an impact on the vending machines
in that area/location. The current bank of machines will remain in place until sometime in December 2010. At that time, the
equipment will need to be removed while the building is closed for major remodeling. It is anticipated that upon re-opening in late
summer 2011, the vending machine need will be reduced as a result of changes within the remodeling project. Currently there are
two soda, one coffee, one snack, and one GM unit in Wood Hall. Upon re-opening, the GM unit will not be needed and the coffee
unit may not be required. The University knows it will require one soda and one snack and possibly a second soda/beverage unit
dictated by volume. However, based on current sales, the University believes that one soda machine will suffice.
The University may provide the contractor soda vending equipment on a no charge lease agreement from the bottler/wholesaler the
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.
(Alternate If a soda wholesaler is the successful contractor for providing canned and bottled soda and alternative soft beverage
vending service, the wholesaler may provide the University beverage vending equipment in compliance with Wisconsin
Administrative Code, ATCP Chapter 102).
5.2
All vending equipment must accept the use of the Blackboard Debit Card Readers, The University will require a combination of new
and used vending equipment as noted in Schedule B. Any used vending equipment must be in good working condition so that
reliable and consistent service. New equipment shall be of most recent model and not manufactured prior to 2009. Update
equipment shall be 2004 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 efficient or energy star rated
equipment is required. Soda and juice vendors provided shall have institution related scenes, logos or graphics as approved by the
University on the front of the machine with smaller product identification graphic.
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.
17
If the contractor can demonstrate accurate accounting, inventory and/or controls to the satisfaction of the University, the contractor
may allow sharing of readers with “like commissioned” machines.
Combination Snack Machine
5.3
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 the ability to
provide a selection of forty items.
The combination candy, snack and pastry machines 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, reported sales, inventory control records,
and non-reset item sales counters and totalizers, revenues shall be audited on a regular schedule, as determined by the University, to
verify the contractor's inventory control and reported commissions.
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 and listings be provided 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. All schedule revisions shall be recorded on the monthly revenue and equipment commission report.
Utilities
5.5
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. The University is interested in any all potential energy savings initiatives which will reduce our
utility consumption.
The University requires that all refrigeration vending machines be equipped with set-back thermostats to manage energy
consumptions during periods of low use and activity (nights and weekends). Display lights in all equipment shall be T8 fluorescent
lamps, or equivalent, and shall be programmable to be turned off during periods of low use and activity (nights and weekends).
Ownership of Equipment
5.6
5.7
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.
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 a production space and the facilities used for manual Cold
Beverage and Snack Food Services to produce, package, store, and issue such food items as sold in pastry, and general merchandiser
vending equipment. 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; schedule of periods for use; the specific menu items to be
produced, packaged and stored; and specific areas and facilities of the University for this use. Additional required expendable and
capital equipment is the responsibility of the contractor at its expense. Items produced in said production area shall be sold only at
the University.
For the use of said space and facilities the contractor shall pay the University, not later than the 20th day of the next accounting
period, a percentage of net sales of all those menu items produced. This percentage shall be determined by mutual agreement of the
University and contractor.
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Reduced Service Periods
5.8
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.
Supplies
5.9
Paper supplies, type of dispensing equipment, inventory levels, and the required locations shall be determined by mutual agreement
of the University and contractor.
Soup cups, straws and plastic/flatware displayed for customer self-service shall be stored in sanitary dispensers or be individually
wrapped.
Microwaves
5.10
Microwave ovens which may be required at select locations for re-constituting and/or heating such items as entrees, soups, and
sandwiches shall bear U.L., N.S.F., F.C.C. and C.S.A. certification, and be designed to comply with the most recent standards of the
U.S. Dept. of Health, Education and Welfare. These ovens shall be thoroughly cleaned on a routine basis or more often as needed by
the contractor.
High Volume Locations
5.11
The contractor 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, paper supplies and
condiments, maintain the service area in a sanitary and orderly condition, and other such services as may be required.
Operation Instructions/Refunds/Malfunctions
5.12
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.
