University of North Carolina at Wilmington

Transcription

1 University of North Carolina at Wilmington Request for Proposal #: 72-PCWP18151 Snack Vending Services Date of Issue: 04/26/18 Proposal Opening Date: 06/07/18 At 3:00 PM ET Bid Opening Location: UNCW Purchasing Services 626 MacMillan Avenue Wilmington, NC Direct all inquiries concerning this RFP to: Carol Page, Purchasing Specialist UNCW Purchasing Services Phone: 910/

2 University of North Carolina at Wilmington Request for Proposal # 72-PCWP18151 For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company s Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S (b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: Federal ID Number or Social Security Number Vendor Name

3 STATE OF NORTH CAROLINA University of North Carolina at Wilmington Purchasing Services 601 South College Road Wilmington, NC Refer ALL Inquiries regarding this RFP to: Carol Page UNCW Purchasing Services 910/ Request for Proposal # 72-PCWP18151 Proposals will be publicly opened: 06/07/18 3:00 PM ET Contract Type: Open Market Description: Snack Vending Services Requisition No.: TBD EXECUTION In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S ), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S ), and that it is not an ineligible Vendor as set forth in G.S False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S , the undersigned Vendor certifies that it, and each of its sub-contractors for any contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contract; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR S AUTHORIZED SIGNATURE: DATE: Offer valid for at least 60 days from date of proposal opening, unless otherwise stated here: days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the University of North Carolina at Wilmington shall affix his/her signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). FOR UNCW USE ONLY: Offer accepted and contract awarded this day of, 20, as indicated on the attached certification, by (Authorized Representative of University of North Carolina at Wilmington. Ver: 6/20/16 Page 1 of 31

4 Table of Contents 1.0 PURPOSE AND BACKGROUND GENERAL INFORMATION REQUEST FOR PROPOSAL DOCUMENT NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS RFP TENTATIVE SCHEDULE PROPOSAL QUESTIONS PROPOSAL SUBMITTAL PROPOSAL CONTENTS ALTERNATE PROPOSALS DEFINITIONS, ACRONYMS, AND ABBREVIATIONS METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS METHOD OF AWARD CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION PROPOSAL EVALUATION PROCESS EVALUATION CRITERIA PERFORMANCE OUTSIDE THE UNITED STATES INTERPRETATION OF TERMS AND PHRASES REQUIREMENTS CONTRACT TERM PRICING INVOICES PAYMENT TERMS FINANCIAL STABILITY VENDOR EXPERIENCE REFERENCES BACKGROUND CHECKS Ver: 6/20/16 Page 2 of 31

5 4.9 PERSONNEL VENDOR S REPRESENTATIONS SCOPE OF WORK GENERAL PROJECT ORGANIZATION TECHNICAL APPROACH ACCEPTANCE OF WORK LIQUIDATED DAMAGES CONTRACT ADMINISTRATION DISPUTE RESOLUTION CONTRACT CHANGES ATTACHMENT A: INSTRUCTIONS TO VENDORS ATTACHMENT B: SPECIAL CONTRACTUAL REQUIREMENTS FOR VENDING ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ATTACHMENT D: PRICING ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION ATTACHMENT G: COMPANY REFERENCES ATTACHMENT H: CURRENT SNACK VENDING PROGRAM Ver: 6/20/16 Page 3 of 31

