UNIVERSITY OF WISCONSIN SYSTEM REQUEST FOR PROPOSAL (RFP) PS-14-2329

UNIVERSITY OF WISCONSIN SYSTEM REQUEST FOR PROPOSAL (RFP) PS-14-2329
RFP PS-14-2329
UNIVERSITY OF WISCONSIN SYSTEM
REQUEST FOR PROPOSAL (RFP) PS-14-2329
EXCLUSIVE SOFT DRINK POURING RIGHTS AND VENDING RIGHTS
DATE OF ISSUE: March 3, 2014
PROPOSAL DUE DATE: April 10, 2014 2:00 PM (CST)
1
RFP PS-14-2329
State of Wisconsin
DOA-3261 (R08/2003)
s.16.75, Wis. Statutes
PROPOSALS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
University of Wisconsin System
Administration
Office of Procurement
780 Regent Street, Suite 105
Madison, WI 53715
REQUEST FOR PROPOSAL
Proposal envelope must be sealed and plainly marked in lower corner with due date and
Request for Proposal #PS-14-2329. Late proposals will be rejected. Proposals MUST
be date and time stamped by the soliciting purchasing office on or before the date and
time that the proposal is due. Proposals dated and time stamped in another office will be
rejected. Receipt of a proposal by the mail system does not constitute receipt of a
proposal by the purchasing office. Any proposal which is inadvertently opened as a result
of not being properly and clearly marked is subject to rejection. Proposals must be
submitted separately, i.e., not included with sample packages or other proposals.
Proposal 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. Proposer should contact person named below for an appointment to view the
proposal record. Proposals shall be firm for acceptance for sixty (60) days from date of
proposal opening, unless otherwise noted. The attached terms and conditions apply to
any subsequent award.
Proposals MUST be in this office no later than
THIS IS NOTAN ORDER
Public
Opening
April 10, 2014 2PM CST
PROPOSER (Name and Address)
No Public
Opening X
Name (Contact for further information)
Paul D. Schlough
Phone
Date
608-265-0557
March 3, 2014
Quote Price and Delivery FOB
N/A
Description
REQUEST FOR PROPOSAL (RFP): Exclusive Soft Drink Pouring Rights and Vending Rights
for the University of Wisconsin La-Crosse
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.
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 proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in
restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently
arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to
any other proposer or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Proposal and all terms of our proposal.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Title
Date
Phone
(
)
Fax
(
)
Federal Employer Identification No.
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
2
Social Security No. if Sole
Proprietor (Voluntary)
RFP PS-14-2329
Table of Contents
Section A ........................................................................................................................................................................9
1
General Information .........................................................................................................................................9
1.1
Introduction .................................................................................................................................................9
1.2
Background ..................................................................................................................................................9
1.3
Definitions ..................................................................................................................................................10
1.4
Scope of Work (Contract) ...........................................................................................................................11
1.5
Cash Rights Fees .........................................................................................................................................12
1.6
Annual Sponsorship Opportunities ............................................................................................................12
1.7
Calendar of Events/Time Table ..................................................................................................................12
1.8
Fixed Offer Period ......................................................................................................................................12
1.9
Procuring and Contracting Agency .............................................................................................................12
1.10
Clarification and/or Revisions to the Specifications and Requirements ................................................12
1.11
Reasonable Accommodations ...............................................................................................................13
1.12
Contract Term ........................................................................................................................................13
1.13
VendorNet Registration .........................................................................................................................14
2
Proposal ..........................................................................................................................................................14
2.1
University Shall Provide .............................................................................................................................14
2.2
Proposer Shall Provide ...............................................................................................................................14
3
Preparing and Submitting Proposal ................................................................................................................15
3.1
General Instructions ...................................................................................................................................15
3.2
Inspection of Premises ...............................................................................................................................15
3.3
Incurring Costs ...........................................................................................................................................15
3.4
Submitting the Proposal .............................................................................................................................15
3.5
Proposal Organization and Format ............................................................................................................16
3
RFP PS-14-2329
3.6
Proposed Contract for Exclusive Soft Drink Pouring Rights and Vending Pouring Rights ..........................18
3.7
Proprietary Information .............................................................................................................................18
4
Mandatory General Requirements (Written Response Required) .................................................................19
4.1
Name and Address .....................................................................................................................................19
4.2
Reference List and Reference Contact Information ...................................................................................19
4.3
Historical Background and Capabilities Documentation ............................................................................19
4.4
Description of Claims or Lawsuits ..............................................................................................................19
4.5
Bank References .........................................................................................................................................20
4.6
Written Agreement to Terms .....................................................................................................................20
5
Value Added Items – (Written Response Required) .......................................................................................20
5.1
Cost Proposal: Cash Rights Fee .................................................................................................................20
5.2
Cost Proposal: Post-Mix and Canned/Bottled Beverage ..........................................................................20
5.3
Cost Proposal: Vended Soft Drinks ............................................................................................................20
5.4
Cost Proposal: Athletic and Non Athletic & Marketing Sponsorship Opportunities Fee .........................20
5.5
Equipment and Service ..............................................................................................................................21
5.6
Athletic Sponsorship and Non-Athletic & Marketing Sponsorship Opportunities .....................................23
6
Proposal Acceptance and Award ....................................................................................................................23
6.1
Preliminary Review ....................................................................................................................................23
6.2
Right to Reject Proposals ...........................................................................................................................24
6.3
Proposal Review .........................................................................................................................................24
6.4
Review Criteria ...........................................................................................................................................24
6.5
Award and Final Offer ................................................................................................................................26
6.6
Notification of Intent to Award ..................................................................................................................26
6.7
Executed Contract to Constitute Entire Agreement ..................................................................................26
6.8
Dispute Process ..........................................................................................................................................26
Section B ......................................................................................................................................................................27
1
Parties To The Contract ..................................................................................................................................27
4
RFP PS-14-2329
2
Applicable Law ................................................................................................................................................28
3
Term of Contract ............................................................................................................................................28
4
Excused Performance .....................................................................................................................................28
5
Disclosure .......................................................................................................................................................28
6
Minority Business ...........................................................................................................................................28
7
Incorporation of Documents ..........................................................................................................................29
8
News Releases ................................................................................................................................................29
9
Insurance Requirements.................................................................................................................................29
10
Performance Bond or Irrevocable Letter of Credit ........................................................................................30
11
Promotional Materials ...................................................................................................................................31
12
Hold Harmless ................................................................................................................................................31
13
Nondiscrimination and Affirmative Action .....................................................................................................31
14
Safety ..............................................................................................................................................................32
15
Vending Cold Beverage Service Specifications ...............................................................................................32
15.1
16
Vending Beverage Service......................................................................................................................32
General Conditions .........................................................................................................................................35
16.1
Service Requirements ............................................................................................................................35
16.2
Personnel, Employment and Staffing ....................................................................................................37
16.3
Fiscal and Accounting Requirements .....................................................................................................39
16.4
Products, Ordering and Delivery Requirements ....................................................................................46
16.5
Pricing ....................................................................................................................................................47
17
Equipment Requirements ...............................................................................................................................48
17.1
Specified Equipment ..............................................................................................................................48
17.2
Equipment Location and Installation .....................................................................................................48
17.3
New And Updated Equipment ...............................................................................................................49
17.4
Required Number of Equipment Review ...............................................................................................50
17.5
Equipment Maintenance for Life of Contract ........................................................................................50
5
RFP PS-14-2329
17.6
Equipment Compliance with Safety Requirements ...............................................................................50
17.7
Installation of New Technology .............................................................................................................50
17.8
Installation of Debit Card Readers on Vending Equipment ...................................................................50
17.9
Monthly Reporting of Debit Card and Cash Sales by Equipment and Location .....................................51
17.10
Utilities Responsibility............................................................................................................................51
17.11
Equipment Ownership ...........................................................................................................................51
17.12
Equipment Operation ............................................................................................................................51
17.13
Rate Service Attendants ........................................................................................................................51
17.14
Equipment Operating Instructions ........................................................................................................51
17.15
Refunds and Malfunction Reports .........................................................................................................52
17.16
Responsibility for Control of Keys, Proximity Cards and Security Procedures ......................................52
17.17
University Storage of Equipment after Contract Cancellation...............................................................52
17.18
Change Making Equipment ....................................................................................................................52
17.19
Manual Sale of Items .............................................................................................................................53
17.20
Removal of Equipment Upon Termination of Contract .........................................................................53
18
Equipment And Facilities Maintenance, Replacement and Sanitation...........................................................53
18.1
Premises, Equipment, Supplies and Facility Maintenance ....................................................................53
18.2
State of Wisconsin Inspector Access ......................................................................................................54
18.3
Preventative Maintenance Program ......................................................................................................54
18.4
Vending and Auxiliary Equipment Maintenance and Repair Service Requirements .............................55
18.5
Equipment Replacement Program .........................................................................................................55
18.6
New Industry Security ............................................................................................................................55
18.7
Floor Maintenance .................................................................................................................................55
18.8
Recycling ................................................................................................................................................56
18.9
Sanitary Trash Disposal Requirements ..................................................................................................56
18.10
Insect and Pest Control ..........................................................................................................................56
18.11
Loss of Equipment..................................................................................................................................57
6
RFP PS-14-2329
19
Contract Cancellation .....................................................................................................................................57
19.1
Contract Termination.............................................................................................................................57
19.2
Contract Breach .....................................................................................................................................57
19.3
Non-Appropriation of Funds ..................................................................................................................57
19.4
Failure to Maintain Insurance Requirements ........................................................................................57
20
Contract Administration .................................................................................................................................58
20.1
Campus Contract Administrator ............................................................................................................58
20.2
Contractor Administrator ......................................................................................................................58
21
Miscellaneous .................................................................................................................................................58
21.1
Separability ............................................................................................................................................59
21.2
Waiver ....................................................................................................................................................59
21.3
Amendments .........................................................................................................................................59
21.4
Adverse Interests ...................................................................................................................................59
21.5
Assignments ...........................................................................................................................................59
22
Counterparts...................................................................................................................................................59
23
Payment Schedule ..........................................................................................................................................59
24
Standard Terms and Conditions .....................................................................................................................59
Section C ......................................................................................................................................................................63
1
Attachment No. 1 – Contract Exclusivity Inclusion and Exclusion .................................................................63
1.1
Inclusions For The Exclusive Contract ........................................................................................................63
1.2
Exclusions For The Contract .......................................................................................................................64
2
Attachment No. 2 - Required Vending Equipment ........................................................................................65
2.1 - Vending Sales by Location ..............................................................................................................................66
3
Attachment No. 3 – Athletic Sponsorship Opportunities/Non-Athletic Sponsorship and Marketing
Opportunities...........................................................................................................................................................67
3.1
Athletic Sponsorship Opportunities ...........................................................................................................67
3.2
Non-Athletic Sponsorship and Marketing Opportunities ..........................................................................68
7
RFP PS-14-2329
3.3 Written Proposal of Athletic Sponsorship, Non-Athletic Sponsorship and Marketing Opportunities
Required ..............................................................................................................................................................68
4
Cost Proposal: Athletic and Non-Athletic & Marketing Sponsorship Opportunities Fees .............................70
4.1
Athletic Sponsorship Fee: (payable at contract signing and subsequent contract anniversaries) ...........70
4.2 Non-Athletic Marketing & Sponsorship Fee: (payable at contract signing and subsequent contract
anniversaries) ......................................................................................................................................................70
4.3
5
Aggregate (Athletic Sponsorship Fee + Non-Athletic Sponsorship fee)( 100pts): ......................................70
Cost Proposal: – Post-Mix and Canned/Bottled Beverage ............................................................................71
5.1
Brand Name and Flavors of Each Product .................................................................................................71
5.2
Cost Proposal Form (Price List) ..................................................................................................................71
6
Cost Proposal: Vended Soft Drinks (Attachment 6) ......................................................................................74
6.1
Vended Soft Drink Products .......................................................................................................................74
6.2
Commission Proposal: Vended Soft Drink Beverages ...............................................................................74
6.3
Option to Propose a Lower Minimum Annual Guarantee .........................................................................75
7
Cost Proposal – Cash Rights Fee (Attachment No. 7) .....................................................................................76
8
Attachment No. 8 - Vendor Information – DOA 3477 ..................................................................................77
9
Attachment No. 9 – Vendor Client Reference - DOA 3478 ............................................................................78
10
Attachment No. 10 – Bank Reference ............................................................................................................79
11
Attachment No. 11 – Terms and Conditions ..................................................................................................80
12
Attachment No. 12 Proposer Information ......................................................................................................80
13
Attachment No. 13 – Designation of Confidential and Proprietary Information DOA 3027 ..........................81
14
Attachment No. 14 – Vending Reader Requirements ....................................................................................82
15
Attachment No. 15. – Post Mix Equipment & Coolers ...................................................................................83
16
Attachment No. 16. – Campus Building Projects ............................................................................................86
17 Attachment No. 17 Affidavit ...............................................................................................................................87
8
RFP PS-14-2329
Section A
PROPOSAL RESPONSE REQUIREMENTS
1
General Information
1.1 Introduction
The University of Wisconsin System Administration is seeking proposals for the Exclusive Soft Drink
Pouring Rights and Vending Rights Business at the University of Wisconsin-La Crosse. The purpose of
this document is to provide interested parties with information to enable them to prepare and submit a
Request for Proposal (RFP) for Exclusive Soft Drink Pouring Rights and Vending Rights at the University of
Wisconsin-La Crosse.
The University of Wisconsin System Administration and the State of Wisconsin as represented by its
Department of Administration (DOA) intends to use the results of this solicitation to award a single
contract for Exclusive Soft Drink Pouring Rights and Vending Rights for the University of Wisconsin-La
Crosse on behalf of University of Wisconsin System and the University of Wisconsin Board of Regents.
No other University of Wisconsin System Institutions other than UW-La Crosse will be part of this
contract.
1.2 Background
The University of Wisconsin-La Crosse is a University of Wisconsin System Institution. The University of
Wisconsin System is one of the largest systems of public higher education in the country, serving more
than 181,000 students each year and employing more than 39,000 faculty and staff statewide. The
University of Wisconsin System is comprised of 13 four-year universities, 13 freshman-sophomore
campuses, and administrative offices for UW Colleges, state-wide university Extension, and University
System Administration offices. Together, these institutions are a tremendous academic, cultural, and
economic resource for the State of Wisconsin, the nation, and the world.
The University of Wisconsin-La Crosse invites you to join in creating a unique relationship with the
University. This relationship includes exclusive pouring rights for the fountain service and exclusive
vending rights for the winning Proposer. Pursuant to the terms of the contract and subject to the
exclusions, no competitive products or related items including, but not limited to, cups or premium
items, shall be made available, sampled, advertised and/or promoted at or by UW-La Crosse. The
University’s general goal is to improve beverage service and increase net revenues by maximizing the
availability of product, offering marketing and sales opportunities and developing strategies that benefit
the University of Wisconsin-La Crosse and the beverage provider. It is anticipated that an exclusive, a
seven year agreement for beverages will provide additional revenue to support Institutional programs.
9
RFP PS-14-2329
1.3 Definitions
As used in this proposal, the following terms, whether used in the singular or plural, shall have the
following meanings:
Athletic Department: Means the NCAA Division III program of the University of Wisconsin-La Crosse.
Cash Rights Fee: Cash payment offered by a Proposer to obtain exclusive soft drink pouring rights and
vending rights at the University of Wisconsin-La Crosse over the time period covered by this contract.
Contract: The written agreement that will be entered into by the University and the successful proposer
and will be based on the PROPOSED CONTRACT FOR EXCLUSIVE SOFT DRINK POURING RIGHTS AND
VENDING RIGHTS, ATHLETIC SPONSORSHIP FEE AND NON-ATHLETIC SPONSORSHIP FEE.
Debit Card Readers: Vending Transaction Device as supplied by CBORD.
Dining Service, Athletic Department and campus Venues: The locations specified in Section C,
Attachment No. 1.1.
Equipment and Service: The equipment specified in Section B, Numbers 16 & 17 and shall include any
services described therein.
Exclusive Soft Drink Pouring Rights and Vending Rights: The exclusive right to designate the brand of
soft drink, isotonic beverages, teas, energy drinks, bottled waters, canned/bottled cold coffee and
canned/bottled juices & juice drinks (not dispended or poured juices, dairy drinks or milk) to be served,
sold, vended or otherwise made available on campus by the University of Wisconsin-La Crosse. This
does not include off campus individual purchase for use in campus residences or personal offices. If the
contractor is unable to provide a particular product to meet consumer demand (i.e. 100% natural juice
drink, etc.), the University reserves the right to provide a product from a vendor other than the
contractor.
Fiscal Year: A consecutive twelve (12) month period commencing on July 1 and ending on June 30.
Isotonic Beverages: Beverages commonly referred to as “sport drink” beverages.
Proposal: The package on which the Proposers will propose and is more fully described in Section A,
Item 2. Proposal requested herein.
Proposer: An entity submitting a Proposal in response to this Request For Proposal (RFP) in accordance
with the requirements specified herein.
Soft Drink Beverages: All carbonated and non-carbonated soda and bottled or canned beverages
including soda, waters, teas, energy drinks, juice/juice blends, cold coffee and isotonic beverages.
Exceptions include, but are not limited to: all alcoholic and non-alcoholic beer, liquor, and wine
beverages, milk, tap water, hot chocolate and the following dispensed or poured items: juices, juice
blends, dairy drinks, hot and iced coffees and teas.
10
RFP PS-14-2329
Sponsorship Opportunities: Any, all, or any combination thereof, of the sponsorship opportunities
specified in the sponsorship Opportunities Section C, Attachment No. 3.
University: The Board of Regents of the University of Wisconsin system on behalf of the University of
Wisconsin-La Crosse.
UW-La Crosse Campus Venues: All University owned acreage including, but not limited to any and all
athletic facilities, business offices, residence halls, classrooms, classroom laboratories, restaurants,
dining halls, concession areas, retail food outlets, student centers and any and all other buildings or
facilities which currently comprise the University of Wisconsin-La Crosse campus or which may be
acquired or constructed during the term of this agreement and which are operated by or in conjunction
with the campus, except where specifically excluded. Please note that the La Crosse Medical Health
Science Consortium Building (HSC) is not owned by the University and reserves the right to determine
the vendor and products utilized within the building. Currently, there are two vending machines at the
HSC location operated by an independent vendor.
Vending Venues: All soft drink beverage vending machines specified in Section C, Attachment No. 2.
1.4 Scope of Work (Contract)
The University Procurement Office, on behalf of the University of Wisconsin-La Crosse, desires to obtain
written proposals from companies who wish to obtain Exclusive soft Drink Pouring rights and vending
rights for certain related Sponsorship Opportunities for the University of Wisconsin-La Crosse campus
facilities for the contract period specified herein. In general and in addition to other needs specified
herein, Proposer is requested to submit a Proposal as described in Section A, Item 2.
In return for the specified Exclusive soft drink pouring rights and certain Related Sponsorship
Opportunities offered to the Proposer, the Proposer shall provide the University of Wisconsin-La Crosse
certain equipment, services, fees and pricing guarantees. Each Proposer may also include in their
Proposal any other items, such as programs, innovations, or resources that it believes would benefit the
University of Wisconsin-La Crosse.
The University shall only consider Proposals from financially responsible firms presently engaged in the
business of manufacturing, distributing or selling, or licensing the right to manufacture, distribute or sell
soft Drink beverages available on a nationwide basis and providing support services in conjunction
therewith.
Information submitted by each proposer will determine which Proposal will best serve the University.
Failure of successful Proposer to accept any items of its Proposal as part of the Contract may result in
cancellation of the award.
11
RFP PS-14-2329
1.5 Cash Rights Fees
A Cash rights Fee is required to be paid to the University of Wisconsin-La Crosse for exclusive soft drink
pouring rights for a seven (7) year period at the beginning of the contract, August 15, 2014 through June
30, 2015 for the first year of the contract and July 1st at each subsequent contract anniversary.
1.6 Annual Sponsorship Opportunities
An Annual Athletic Sponsorship Fee and Non-Athletic Sponsorship Fee will be paid to the University of
Wisconsin-La Crosse for Athletic Sponsorship Opportunities and Non-Athletic Sponsorship Opportunities
for a seven (7) year period at the beginning of the contract, August 15, 2014 through June 30, 2015 for
the first year of the contract and July 1st at each subsequent contract anniversary.
1.7 Calendar of Events/Time Table
Listed below are specific and estimated dates and times of actions related to this Request for Proposal
(RFP). The actions with specific dates must be completed as indicated unless otherwise changed by the
University. In the event that the University finds it necessary to change any of the specific dates and
times in the calendar of events listed below, it will do so by issuing a supplement to this RFP. There may
or may not be a formal notification issued for changes in the estimated dates and times.
DATE
EVENT
March 3, 2014
March 5, 2014-March 20, 2014
March 21, 2014
March 28, 2014
April 10, 2014
May 5, 2014-August 14, 2014
August 15, 2014
Date of issue of the RFP.
Site Inspection by Appointment
Last day for submitting written inquires.
Written inquiries and responses posted to VendorNet.
Proposals due from vendors.
Conversion/Implementation Period
Contract start date.
1.8 Fixed Offer Period
All Proposals submitted to obtain Exclusive Soft Drink Pouring rights, Vending Rights and Related
sponsorship Opportunities shall remain fixed and valid for acceptance for a ninety (90) day period
starting on the Proposal due date, April 10, 2014.
1.9 Procuring and Contracting Agency
The University of Wisconsin-La Crosse issues this Proposal, which is the sole point of contact for the
University of Wisconsin during the selection process. The person responsible for managing the
procurement process is Paul D. Schlough, Procurement Specialist Senior, University of Wisconsin System
Administration Office of Procurement.
1.10
Clarification and/or Revisions to the Specifications and Requirements
Any questions concerning this RFP must be submitted in writing on or before March 21, 2014 to:
12
RFP PS-14-2329
Paul D. Schlough, Procurement Specialist Senior
[email protected]
Questions regarding this RFP should reference “RFP PS-13-2329 Question” in the subject line.
Vendors are expected to raise any questions or exceptions they have concerning the RFP DOCUMENT
at this point in the RFP process. If a vendor discovers any significant ambiguity, error, conflict,
discrepancy, omission, or other deficiency in this RFP, the vendor should notify immediately the above
named individual of such error and request modification or clarification of the RFP.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise
any part of this RFP, revisions/amendments and/or supplements will be provided to all recipients of this
initial RFP.
Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this
RFP and any supplements or revisions thereof.
If a Proposer fails to notify the University prior to the Proposal due date of a known error in the Proposal
(an error that reasonably should have been known to the Proposer) and a contract is awarded to that
Proposer, the Proposer shall not be entitled to additional compensation or time by reason of the error
or its correction.
Any contact with University employees concerning this RFP is prohibited, except as authorized by the
RFP manager during the period from date of release of the RFP until the notice of intent to contract is
released.
1.11
Reasonable Accommodations
The University will provide reasonable accommodations, including the provision of informational
material in an alternative format, for qualified individuals with disabilities upon request. If you think you
need accommodations at a proposal meeting/vendor conference, contact Paul D. Schlough at (608) 2650557.
1.12
Contract Term
The contract shall be effective on the date indicated on the contract and shall run through June 30, 2015
with six (6) automatic one year renewal options. This contract shall automatically be extended into the
next optional period unless either party notifies the other, in writing, one hundred and twenty (120)
calendar days prior to the expiration of the initial or succeeding contract terms.
The University may discontinue this contract, in whole or in part, without penalty at any time due to
non-appropriation of funds.
13
RFP PS-14-2329
1.13
VendorNet Registration
The State of Wisconsin’s purchasing information and vendor notification service is available to all
businesses and organizations that want to sell to the state, including the University of Wisconsin System.
Anyone may access VendorNet on the Internet at
http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and
services that the state buys, and tips on selling to the state, including the University of Wisconsin
System. Vendors may use the same Web site address for inclusion on the bidders list for goods and
services that the organization wants to sell to the state. Registration, which is free, guarantees the
organization will receive an e-mail message each time a state agency, including any campus of the
University of Wisconsin System, posts a request for bid or a request for proposal in their designated
commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access
may receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post
simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid
opportunities.
2
Proposal
In order to meet the current needs of the University of Wisconsin-La Crosse, the Proposal presented is
to consist of Exclusive Soft Drink Beverages Pouring rights and Vending rights for University of
Wisconsin-La Crosse for seven (7) year period, and include a Sponsorship Program for the UW-La Crosse
Athletic Department.
2.1 University Shall Provide
The University of Wisconsin-La Crosse shall provide the following to Proposer:



Exclusive Soft Drink Beverages Pouring rights and Vending Rights for the University of
Wisconsin-La Crosse campus for the Contract Period.
University of Wisconsin-La Crosse campus Non-Athletic & Marketing Sponsorship
Opportunities specified in Section C, Attachment No. 3 and Athletic Sponsorship
Opportunities specified in Section C, Attachment No. 3 for the Contract Period.
The University reserves the right to negotiate exclusivity for the campus with the contractor.
2.2 Proposer Shall Provide
The Proposer Shall Provide:


The equipment and services for the University of Wisconsin-La Crosse specified in Section A,
Item 5.5, for the contract period.
Payment to the University of Wisconsin-La Crosse for the Contract Period and pursuant to
the payment terms set forth in Section, the applicable Cash rights Fee specified in Section C,
Attachment No. 7.
14
RFP PS-14-2329




3
Payment to the University of Wisconsin-La Crosse vending commissions at or above
commissions as listed in Section C, Attachment No. 6.
Guarantee prices for bottled and canned beverages at or below prices as listed in Section C,
Attachment No. 5.
Payment of Non-Athletic & Marketing Sponsorship Fee to the University of Wisconsin-La
Crosse for non-athletic sponsorship opportunities as listed in Section C, Attachment 4.
Payment of Athletic Sponsorship Fee to the University of Wisconsin-La Crosse for Athletic
Sponsorship opportunities as listed in Section C, Attachment No. 4.
Preparing and Submitting Proposal
3.1 General Instructions
The evaluation and selection of a contractor and the contract will be based on the information
submitted in the vendor's proposal plus references and any required on-site demonstrations or oral
interviews. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a
response.
NOTE: Elaborate proposals (e.g., expensive artwork), beyond that sufficient to present a complete
and effective proposal, are not necessary or desired.
3.2 Inspection of Premises
Proposers are invited to inspect the project site completely between the dates of March 5, 2014 and
March 20, 2014 by appointment prior to submitting the Proposal in order to determine all needs
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 Proposers are to contact:
Mike Gasper, Assistant to the Vice Chancellor of Administration and Finance
Telephone: (608) 785-6494
Email: [email protected]
3.3 Incurring Costs
The University is not liable for any cost incurred by proposers in replying to this RFP.
3.4 Submitting the Proposal
Seven (7) hard copies of the completed proposals, including the signed original, may be mailed,
delivered by Proposer or by a third-party/courier service in a sealed envelope or package with the RFP
15
RFP PS-14-2329
number on the outside. One (1) copy of the proposal must be submitted on a USB Flash Drive.
Proposals must be received and date/time stamped prior to 2:00 p.m. CST on the stated proposal due
date. Proposals not so date/time stamped shall be considered late. Late proposals shall be rejected.
Proposals must be delivered to:
Paul D. Schlough
Procurement Specialist Senior
University of Wisconsin System Administration’s Office of Procurement
780 Regent St., Suite 105
Madison, WI53715
Receipt of a proposal by the University mail system does not constitute receipt of a proposal by the
Purchasing Office, for purposes of this RFP.
To ensure confidentiality of the document, all proposals must be packaged, sealed and show the
following information on the outside of the package:




Proposer's name and address
Request for proposal title (RFP: Exclusive Soft Drink Pouring Rights and Vending Rights for
UW-La Crosse)
Request for proposal number (PS-14-2329)
Proposal due date April 10, 2014 2:00 PM CST
An original plus 1 copy of the Cost Proposal (Section C, Attachment No. 4, 5, 6 and 7) must be sealed
and submitted as a separate part of the proposal. The outside of the envelope must be clearly labeled
with the words “Cost Proposal, RFP (Name of RFP)” and name of the vendor and due date. The cost
proposal is due to the addressee on the due date and time noted above. One (1) copy of the cost
proposal must also be submitted on USB Flash Drive.
3.5 Proposal Organization and Format
Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be
organized and presented in the order and by the number assigned in the RFP. Proposals must be
organized with the following headings and subheadings. Each heading and subheading should be
separated by tabs or otherwise clearly marked. The RFP sections which should be submitted or
responded to are:
3.5.1
Cover Sheet (DOA-3261)
The cover page DOA-3261 (found on page number 2 of this Request for Proposal (RFP) must be
completed by the proposer and submitted with the Proposal.
16
RFP PS-14-2329
3.5.2
Section A, No. 4 .0 Mandatory Requirements
Written responses shall be identified by each section number and letter and in numerical order Section
A, No. 4.0, Items 4.1 through 4.6). (Includes Section C Attachments Numbers 8, 9, 10, 11)
3.5.3
Section A, No.5.0 Desired and Value Added Items.
Proposers are to describe in detail their Proposal to meet each requirement. Written responses shall be
numbered and in the stated order Section A, Item 5.0, Items 5.1 through 5.6. (Includes Section C
Attachments Numbers 2, 3, 4,5,6,15.)
3.5.4
Section C, Attachment No. 9Proposer References
Proposers are required to provide Vendor Client References as described in Section C, Attachment No. 9.
3.5.5
Section C, Attachment No. 10 Bank References (Financial Stability)
Proposers are required to submit Bank References as described in Section C, Attachment No. 10
3.5.6
Section C, Attachment No. 4 Product Pricing and Beverage List: Cost Proposal
Proposers are required to complete and submit the Product Pricing and Beverage List Cost Proposal.
Failure to provide any requested information in the prescribed format may result in disqualification of
the proposal. No mention of the cost proposal may be made in the response to the general or technical
requirements of this Request for Proposal. (Section C, Attachments No. 4, 5, 6 and 7 must be submitted
together in a separate sealed envelope)
3.5.7
Section C, Attachment No. 6 Vended Soft Drinks: Commission Proposal
Proposers are required to complete and submit the Vended Soft Drinks Commission Proposal and
Annual Guarantee. Failure to provide any requested information in the prescribed format may result in
disqualification of the proposal. No mention of the commission proposal/cost proposal may be made in
the response to the general or technical requirements of this Request for Proposal. (Section C,
Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)
3.5.8
Section C, Attachment No. 7 Cash Rights Fee
Proposers are required to complete and submit the Cash Rights Fee Proposal. Failure to provide any
requested information in the prescribed format may result in disqualification of the proposal. No
mention of the cost proposal may be made in the response to the general or technical requirements of
this Request for Proposal. (Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a
separate sealed envelope)
17
RFP PS-14-2329
3.5.9
Section C, Attachment No. 3 Athletic Sponsorship/Athletic Sponsorship Opportunities
Proposers are required to complete and submit the Athletic Sponsorship/Athletic Sponsorship
Opportunities documentation identifying marketing sponsorship assistance.
3.5.10 Section C, Attachment No. 3Non-Athletic & Marketing Sponsorship Opportunities
Proposers are required to complete and submit the Non-Athletic Sponsorship/Non-Athletic Sponsorship
Fee documentation identifying marketing sponsorship assistance.
3.5.11 Section C, Attachment No. 4 Athletic and Non-Athletic &Marketing sponsorship
Opportunities Fees
Proposers are required to complete and submit the Non-Athletic Sponsorship/Non-Athletic &
Marketing Sponsorship Fee documentation identifying marketing sponsorship assistance. Items 4.1 and
4.2.
3.5.12 Section C, Attachment No. 11 Terms and Conditions.
Proposers are required to agree to the Terms and Conditions established in the Request for Proposal
and the Proposal submission.
3.5.13 Section C, Attachment No. 13. Designation of Confidential and Proprietary Information
(DOA-3027)
Proposers are required to name/document/identify all proprietary and confidential information.
3.5.14 Section C, Attachment No. 8 Vendor Information (DOA-3477)
Proposers are required to document specific vendor information requested on the DOA 3477
form as requested in Section C, Attachment No.8.
3.5.15 Section C, Attachment No. 17 Affidavit
Proposers are required to complete the Affidavit Form - Section C, Attachment No. 17.
3.6 Proposed Contract for Exclusive Soft Drink Pouring Rights and Vending Pouring Rights
The PROPOSED CONTRACT in Section B provides the terms and conditions the University expects to be
in the contract between the University and the successful Proposer. Any changes to a proposed term or
condition a Proposer wishes the University to consider must be submitted with the Proposal. The
University, in its sole discretion, may modify any portion of this proposed contract.
3.7 Proprietary Information
As the University is a state agency, any restrictions on the data contained within a Proposal submitted
must be clearly stated on the Proprietary Form, Section C, Attachment No. 13. Proprietary information
18
RFP PS-14-2329
submitted will be handled in accordance with applicable State of Wisconsin law. It is the Proposer’s
responsibility to defend the determination in the event of an appeal or litigation. Data, documentation
and innovations contained in the Proposal become the property of the University. Excessive designation
of information as proprietary may result in disqualification of your Proposal.
4
Mandatory General Requirements (Written Response Required)
The Proposers response to this subsection must clearly demonstrate the capacity to handle the needs
stated in this Proposal in addition to the Proposer’s current workload. The University reserves the right
to request supplementary information deemed pertinent to assure Proposers competence, business
organization, and financial resources are adequate to successfully perform services.
Provide on company letterhead a concise, detailed description of the following:
4.1 Name and Address
Name and Address of your operating firm. Names of owners or principles of your Firm. If a corporation,
provide date of incorporation and President’s name. If other than corporation or partnership, describes
organization and name of principals. If individual or partnership, provide date of organization and name
and address of all partners (state whether general or limited partnership). Complete and return Vendor
Information Form Section C, Attachment No. 8.
4.2 Reference List and Reference Contact Information
Provide name, address and phone number of contact person from at least three locations where you
provide soft drink products and services to universities of similar size to the University of Wisconsin-La
Crosse and/or beverage service to relevant commercial or institutional dining operations of similar size
to the University of Wisconsin-La Crosse campus. Complete and return Section C, Attachment No. 9.
The University will determine which, if any, references to contact to assess the quality of work
performed and personnel assigned to the project. The results of the references will be provided to the
review committee and used in reviewing the Proposal.
4.3 Historical Background and Capabilities Documentation
Provide historical background and capabilities of your company with special emphasis on your ability or
your licensee’s or other agent’s ability to provide Soft Drink Beverages, equipment for serving and
dispensing the Soft Drink beverages and related support services to facilities of comparable size and
complexity to the University of Wisconsin-La Crosse and its Dining Service Venues.
4.4 Description of Claims or Lawsuits
List and describe any claims or lawsuits that have been made against your company for nonperformance or inadequate performance as a provider of beverages and related services or as a licensee
or recipient of other similar rights to pour and/or sell your brand of beverages at an athletic or dining
service facility or other similar facility, building or event.
19
RFP PS-14-2329
4.5 Bank References
List three bank references with which your firm is currently transacting business. Complete and return
Section C, Attachment No. 10.
4.6 Written Agreement to Terms
Describe your firm’s willingness to agree to as written the terms and conditions specified in section B,
Proposed Contract for Exclusive soft Drink Pouring Rights and Vending rights. Describe your firms
approach to meeting these written terms and conditions. Complete and return Section C, Attachment
No 11.
5
Value Added Items – (Written Response Required)
Provide a written response for each item identified in 5.1 through 5.6, by each number and in the
numbered order. If a response cannot be made to the Proposal on a particular item number, respond
with the answer “N/A” or Explain in detail.
5.1 Cost Proposal: Cash Rights Fee
The Cash Rights Fee will be part of the Net Proposal Value. Complete Section C., Attachment No. 7 and
include with your response.
5.2 Cost Proposal: Post-Mix and Canned/Bottled Beverage
Product Pricing for Post-Mix and Canned/Bottled Beverages must be at the levels designated in Section
C, Attachment No. 5 or less. Complete Section C, Attachment No.5 and include with your response.
The University of Wisconsin-La Crosse shall be allowed to purchase the winning Proposers products at or
below the prices as listed in Section C, Attachment No. 5. The same shall apply for all University
contracted services (e.g. Dining services, etc.) they will have the right to purchase the winning Proposers
products at the contract prices for re-sale at University of Wisconsin-La Crosse.
5.3 Cost Proposal: Vended Soft Drinks
Vending Soft Drinks commissions paid to the University of Wisconsin-La Crosse shall be at or above the
commissions as listed in Section C, Attachment No. 6. The Current Contracted University of WisconsinLa Crosse Flat rate Commission for Vending Dining Service (canned and bottled soda, bottled water and
sports drink, etc.) is sixty percent (60%)
5.4 Cost Proposal: Athletic and Non Athletic & Marketing Sponsorship Opportunities Fee
Athletic and Non-Athletic & Marketing Sponsorship Opportunities Fees paid to the University of
Wisconsin-La Crosse at signing of contract and annually on July 1 of each year of the contract. Section C,
Attachment No. 4.
20
RFP PS-14-2329
5.5 Equipment and Service
Equipment for vending is required per Section C, Attachment No.2. The equipment required for
fountain dispensed drink is designated in the following sections: Section A, 5.5.1 and Section C,
Attachment No.15.
5.5.1
University Dining Service – Post Mix Equipment
POST MIX EQUIPMENT
Equipment meeting or exceeding specification of existing units, to be furnished on this contract, shall be
new and furnished at no charge to the University. The Contractor will provide all materials, accessories
and labor required for proper installation. Contractor instruction regarding setting and adjustment of
the Brix reading to meet standards and daily cleaning type of maintenance shall be provided to the using
locations as required.
Dispensers operate with their own electrical refrigeration unit for service of cold beverages. All
equipment, beverage and CO2 cylinders, hoses and other accessory components must be maintained in
good condition at no charge by the contractor or be promptly replaced.
Contractor is to provide, install and maintain all necessary equipment for the CO2 system used on
dispensers at no cost to the university (excludes CO2 gas supply). Location of CO2 system is to be
mutually agreeable between contractor and Contract Administrator.
All equipment provided on this contract must be insured by the Contractor with complete coverage for
any damage, theft, etc. incurred during the entire contract period.
Equipment additions and deletions during the period of contract must be approved by the University
Contract Administrator and will be issued by formal purchase order.
Required Post Mix Equipment by Location: Section C, Attachment No. 15.
5.5.2
Vending Machines
Vending Machines at locations listed in Section C, Attachment No. 2.
21
RFP PS-14-2329
5.5.3
Equipment Information
Proposer Shall Attach Separate Pages Indicating:
5.5.3.1 Ability and Proposal to meet such equipment needs, including Proposer’s willingness to use
its best efforts to provide equipment that effectively operates in conjunction with the overall
University Venues.
5.5.3.2 The manufacturer model numbers and year manufactured for each piece of equipment that
will be provided by Proposer.
5.5.3.3 The list price for each piece of equipment that will be provided by the Proposer.
5.5.3.4 The useful life for each piece of equipment that will be provided by Proposer.
5.5.3.5 The depreciation schedule for each piece of equipment that will be provided by Proposer.
5.5.3.6 Proposer’s Proposal for replacing the equipment to ensure that the University of WisconsinLa Crosse Venues continually operate with stat of the art equipment.
5.5.3.7 As identified in Section C, 16, the university has several new buildings and renovation
projects. Please describe the evaluation process and requirements for requesting equipment to
service new point of sale opportunities.
22
RFP PS-14-2329
5.5.4
Submit a Service Proposal for the Following:
5.5.4.1 Cleaning and flushing post-mix beverage equipment.
5.5.4.2 Twenty-Four (24) Hour, Seven (7) Day Per Week, toll free telephone number for equipment
support service.
5.5.4.3 Repair or replacement of any fountain within Twenty-Four (24) hour and vending
equipment within Forty-Eight (48) hour notice.
5.5.4.4 Twenty-Four (24) Hour, Seven (7) Day Per Week, tool free telephone number for
emergency repair services.
5.5.4.5 Respond to emergency repairs within Two (2) Hours of notification.
5.5.4.6 Please describe your methods of determining customer preference of product and flavors to
be served at various venues along with the process to initiate ideas for delivering these
products to consumers.
5.5.4.7 Please describe how you will work with the University to resolve issues that may arise with
the card readers linked to student ID card system and vending machines.
5.6 Athletic Sponsorship and Non-Athletic & Marketing Sponsorship Opportunities
Athletic Sponsorship and Non-Athletic & Marketing Sponsorship Opportunities: Complete Section C,
Attachment No. 3.
6
Proposal Acceptance and Award
6.1 Preliminary Review
The Proposals will be reviewed initially to determine if mandatory requirements are met. Failure to
meet mandatory requirements will result in rejection of the Proposal. In the event that all vendors do
not meet one or more of the mandatory requirements, the University reserves the right to continue the
review of the Proposals and to select the Proposal that most closely meets the requirements specified in
this Proposal.
The University shall only consider Proposals from financially responsible firms presently engaged in the
business of manufacturing, distributing or selling soft drink beverages, or licensing any such rights.
23
RFP PS-14-2329
6.2 Right to Reject Proposals
The University reserves the right to accept or reject any and all Proposals. The University may negotiate
the terms of the contract, including the award amount, with the selected proposer prior to entering into
a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer,
the University may negotiate a contract with the next highest scoring proposer.
6.3 Proposal Review
All Proposers will submit a Proposal (Section C)
The successful Proposer will at a minimum be required to meet all of the equipment, service and
product requirements with the exception of the exclusions listed in Section C, Attachment No. 1. and
meet the guidelines and requirements noted in Section C, Attachment No. 2, 4, 5, 6 and 7. The
Proposer will also be required to submit written response to Section A, Item No. 5 (5.1 through 5.6 in
entirety) and respond to and submit all required Attachments within Section C: 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 15, 17. Once minimum requirements are met, accepted Proposals will be reviewed against the
stated criteria. A Proposer may not contact any member of a review committee except at the
University’s direction. The committee may review references, request interviews, and/or conduct onsite visits and use the results in reviewing the Proposals. Proposals from certified Minority Business
Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%)
preference to these businesses (Wis. Tats. 16.75 (3m)). The evaluation committee’s scoring will be
tabulated and proposals ranked based on the numerical scores received.
6.4 Review Criteria
Accepted Proposals will be evaluated by the University. Review and selection of a Proposal will be based
on the analysis of the product pricing, commissions, fees, innovations, equipment, marketing, services
and supplies at the facilities for the time period specified in the Proposal. Oral interviews may be
required after the written proposals are received. Failure to attend an oral interview may result in
rejection of the Proposer’s proposal.
6.4.1
Evaluation Criteria/Point Matrix
6.4.1.1 Cost Proposal: Cash Rights Fee
0-100 points
6.4.1.2 Cost Proposal: Vending Commission (excess of 60%)
0-100 points
24
RFP PS-14-2329
6.4.1.3 Cost Proposal: Post-Mix and Canned/Bottled Beverage
0-100 points
6.4.1.4 Cost Proposal: Athletic and Non-Athletic & Marketing Sponsorship Op. Fee 0-100 points
6.4.1.5 Equipment and Service (Section 5 Value Added Items and
Section 4 Mandatory General Requirements Written Response)
0-100 points
6.4.1.6 Athletic/Non-Athletic and Marketing Sponsorship Opportunities
0-100 points
Maximum Points:
6.4.2
600 points
The Cash Rights Fee and Vending Commission Individual Evaluation
The Cash Rights Fee and Vending Commission will individually be evaluated with the most points
awarded to each proposal with the highest cash commitment, using the formula:
Cash rights Fee/or Vending Commission – (100 Maximum points each)
To determine the points to be awarded for each the following formula is used:
Other Proposal score / Greatest total Financial investment (constant) X 100 = Score
The greatest Cash Rights Fee and the largest Vending Commission shall each score 100.
6.4.3
The Post-Mix and Canned/Bottle Beverage Evaluation
The Value of Post-Mix and Canned/Bottled Beverage Savings will be evaluated with the most points
awarded to the proposal with the lowest cost to the University, using the following formula:
Lowest Total Product Costs (Constant)
(maximum Cost less the bid price)
/
Other Proposals
(Varies according to firm being scored) X 100 = Score
The lowest costs shall score 100 points.
Calculation of points awarded to subsequent firms will use the lowest costs proposed as a constant
numerator and the total dollar amount of the firm being scored as the denominator.
25
RFP PS-14-2329
6.4.4
Athletic, Non-Athletic and Marketing Sponsorship Fee Evaluation
The Athletic, Non-Atheletic and Marketing Sponsorship Opportunities Fee will individually be evaluated
with the most points awarded to each proposal with the highest cash commitment, using the formula:
Other Proposal score / Greatest total Financial investment (constant) X 100 = Score
The greatest Athletic, Non-Atheletic and Marketing Sponsorship Opportunities Fee shall score 100.
6.5 Award and Final Offer
The University will compile the final scores (technical and cost) for each proposal. The award will be
granted in one of two ways. The award maybe granted to the highest scoring responsive and
responsible proposer. Alternatively, the highest scoring proposer or proposers may be requested to
submit final and best offers. If final and best offers are requested by the University and submitted by
the vendor, they will be evaluated against the stated criteria, scored and ranked by the evaluation
committee. The award then will be granted to the highest scoring proposer. However, a proposer
should not expect that the University will request a final and best offer.
6.6 Notification of Intent to Award
All Vendors who responded to this Request For Proposal (RFP) will be notified in writing of the
University’s intent to award the contract(s) as a result of this RFP.
After notification of the intent to award is made, and under the supervision of University staff, copies of
proposals will be available for public inspection from 8:00 a.m. to 4:30 p.m. at 780 Regent Street, Suite
105, Madison, WI 53715. Vendors should schedule reviews with Paul D. Schlough, Procurement
Specialist Senior at 608-265-0557.
6.7 Executed Contract to Constitute Entire Agreement
In the event of contract award, the contents of this PROPOSAL (including all attachments), PROPOSAL
addenda and revisions, the Proposal of the successful Proposer, and additional terms agreed to, in
writing, by the agency and the contractor shall become part of the contract. Failure of the successful
Proposer to accept these as a contractual agreement may result in a cancellation of award. (See Section
B, Item No. 19)
6.8 Dispute Process
Notices of intent to protest and protests must be made in writing to the head procuring agency.
Protestors should make their protests as specific as possible and should identify statutes and Wisconsin
administrative Code provisions that are alleged to have been violated.
26
RFP PS-14-2329
Any dispute of the University’s award must be made no later than five (5) working days after system
Office of Procurement issues the intent to award notice. 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 Street
Madison, WI 53715
A complete written dispute must be received by the Director, system Office of Procurement, no later
than five (5) working days after the award notice is issued.
Any written protest must be received within ten (10) working days after the notice of intent to award is
issued.
The decision of the head of the procuring agency may be appealed to the Secretary of the Department
of Administration within five (5) working days of issuance, with a copy of such appeal filed with the
procuring agency. The appeal must allege a violation of a Wisconsin statute or a section of the
Wisconsin Administrative Code.
Section B
Proposed Contract for Exclusive Soft Drink Pouring Rights and Vending Pouring Rights
1
Parties To The Contract
This agreement, hereinafter referred to as “the Contract”, shall be between the board of Regents of the
University of Wisconsin System on behalf of the University of Wisconsin-La Crosse, hereinafter referred
to as the “University”, and the successful Proposer, hereinafter referred to as the “Contractor”, for the
privilege of the Contractor to designate the brand of Soft Drink Beverages to be poured or served and
vended by the University of Wisconsin-La Crosse campus. Such rights shall hereinafter be referred to as
“Exclusive Soft Drink Pouring and Vending rights: according to the terms set forth in this contract.
Michael Gasper, Assistant to the Vice Chancellor of Administration and Finance shall be the
representative of the University responsible for the administration of the contract and referred to
herein as “the appropriate campus authority”.
27
RFP PS-14-2329
2
Applicable Law
This contract shall be governed and interpreted under the laws of the State of Wisconsin. The
Contractor shall at all times comply with and observe all federal, and local laws, ordinances and
regulations in effect during the period of this Contract which affect the work or its conduct.
3
Term of Contract
It is the intent of the University to start the resulting Contract on or about August 15, 2014through June
30, 2015 with six (6) automatic one year renewal options. This contract shall automatically be extended