Keys
5.13
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
that 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 Cold Beverage and Snack
Food Services, 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 Cold Beverage and Snack Food Services areas included in this contract.
Lock Cylinder/Key Replacement
5.14
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.
Installation/Removal/Storage of Equipment
5.15
At the beginning of the contract the contractor, with assistance from the University, shall coordinate the installation of equipment
with the current contractor with the goal of minimizing downtime.
Vending and auxiliary vending equipment not removed from the University locations on cancellation or expiration of this contract
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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.
Changers
5.16
Vending change making equipment shall have the capability of customer selection of changing coins and $5.00 currency. The
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.
Condiment/Supply Stands
5.17
The contractor shall furnish and maintain the combination condiment and supply stands required in Schedule B to complement the
banks of vending equipment. These stands shall provide adequate space for storage and dispensing of napkins, condiments, paper
plastic supplies, etc. The stands shall be modular in design, and be of compatible decor to the surrounding area and be located in the
vending banks for convenient use.
Route Employee Sales
5.18
6.0
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.
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 no 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 kickplate (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.
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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
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 Monday through Friday, between the hours of 7:00 A.M.
and 4:00 P.M. during the regular academic semesters and summer school. 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.
Equipment Replacement
6.5 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.
Microwave Inspection/Repairs
6.7
Each microwave oven shall be identified to, and checked by, consultants from the State Division of Health or their agents and by
campus environmental health specialists at the time of their periodic inspections and as frequently as deemed necessary by the
University for compliance with radiation leakage control standards of the Health & Safety Act, Public Law 90-602. This Act
promulgated rules as specified in the Federal Register, Title 21, Chapter I, Subchapter J, Part 1030 (c)(1) governing in part power
density limits of "five milli-watts per square centimeter at any point five centimeters or more from the external surface of the oven."
Only meters appropriate for this type of measurement should be used when checking for leakage. Copies of resulting inspection
reports shall be furnished the University, and the contractor immediately on notification, shall remove all defective equipment from
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service and furnish adequate service equipment alternates until the microwave oven is replaced, meets the performance standards for
microwave and radio frequency emitting products in 1030, and returned to service, or replaced with a new approved microwave oven.
All microwave oven repairs shall be made by fully qualified personnel in accordance with F.D.A. rulings.
Industry Improvements
6.8
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: energy saving or energy efficient technologies, "fail-safe no
touch burglar alarms", self locking coin boxes and various electronic security, debit card readers and metering devices.
New Security Advancements
6.9
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
6.10
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 semi-annual schedule for the University to thoroughly clean and seal the floor
under and in the adjacent area of vending equipment.
Floor Stripping and Waxing
6.11
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 semi-annual
schedule for the University to thoroughly clean and seal the floor under and in the adjacent area of vending equipment.
Recycling
6.12
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
6.13
The University shall be responsible for the costs of insect and pest control in all vending service and storage areas. The contractor
shall maintain maximum insect and pest control for its products and equipment.
7.0 COMMISSIONS, ACCOUNTING AND PAYMENTS
7.1 Commissions
Commissions shall be expressed on the included bid submittal forms by the contractors on net sales (gross sales, less State and local
Sales Tax) on all items as follows:
7.1.1 Percentage on individual vending product categories or a maximum guarantee total commission per year of $50,000, whichever is
greater. In the event of a split group award, the guarantee for the contractor providing cold beverage service shall be
$35,000 dollars ($_______) per year and the guarantee for the contractor providing the remaining service shall be $15,000
dollars ($______) per year.
The contractor may elect to quote a lower guarantee than the maximum specified. Contract award shall be determined, in
part, based on the commissions quoted.
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7.2 Accounting
Records Retention
7.2.1
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.
Collections/Meter Counts
7.2.2
A representative of the University may accompany the contractor's route employees when meter counts and money
collections are made at time pre-determined and agreed by the University. At that time 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 contractor. Revenue discrepancies from the composite of these collections and that
reported on the period statement shall be explained by the contractor in writing as part of such period statements.