6 1.0 PURPOSE AND BACKGROUND The University of North Carolina at Wilmington ( UNCW or University ) requests proposals from qualified and experienced vendors to provide and service snack vending machines containing a variety of snack products at designated locations on our main campus and satellite locations. This includes vended snack items only, excluding any item(s) already addressed in other UNCW contracts/agreements, such as carbonated beverages and bottled water. This is a full service contract. Snack items include, but are not be limited to: crackers, potato chips, candy, pastries, gum, cookies, healthy-choice, etc. Information about heated beverages (i.e. coffee and tea), frozen and refrigerated vending items is of interest, but the University has yet to decide whether or not to include them in the campus vending program. The University views its vending program not only as a service for the University community but also as a source of significant revenue to help fund student scholarships. The University desires a full service contract under which the vendor provides all equipment, inventory, and service, and pays a commission to the University in accordance with the enclosed scope of work. The University expects that the successful Vendor will provide excellent service, fresh product, and provide state-of-the-art equipment. Product assortment will be continually adjustment to meet consumer demand, introduce new products and trends. Machines shall be located in areas specified for vending within buildings on UNCW Campus, with a few outdoor locations. The awarded vendor and UNCW will negotiate a phased installation of equipment in the case of a change in the awarded vendor. UNCW will not pay any start-up or up-front cost relative to this RFP. This RFP and any subsequent contract award are independent of other UNCW products and/or agreements. UNCW operates its OneCard program utilizing the Blackboard campus ID card program. UNCW desires all snack vending machines to be equipped with dual card readers capable of processing transactions on the OneCard as well as debit and credit cards. UNCW snack vending program currently consists of 33 machines and in FY16/17 generated gross revenue of about $70,000 The current program is to be considered a baseline as UNCW intends to expand the number of machines in the snack vending program. See Attachment H for full details on our current vending operations and locations. Link to UNCW s Vending Web Page: Attached is data is provided for information only and UNCW does not guarantee any minimum sales volumes for future contracts. Attached are 1) previous 3 years' gross sales totals, 2) current equipment 3) Current UNCW snack pricing, and 4) Campus map with UNCW locations noted. Revenue sharing with UNCW shall be as follows: A commission paid based on total monthly gross receipts. Commission payment shall be rendered to UNCW on a monthly basis. In the event the sum of those commissions for the period stated fall short of the minimum guaranteed amount, the vendor will pay the University the difference within thirty (30) days of the end of each year of the contract that the amount falls short. University of North Carolina Wilmington is one of the 17 campuses comprising the UNC System. The school s main campus is on 656 acres in the city of Wilmington, just a few miles from the Atlantic coast. In round numbers, UNCW has enrollment of 14,500 undergraduates and 2000 graduate students. Nearly 4200 undergraduates live on campus. For more information about the campus, academics and student demographics please visit: Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before contract award. All attachments and addenda released for this RFP in advance of any contract award are incorporated herein by reference. 2.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor s responsibility to read the Instructions, the University s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and Ver: 6/20/16 Page 4 of 31

7 specifications herein. Vendors also are responsible for obtaining and complying with all addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with in the instructions in Section 2.4 PROPOSAL QUESTIONS. If the University determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The University may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the contract that have been addressed during the question and answer period. Other than through this process, the University rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor s proposal. This applies to any language appearing in or attached to the document as part of the Vendor s proposal that purports to vary any terms and conditions or Vendors instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor s proposal shall constitute a firm offer. By execution and delivery of this RFP response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor s proposal as nonresponsive. If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the University. Identification of objections or exceptions to the University s terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected. Contact with anyone working for or with the University regarding this RFP other than the University Purchasing Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor s offer, at the University s election. 2.3 RFP TENTATIVE SCHEDULE The table below shows the tentative schedule for this RFP. The University will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP University 04/26/18 Submit Written Questions Vendor No later than 05/17/18 12:00 Noon ET Provide Response to Questions (Tentative) University No later than 05/21/18 Submit Proposals Vendor Must be received by 3:00 PM ET 06/07/18 Finalist Interviews (If needed) University The week of June 18 th Contract Effective Date (Tentative) University On or before 07/01/18 Implementation Completion Target Date Vendor & University Before 08/21/18 (First Day of Classes) 2.4 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be ed to pagec@uncw.edu by the date and time specified above. Vendors should enter RFP # 72-PCWP18151 Questions as the subject for the . Question submittals should include a reference to the applicable RFP section. Questions received prior to the question submission deadline date, the University s response, and any additional terms deemed necessary by the University will be posted in the form of an addendum to the Interactive Purchasing System Ver: 6/20/16 Page 5 of 31

8 (IPS), and shall become an addendum to this RFP. No information, instruction or advice provided orally or informally by any University personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an addendum to this RFP. 2.5 PROPOSAL SUBMITTAL Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein. Mailing address for delivery of proposal via US Postal Service PROPOSAL NUMBER: 72-PCWP18151 University of North Carolina at Wilmington Attn: Carol Page, Purchasing Specialist Purchasing Services 601 S. College Rd. Wilmington, NC Office Address of delivery by any other method (special delivery, overnight, or any other carrier) PROPOSAL NUMBER: 72-PCWP18151 University of North Carolina at Wilmington Attn: Carol Page, Purchasing Specialist Purchasing Services 626 MacMillan Avenue Wilmington, NC IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein. Note: the U.S. Postal Service generally does not deliver mail to specified street address but to Wilmington s Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the UNCW s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to , in response to this RFP shall NOT be accepted. a) Submit one (1) signed, original executed proposal response, three (3)) photocopies, one (1) un-redacted electronic copy on CD, DVD or flash drive and, if required for confidentiality, one (1) redacted electronic (Proprietary and Confidential Information Excluded) copy on CD, DVD or flash drive of your proposal simultaneously to the address identified in the table above. b) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. c) The electronic copies of your proposal must be provided on separate read-only CD s, DVD s or flash drives. The files on the discs shall not be password protected, shall be in.pdf or.xls format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. Ver: 6/20/16 Page 6 of 31