each year from the initial year unless UW System Administration Procurement is notified in writing by
the contractor; or notifies the contractor in writing, 180 calendar days prior to expiration of the initial
and/or succeeding contract terms.
4
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.
5
Disclosure
If a public official as defined in section 19.42 Wisconsin Statutes, or an organization in which a State
public official holds at least 10% interest, is a party to this Proposal, the contract is voidable by the
University unless appropriate written disclosure is made to the State of Wisconsin Ethics Board, 125
south Webster Street, Madison, WI 53703.
6
Minority Business
The University of Wisconsin is committed to the promotion of minority business in the state’s
purchasing program. With this procurement a successful contractor is encouraged to purchase services
and supplies from minority businesses certified by the Wisconsin Department, 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 Procurement office on an annual basis.
28
RFP PS-14-2329
7
Incorporation of Documents
The University of Wisconsin-La Crosse Request for Proposal (RFP) to Submit Proposal, the Proposer
responses, written communications and this Agreement constitutes the entire agreement between the
parties. The hierarchy of documents in descending order for resolution is as follows:
A.
B.
C.
D.
This Agreement
Proposal No. PS-14-2329
Response received
Written communication starting August 15, 2014
Any conflict of terms shall be governed by the highest listed document.
8
News Releases
News releases pertaining to this Contract or any part of Proposal No. PS-14-2329 shall not be made
without the prior written approval of the University.
9
Insurance Requirements
The contractor shall bear full and complete responsibility for all risk of damage or loss of equipment,
products or money resulting from any cause whatsoever and shall not penalize the University for any
losses incurred related to this contract.
COVERAGE AND MINIMUM LIMITS.
Coverage
Minimum Limits
Worker’s Compensation (WC)
Statutory Employer’s Liability
Coverage (B)
$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,
for purpose of this contract.
Remodeling or Renovation
29
RFP PS-14-2329
The above insurances are required to be in effect during the course of any remodeling, renovation or
construction done by or at the direction of the contractor.
Upon notification of award and prior to issuance 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.
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.
These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to
University of Wisconsin system administration Procurement Office, 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.
In the event of non-renewal, cancellation or expiration of insurance, the contractor shall provide the
University evidence of the new source(s) of required insurance within twenty-one (21) calendar days
after the University’s receipt of the sixty (60) day notice. In the event the contractor fails to maintain
and keep force the insurance herein required, the University shall have the right to cancel and terminate
without 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. 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 needs are revised.
10 Performance Bond or Irrevocable Letter of Credit
The successful Proposer, hereafter referred to as “contractor”, shall be required to furnish a
performance bond in the amount of $50,000. Such bond must be furnished upon notification by the
University of Wisconsin System Administration Office of Procurement, and prior to contract award.
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
30
RFP PS-14-2329
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
Procurement Services Office, 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.
11 Promotional Materials
Except as otherwise provided herein, the Contractor agrees not to use promotional or marketing
material which state expressly or by fair implication that the University endorses either the contractor or
any sponsor of such material. Equipment bearing University of Wisconsin-La Crosse marks, logos or
other indicia of University of Wisconsin-La Crosse must be purchased form University of Wisconsin-La
Crosse licensees and be used in accordance with University of Wisconsin-La Crosse policy.
12 Hold Harmless
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 (thereinafter collectively referred to as “claims”) occurring in connection with
or in any 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, it’s agents, employees, subcontractors or contractors.
13 Nondiscrimination and Affirmative Action
Failure to comply with the conditions of this clause may result in the contractor becoming declared an
“ineligible” contractor, termination of the contract or withholding of payment.
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 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 orientation, the contractor further agrees to take affirmative action to
ensure equal employment opportunities.
31
RFP PS-14-2329
The contractor agrees to post in conspicuous places, available for employees and applicants for
employment, a notice to be provided by the contracting state agency that sets forth the provisions of
the State of Wisconsin nondiscrimination clause.
Failure to comply with the conditions of this clause may result in termination of the contract.
To the extent required by law, 41 CFR 60-1/4 (a) and (b) are incorporated by reference in this contract.
Additionally, contractor certifies that the contractor complies with 41 CFR 60-1.8 and does not and will
not maintain any facilities provided for employees in a segregated manner. Contractor further agrees
that he or she will obtain identical certification from any subcontractors.
14 Safety
All material, equipment and supplies provided to the University must comply fully with all safety
requirements set forth by the Wisconsin Administrative code, the rules of the Industrial Commission on
safety and all applicable OSHA Standards.
15 Vending Cold Beverage Service Specifications
15.1
Vending Beverage Service
The University desires a sound, well-managed vending beverage service which will serve the varied
components of the University, reflect the professional attitudes that will enhance the image of the
University, and provide its customers consistent and predictable service. The vending beverage service
shall be supportive service for student activities and react to the changing trends in the vending industry
(debit card vending) and changes in campus demographics.
15.1.1 CBORD Transaction System –CS Gold version 6
The University utilizes the CBORD Transaction System – CS Gold version 6. The University has
implemented 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 purchase/lease
of the cards, card readers, installation of communication lines, selling and establishing purchase value
and vending categories for purchases.
15.1.2 Vending Equipment and Debit Card Readers
The contractor shall be responsible for providing vending machines compatible with the CBORD
Transaction System and installing University provided card readers on vending machines.
32
RFP PS-14-2329
15.1.3 Addition of Equipment Requirements
Additional Equipment added or replaced for mechanical malfunction, failure or any other reason is
required to have installed CBORD Transaction System debit card vending readers prior to service if
required at that campus location.
15.1.4 Comparable Standards of Service
The University shall determine which is in the University’s best interest regarding all such matters of the
bookstore, convenience store and dining services. The contractor shall cooperate with the University to
maintain comparable standards of service, menu variety and comparable portions and prices with that
available in dining services.
15.1.5 Sale of Food and Beverages by Organizations Recognized by the University
Upon advance approval of the University and after advance notice to the contractor, recognized
organizations shall be permitted to sell food and beverages on campus in connection with authorized
University events such as bake sales, fund-raisers and student activity programs.
15.1.6 Additional Vending Service Potential
When appropriate, the University shall advise the contractor of campus functions which may require
additional vending beverage service to maximize service and revenue potential. Athletic tournament,
large conferences, summer camp and department sponsored activities are examples of such functions.
15.1.7 Vending Minimum Portions and Product specifications
15.1.7.1
Compliance to Portions and Prices Specified in the Contract
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. The item
portion and price schedule included in these specifications shall serve as a price and portion guide for
other items not specifically included.
15.1.7.2
Detailed listing of Pricing and Portions
One month 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. All portion
and price change requests shall be submitted to the University in writing for approval prior to
implementation.
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 July
1 of each year, and not until after the first six months of the contract. Under extenuating circumstances,
and with price adjustment documentation, the University will consider price/portion adjustment
requests.
33
RFP PS-14-2329
The contractor shall provide the University with price and portion change requests a minimum of fortyfive (45) days prior to July 1. 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 in part, use the Consumer
Price Index (CPI) – All Urban Consumers, Midwest Region – Size B/C, Food away from home changes as a
guideline in evaluating the contractor’s price change proposals. Then University may negotiate
increased commissions on select products when cost increases are less than the amount of the sale
price increases.
15.1.7.3
Sales Tax Requirements
All Prices include State and local sales tax.
15.1.7.4
Selling Price and Minimum Portion Schedule
Product
Specification
Specification/Portion
Size
Minimum of six (6) flavors per
vendor to include Pepsi-Cola or
Coca-Cola. Other flavors and
brands including water determined
by mutual agreement.
Bottle Vending 20 oz.
$1.50
Isotonics / Sports Drinks
Drink 20 oz.
$1.50
Energy Drink
Energy Drink 16-20 oz.
$2.00 - $2.50
Waters – regular,
flavored, carbonated,
vitamin, etc.
16-20 oz.
$1.25-$1.75
Soft Drink
Price
Natural Fruit &
Vegetable Juices & Teas
Natural Fruit & Vegetable Juices &
Teas: Blended/100%
Container 12 oz.
$1.00/$1.25
Natural Fruit &
Vegetable Juices & Teas
Natural Fruit & Vegetable Juices &
Teas: Blended/100%
Container 15-20 oz.
$1.50/$1.75
Cold Coffee
Cold Coffees/Frappuccino
Container 9-16 oz.
$1.25-$1.75
34
RFP PS-14-2329
15.1.7.5
Soft Drink Product Requirements
The University shall require that the vendor be able to furnish a minimum of six (6) flavors including Cola
(Pepsi or Coca-Cola), a diet cola (Pepsi or Coca-Cola), and other soft drinks not limited to Root Beer,
Orange, Lemon Lime, Diet Lemon Lime, Diet Caffeine-Free Cola (Pepsi or Coca-Cola), Sports Drinks,
Energy Drinks, Teas and Water. Product mix and sizes by machine and location shall be determined by
mutual agreement of the University and contractor. The vendor should supply a full list of product
offerings with the Proposal. The University may require a sample before using a particular product. If
the contractor is unable to provide a particular product to meet consumer demand (i.e. 100% natural
juice drink, etc.), the University reserves the right to provide a product from a vendor other than the
contractor.
15.1.7.6
Natural Fruit & Vegetable Juice & Teas Product Requirements
The natural fruit and vegetable juice selections shall be grapefruit, grape, tomato, V/8 cocktail, orange,
pineapple, cranberry, etc. Combination juices (less than one hundred percent (100%) juice) may be
vended from the juice vendor but no more than fifty percent (50%) of the selections in the juice vendor
may be combination juices. Name brands of national acceptance shall be provided and all other brands
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 Proposal Submittal. If the contractor is unable to provide a particular product to
meet consumer demand (i.e. 100% natural juice drink, etc.), the University reserves the right to provide
a product from a vendor other than the contractor.
15.1.7.7
University Advisement of Product
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.
16 General Conditions
16.1
Service Requirements
16.1.1 Service Provided
The Contractor shall provide the services described in the Proposal and Contractor’s response to the
Proposal. Contractor shall furnish all Supplies, equipment, management and labor necessary to carry
out the terms and conditions described herein.
35
RFP PS-14-2329
16.1.2 Relative Service Items
The contractor agrees that items relative to obtaining Exclusive Soft Drink pouring and Vending rights for
beverage operations not covered herein may be added by the University to this Contract without
voiding provisions of the existing Contract. Additional services shall be furnished to the University by
the contractor with additional considerations.
16.1.3 Quarterly Business Review
Recognizing that successful performance of this Contract is dependent on favorable response from the
users, the Contractor shall meet a least quarterly with the Contract Administrator and/or authorized
student committees to effect adjustments in operations and shall cooperate at all times to maintain
maximum efficiency and good public relations with students, faculty and staff. A mid-April meeting is
required to plan additional machines and services for summer camps and conferences. After the initial
contract year, the parties may upon mutual agreement adjust the specific terms, commissions or
guarantees of this Contract where circumstances beyond the control of either party require
adjustments. All adjustments shall be proposed in writing by the University to System Administration
Office of Procurement for approval prior to becoming effective. All required contract amendment(s)
shall be issued by the System Administration Office of Procurement.
16.1.4 Required Permits & Licensing Responsibility
The Contractor shall be financially responsible for obtaining all required permits, licenses (including
parking) 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.
The contractor shall furnish all supplies, equipment, management and labor necessary for the efficient
operation of the specified services included in this contract, subsequent extensions and amendments.
16.1.5 Determination of Customer Preference
The Contractor shall provide methods of determining customer preference of product and flavors to be
served at various venues. The contractor shall be alert to changing beverage trends and new market
and changing diet patterns being evolved throughout the beverage service industry. As a result, the
contractor shall be expected to initiate ideas for varied methods of beverage service and by mutual
agreement implement these variations within the conditions of this contract.
16.1.6 Promotion Collaboration
The University shall encourage and cooperate with the contractor to promote and merchandise services
and products to the fullest to attract students, faculty, staff, and guests to enjoy and fully utilize
beverage services. 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
(e.g. sample tasting, temporary food stands). Promotion techniques may consider all campus publicity
36
RFP PS-14-2329
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.
16.1.7 Occupation of the Premises
The contractor shall occupy and use the premises, as defined by the University, only for vending
beverage service. The University shall not guarantee an uninterrupted supply of electricity or heat. The
University shall be diligent in reporting service following an interruption. The University shall not be
liable for any loss that may result from the interruption or failure of any such utility services.
16.1.8 Regulation of the Method of Service
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 Beverage Service areas and the
contractor agrees to comply with such regulations. Authorized representatives of the University shall
have the full right of access to all vending areas at any and all times.
16.1.9 Applicable Terms and Obligations
The terms and obligations of this contract shall be applicable to vending beverage services operated in
various and separate locations of University owned space (e.g. 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. Please note that the La Crosse Medical Health Science
Consortium Building (HSC) is not owned by the University and reserves the right to determine the
vendor and products utilized within the building. Currently, there are two vending machines at the HSC
location operated by an independent vendor.
16.1.10
Product Samples for Evaluation and Approval
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 the sale at the
University of Wisconsin-La Crosse. The university also reserves the right to allow product samplings or
tasting events for vendors other than the contractor.
16.2
Personnel, Employment and Staffing
16.2.1 Maintain Adequate Staff
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.
37
RFP PS-14-2329
An adequate staff of employees, to be approved by the University, shall be on duty to provide the
campus 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 shall be responsible for supervision and control of its employees and agents while on
University property. The University reserves the right to require the Contractor to remove any
employee or agent of the Contractor at any time, whether temporarily or permanently from University
property.
16.2.2 Management Staff
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 beverage programs and act with full authority on the Contractor’s behalf in
all matters pertaining to Contract specifications.
16.2.3 Personnel Relations of Employees
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. Personnel of the contractor shall observe all regulations of
the University. Failure to do so may be grounds for dismissal.
16.2.4 Training and Development Programs
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.
16.2.5 Uniforms
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. Uniforms are required to 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.
38
RFP PS-14-2329
16.2.6 Free or Discounted Vended Beverages
The contractor shall not furnish free or discounted vended beverages to its employees, those of the
University or any customer as a direct operating expense with a reduction of vending sales and/or
commissions.
16.2.7 Certification of Food Handlers
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.
16.2.8 Parking Fees
The University requires the contractor to purchase a service vehicle parking permit for each vehicle that
is used on campus in the service of the contract. For information regarding parking fees and regulations,
please contact Victor Hill, Campus Parking at Parking Services Manager at 608-785-8056.
16.2.9 Report of Child Abuse or Neglect
If , in the course of providing services to University of Wisconsin System Institutions, contractor (or its
agent or employee) observes an incident or threat of child abuse or neglect, or learns of an incident or
threat of child abuse or neglect, and the contractor (or its agent or employee) has reasonable cause to
believe that child abuse or neglect has occurred or will occur, contractor must make a report of that
abuse or neglect to law enforcement or to a county social service agency as provided in University of
Wisconsin System Institution’s Child Abuse and Neglect Policy. If the suspected child abuse or neglect
involves University of Wisconsin System Institution, the contractor shall also report that abuse to the
University of Wisconsin System Institution Office of Equity and Diversity.
16.3
Fiscal and Accounting Requirements
16.3.1 Records and Retention
Contractor shall maintain complete and accurate records in accordance with accepted industry
accounting practices and shall keep in a safe place all such financial records and statements pertaining
to the operations of this institution for a period of five (5) years from the close of each year’s operation.
All records maintained by the Contractor pertaining to the Exclusive Soft Drink Pouring and Vending
rights shall be open to inspection and/or audit by the State of Wisconsin and/or the University at any
mutually agreed upon time. The Contractor shall advise the Contract Administrator and University’s
Internal Auditor of the Contractor’s schedule of records and operations at the University. The University
39
RFP PS-14-2329
shall have the option to participate in the contractor’s audits and may request a full report of these
audits.
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.
16.3.2 Payments
Contractor shall pay the University of Wisconsin-La Crosse the Cash Rights Fee, Athletic Sponsorship Fee
and Non-Athletic Sponsorship Fee at the beginning of the contract, August 2014 and annually thereafter
on July 1 of each year.
16.3.3 Invoice Requirements
The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt at
University of Wisconsin-La Crosse Accounts Payable. Before payment is made, the University also must
verify that all invoiced charges are correct and identified as being a part of this contract. Only properly
submitted invoices shall be officially received for payment. Prompt payment requires that all invoices
be clear and complete in conformity with the instructions below.
All invoices (not vending debit card invoices) must be itemized showing:
16.3.3.1
Purchase order number
16.3.3.2
Contractor Name
16.3.3.3
Remit to address
16.3.3.4
Product manufacturer’s name or abbreviation
16.3.3.5
Contractor’s catalog and/or stock number(s)
16.3.3.6
Prices per the contract
16.3.3.7
Complete product description
16.3.3.8
Manufacturer’s product number
16.3.3.9
Products covered by the designated purchase order
Each invoice should contain only those products covered by the purchase order designated on that
invoice. All invoice prices are to be stated in the same units as the units shown on the proposal form.
Invoices accompanying deliveries will be in triplicate.
Invoices not meeting the above criteria may disqualify Proposer from future Proposals.
40
RFP PS-14-2329
16.3.4 Vending Collections/Metering Counts
A representative of the University may accompany the contractor’s route employees when meter counts
and money collections are made at a time pre-determined and agreed by the University. When
accompanied by a University auditor 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.
16.3.5 Basis for Vending Commissions
Commissions shall be expressed on the included Proposal submittal forms by the contractors on net
sales (gross sales, less State and Local Tax) on all items as follows: Percentage on individual vending
product categories or maximum guarantee total commission per year or one hundred thousand dollars
($100,000), whichever is greater. 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.
The contractor’s non-resettable meters, after reconciliation to cash collections and debit card sales, shall
be used as the basis to compute commissions payable to the University. Cash 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 cash collections and debit card sales,
commissions payable shall be determined on the reported inventory sales.
The vendor shall on a regular basis collect the cash and swipe a manager card on each card reader when
the money is collected. This will allow the University to report sales that can be reconciled by the
contractor.
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; and each period statement shall
include beginning and ending counter route inventory cards.
Inventory control records shall be kept for each machine indicating date product was added, product
description and sales price. The contractor shall make available any and all vending product inventory
records to the University for the purpose of periodic vending audit and to reconcile contractor vending
sales 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 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.
The vendor shall provide to the contract administrator a vending machine sales report for each
collection period which identifies:

Vending Machine Number
41
RFP PS-14-2329


Date and Time of Collection
Reported Sales from the Vending Machine
The report shall subtotal sales by location(s) as defined by the University.
The report shall be provided to the contract administrator or designee following the collection from
any/all vending machines and prior to departing campus.
Refunds and test transaction amounts shall be deducted from vending commission statement gross
sales item categories in which refund and tests occurred prior to computation of State and local sales
tax and commissions due the University.
16.3.6 Vending sales Tax Determination
In addition to the five percent (5%) State Sales Tax, La Crosse County has enacted a one-half of one
percent (0.5%) sales tax on all vending gross sales. Commissions quoted per Proposal submittal shall be
in recognition of the State and county sales taxes and the same commission percentage shall be applied
to the calculated taxable sales.
Commissionable sales (taxable sales) shall be determined by deducting from gross sales refunds, test
transactions and dividing by 1.055, provided the customers are advised of the amount of the sales tax
they are paying by posted sign or printed notice. The contractor on request shall make available to the
University copies of all sales and other excise tax report which the contractor is required to furnish any
government or governmental agency which identify those revenues and resulting taxes generated at the
University.
16.3.7 Vending Sales Tax Change
The University’s commission 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 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 affected, the University shall receive the
exact same amount in commission compensation for such decreased tax.
16.3.8 Uniform Statements
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.
42
RFP PS-14-2329
16.3.9 Vending Vandalism or Theft
Vending 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.
16.3.10
Vending Reports
The University shall require the contractor to provide vending sales and commission reports that provide
the following information:
(Prior to the start of the contract, the University and Contractor shall mutually agree on the report(s)
format and contents to satisfy.)
16.3.10.1
Product code for the following individual categories: Bottled Soda 20 oz., Isotonic
Beverages 20 oz., Canned Juice, Bottled Juice, Waters and Other/Energy Drinks.
16.3.10.2
Building Location of Machine(s)
16.3.10.3
Machine Number
16.3.10.4
Selling Price of Products
16.3.10.5
Date Machine Installed (Separate Report)
16.3.10.6
Date Machine Removed From Service (Separate Report)
16.3.10.7
Designation of new or used machine at time of installation (Separate Report)
16.3.10.8
Gross and Net sales and Sales Tax for each machine by Location each Period
16.3.10.9
Period.
Year-To-Date Gross Sales, Net Sales and Sales Tax for each Machine by Location each
16.3.10.10
Total Commission for each Machine by Location for each Period
16.3.10.11
Year-To-Date Commission for each Machine by Location each Period
16.3.10.12
Refunds and Tests for each Item Category
16.3.10.13
Required Beginning and Ending Meter Reading
16.3.11
Vending Refund System
A voucher refund system shall be required and shall involve dispersing of funds through authorized
representatives of the University. The voucher system shall include a form supplied by the University to
be filled out by the person making refund claim and shall include the following information: Machine,
Description of What happened, amount of loss, amount of refund, date, building and who suffered the
loss. The contractor shall supply and maintain funds for the refunds to the satisfaction of the University.
43
RFP PS-14-2329
On a mutually agreed upon schedule the contractor shall check with the designated University party to
replenish funds. 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 University shall
provide refund instructions and debit card signs for each machine. The University shall provide source
documents to verify reported refunds.
16.3.12
Vending Commission Payments
The University shall pay to the Contractor the amount of debit card gross sales as reconciled to the
machine meter readings and CBORD transaction system data. The monthly payment shall be paid to the
contractor no later than the last day of the month following the monthly sales collection period. A
report shall accompany this payment with a detailed explanation of dollar sales by each machine, by
location, and extension of commissions and a composite statement of said dollar sales and commissions.
Causes of abnormal revenue deviations shall be noted by the University as part of these statements.
The University shall remit payment in accordance with prompt payment policy guidelines.
At collection dates, a representative of the University shall assemble debit card point sales data from
each vending machine. The University shall accumulate these reading and shall remit to the contractor
gross sales of all debit card sales recorded through the electronic access system for the previous period
by each machine.
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 for cash sales and shall accompany this payment with a
detailed explanation of dollar sales by item category, by location, by each vendor and an extension of
commissions and a composite statement of said sales and commissions. Causes of abnormal revenue
deviations shall be noted by the contractor as part of these statements.
The University requires a minimum of twelve (12) monthly revenue and commission statements
annually, including periods of reduced revenues.
The University shall determine the number of separate statements and commission checks required
from the contractor for various divisions of the University. At the start of the contract the University
shall require one period statement and commission payment check to the University.
All period commission statement and payments shall be sent to the University. 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.
All period commission statements and payments should be sent to Business Services, 1725 State Street,
University of Wisconsin-La Crosse, La Crosse, WI 54601
44
RFP PS-14-2329
16.3.13
Guaranteed Payments
One year from the new 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 Proposal
submittal. If the resulting prorated guarantee is greater than the commissions received to date of
termination, any balance due shall be paid the University by the 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 as a result of added locations during the term of the contract shall
be used to offset the amount of annual guarantee reduction. Guarantee adjustments require prior
approval of Procurement Services Office and amending to the contract.
16.3.14
Vending Equipment Removal Commissions
On expiration or termination of this contract, vending commissions due the University shall be paid on
sales until all equipment has been removed, and the removal date shall be indicated on the period
statement when each piece of equipment was removed, including equipment removed at any time
during the contract period prior to expiration.
16.3.15
Vending Statement Review
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.
45
RFP PS-14-2329
16.3.16
Vending Audit
16.3.16.1
Cash collections reports, route inventory cards and reported sales shall be audited
on a regular schedule, as determined by the University auditor, to verify the contractor’s
inventory control and reported commissions.
16.3.16.2
Periodic reviews conducted jointly by representatives of the University and the
contractor shall be made to ensure that commissions and guaranteed payments, pricing
structure and other phases of the operation are conducted in the most efficient and financially
sound basis.
16.3.16.3
All records pertaining to the operations of vending beverage service shall be open
for inspection and/or audit by the State and/or University of Wisconsin at any or all reasonable
times.
16.3.16.4
The University of Wisconsin-La Crosse 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.
16.4
Products, Ordering and Delivery Requirements
16.4.1 General Requirements
16.4.1.1
All products delivered shall be transported at the proper storage temperature.
Delivery is to be made in clean, enclosed, and as necessary, temperature controlled trucks. Noncompliance will result in refusal of product and replacement at contractor’s expense. Delivery
trucks size should be appropriate to the campus size and limitations.
16.4.1.2
Additional items may be added to this contract at the discretion of the University of
Wisconsin-La Crosse. Prices for these items will be at the same rate as like items on the
contract. Products which are no longer manufactured or which are not being ordered in
sufficient quantity may be deleted from this contract by the University. The Contractor shall
promptly notify the University of new or discontinued items.
16.4.1.3
Only the University of Wisconsin-La Crosse and the campus Dining Services
Contractor shall be eligible to purchase from this contract.
16.4.2 Non -Vended Beverages
16.4.2.1
Authorized University personnel must sign all delivery invoices.
16.4.2.2
Delivery of all items will be required, F.O.B. destination, to the following campus
locations:
 Cartwright Center
 Whitney Dining Hall
 Veterans Memorial Stadium
46
RFP PS-14-2329