Basis for Commissions
7.2.3
The contractor's inventory control of reported inventory sales, after reconciliation to meter readings and cash collections,
shall be used as the basis to compute commissions payable to the University. Collections shall be bagged and counted by
machine, reconciled to reported inventory sales and not co-mingled with changer funds. When reported inventory sales
differ from meter readings and cash collections, commissions payable shall be determined on the reported inventory sales.
All vending equipment shall be equipped by the contractor with non-reset item sale counters and/or totalizers which are
maintained in continual operative condition. Each period statement shall include beginning and ending counter readings as
reconciled to route inventory control reports.
Inventory control records shall be kept for each machine indicating date, product description, sale price and quantity loaded
into the machine and be made available to the University on a schedule to be determined by the University. Product
inventory and sales shall be recorded by machine at the time of each service occurrence. Inventory control route records
shall be retained a minimum of two (2) years after the sales and commissions for each period are recorded and reported to
the University.
7.2.4
In the event different items are sold in the general merchandiser and/or combination candy, snack and pastry merchandiser
for which varied commissions are paid, the revenues and commissions for these item sales shall be reported by location in
the revenue and commission category for that item.
7.2.5
Refunds and tests 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.
Sales Tax Determination
7.2.6
Sales tax collected from customers shall be deducted from gross sales receipts, before computing the Sales Tax, provided
the customers are advised of the amount of sales tax they are paying by posted sign or printed notice. (Divide gross receipts
by 1.055). Commissions shall be computed on the resulting net sales receipts for all commission sales.
For purposes of this contract, the required formula for determining net sales and commissions is as follows:
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 each
commission statement.
3.Adjusted gross sales divided (÷) state and local sales tax (1.055) = net sales.
4.Net sales x commission percentage = commissions due the University.
7.2.7
Sales Tax Change
The University's commissions under this contract are 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 contractor's tax liability and affected vending product sale price
23
is not adjusted, commissions 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 commission compensation for such decreased tax.
Uniform Statements
7.2.8
Contractors with vending service at more than one University of Wisconsin University shall provide period statements which
are uniform at each University as nearly possible as the obligations of each contract specifications permit.
Vandalism or Theft
7.2.9
Commissions shall not be paid on the contractor'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.
7.2.10
The University shall require the contractor to provide monthly sales and commission reports which provide the following
information:
7.2.10.1
Product code for the following categories:
A.
B.
C.
D.
E.
F.
Soft Drink - Canned
Soft Drink - Bottled
Cold Beverages - Juice, Isotonics, Enhanced Water, Energy Drinks, Milk, Teas, Coffee
Snacks – Candy, Pastry, Desserts, Mints
Cold Food (GM)
Ice Cream
7.2.10.2 Building location of machines
7.2.10.3
Machine number
7.2.10.4
Selling prices of products (separate report)
7.2.10.5
Date machine installed (separate report)
7.2.10.6
Date machine removed from service (separate report)
7.2.10.7
Designation of new or used machine at time of installation (separate report)
7.2.10.8
Gross and net sales and sales tax for each machine by location each period
7.2.10.9
Year-to-date gross and net sales and sales tax for each machine by location each period
7.2.10.10
Total commission for each machine by location for each period
7.2.10.11
Year-to-date commission for each machine by location each period
7.2.10.12
Refunds and tests for each item category
7.2.10.13
Required beginning and ending meter reading
7.2.10.14
Amount over and short by machine
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. The year to date reports shall coincide with the contract year
Refund System
7.2.11
A voucher refund system shall be required and shall involve dispersing of funds through representatives of the University.
The voucher system shall include a pre-numbered form supplied by the contractor and approved by the University to be
24
filled out by the person making a 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 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 location with University approved instructions where refunds may be obtained. The University shall
be provided source documents to verify reported refunds as part of each period statement.
7.3 Payments
7.3.1
The contractor shall pay the University the commission percentage of each period net (gross sales less State and local Sales
Tax) vending sales on or before the 20th 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 extension of commissions and a composite statement of said sales and commissions. Causes of abnormal
revenue deviations shall be noted by the contractor as part of these statements.