9 Disc One must contain the entire Technical and Cost Proposal including any proprietary information and have the following label affixed to the disc: 1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words Disc One - Technical and Cost Proposal Non-Redacted. Disc Two, if required for confidentiality, must contain the Technical and Cost Proposal excluding any proprietary information identified as confidential and proprietary in accordance with Attachment A, Paragraph 11 of the Instructions to Vendors. The University of North Carolina at Wilmington, in responding to public records requests, will release the information on this disc. It is the sole responsibility of the Vendor to ensure that this disc complies with the requirements of A, Paragraph 11 of the Instructions to Vendors. The following label must be affixed to the disc: (1) Vendor name; (2) the RFP number; (3) the due date; and (4) the words Disc Two Technical and Cost Proposal Redacted Copy. 2.6 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order: a) Cover Letter b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) Vendor response to include completed and signed version of EXECUTION PAGES, along with the body of the RFP, and signed receipt pages of any addenda released in conjunction with this RFP (if required to be returned). d) ATTACHMENT A: INSTRUCTIONS TO VENDORS e) ATTACHMENT B: SPECIAL CONTRACTUAL REQUIREMENTS FOR VENDING f) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS g) Completed version of ATTACHMENT D: PRICING h) Completed and signed version of ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR i) Completed and signed version of ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION j) Completed ATTACHMENT G: FIRM REFERENCES k) Completed ATTACHMENT H: CURRENT SNACK VENDING PROGRAM 2.7 ALTERNATE PROPOSALS Vendor may submit alternate proposals for various methods or levels of service(s) or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: Alternate Proposal RFP 72-PCWP18151 for Vendor: (insert company name). Each proposal must be for a specific set of services and must include specific pricing. If a Vendor chooses to respond with various service offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered. 2.8 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS a) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency. b) CONTRACT LEAD: Representative of the University of North Carolina at Wilmington will administer the awarded contract, if any, for the University. c) E-PROCUREMENT SERVICES: Not applicable. d) PURCHASING SPECIALIST: Representative of the University of North Carolina at Wilmington who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the University. e) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor. Ver: 6/20/16 Page 7 of 31

10 f) RESPONSIVE PROPOSAL: A bid proposal that meets all criteria of a bid such as, but not limited to, bid execution, and submittal of all required data within the required timeframe. g) RESPONSIBLE PROPOSER: Proposer has 1) the skill, judgment, and integrity necessary to faithfully perform the contract and 2) has sufficient financial resources and 3) has the ability to perform the contract. h) RFP: Request for Proposal i) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. j) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions. k) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD All qualified proposals will be evaluated and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the criteria described below. While the intent of this RFP is to award a contract(s) to single Vendor, the University reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to the University to do so. The University reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period from the date proposals are opened through the date the contract is awarded each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor s office), or private entity, if the communication refers to the content of Vendor s proposal or qualifications, the contents of another Vendor s proposal, another Vendor s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor s proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS The University shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State will conduct a One-Step evaluation of Proposals: Proposals will be received from each responsive Vendor in a sealed envelope or package. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP. Ver: 6/20/16 Page 8 of 31

11 At that date and time, the package containing the proposals from each responding firm will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor s pricing position. At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 3.4 EVALUATION CRITERIA, below. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the University reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the University. The University reserves the right to reject all original offers and request one or more of the Vendors submitting proposals to submit best and final offers (BAFOs), prepared in collaboration with the University after the initial responses to the RFP have been evaluated. Upon completion of the evaluation process, the University will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the University. 3.4 EVALUATION CRITERIA In addition to the general award criteria listed under the heading Procurement Process, proposals will be evaluated using the following criteria. Apparent ability of the proposing Vendor to provide qualified personnel with appropriate experience (demonstrated by resumes and sources of other manpower). References demonstrate the required experience (confirmed by reference checks) 40% Service, quality, type of equipment proposed, and brands of merchandise offered. This includes product brand awareness and added value. Recommended pricing and product offerings will also be reviewed. 40% Potential revenue to UNCW. UNCW reserves the right to award based on the proposal demonstrating highest level of service and revenue opportunity. This includes value-add options or incentives such as sponsorships and guaranteed revenue. 10% Willingness to Accept RFP Terms and Conditions. Any exceptions to the Terms and Conditions of the RFP must be in writing. 10% WARNING Contracts that are contingent upon changes to the University's terms and conditions may, if the University at its sole discretion determines not to accept the alternate terms and conditions, be rejected as non-responsive. 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the University may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the University: Total cost to the University Ver: 6/20/16 Page 9 of 31