Mitchell Hall
Other areas as required
16.4.2.3
Minimum delivery charges or stop charges are not acceptable and Proposals so
designated may be rejected.
16.4.2.4
Delivery requirements will be determined weekly at the University. Quantities for
the following required delivery week shall be ordered no more than three (3) days in advance
of the delivery day unless mutually agreed upon. The University reserves the option to add to
the originally submitted order based on a change in needs. Quantities listed are one year total
estimates. Contractor should be advised that University requirements vary drastically during
break periods (Summer Break, Winter Break, Spring Break, etc.). The University does not agree
to purchase specific quantities of any items.
16.4.2.5
Weekly delivery will be required, subject to the time of the year. Deliveries shall be
made to the University receiving stations between 7:00 a.m. and 2:30 p.m. Monday – Friday.
Should an emergency situation occur, the contractor shall contact the purchasing units at
numbers designated prior to 2:30 p.m. for late delivery approval.
16.4.3 Vended Products
16.4.3.1
The contractor shall supply vended 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. At the beginning of each term (Fall, Spring, Summer) a meeting
will be held with the Assistant to the Vice Chancellor of Administration & Finance to review and
approve the deliver cycle for each machine.
16.4.3.2
Any machine that is consistently found with two (2) or more selections empty will
require more frequent delivery visits.
16.4.3.3
The contractor shall be alert to specific equipment that requires product inventory
stocking more frequently than once per day to maintain adequate product variety and
inventory to provide satisfactory service twenty-four (24) hours per day.
16.4.3.4
Prior to the start of the contract and each semester, the University and contractor
shall mutually determine those vending locations requiring weekend service.
16.5
Pricing
16.5.1 Price Adjustments
Product Prices quoted herein shall be firm for one (1) year. Thereafter, price adjustments may be
made at twelve (12) month intervals not to exceed the Consumer Price Index (CPI) – All Urban
Consumers, Midwest Region – Size B/C, Food away from home. The base index shall be the index
average for the month prior to the time this contract is awarded.
47
RFP PS-14-2329
16.5.2 Price Change Proposal
Price Change proposals must be submitted not less than forty-five (45) days prior to the beginning of the
twelve (12) month period in which they are to be effective. The price change Proposals must be
supported by documented increases in the cost to the contractor which are demonstrated to be
industry wide. The documentation may include, but not limited to, Consumer Price Index (CPI) – All
Urban Consumers, Midwest Region – Size B/C, Food away from home. The base index shall be the index
average for the month prior to the time this contract is awarded.
16.5.3 Price Change Submission Process
Price change proposals must be submitted to:
Mike Gasper
Assistant to the Vice Chancellor of Administration & Finance
University of Wisconsin-La Crosse
125 Graff Main Hall
La Crosse, WI 54601
Phone: 608-785-6494
Email: [email protected]
If approved, a contract amendment incorporating the new prices will be issued by the System
Procurement Office. Failure to agree on a price change shall be grounds for termination of the contract
in accordance with the Termination Clause.
16.5.4 Invoice Prices
All invoice prices shall be the last approved pricing.
17 Equipment Requirements
17.1
Specified Equipment
Contractor shall provide the equipment specified in Section A, Article 5.5 herein.
17.2
Equipment Location and Installation
The University and Contractor shall determine installation location of the required equipment at new
and existing sites by mutual agreement. The Contractor shall assume sole expense and risk to place,
install and maintain all soft drink dispensing and holding equipment. Where necessary, electricity, water
and waste space and facilities shall have prior approval of the Contract administrator or area designee.
48
RFP PS-14-2329
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 students, staff, faculty, and guests. All equipment must be in compliance
with the American with Disabilities Act (ADA). All machines shall be capable of having debit card
readers.
The contractor shall provide multi-priced beverage vendors. Changes of product and equipment shall
require prior approval of the University. The wholesaler may provide the University cold beverage
vending equipment in compliance with the Wisconsin Administrative Code, Agr. Chapter 129. The
contractor shall coordinate the ordering, delivery, repair requirements and return of the soda vending
equipment. All cold beverage vending equipment shall remain the property of the bottler/wholesaler
on loan to the University.
The contractor shall stock, maintain, service and repair all equipment. Then contractor shall provide the
labor and parts required for equipment repair at no charge to the University. Contractor shall clean and
service the soft drink dispensing and holding equipment.
17.3
New And Updated Equipment
The University requires the contractor to provide new and updated vending and related auxiliary
equipment. New equipment shall be of most recent model and not manufactured prior to 2013.
Updated equipment shall be model 2007 or newer, and shall be shop rebuilt and refurbished prior to
installation. Energy efficient or energy star rated equipment is required. Equipment not meeting this
requirement should be equipped with energy conserving devices such as VendingMiser technology.
Canned soda and juice vendors provided with product identification graphic shall be acceptable.
For purpose of this contract, updated, rebuilt and refurbished requires the equipment be in like new
condition prior to final acceptance by the University for location on campus. Acceptance of machines
will be based on compatibility with the CBORD Transaction System – CS Gold version 6.
New and update equipment shall be listed as certified by the Automatic Merchandising Industry Health
Code. If the 2007 model equipment has been used, it shall be inspected by the University for approval
prior to installation. All updated equipment shall be subject to inspection and approval by University
prior to final installation.
The vending equipment shall be compatible in terms of décor when two or more beverage machines are
placed together at one location. The vending equipment shall be the same height to give uniformity of
appearance, except as otherwise mutually agreed by the University and contractor. The University shall
install and pay the costs of any decorative motif.
The cold beverage machine shall be equipped with non-reset electronic sales totalizers and selection
panels which have the capability to provide digital display of total sales. Cash collections reports, debit
card sales, reported sales, inventory control records, and non-reset item sales counters and totalizers,
49
RFP PS-14-2329
revenues shall be audited on a schedule, determined by the University Auditor, to verify the contractor’s
inventory control and reported commissions.
The contractor shall provide the University with invoice copies to verify new vending equipment
purchases are in compliance with contract requirements. Initial and subsequent installations of new and
updated vending equipment shall be identified by type of equipment, serial number, manufacturer’s
meter readings and location. These listing are to be provided to the University not later than thirty (30)
days after the effective date of the contract.
After the start of this 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.
17.4
Required Number of Equipment Review
At regular intervals during the contract, the amount of required equipment shall be examined by the
University of Wisconsin-La Crosse campus operations managers and contractor with the objective of
providing the best possible service to eligible users.
17.5
Equipment Maintenance for Life of Contract
Equipment shall be maintained throughout the life of the Contract free and clear of any liens,
mortgages, and encumbrances unless otherwise agreed by the University. Contractor shall institute and
maintain a program of preventive maintenance and regular replacement of worn, damaged, or
malfunctioning soft drink pouring equipment.
17.6
Equipment Compliance with Safety Requirements
All material, equipment and supplies provided to the University must comply fully with all safety
requirements set forth by the Wisconsin Administrative Code, rules of the Industrial Commission on
Safety and all applicable OSHA standards. During the course of this contract, the contractor is fully liable
for public and private protection.
17.7
Installation of New Technology
As “state of the art” soft drink dispensing capabilities evolve, the University and contractor will discuss
the feasibility and terms of installing equipment and programs for new technological developments at
mutually agreed locations.
17.8
Installation of Debit Card Readers on Vending Equipment
The University has a debit card program for use by students, faculty, staff and guests for purchase of
products at most of the vending locations. The University owns the card readers and shall be
responsible for the installation of communication lines, selling and establishing purchase value and
determining vending categories for purchases. The contractor shall be responsible for the installation of
the debit card readers on vending equipment.
50
RFP PS-14-2329
17.9
Monthly Reporting of Debit Card and Cash Sales by Equipment and Location
The contractor shall be responsible to provide the university with monthly debit card and cash sales by
vending machine by location.
17.10 Utilities Responsibility
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 interrupted supply of water, steam, electricity or heat except that
it shall be diligent in restoring service following an interruption. The University shall not be liable for any
loss that may result from the interruptions or failure of any such utility services.
17.11 Equipment Ownership
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.
17.12 Equipment Operation
The vending machines shall be operated during the entire year, but with reduced selections arrived at by
mutual agreement for the University vacation breaks. The contractor shall meet annually in May with
the University to determine if any number of additional machines are required to service summer camps
and conferences.
17.13 Rate Service Attendants
The contractor shall provide uniformed rate service attendants at high sales volume locations during
peak service periods, as mutually agreed. The rate service attendants hall assist with the operation of
equipment, re-stock vending items, maintain the service area in a sanitary and orderly condition, and
other such services as may be required.
17.14 Equipment Operating Instructions
The contractor shall provide at each vending food equipment location operating instructions. The
contractor shall post on every machine the following information: refund location, University vending
hotline number, University vending Email address for concerns/suggestions etc., vendor toll free
telephone number to accept service calls.
All information including permits, licenses and price regulation required to be posted shall be displayed
in an appropriate manner agreed by the University without defacing of the facilities of the University.
51
RFP PS-14-2329
17.15 Refunds and Malfunction Reports
The contractor shall provide at each vending beverage service equipment location, operating
instructions and information to eligible users where malfunction reports and refund requests may be
made. All information including permits, licenses and price regulation required to be posted shall be
displayed in an appropriate manner agreed by the University without defacing of facilities of the
University.
17.16 Responsibility for Control of Keys, Proximity Cards and Security Procedures
The contractor shall be responsible for control of keys or proximity cards obtained from the University
and the security of those areas for which and when they are used by its representatives. The contractor
shall be responsible for immediately reporting all the facts relating to losses incurred, equipment
damage or break-ins to their equipment and areas of the University. The University shall designate the
authority who shall receive these reports and be responsible for key and card issue and periodic review
of key and card control.
At this time the contractor has not been issued proximity cards and University keys. The contractor is
responsible for the purchase of padlocks and other security devices which may be required by the
contractor to further endure revenue, product or property.
The University shall provide the contractor with routine campus protection currently available to
vending food service, such as night patrol, door checks, security consulting, call response, etc.
The University and contractor shall mutually determine the additional security measures required to
control unauthorized access to all vending beverage service areas included in this contract.
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.
17.17 University Storage of Equipment after Contract Cancellation
Vending and auxiliary vending equipment not removed from the University locations on cancellation or
expiration of this contract and/or after ten days written notice to the contractor may be removed and
placed in storage by the University. All costs of removal, storage and product and revenue loss shall be
the contractor’s.
17.18 Change Making Equipment
Change making equipment installed in machines shall have the capability of customer selection of
changing coins, and $1.00 and $5.00 currency or both as determined by the University. The changer
model, capacity and arrangements for security shall be by mutual agreement. 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
$0.05, $0.10, or $0.25 as required, and have adequate change inventory for required returns.
52
RFP PS-14-2329
All machines unless otherwise noted, shall be equipped with a microprocessor controlled dollar bill
acceptor as 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.
Dollar bill and/or acceptor mechanisms on vending machines installed within the duration of this
contract must be compatible with the CBORD Transaction System. Any dollar bill acceptors that do not
function properly, or do not provide the desired audit outputs to the CBORD debit card readers shall be
replaced or upgraded. Any and all costs associated with replacing or upgrading dollar bill validators or
coin mechanisms shall be the sole responsibility of the contractor.
17.19 Manual Sale of Items
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.
17.20 Removal of Equipment Upon Termination of Contract
Upon termination or expiration of this Contract, Contractor shall vacate and return the premises to the
University in the same condition as at the time the contractor entered the premises. (Reasonable use
and wear expected.)
Soft drink dispensing and holding equipment not removed from the University locations on termination
of this Contract after ten (10) days written notice to the contractor may be removed and treated as
abandoned property. All costs of removal, storage and product revenue loss shall be the contractor’s.
In all locations, remote soda and CO2 lines are to remain in location and in no way be removed,
damaged or destroyed.
18 Equipment And Facilities Maintenance, Replacement and Sanitation
18.1
Premises, Equipment, Supplies and Facility Maintenance
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. The contractor shall adhere to
the highest standards of cleanliness and sanitary practices, including beverage and equipment handler’s
appearance and performance in the preparation, service, transport and storage of beverage and related
53
RFP PS-14-2329
items. Structural, utility and equipment changes necessary in order to comply with such requirements
shall be made by the University at its expense.
18.1.1 Sanitary Maintenance of Vending Machines
The contractor shall maintain in a sanitary condition all vending machines. The customer-contact
surfaces of all equipment including selector buttons, knobs and handles shall be cleaned with germicidal
solution applied with disposable toweling. Visible products residue shall be removed with warm water
and detergent before application of the germicide.
18.1.2 Sanitary Maintenance of External Vending Machine Cabinet
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.
18.1.3 Equipment Sanitation Inspection
Contractor’s employees shall be responsible for inspecting under and behind the vending machines and
supplemental equipment for evidence of dirt, debris and vermin. When cleaning of these areas is
required, the contractor shall provide access, by kick plate (skirt) removal or machine movement, and
advise the University of the need for cleaning.
18.2
State of Wisconsin Inspector Access
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 for inspections 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 to the University by contractor. The contractor is
responsible to implement corrective operating measures required as a result of these inspections and
reports within ten days notification from the inspecting agency and by mutual agreement of the
University.
18.3
Preventative Maintenance Program
The contractor shall institute and maintain a program of preventative maintenance and regular
replacement of worn, damaged, or malfunctioning equipment. This program shall be described in detail
with each Proposer specifying equipment and parts on-hand 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.
54
RFP PS-14-2329
The University shall institute a preventative 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.
18.4
Vending and Auxiliary Equipment Maintenance and Repair Service Requirements
The contractor shall provide on call, as needed, vending and auxiliary equipment maintenance and
repair service twenty-four (24) hours a day, seven (7) days a week so as to minimize equipment down
time should malfunctions be reported. The contractor shall respond to emergency equipment service
and repair calls/reports within a minimum of two (2) hours between the hours of 7:00 a.m. and 7:00
p.m., Monday through Friday, and two (2) hour response time during weekends. Equipment which
cannot be returned to full services within forty-eight (48) 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 twentyfour (24) hours a day, seven (7) days a week.
18.5
Equipment Replacement Program
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.
18.6
New Industry Security
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. Industry improvements on vending equipment occurring during the life of this contract shall
be incorporated by the contractor on the originally installed equipment and subsequent installations
where it is deemed feasible by the University and mutually agreed by the contractor. Such
improvements shall include, but not be limited to: fail-safe no touch burglar alarms, self-locking coin
boxes and various electronic security, debit card readers and metering devices.
18.7
Floor Maintenance
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 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.
55
RFP PS-14-2329
18.8
Recycling
The contractor shall comply with University and State Law PL 335, policies and procedures related to
recycling of waste materials, purchase of recycled materials and participate in required waste separation
programs. The University shall arrange for space and/or suitable containers required for recycling. The
contractor shall remove from campus all waste packaging, master cartons, boxes, etc. from the vending
service and storage areas. Wisconsin law requires a phased-in recycling program. The contractor shall
assist the University with various recycling programs and assist in providing data supporting recycling
program participation.
The contractor shall develop programs, approved by the University, to reduce the use of disposable
items that are not recyclable and separate for recycling and following materials that generated as solid
waste by the University and contractor:











18.9
Aluminum containers, foil, food containers
Corrugated paper or other container board
Foam polystyrene, formed and filler material
Glass containers
Magazine or other material printed on similar paper
Newspaper or other material printed on newspaper
Office paper
Plastic containers #1, #2, #6
Metal containers, aerosol cans, paint cans
Containers for carbonated or malt beverages that are primarily made of a combination of steel
and aluminum
Waste metals, waste oils, clear plastic/shrink wrap, fabric, textiles, tires, batteries, laser printer
cartridges, poly coated aseptic containers, cooking oils, dinnerware
Sanitary Trash Disposal Requirements
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 necessary by the University.
18.10 Insect and Pest Control
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.
56
RFP PS-14-2329
18.11 Loss of Equipment
All losses of equipment supplied as part of this Agreement incurred by the contractor for whatever
cause, including but not limited to fire, accident, theft or vandals, shall be the sole responsibility of the
contractor.
19 Contract Cancellation
19.1
Contract Termination
The contract may be terminated by either party on the anniversary of the effective date in any
subsequent year of the contract, if either party provides the other party with written notice on hundred
and twenty (120) days prior to such anniversary date.
19.2
Contract Breach
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.
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.
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.
19.3
Non-Appropriation of Funds
The University may discontinue this Contract, in whole or in part, without penalty at any time due to
non-appropriation of funds.
19.4
Failure to Maintain Insurance Requirements
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.
.
57
RFP PS-14-2329
20 Contract Administration
20.1
Campus Contract Administrator
The Campus Contract Administrator for the University is:
Mike Gasper
Assistant to the Vice Chancellor
Administration and Finance
University of Wisconsin-La Crosse
Room 233 Graff Main Hall
1725 State Street
La Crosse, WI
Phone: (608) 785-6494
Fax: (608) 785-8035
Email: [email protected]
The Contract administrator for the University is authorized to give the approvals for vending price
changes required under this Contract on behalf of the University including changes in costs of fountain
product or canned or bottled beverage to the Dining Services.
Day to day operations will be handled by area designees.
20.2
Contractor Administrator
The successful Proposer is required to name a Contract Administrator to represent the Contractor.
The Contract Administrator will be named here by the successful Proposer:
Name:
Title:
Company:
Address:
City/State/Zip:
Phone:
Fax:
Email:
The Contract Administrator for the Contractor is authorized to give the approvals and negotiate changes
required under this contract on behalf of the Contractor.
21 Miscellaneous
58
RFP PS-14-2329
21.1
Separability
Separability. If any provision of the Contract shall be, or shall be adjudged to be, unlawful or contrary to
public policy, then that provision shall be deemed to be null and separable from the remaining
provisions, and shall in no way affect the validity of this contract.
21.2
Waiver
Waiver. A waiver by either party of any terms or conditions, provisions, or covenants of this Contract in
any instance shall not be deemed or construed to be a waiver of any such term, condition, provision, or
covenant for the future, or of any subsequent breach of same. All remedies, rights, undertakings,
obligations, and agreements contained in this Contract shall be cumulative and shall not be in limitation
of any other right, remedy, undertaking, obligation, or agreement of either party.
21.3
Amendments
Amendments. This Contract may be modified or amended in writing signed by authorized signatories of
the Contractor and University.
21.4
Adverse Interests
Adverse Interests. During the term of this Contract and any renewals, the contractor will not provide
services nor enter into any agreement to provide services to a person or organization that has interests
that are adverse to the University. If the University believes that the Contractor is violating this
paragraph, the University will notify the Contractor in Writing by certified mail. The University and the
contractor will meet and discuss the alleged violation within thirty (30) days of such notice and in good
faith seek a mutually acceptable resolution.
21.5
Assignments
Assignment. Contractor shall not assign or subcontract any of its rights or obligations under this
contract in whole or in part without prior written consent of the University. Any attempted assignment
or subcontracting without consent shall be void and of no effect.
22 Counterparts
This Contract may be executed in two counterparts, each of which shall be deemed an original, and both
of which shall constitute a Contract.
23 Payment Schedule
NOTE TO PROPOSERS: Include the payment schedule option from Proposal, (Section C, Attachment No.
7, Cash Rights Fee.), (Section C, Attachment No. 4, Athletic and Non-Athletic Sponsorship Fee), (Section
C, Attachment No. 6 Vending Commission/Guarantee).
24 Standard Terms and Conditions
59
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
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.
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
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.
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
7.0
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.
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.
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
6.2
6.3
A good faith dispute creates an exception to prompt
payment.
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.
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.
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.
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).
60
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
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
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 nonprocurement 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
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.
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
61
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, non-owned 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.
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
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.
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.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
30.0
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.
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.
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 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.
62
PS-14-2329
Section C
Attachments
1
Attachment No. 1 – Contract Exclusivity Inclusion and Exclusion
1.1 Inclusions For The Exclusive Contract
Dining Services
“Dining Service Venues” shall mean the following Dining Service facilities and operations:


Whitney Center, which includes the cafeteria. Located on the northwest end of campus, this
facility serves approximately 3,100 Students.
Cartwright Center, which includes the Bookstore, the Galley, the Cellar, the Cyber Café, and
selected food service catering. Located on the southeast end of campus, this facility serves the
remaining commuter students, faculty, staff, and guests of the university.
Athletic Department

All “Athletic Department Venues”: University-owned athletic facilities where athletic events are
scheduled.
 On-Campus Athletic Events: All athletic related events on campus
General Campus
“Campus Venues” shall mean the following: All Campus Buildings and Grounds owned and associated
with the University of Wisconsin-La Crosse campus. Please note that the La Crosse Medical Health
Science Consortium Building (HSC) is not owned by the University and reserves the right to determine
the vendor and products utilized within the building. Currently, there are two vending machines at the
HSC location operated by an independent vendor.
Inclusions for this Exclusive Contract




Campus soda and Beverage Vending: this vending contract includes soda, juice, isotonics and
waters.
Campus Pouring rights and Canned/Bottled beverage sales in Units not specifically excluded.
Campus Athletic Venue Exclusivity as noted in this Attachment No. 1
Excluded sales units may have competing product and point of purchase displays within their
units. However, these products may not be advertised or promoted at the University of
Wisconsin-La Crosse.
63
PS-14-2329



University event sponsorships for covered products will be offered exclusively to the winning
proposer.
Athletic sponsorship opportunities: (see Attachment 3)
Vending machines in the La Crosse Health Science Consortium Building (see Attachment 2)
1.2 Exclusions For The Contract
Locations Excluded from the contract are as follows:



A cooler at the Bookstore (exclusion includes floor or wall display units)
A cooler at the Badger Street Station convenience store (exclusion includes floor or wall display
units)
Catered events will be allowed to provide the beverage of choice to customers.
Products Excluded from the contract:











Snack Vending
Milk
Tap Water
Hot Chocolate
Dispensed Hot and Iced Coffee & Teas
Non-alcoholic “Beer” and “Wine” Beverages
Alcoholic Beverages
Dairy Drinks
Dispensed 100% juices
Dispensed Juice Blends and Drinks in Dispensers
Draft Sodas (such as Sprecher)
64
PS-14-2329
2
Attachment No. 2 - Required Vending Equipment
Location and Description of Required Vending Equipment and Type of Machine
Note: *=Update Equipment 2007 or newer – All other Equipment New 2013
All equipment should be capable of multi-price sales and multi-product vends.
All equipment must be compatible with debit card readers. There are currently 43 machines equipped
with debit card readers.
Energy efficient or Energy Star rated equipment is required. Machines not meeting this requirement
should be equipped with energy conserving devices such as VendingMiser technology.
Additional Units will be required as new locations are added on campus or changes to venues occur.
Location
Angell
Coate
Drake
Hutchinson
Laux
Reuter
Sanford
Eagle
Wentz
White
REC
Cartwright
Health Science Center
Centennial Hall
Cowley
Fine Arts
Graff Main
Mitchell
Morris
Physical Plant
Wimberly
Wing
Murphy Library
TOTAL
Multi-Product
Multi-Product
Glass Front
2*
2*
2*
2*
2*
2*
2*
2
2*
2*
2
2
2
3* & 3
2*
1*
3
3*
1*
1*
4
1
1
49
1*
1*
1*
3
65
Total
2
2
2
2
2
2
2
2
2
2
2
2
2
6
3
1
3
4
1
1
5
1
1
52
PS-14-2329
2.1 - Vending Sales by Location
Vending Sales by Location
FY 2012-2013
Total
Machine Location
$ of Sales
Angel Hall
$ 2,553.98
Angel Hall
$ 1,542.86
Cartwright Center
$ 1,772.35
Cartwright Center
$ 1,170.75
Centennial Hall
$ 2,488.87
Centennial Hall
$ 3,540.51
Centennial Hall
$ 2,301.44
Centennial Hall
$
760.64
Centennial Hall
$ 3,788.81
Centennial Hall
$ 3,857.31
Center for the Arts
$ 3,314.98
Center for the Arts
$ 1,688.64
Coate Hall
$ 2,747.77
Coate Hall
$ 2,272.58
Cowley Hall
$ 4,153.11
Cowley Hall
$ 3,858.15
Cowley Hall
$ 1,865.76
Drake Hall
$ 3,399.57
Eagle Hall
$ 4,685.97
Eagle Hall
$ 3,586.89
Eagle REC Center
$ 2,916.90
Eagle REC Center
$ 2,349.01
Graff Main Hall
$ 1,402.74
Graff Main Hall
$ 4,401.91
Graff Main Hall
$
858.62
Health Science Consortium
$
523.65
Health Science Consortium
$ 3,670.59
Hutchinson Hall
$ 2,702.09
Hutchinson Hall
$ 1,514.59
Laux Hall
$ 2,235.41
Laux Hall
$
372.99
Mitchell Hall
$ 2,827.45
Mitchell Hall
$ 2,621.20
Mitchell Hall
$ 3,337.77
Mitchell Hall
$
980.40
Morris Hall
$ 1,608.19
Murphy Library
$ 9,861.10
Physical Plant
$
972.21
Reuter Hall
$ 3,061.03
Reuter Hall
$ 1,138.26
Sanford Hall
$ 2,732.24
66
PS-14-2329
Sanford Hall
Wentz Hall
Wentz Hall
White Hall
White Hall
Wimberly Hall
Wimberly Hall
Wimberly Hall
Wimberly Hall
Wimberly Hall
Wing Technology Center
Total
3
$
$
$
$
$
$
$
$
$
$
$
453.80
2,133.34
776.37
2,128.46
1,113.36
2,697.86
3,343.92
2,428.00
5,407.85
1,702.82
2,217.70
$131,842.77
Attachment No. 3 – Athletic Sponsorship Opportunities/Non-Athletic Sponsorship and
Marketing Opportunities
Athletic Department Sponsorship Opportunities, Non-Athletic Sponsorship and Marketing
Opportunities
3.1 Athletic Sponsorship Opportunities
The Athletic Department will provide marketing/promotional opportunities for an Athletic Sponsorship
Fee payable annually to the Athletic Department for the life of the contract. The current annual
sponsorship fee is $15,000.
The details of such sponsorship and marketing/promotional opportunities will be contingent upon the
respondent’s proposal for the Athletic Sponsorship Fee. The following is a list of possible sponsorship
opportunities.





Recognition on stadium video board during all home competitions.
Public address announcements at all home athletic events.
Venue signage.
In-game promotions sponsorship at home events.
Maroon Platoon sponsorship, the student support organization for UW-L Athletics, which
currently numbers approximately 1,200 members.