Debit card vending service shall result in a charge by the contractor to the University for debit card sales. The University
shall remit payment in accordance with prompt payment policy guidelines. The University and the contractor may mutually
agree, in writing and through amendment to this contract, to the University deducting the amount of commission payment
from debit card sales due the contractor as another means of commission payment by the contractor to the University. The
contractor shall reimburse the University annually for maintenance of Debit card readers and any related equipment. Upon
mutual agreement of these procedures copy shall be sent to the System Office of Procurement for amending to the contract.
The University requires a minimum of twelve (12) monthly revenue and commission statements annually, including periods
of reduced revenues.
7.3.2
All period commission statements and payments shall be sent to the University with an information copy to the System
Office of Procurement. Vending commission payments not received by the University on the 20th day following the last
day of the period in which it was earned shall be paid by the contractor plus a minimum interest penalty on the commissions
due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax.
Guaranteed Payments
7.3.3
One year from the effective date of this contract, and each full year thereafter during the life of the contract, the contractor
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 20th day of the following accounting period in which they were earned and
recorded as commissions paid in the year the guarantee was due.
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 bid 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 20th day of the following accounting period.
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 contractor to remove equipment from a location or
locations which reduce annual commission payments below the guarantee, the contractor 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 the System Office of Procurement
and amending to the contract.
Equipment Removal Commissions
7.3.4
On expiration or termination of this contract 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.
25
Statement Review
7.3.5
7.3.6
On request of the University the contractor 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.
Audit
7.3.6.1
Cash collections reports, route inventory cards, and reported sales shall be audited on regular schedule, as
determined by the University, to verify the contractor's inventory control and reported commissions.
7.3.6.2
Periodic reviews, conducted jointly by representatives of the University and the contractor shall be made to
ensure that commission and guarantee payments, pricing structure and other phases of the operation are
conducted in the most efficient and financially sound basis.
7.3.6.3
All records pertaining to the operations of vending Cold Beverage and Snack Food Services shall be open for
inspection and/or audit by the State and/or University of Wisconsin at any or all reasonable times.
7.3.6.4
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 Cold Beverage and Snack Food Services 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 fifty ( 50 ) vending machines at one or more accounts.
Bidder’s 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 Cold Beverage and Snack Food Services.
8.2 A list of operations of similar complexity (may be a list of number of accounts) 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.
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 Inventory control for central warehouse, on location storage areas, and route inventory control.
8.6.2 Vending Cold Beverage and Snack Food Services personnel accounting controls.
8.6.3 Method of recording, checking, calculating and reporting sales based on inventory control records.
8.6.4 Route and Internal control of cash handling of vending machine revenues and coin and bill changers, coin counting facilities and
refund system. Explain controls used to separate vending machine changer funds and revenues.
8.6.5 Internal audit system.
8.6.6 Regular accounting and cash collection control forms used with detailed explanation of each and their importance.
27
8.6.7 Route person inventory and cash control procedures with example control cards and card entry procedures and audit.
8.6.8 Copy of proposed monthly period revenue and commission statements as specified (see sample attached).
8.7 A description of your training, recognition and retention programs for employees, supervisors and managers.
8.8 A description, in detail, of your sanitation, preventive maintenance, replacement of worn and/or malfunctioning equipment and equipment
upgrade programs.
8.9
Your proposed plans for advertising, merchandising and promotions for the first year of the contract and future potential years of the
contract, including marketing programs and menu features and schedules for implementation. Include community involvement activities.
8.10 A list of all products, portion size you will offer this account including general merchandiser products/pricing and a plan o gram for each
machine.
8.11 Describe in general terms your approach to meet the service requirements of this contract including regular academic year, evenings,
weekends, break periods, emergencies and frequency of delivery to each location.
8.12 Describe any strategic alliances or partnerships that may benefit the University.
8.13 Other such information as the bidder deems pertinent for consideration by the University.
8.14 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.
8.15 The 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.
28
9.0 BID SUBMITTAL FORM FOR VENDING COLD BEVERAGE AND SNACK FOOD SERVICES
Subject: Vending for the University of Wisconsin - Green Bay
We, the undersigned, in compliance with the Request for Bid Number JS-10-2300 for Vending Cold Beverage and Snack Food Services dated May 11,
2010, hereby bid the following commissions and guarantees to the University of Wisconsin for vending machine net sales (gross sales less state and local
taxes) as follows. In making these bids 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 Itemized Commissions, Guarantee
9.1 Itemized Commissions, Guarantee
9.2
Type of Machine
Group Award
Split Group
Award
Split Group
Award
9.1.1 Soft Drinks - Canned and Bottled
______________
________________
9.1.2 Cold Beverages,
_________
________________
9.1.3 Snacks
______________
_______________
9.1.4 Cold Foods (GM) – includes ice cream
______________
_______________
Or we guarantee a MAXIMUM ANNUAL GUARANTEE, whichever is greater.
9.2.1 The contractor, at its option,
may elect to quote a lower
annual guarantee
Group Award
$
Split Group
$
Split Group
$ ________
$
$
$__________
Split Group
Split Group
Note: Do not make an entry on this option unless a lower maximum 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_______ ZIP ______________
TELEPHONE
Email ________________________________
FEIN _________________________________
29
SCHEDULE A
Vending Equipment Distribution - University of Wisconsin - Green Bay
Machine
On Campus
Now
Required
Total NET Sales
2008 to 2009
YTD
July09-March10
Soft Drink – Canned
Bottles
1
19
1
20
$ 4,423.05
$110,994.35
$ 3,448.25
$ 61,364.60
Combo, Candy, Snacks, 15
Pastry, Desserts
Candy, Mints, Gum
16
$ 81,006.78
$ 49,427.65
Coffee/Chocolate
3
$ 10,535.58
$ 6,806.55
General Merchandiser 6
(Sandwiches, Salads)
6
$ 10,410.45 (food) $ 8,075.45
$ 19,567.41 (beverage) $18,642.45
Ice Cream
1
1
$ 3,221.05
Micro Ovens
4
5
TOTAL
49
52
Juice NA including water, Isotonics
3
30
$ 1,744.45
SCHEDULE B
Location and Description of Required Vending Equipment
University of Wisconsin - Green Bay
Type of Machine (08/09 Total Sales)
Location
Studio
(SA)
Soft Drink
Cans – 12 oz
Arts
Soft Drink
Bottles – 20
oz.
Cold
Beverages
Bottles – 20
oz.
Coffee
1 ($5182.95)
1 ($6741.90)
1 ($3527.55)
1 ($3338.95)
Gen. Mer.
Microwave
TOTALS
Snack
1
($10,354.60)
1*
($4414.81Bev,
$2048.14Food)
1
6
1 ($6803.45)
1 ($5032.90)
1 ($3599.95
– Bev)
1 (addition)
5
Haevers Hall
(THH)
1 ($3311.85)
1*
($1844.65)
2
Liebl
Hall
(RLH)
1*
($2407.80)
1*
($1532.65)
2
Thompson
Hall (ETH)
1 ($3236.60)
1*
($2096.20)
2
Pamperin
Hall (new)
(TPH)
1(addition)
1 (addition)
2 (additions)
Res
Life
Community
Center (RL)
1
($10,727.80)
1 ($7852.65)
1 ($3995.10Bev,
$1284.65Food)
1
4
University
Union (UU)
Wood
(WH)
Hall
Cofrin
Library (CL)
1 ($4423.05)
1*
($4170.75)
1*
($6272.80)
1*
($2722.28)
1*
($8009.71)
1*
($3201.22Bev,
$834.29Food)
1*
6
1 ($5223.50)
1 ($8776.70)
1 ($4285.75)
2 ($8655.51
& $5841.90)
1 ($4857.35Food Only
&1*
$3221.05 –
Ice Cream
Only)
1
9
Lab Sciences
(LS)
1*
($2167.55)
1*
Environment
al Sciences
(IS-ES)
1 ($7195.60)
1 ($6680.60)
2
($2148.76)
31
2
Location
Soft Drink
Cans – 12 oz
Soft Drink
Bottles – 20
oz.
Cold
Beverages
Bottles – 20
oz.
Coffee
Gen. Mer.
MAC Hall
2 ($9498.55
&
$12,966.25)
1
($11,808.40)
Roy
Downham
Hall (RDH)
1 ($4800.10)
1 ($4353.70)
Robishaw
Hall (JRH)
1*
($2764.35)
1*
Harden Hall
(DHH)
1*
($3398.75)
1*
TOTALS
1
4
16
Microwave
TOTALS
Snack
3
1 ($4359.29Bev,
$1383.06Food)
3
2
($1800.70)
2
($1660.50)
3
16
Note: * Update equipment 2004 model or newer – all other equipment new
32
6 GM + 1
Ice Cream
5
52
SCHEDULE C
University of Wisconsin -Green Bay
Prepared by: Rick Warpinski
Date
In an effort to provide the potential bidders with pertinent facts about the University, the following information shall be accumulated and held.
At the time of the bidders survey the University, copies of this information shall be made available to each prospective bidder. Additional data
and information may be requested by the contractor at that time.
The statistical data provided in this Schedule does not constitute terms of the resulting contract. The data is included for informational purposes
only.
1. List of class times for the academic year and summer school.
2. Copy of the University calendar.
3. A campus map.
4. Schedule of days of required operation by location, including periods when vending Cold Beverage and Snack Food Services is not required
during the academic year and summer session. Schedule of locations requiring service on weekends and prior to the start of classes each day
during the academic year and summer school.
5. Summary spread of revenues by location and equipment category for fiscal 2008-2009 and fiscal year to date.
6. Estimated University population
a. Student Enrollment 2009-2010
First Semester
6,392
Second Semester
6,194
Summer Session
3,476
b. Faculty and Staff
Academic Year
819
Summer Session
7. Residence Halls Occupancy
a. Programmed Capacity 2087 (Fall 2010)
b. –2008-2009 Occupancy 1961
c. Est. –2010-2011 Occupancy 2087
8. What are the campus objectives for vending Cold Beverage and Snack Food Services? What future changes should take place in the areas of
vending Cold Beverage and Snack Food Services?
Provide snacks and beverages that are of high quality and interest to the campus community to meet their needs. Ensure that all transactions
process properly and handle any customer issues or complaints with integrity and the highest level of customer service. Vending should
remain responsive to current trends, make routine changes to product mix and look of each machine, and develop methods and systems by
which the vending business can grow while still meeting the needs of the university with fair pricing and convenient service locations.
33
9. The University is currently receiving the following commissions and guarantees.
Soft Drink
22 %
Candy, Nuts, Gum
Snacks, Pastries
26 %
Hot Beverages
Natural Juices
Soups, Stews
Salads, Desserts,
Sandwiches, milk
Ice Cream Machine
30%
22%
30%
22%
The minimum annual guarantee is $45,000
Other
$
10. For the purpose of bid evaluation, the University projects itemized net sales for 2010 – 2011 fiscal year and subsequent years of the contract
as follows:
Net Vending Sales
Item Category
Net Sales
1. Soft Drink
Can/bottle (includes GM beverages)
6.
$135,000.00
2. Juice
$ (included in #1 above)
3. Candy, Snacks, Pastry
$85,000.00
4. Coffee, Chocolate, Broth
$11,000.00
5. Salads, Desserts, Sandwiches
Soups, Stews, Milk (GM)
$11,000.00
Ice Cream
$3,000.00
TOTAL SALES
$245,000
34
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 proper means by, other persons who can obtain economic value from its disclosure or use.
2. 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
___________________________________________
Signature
Authorized Representative
___________________________________________
Type or Print
Date
___________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities.
35
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