12 Level of quality provided by the Vendor Process and performance capability across multiple jurisdictions Protection of the University s information and intellectual property Availability of pertinent skills Ability to understand the University s business requirements and internal operational culture Particular risk factors such as the security of the University s information technology Relations with citizens and employees Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as shall, must, and requirements are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the University to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.4. Vendors not meeting these requirements will not be considered and their proposals will be rejected. 4.1 CONTRACT TERM The contract shall have an initial term of five (5) years, beginning on the date of contract award (the Effective Date ). At the end of the contract s current term, the University shall have the option, in its sole discretion, to renew the contract on the same terms and conditions for up to a total of one additional five-year term. The University will give the Vendor written notice of its intent whether to exercise each option before the end of the contract s then-current term. In addition, the University reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. UNCW at its option, may cancel the agreement prior to 06/30/2023, by written notification, thirty (30) days prior to termination due to poor service, failure to pay commissions in a timely manner, low sales volumes, or other cause. 4.2 PRICING Proposal price shall constitute the total cost to the University for complete performance in accordance with the requirements and specifications herein, including but not limited to all personnel costs, anticipated staff hours (including hourly rates and total hours), travel and subsistence expenses, subcontractor costs (if any), office expenses, applicable charges handling, administrative and other similar fees. Total cost should represent the total not to exceed (maximum) cost for each entity. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT D: PRICING FORM and include in Proposal. 4.3 INVOICES a) The Vendor must submit one monthly invoice within fifteen (15) calendar days following the end of each month in which work was performed. Ver: 6/20/16 Page 10 of 31

13 b) Invoices must be submitted to the following address: UNCW, Attn: Accounts Payable, 601 S. College Road, Wilmington, NC 28403, c) Invoices must bear the purchase order number to ensure prompt payment. The Vendor s failure to include the correct purchase order number may cause delay in payment. d) Invoices must include an accurate description of the work for which the invoice is being submitted, the invoice date, the period of time covered, the amount of fees due to the Vendor and the original signature of the Vendor s project manager. 4.4 PAYMENT TERMS The Vendor will be paid net thirty (30) calendar days after the Vendor s invoice is approved by the University. 4.5 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION. The University is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the contract, the Vendor shall notify the University within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. All financial information, statements and/or documents provided in response to this proposal requirement shall be kept confidential, IF THE OFFEROR COMPLIES WITH 2.5 PROPOSAL SUBMITTAL AND ATTACHMENT A, PARAGRAPH 11 OF THE PROPOSAL REQUIREMENTS BY MARKING THE FINANCIAL INFORMATION, STATEMENTS AND/OR DOCUMENTS CONFIDENTIAL. 4.6 VENDOR EXPERIENCE This section shall include background information on the organization and should give details of experience and years of experience of the firm and individual staff that will be assigned to the engagement. Background information should include the names of their previous clients. The failure to list all similar contracts in the specified period may result in the rejection of the offeror s proposal. UNCW may check all public sources to determine whether offeror has listed all contracts for similar work within the designated period. If the evaluators determine that references for other public contracts for similar contracts were not listed, the evaluators may contact the public entities to make inquiry into offeror s performance of those contracts and the information obtained may be considered in evaluating offeror s proposal. 4.7 REFERENCES On Attachment G, Vendors shall provide at least three (3) references for which the company has provided services of similar size and scope to that proposed herein. Additionally, include biographies of the team members who will be assigned to the account. 4.8 BACKGROUND CHECKS At the University s request Vendor and its personnel may be required to provide or undergo background checks at Vendor s expense prior to beginning work with the University. Vendor s responses to these requests shall be considered to be continuing representations and Vendor s failure to notify the University within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform services under this contract. 4.9 PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the Purchasing Specialist. Vendor shall notify the Purchasing Specialist of any desired substitution, including the Ver: 6/20/16 Page 11 of 31

14 name(s) and references of Vendor s recommended substitute personnel. The University will approve or disapprove the requested substitution in a timely manner. The University may, in its sole discretion, terminate the services of any person providing services under this contract. Upon such determination, the University may request acceptable substitute personnel or terminate the contract services provided by such personnel VENDOR S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide services under this contract in a professional manner. Professional manner means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the University under this contract. Vendor will serve as the prime contractor under this contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the University. Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in contract documents; and shall not limit Vendor s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). b) If any services, deliverables, functions, or responsibilities not specifically described in this contract are required for Vendor s proper performance, provision and delivery of the service and deliverables under this contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this contract; and that entering into this contract is not prohibited by any contract, or order by any court of competent jurisdiction. 5.0 SCOPE OF WORK 5.1 GENERAL Minimum Mandatory Qualifications Following are the minimum mandatory qualifications vendors must meet in order to be considered for award. Please confirm that you meet, and provide a brief description of how you meet, each of the following: a) All machines are to allow simultaneous use of bills (at minimum $1 and $5 dollar bills) and coins (including the dollar coin). They most allow use of the University s ONE CARD Account and debit/credit cards must operate on the cellular network and must be in full compliance of the PCI Security Council standards. b) Vendor and UNCW Vending management will meet monthly to discuss operations and any new possibilities for locations and/or equipment issues. General Scope a) This RFP includes only vended snack items only. There is no connection of products offered in this RFP with other aspects of UNCW. This RFP covers vending machine programs only. b) Commissions paid to UNCW on full service machines shall be based on the percentage of total monthly gross receipts from sales of vended products. The Vendor shall submit a detailed report of sales (by machine, location, machine type, card reader type, products sold and sum total) and make check payment to UNCW no later than the fifteenth (15th) day of the month following service. UNCW shall require written documentation to substantiate monthly sales. Checks and reports shall be mailed to: Ver: 6/20/16 Page 12 of 31

15 Director, Auxiliary Services University of North Carolina at Wilmington 601 South College Road Wilmington, NC c) The proposal response shall include an explanation of the method of reporting sales and commissions to UNCW. d) UNCW may require changes in the scope of the services during the contract period. Any changes, including increase or decrease in the amount of the commission, compensation, or price, mutually agreed upon by and between the Vendor and UNCW, shall be incorporated only by signed, written amendments. UNCW reserves the right to negotiate increased benefits due to changes in general economic conditions, or tax relief that may occur during the term of the contract and result in additional compensation for the Vendor. The Vendor shall be responsible for all taxes (federal, state, local) and all license fees, or any other necessary expenses. e) All food items, cartons, and containers shall meet the standards of quality and sanitation of Federal, State, and Local Departments of Health and Agriculture, as well as, other applicable regulating agencies. In no case shall standards fall below minimum standards sold commercially. In addition, the Vendor must meet all finalized FDA rules when it comes to posting information for customers, including the FDA regulated calorie count postings. f) The Vendor shall regularly recommend ways to upgrade services. UNCW has interest in having some machines with the ability to merchandise snacks and refrigerated items together, and/or to have hot beverage options, and to be kept aware of the availability of new offerings. This would include machine product specifications. g) The sale prices of vended products shall not exceed popular prices prevailing in nearby communities, as well as, other locations under control of UNCW. Price schedules and changes thereto shall be approved by UNCW in writing and implemented only during summer break (one (1) time per year). UNCW will approve changes in sales prices only if necessary to provide a fair and equitable profit margin for all parties. h) Contents of full service machines are considered Vendor property. Stolen, stale, or lost products are the responsibility of the Vendor and shall not impact the commissions paid. i) Vendor employees shall be suitable by training, appearance, and habits for working on University premises. Vendor employees are to be clearly identifiable when performing work on campus. Uniforms, if worn, must be clearly "marked" to indicate Vendor personnel. Vendor employees shall obey University parking regulations and obtain appropriate parking permits. Vendor employees working on the campus shall not have criminal histories that make them a risk to potentially come in contact with faculty, staff and students on campus. Vendors are required to purchase OneCard ID for each employee who will be coming on campus. The OneCard should be carried at all times while on campus. See regarding obtaining UNC Wilmington s Campus Card. Equipment Requirements a) Vending machines shall be furnished, installed and maintained by the Vendor. The specific type of machine(s) shall be approved by UNCW before installation. Generally, the requirement will be multiple issuing machines of a late design or style and size that are best suited for each given location. The machines shall be attractive, sanitary, safe, and reliable vending equipment of a type approved by the National Automatic Merchandising Association or a recognized State or Local Health Department or testing laboratory. The proposal response must specify type(s) of machines to be furnished, include a vending machine product literature sheet with photo of machine, and a diagram of product offerings for each machine type with product selling price. b) UNCW strongly prefers that all lighting be LED bulbs. Ver: 6/20/16 Page 13 of 31

16 c) The University will furnish space, circuits and electricity necessary for operation of vending equipment. Final connections will be made by the Vendor. If during survey cellular signal is found to need amplification, Vendor will be responsible for the additional bandwidth. d) UNCW shall not be liable or held responsible for any damage or destruction to any of the vending machines or equipment or their contents caused by fire, theft, vandalism, Acts of God, or other circumstances beyond the UNCW's control. It is the Vendor's responsibility to prosecute apprehended robbers and vandals. e) Ownership of all machines, equipment, etc., furnished by the Vendor and placed on University property shall remain with the Vendor. f) The Vendor shall maintain all equipment in a clean and sanitary condition and in compliance with all local, county, state and federal regulations. g) Location of all machines shall be approved by UNCW. Removal of a machine from an approved location must have prior UNCW approval. Machines shall be added as needed on the recommendation of UNCW. Vendor shall provide suggestions regarding additional machines or removal but must have approval prior to installation or removal. h) Vendor shall furnish dollar bill validators of adequate capacity at high volume locations as specified by UNCW. i) Vendor shall keep full service machines stocked so as to provide, under normal conditions, sufficient amounts of products of good quality, dispensed in conformity with all applicable federal, state, and local laws. Service shall be maintained during university semester breaks and holiday periods. j) Vendor shall keep areas in vicinity of machines clean of spillage and waste including removal of empty boxes and cartons during regular stocking and inspection visits. k) Machines shall be serviced within twenty-four (24) hours of notification. Each machine shall have instructions for customers to notify the vending company of machine problems directly. The vendor shall work with UNCW to provide a system for handling customer refunds and reimburse UNCW for amounts paid out due to empty, jammed, or other inoperable machines. Each machine shall display clear instructions for reporting malfunctioning machines. l) Vendor shall have a recurring inspection and preventative maintenance program to insure machines remain in sound operating condition throughout the life of any resulting contract. m) Vendor shall make inspection visits with a UNCW representative to evaluate machines for replacement, etc. as required by UNCW. n) Removal/installation of equipment shall be completed no later than thirty (30) days from date of award. If removal of current equipment is required, this shall be provided by the incumbent Vendor. Optional Program Features Of interest to UNCW are optional program features that add value or are of benefit to UNCW and its community. Program elements might include (but are not limited to): a) An annual guarantee; b) An annual financial commitment of $5,000 (or other amount) to sponsor and promote student-related programs (i.e. student and leadership programs, scholarships, student health programs and other services provided to students). Use of sponsorship dollars will be at the discretion of UNCW. 5.2 PROJECT ORGANIZATION Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP, and identify the responsibilities to be assigned to each person Vendor proposes to staff the work. The offeror shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel Ver: 6/20/16 Page 14 of 31

17 to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 5.3 TECHNICAL APPROACH Vendor s proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included. 5.4 ACCEPTANCE OF WORK In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the University shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the University shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the University may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 5.5 LIQUIDATED DAMAGES The parties agree that calculation of actual damages resulting from failure to meet the following performance standards is extremely difficult, if not impossible, to calculate accurately, and the parties also agree that the compensation identified for such failures are a reasonable estimate of damages resulting from a failure to meet the performance standard described. Therefore, the parties agree that the Vendor shall be subject to amounts due as liquidated damages but not as a penalty, for each such failure, as follows: Notwithstanding any other provision herein, liquidated damages shall not be subject to a limitation on damages or limit of liability for damages that otherwise may be applicable to recoverable damages. 6.0 CONTRACT ADMINISTRATION 6.1 DISPUTE RESOLUTION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the University s Purchasing Specialist for resolution with a copy to UNCW Director of Purchasing Services. A claim by the University shall be submitted in writing to the Vendor s Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.2 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the University and Vendor. The remainder of this page is intentionally left blank Attachments to this RFP begin on the next page. Ver: 6/20/16 Page 15 of 31