Permanent signage opportunities
Logo on seasonal schedule cards.
Game Day program advertisement.
Website recognition.
67
PS-14-2329
3.2 Non-Athletic Sponsorship and Marketing Opportunities
Marketing Proposal for Non-Athletic Departments: The contractor shall pay the University with an
annual Non-Athletic Sponsorship Fee to assist in marketing services on campus as determined by the
University. These funds will be managed by University Centers and may be held as a debit fund by the
contractor. The contractor will provide a monthly report to University Centers of expenditures and the
remaining balance. University Centers will approve requests made by campus organizations prior to
sending the request to the Contractor. The current annual sponsorship fee is $11,000.
The marketing opportunities should promote the campus initiatives and events as well as the proposer’s
relationship with the University. Marketing Sponsorship Opportunities at the University of WisconsinLa Crosse include, but is not limited to, the following: Banners for special events, seasonal promotions,
product or merchandise (such as t-shirts and other apparel) for giveaways, contests, door prizes and
special events ( i.e. Fall Move-in/Welcome Week) and other events open to the entire campus
community and benefiting UW-La Crosse students.
3.3 Written Proposal of Athletic Sponsorship, Non-Athletic Sponsorship and Marketing
Opportunities Required
SUBMIT A WRITTEN PORPOSAL FOR ATHLETIC SPONSORSHIP, NON-ATHLETIC SPONSORSHIP AND
MARKETING AT THE UNIVERSITY OF WISCONSIN-LA CROSSE FOR A SEVEN (7) YEAR CONTRACT
INCLUDING THE FOLLOWING ITEMS.
EVALUATION VALUE: 100 POINTS
1) Please describe your organizations sustainability efforts in the manufacturing, packaging and
distribution of the products proposed within this RFP.
2) Please provide examples of how your organization has assisted in the promotion of Athletics
programs. For this proposal, please describe support opportunities that would be made
available in addition to the Athletic Sponsorship Fee. These may include, but is not limited to
the following:
a. Giveaways/Merchandise
b. Banners
c. Product
d. Other creative proposals
3) Please describe the process and procedures the University will follow to receive funds proposed
in Section C, 4.2 (Non-Athletic Sponsorship and Marketing Opportunities) from the contractor.
Also, please provide responses to the following items for each section.
a. Giveaways/Merchandise
i. How would these items be purchased?
ii. How would these items be provided to UW-La Crosse?
iii. What types of items would be available from the contractor?
b. Banners
i. Please provide samples of design options.
ii. How would they be ordered?
68
PS-14-2329
iii. How would they be provided to UW-La Crosse?
c. Product
i. What products would be available from the contractor?
ii. What package options would be available (12oz./12-pack, 20oz./24-packs, etc.)?
d. Describe other creative proposals or ideas available for marketing.
69
PS-14-2329
4
Cost Proposal: Athletic and Non-Athletic & Marketing Sponsorship Opportunities Fees
Please submit an Annual Athletic and Non-Athletic Sponsorship Opportunities Fee.
Fill in the information below and include with your response.
4.1 Athletic Sponsorship Fee: (payable at contract signing and subsequent contract
anniversaries)
$_________________________________________
4.2 Non-Athletic Marketing & Sponsorship Fee: (payable at contract signing and
subsequent contract anniversaries)
$_________________________________________
4.3 Aggregate (Athletic Sponsorship Fee + Non-Athletic Sponsorship fee)( 100pts):
$_________________________________________
RETURN THIS PAGE WITH PROPOSAL
70
PS-14-2329
5
Cost Proposal: – Post-Mix and Canned/Bottled Beverage
Product Pricing and Soft Drink Beverage List
RETURN THIS ATTACHMENT NO. 5 WITH PROPOSAL
5.1 Brand Name and Flavors of Each Product
List the brand name and flavors of each product listed below that Proposer intends to provide. (Please
provide List on a separate page and attach to Attachment No. 5)
5.2 Cost Proposal Form (Price List)
Product Price Proposal for University of Wisconsin-La Crosse
Product
Brand Name
Pack
Indicate New
Pack, if
Necessary
Estimated
Annual
Usage
Current
Unit
Price
1
Post-Mix Soda
3 Gal. BIB
1675
Gallon
$13.43
2
Post-Mix Teas
3 Gal. BIB
350
Gallon
$12.52
3
Post-Mix Isotonic
(ie. Gatorade,
Powerade)
3 Gal. BIB
675
Gallon
$13.43
4
Post-Mix Soda
5 Gal. BIB.
600
Gallon
$12.98
5
Soda in 20 oz.
Plastic Bottles
24/20 oz./Case
975
Case
$20.59
6
Soda 2 Liter
Plastic Bottles
8/Case
20
Case
$12.12
7
Canned Soda, 12
oz. 12 Pk.
2/12Pk./Case
2825
Case
$8.30
8
Canned Soda, 16
oz.(ie. Alumnitek
can)
12/Case
25
Case
$13.68
9
Isotonic in 32 oz.
Plastic Bottles (ie.
Gatorade,
Powerade)
15/32 oz./Case
85
Case
$25.56
10
Isotonic in 20 oz.
Plastic Bottles
(i.e. Gatorade,
Powerade)
Bottled Water,
12 oz. Bottle
24/20 oz./Case
75
Case
$23.90
3/8Pk./Case
250
Case
$13.87
20
Case
$18.49
12
Bottled Water, 1
liter Bottle
15/Case
13
Bottled Water,
20 oz. Bottle
24/Case
375
Case
$20.32
11
71
Cost to
Institution
PS-14-2329
14
Bottled Water,
Flavored Vitamin
(i.e. Klarbrunn
Vita Ice,
Aquafina,
Propel), 17 oz.
12/Case
25
Case
$10.64
15
100% Fruit juices,
15.2 oz. Bottle
12/Case
285
Case
$14.05
16
Juice Blends &
Drinks, (i.e., MD
Kickstart), 16 oz.
Can
12/Case
90
Case
$10.29
17
Bottled Natural
Teas, (i.e. Lipton,
Nestea), 20 oz.
Bottle
15/Case
80
Case
$16.56
18
Canned Teas, (i.e.
Lipton, Nestea),
24 oz. Can
12/Case
105
Case
$13.68
19
Bottled Pure Leaf
Teas, (i.e. Lipton)
18.5 oz. Bottle
12/Case
70
Case
$13.23
20
Bottled Tea, (i.e.
Lipton, Nestea), 1
liter Bottle
15/Case
30
Case
$18.73
21
Bottled Coffee
Based Beverage
(i.e. Frappuccino,
Caribou,
Starbucks) 11 oz.
Bottle
12/Case
55
Case
$20.26
22
Bottled Coffee
Based Beverage
(i.e. Frappuccino,
Caribou,
Starbucks) 13.7
oz. Bottle
12/Case
125
Case
$21.06
23
Coffee Based
Beverage (i.e.
Frappuccino,
Caribou,
Starbucks) 15 oz.
Can
12/Case
30
Case
$23.56
24
New Age
Beverage (i.e.
Sobe, Glaceau,
Fuze) 20 oz.
Bottle
12/Case
50
Case
$15.22
25
New Age
Beverage (i.e.
Sobe Life Water
20 oz. Bottle
12/Case
80
Case
$14.63
72
PS-14-2329
26
Energy Drinks
(i.e. Amp) 16 oz.
can
12/Case
70
Case
$19.08
27
Energy Drinks
(i.e., Full Throttle,
Rockstar, NOS)
16 oz. can
24/Case
60
Case
$37.78
28
Muscle Milk 14
oz. bottle
12/Case
20
Case
$31.99
29
Carbonic Gas in
20 lb. tank,
where applicable
(picnics, banquet
bars, etc.)
20 lb. tank
tanks
No
Charge
No Charge
*List is based on current product usage; please provide available package types and pricing if not
indicated within this list.
* If your pack is different than specified, please indicate new pack and pricing.
*Identify all available flavors.
RETURN THIS ATTACHMENT NO. 4 WITH PROPOSAL
73
PS-14-2329
6
Cost Proposal: Vended Soft Drinks (Attachment 6)
Vended Soft Drinks
6.1 Vended Soft Drink Products
List on a separate page and attach to Attachment No. 6 the available Vended Soft Drink Beverages that
Proposer intends to provide. (List the Brand Name and Flavors of each product listed below in Section C,
Attachment No. 6, Item 6.2.)
6.2 Commission Proposal: Vended Soft Drink Beverages
Complete the Following: (Refer to Section C, Attachment 2 for detail on required new equipment, debit
card requirements, etc.)
Product
Brand Name
Commission %
Estimated
Use per
Year
(Cases)
Selling
Price
Minimum
Commission
2,900
$1.50
60%
Isotonics / Sports Drinks
(20 oz. Bottle)
300
$1.50
60%
Juice Drinks
(15 oz. – 20 oz. Bottle)
175
$1.50/$1.75
60%
525
$1.25-$1.75
60%
Teas
(16 oz. – 20 oz.)
225
$1.50/$1.75
60%
Cold Coffee
Drinks/Frappuccino
(9.5 oz. – 16 oz.)
45
$1.50/$1.75
60%
Energy
(16 oz. – 20oz.)
15
$2.00-$2.50
60%
Soda
(20 oz. Bottle)
Waters
Regular/Flavored/
Carbonated/Vitamin
(16 oz. - 20 oz. Bottle)
Flat Rate commission % for all Sales:
(No sales volume % increments)
74
PS-14-2329
Estimated sales (including tax of 5.5%)
$135,000
Minimum Annual Guarantee Required:
$100,000
6.3 Option to Propose a Lower Minimum Annual Guarantee
The Contractor, at its option, may elect to quote a lower annual guarantee of
$_________________________________________
Note: Do not make an entry on this option unless lower maximum guarantee is intended.
75
PS-14-2329
7
Cost Proposal – Cash Rights Fee (Attachment No. 7)
CASH RIGHTS FEE
Fill in the information below and include with your response.
CASH RIGHTS FEE FOR EXCLUSIVE SOFT DRINK POURING AND VENDING RIGHTS AT THE UNIVERSITY OF
WISCONSIN-LA CROSSE. SUBMIT A CASH RIGHTS FEE PROPOSAL FOR A SEVEN (7) YEAR CONTRACT.
Annual cash rights fee (payable at contract signing and subsequent contract anniversaries). The current
cash rights fee is $70,000 annually.
$_________________________________________
RETURN THIS PAGE WITH PROPOSAL
76
PS-14-2329
8
Attachment No. 8 - Vendor Information – DOA 3477
VENDOR INFORMATION
1. Proposing Company Name:
Fein:
Fax:
Phone:
Toll Free Phone:
Address:
City:
State:
Zip:
2. Name of person we may contact in the event there are questions about your Proposal.
Name:
Title:
Phone:
Toll Free Phone:
Fax:
Address:
3. Vendor that is awarded this contract will be required to submit affirmative action information
to the University. Please name the person in your company we may contact about this plan.
Name:
Title:
Phone:
Toll Free Phone:
Fax:
Address:
4. Mailing address where state purchase orders are to be mailed.
Name:
Title:
Phone:
Toll Free Phone:
Fax:
Address:
RETURN THIS PAGE WITH PROPOSAL
77
PS-14-2329
9
Attachment No. 9 – Vendor Client Reference - DOA 3478
Vendor Client Reference
Company 1 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Email:
Company 2 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Email:
Company 3 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Company 4 Name:
Email:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Email:
RETURN THIS PAGE WITH PROPOSAL
78
PS-14-2329
10 Attachment No. 10 – Bank Reference
Bank Reference
Bank 1 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Bank 2 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Bank 3 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Bank 4 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
RETURN THIS PAGE WITH PROPOSAL
79
PS-14-2329
11 Attachment No. 11 – Terms and Conditions
TERMS AND CONDITIONS
If awarded this PROPOSAL, we agree to all the terms and conditions of this PROPOSAL (including all
attachments), PROPOSAL addenda and revisions, and the Proposal of the successful Proposer, and
additional terms agreed to, in writing, by the agency and the contractor shall become part of the
contract. I understand that failure to accept and carry out this contractual agreement in its entirety
may result in a cancellation of award.
Proposer:
By:
Printed Name:
Title:
Date:
12
Attachment No. 12 Proposer Information
Proposer Information
Contractor:
Ordering/Expediting:
Invoice Information:
Contract Renewal/Cancellation:
Contract Problems:
Returns:
Phone No.:
Fax No.:
RETURN THIS PAGE WITH PROPOSAL
80
PS-14-2329
13 Attachment No. 13 – Designation of Confidential and Proprietary Information DOA 3027
DESIGNATION OF CONFIDENTIAL AND PROPIETARY INFORMATION
THE ATTACHED MATERIAL SUBMITTED IN RESPONSE TO Proposal No. PS-13-2329 includes proprietary and
confidential information which qualifies as trade secret, as provided in Section 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 Proposal/Proposal Response be treated as confidential material and not be released
without our written approval. 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 NECESSSARY ASSISTANCE TO
DEFEND THE DESIGNATION OF CONFIDENTIALITY.
This does not apply to Proposal or Proposal prices. Prices are always open. Other information usually 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. Failure to include this form in the
Proposal/Proposal Response may mean that all information provided as part of the Proposal response will be open
to examination and copying. The state considers other markings of confidential in the 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.
Name Authorized Representative
Company Name
Signature Authorized Representative
Date
RETURN THIS PAGE WITH PROPOSAL
81
PS-14-2329
14 Attachment No. 14 – Vending Reader Requirements
VENDING READER SURVEY GUIDE
Introduction
The University utilizes the CBORD Transaction System – CS Gold version 6. The University has
implemented 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 purchase/lease
of the cards, card readers, installation of communication lines, selling and establishing purchase value
and vending categories for purchases.
The contractor shall be responsible for providing vending machines compatible with the CBORD
Transaction System and installing University provided card readers on vending machines.
Product Specifications
IP-MDB Vending Reader – CBORD Part Number 4VEN0309
Card reader
Magnetic stripe: 300 to 4000 oersted magnetic stripe reader with a floating read head
Card type: ISO 7810 to 7813
Card insert: Horizontal insert type style card
Magnetic head life: 300,000 passes
Optional: Card swipe, iClass, or Prox available
Physical dimensions
Size: 4.25” h x 3.875” w x 5.25” d; front bezel width 3.375”
Shipping weight: 5 lbs
Technical specifications
Network connectivity: 10 base-T TCP/IP network protocol
Operator display: 2 line x 16 segment LCD with backlight
Power required: 24-34 VDC from MDB interface
Environmental characteristics
Operating temperature: 0-45° C
Ambient humidity: 30-85% RH without condensation and frost formation
Mounting location: Indoors, away from wind, rain, sunlight, and dust
For additional information, please contact Paul D. Schlough, Procurement Specialist Senior at 608-2650557 or by email at [email protected]
82
PS-14-2329
15 Attachment No. 15. – Post Mix Equipment & Coolers
POST MIX EQUIPMENT & COOLERS REQUIRED BY LOCATION
Location: Whitney Center
Equipment
Number of
Equipment
Number of
Faucets
Ice Maker
Soda Fountain
1
12
No
Soda Fountain
1
12
No
Soda Fountain
Notes
1 – Ice Tea Dispenser - liquid
Location: Whitney Center – Flying Star:
Equipment
Number of
Equipment
Number of
Faucets
Ice Maker
Soda Fountain
1
8
No
Notes
Location: Whitney Center - Sub Shop/Smart Market
Equipment
Number of
Equipment
Number of
Faucets
Ice Maker
Soda Fountain
1
10
No
Soda Fountain
1
12
No
One Door End
Cap Coolers
1
Large Two Door
Cooler
3
Notes
Naked Juice one door cooler
2 – Simply to Go
1-ice tea dispenser, liquid
1 – Smart Market
Location: Cartwright Center - Galley
Equipment
Number of
Equipment
Number of
Faucets
Ice Maker
Soda Fountain
1
12
No
Soda Fountain
1
12
No
Soda Fountain
1
8
No
83
Notes
In counter dispenser at E&G
PS-14-2329
Location: Cartwright Center - Cellar
Equipment
Number of
Equipment
Number of
Faucets
Ice Maker
Soda Fountain
1
10
No
Open air cooler
1
Notes
For Naked Juice
Location: Cartwright Center: Various Locations
Equipment
Number of
Equipment
Number of
Faucets
Ice Maker
Notes
One Door Cooler
1
Bottled Pepsi around 4 feet tall
Galley
One Door Cooler
1
Centennial Cafe
Two Door Cooler
1
Murphy’s Mug
*Additional Units will be required as new locations are added on campus or changes to venues occur.
The University of Wisconsin-La Crosse will be building a new student center. Construction will begin in
summer of 2014 with completion anticipated in summer of 2016. The new student center is anticipated
to have three 12-head beverage locations in the main floor dining areas and one 12-head dispenser in
the lower level pizza area. In addition, preliminary plans indicate the following equipment needs: 3
Counter-Top Ice and Soda Dispensers, 1 Glass Door Refrigerator and and 1 in-counter soda dispenser
with bin. There may be a need for some reach in coolers or open air coolers, but this has not been
determined at this time.
Estimated Daily Traffic by location
Whitney Main Dining, Flying Star – 3,900
Simply to Go – 700
Smart Market (C-Store) – 2,000
Galley – 1,000
Cellar (Food on Demand) – 1,200
Centennial Café – 400
84
PS-14-2329
Murphy’s Mug - 350
85
PS-14-2329
16 Attachment No. 16. – Campus Building Projects
Planned new building construction and renovation projects with anticipated openings
during the contract period:
o
o
o
o
o
o
Softball Complex – Spring 2014
New Gymnastics Facility – Summer 2015
New Residence Hall – Fall 2015
New Student Center – Fall 2016
Wittich Hall Renovation for College of Business – Fall 2017
New Science Building – Fall 2018
86
PS-14-2329
17 Attachment No. 17 Affidavit
University of Wisconsin System
780 Regent Street
Madison, WI 53715
This completed affidavit must be submitted with the bid/proposal.
Proposer Preference: Please indicate below if claiming a proposer preference:
☐
Minority Business Preference (§ 16.75(3m), Wis. Stats.) – Must be certified by the Wisconsin Department of
Administration. If you have questions concerning the certification process, contact the Department of
th
Administration, 101 E Wilson St, 6 floor, PO Box 7970, Madison, WI, 53707 or (608) 267-9550.
☐
Work Center Preference (§ 16.752, Wis Stats.) Must be certified by the State of Wisconsin Use Board. If
you have questions concerning the certification process, contact the Wisconsin State Use Board, 101 East
th
Wilson St, 6 floor, PO Box 7867, Madison WI, 53707 or (608) 266-2553
American-Made Materials: The materials covered in our proposal were manufactured in whole or in
substantial part within the United States, or the majority of the component parts thereof were
manufactured in whole or in substantial part in the United States.
☐ Yes
☐ No
☐ Unknown
☐ N/A (Does not apply)
Services Performed in the United States (2009 Wis Act 136): All services provided to the University of
Wisconsin System or any of its campuses under this proposal will be performed in the United States.
☐ Yes
☐ No
☐ N/A (Does not apply)
Non-Collusion: In signing this proposal we also certify that we have not, either directly or indirectly, entered into any
agreement or participated in any collusion or otherwise taken any action in restraint of free trade; that no attempt has been
made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently
arrived at without collusion with any other proposer, competitor, or potential competitor; that this proposal has not been
knowingly disclosed prior to opening of proposals to any other proposer or competitor; that the above statement is accurate
under penalty of perjury.
We will comply with all terms, conditions, and specifications required by the State of Wisconsin in this Announcement of
Bid/Proposal and the terms of our Bid/Proposal.
Authorized Representative:
Title:
(Type or Print)
Authorized Representative:
Date:
(Signature)
Company Name:
Telephone:
87
PS-14-2329
PS-14-2329
Bid Submittal Checklist
Required Cost Proposal Forms (Must be Sealed in a Separate Envelope):
Attachment No. 4 – Cost Proposal: Athletic and Non-Athletic and Marketing Sponsorship Opportunities
Fee
(Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)
Attachment No. 5 – Cost Proposal: Post Mix and Canned/Bottled Beverage
(Section C, Attachments No. 4, 5, 6, and 7 must be submitted together in a separate sealed envelope)
Attachment No. 6 – Cost Proposal Vended Soft Drinks (Commission Proposal)
(Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)
Attachment No. 7- Cost Proposal: Cash Rights Fee
(Section C, Attachments No. 4, 5, 6 and 7 must be submitted together in a separate sealed envelope)
Required Proposal Documentation (With No Mention of Cost Proposals):
Signed Request for Proposal form (DOA 3261)
Attachment 9 - Completed Vendor Client Reference (DOA-3478)
Attachment 13 - Completed Designation of Confidential and Proprietary Information
Attachment 8 - Completed Vendor Information (DOA-3477)
Attachment 10 – Bank Reference
Attachment 17 - Completed Affidavit
Attachment 11 – Terms and Conditions
Attachment 12 – Proposer Information
Attachment No. 3 – Written Proposal of Athletic Sponsorship, Non-Athletic sponsorship and Marketing
Opportunities (3.2)
Completed narrative responses to Section A, No. 4.0, Items 4.1-4.6 (Equipment & Service)
Completed narrative responses to Section A, No. 5.0, Items 5.1-5.6 (Equipment & Service)
Note: This checklist is to help proposers ensure their submittal packet is complete. This
sheet does not need to be returned as part of the proposal submittal.
88
Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertisement