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CUA-POUR 0022011_23FEB-2011

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					                      THE CATHOLIC UNIVERSITY OF AMERICA

                                          DATE: February 23, 2011

                                      NUMBER: CUA-POUR_0022011

                                          THIS IS NOT AN ORDER


                                  REQUEST FOR PROPOSAL
                            BEVERAGE POURING RIGHTS

I HAVE READ THE ENTIRE DOCUMENT AND SHALL COMPLY WITH ALL REQUIREMENTS LISTED HEREIN.


Vendor’s Signature                                              Vendor’s Name (Printed)
(Sign both this page and the enclosed submittal sheet.)

Submittal due Date and Time:

Five (5) hard copies, one with original signature and one (CD) or electronic copy must be submitted and
received by 4:00 p.m. EST on Wednesday, March 23, 2011.

                                The Catholic University of America
                                Procurement Services
                                620 Michigan Ave
                                Leahy Hall; Suite LL40
                                Washington, D.C. 20064
                                Attn: Norman Brown, Director
                                Tel: (202) 319-5044 Fax (202) 319-5047
                                CUA-Solicitations@CUA.edu

                                 Late Submittals Will Not Be Accepted

Respondent Identification: (Return this completed page with your hardcopy submittals.)



Company Name                                                          Company Contact



_____________________________        ________________________         _____________________________
Tel: (include area code)             Fax no.                          E-Mail


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The Catholic University of America Confidential                                              Request for Proposal: CUA-
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                                              TABLE OF CONTENTS

PART A       INTRODUCTION...................................................................................... Pg. 3
             A. General Description & Background Information
             B. RFP Timetable
             C. Definitions

PART B       GENERAL REQUIREMENTS, TERMS & CONDITIONS................................... Pg. 9
             1. Contract Period
             2. Objective
             3. Beverage Availability Rights
             4. Marketing Rights
             5. Equipment, Utilities, Supplies and Space Use
             6. Pricing and Commissions
             7. Monthly Commission Payments
             8. Specifications
             9. General Conditions

PART C       INSTRUCTIONS TO RESPONDENTS.......................................................... Pg. 27
             1. Responsive Proposals and Bid Acceptance Period
             2. Required Information and Data
             3. Caution to Bidders
             4. Bid Withdrawal or Modification of Bids
             5. Questions relating to interpretation of bid document may be directed to:
                 CUA-Solicitations@CUA.edu

PART D       EVALUATION FACTORS & BASIS OF AWARD.......................................... Pg. 30
             1. Bid Evaluation
             2. Reference and Background Checks
             3. Selection of Proposals

PART E       SUBMITTAL REQUEST........................................................................... Pg. 32
             1. Company Information
             2. Financial Information
            3. Marketing and Customer Service Plan
             4. Product and Pricing
             5. Equipment
             6. Confidential Information

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              7. Respondent Certification
              8. Penalty for Collusion
              9. Bid Results
              10. Bid Protest

Appendices ………….…………………………………………………………………………………………………….                                   Pg. 35

                   Appendix A: Catholic University Terms and Conditions
                   Appendix B: University Academic Calendar
Supporting Exhibits:
Exhibit 1: CUA Supplier Registration Form
Exhibit 2: Notice of Intent to Propose (due Tuesday March 1, 2011)
Exhibit 3: Bidder’s References, Contact forms (2) and Financial Information (2)
Exhibit 4: Stipulation Questions
Exhibit 5: Exceptions to Contract Terms (reference by section)
Exhibit 6: Debarment




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PART A: INTRODUCTION

A. GENERAL DESCRIPTION & BACKGROUND INFORMATION
The Catholic University of America (CUA), is seeking proposals from an experienced and
qualified vendor to provide beverage pouring rights, sales of package beverages, and sales
through post-mix fountain beverage dispensers to its students, faculty, staff and visitors at
various locations throughout CUA campus community locations.

CUA is looking to significantly upgrade the features and aspect of beverage services offered
across our campus community. The university reserves the right to make whole, split and
multiple awards as a result of this solicitation; to make no award at all or to change the terms of the
solicitation and make an award to any vendor CUA chooses; and to make all these decisions entirely
within the absolute discretion of CUA .


Throughout the term of the resultant contract(s), CUA reserves the right to increase or
decrease the number of beverage machines at each site, services requested, and/or to
expand the services to other CUA sites. Such changes to the contract, or additional contracts,
shall be at the same prices, terms, and conditions provided herein.

About The Catholic University of America
CUA is an independent, non-profit, co-educational institution of higher education with
approximately 3,600 undergraduate and 3,400 graduate students (including full and part-time
students). CUA is unique as the national university of the Catholic Church in the United States
and the only higher education institution founded by the U.S. Bishops. Established in 1887 as a
graduate and research center, the University began offering undergraduate education in 1904.
CUA is located on 193 acres in northeast Washington, D.C. and offers programs of study leading
to bachelor, master and doctoral degrees in the liberal arts and sciences, religious studies, and
several professional areas including engineering, architecture, social service, nursing, music and
law.

 CUA is qualified as an organization exempt from federal taxation under Section 501(c)(3) of the
Internal Revenue Code. CUA accepts students without regard to race, color, religion, creed or
national origin and follows both federal and Washington, D.C. non-discrimination laws.

Figure 1.0 that appears below outlines a statistical profile of CUA’s student enrollment, student
residency as well as faculty and staff headcount.

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Figure 1.0: Catholic University Statistical Profile
Student Enrollment                     Full-time         Part-time     Total
Students: Undergraduate                   3,347               226     3,573
Students: Graduate                          924             1,609     2,533
Law Students                                560               301       861
TOTAL Students                            4,831             2,136     6,967

                                      Resident Off-Campus &
Student Residency                   On-Campus Non-Resident             Total
Students                                 2,246        4,721           6,967


Faculty and Staff Headcount            Full-time         Part-time     Total
Faculty                                     366               349       715

Executive/Managerial                         95                4         99
Other Professional                          425              142        567
T echnical/Paraprofessional                  32              -           32
Secretarial/Clerical                        209               53        262
Skilled Crafts                               52              -           52
Service Maintenance                         145                3        148
                       Sub-T otal           958              202      1,160
TOTAL Headcount                           1,324              551      1,875


About Student Life Campus Services
Campus Services (CS) is located organizationally under Student Life, and is operated under the
direction of the Vice President of Student Life. The Associate Vice President for Campus
Services has direct, day-to-day oversight of beverage services. Campus Services provides a
diverse range of support programs and services to the campus community, including the
following Business Units:
           o Student Center
           o Dining, Catering and Conference Services
           o Housing Services
           o Postal Services
           o Retail: beverage and vending machine services (including pouring rights
               oversight), Conference Center, University Bookstore



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Campus Services is a valued contributor to the quality of life at CUA through its partnerships,
collaborative efforts, professional management, and staff expertise. Campus Services provides
quality services to support the daily work-life needs of the faculty, students, and staff as well as
parents and other visitors to the campus. Campus Services contributes to the enrichment and
development of a campus community through:
    a) the provision of gathering spaces and facilities for social, cultural and intellectual
        exchange; and,
    b) Sponsorship and collaboration on arts, athletic, campus ministry, entertainment and
        cultural events.

Campus Services provides services that are flexible and adaptable to changing customer needs
and desires. Driven by customer input, our products and services are state-of-the-art
customized to each location which reflects the price, quality, and product type representing the
diversity of the CUA community.

B. RFP TIMETABLE
**Please Note** CUA does not guarantee the above schedule and reserves the right to
modify this schedule to best meet its needs. The RFP timeline accommodates the
consideration for a switchover period from incumbent to possibly a new service provider
and/or services.

   Notice of Intent to Propose Form Due                  Tuesday March 1, 2011
   Pre-bid Conference and Site Tour                      Tuesday March 8, 2011 at 2:00 PM
       This is a Mandatory Bidder’s Conference and site tour of the University. The location
       for the Bidder’s Conference is as follows:
                    The Catholic University of America
                    620 Michigan Avenue
                    The Edward J. Pryzbyla University Center; Room 327
                    Washington, D.C. 20064
                    Contact Name: Tim Carney
                    The site tour will follow immediately after the meeting.
   Addendum Completion                                   Monday March 14, 2011
   Response to RFP Due to CUA                            Wednesday March 23, 2011 at 4:00 PM

NOTE: Metered parking is available in the lot adjacent to the National Shrine and limited visitor
parking is available in the McMahon Parking lot between the Edward J. Pryzbyla University
Center and Caldwell Hall.

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Links:
CUA’s public website
www.cua.edu

Directions to CUA campus
Printable CUA campus map
http://www.cua.edu/res/docs/cuamap.pdf

CUA’s Procurement Services website:
http://treasurer.cua.edu/Procurement-Services/requestsproposals.cfm
Posting under ‘Request for Proposal’

C. DEFINITIONS
   BUYER:              The Catholic University of America
                       Procurement Services
                       620 Michigan Avenue; LHY LL40
                       Washington, D.C. 20064
                       Phone: (202) 319-5044
                       Fax: (202) 319-5047
                       CUA-Solicitations@CUA.edu

   SLCS or CS:         Student Life Campus Services or just Campus Services

   SELLER:             The term "Seller", "Supplier", "Contractor", "Respondent", "Provider",
                       “Proposer,” "Vendor" and “Bidder,”, are used interchangeably herein
                       and refer to the same entity, the provider of beverage goods and
                       services to the University.

   CONTRACT:                The contract document to be furnished to Seller(s) by CUA, which
                            specifically describes goods and/or services plus terms and
                            conditions to be covered.

   CONTRACT
   ADMINISTRATORS:              The Catholic University of America
                                Campus Services
                                620 Michigan Avenue
                                Edward J. Pryzbyla University Center
                                Washington, D.C. 20064
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                             Phone: (202) 319-5291
                             Fax: (202) 319-5529

Fiscal Year:             Catholic University’s fiscal year is the twelve (12) month period
                         beginning May 1 and ending April 30 of the immediate following
                         calendar year.

UNIVERSITY:              The terms "University", "The Catholic University of America",
                         “Catholic University”, "CUA", "Buyer", "Department" and “campus”
                         are used interchangeably herein and refer to the same entity: The
                         Catholic University of America.

WORK:                    "Work" shall include all obligation, duties, requirements, services
                         and responsibilities required for the successful completion of the
                         Contract by the Seller, including the furnishing of all supervision,
                         labor, equipment, materials, supplies, services and oversight
                         incidental to the execution of the Contract and in accordance with
                         the terms and conditions set forth in the Contract.

CONTRACTOR:              The terms "Contractor," "Seller," "Supplier," "Vendor," and "Bidder"
                         are used interchangeably herein and refer to the same entity, the
                         provider of Beverage Machine Services.

RFP:                     Request for Proposal

Days:                    Calendar Days, unless otherwise specified.

BIDDER’S
CONFERENCE:         ***There will be a Mandatory Bidder’s conference for this bid. ***
                    The Mandatory Bidder’s Conference is scheduled for Tuesday, March 8,
                    2011 at 2:00 PM. The location for the Bidder’s Conference is as follows:
                         The Catholic University of America
                         620 Michigan Avenue
                         The Edward J. Pryzbyla University Center; Room 327
                         Washington, D.C. 20064
                         Contact Name: Tim Carney
                A site tour will be conducted immediately following the conference.

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PART B: GENERAL REQUIREMENTS, TERMS & CONDITIONS

1.0 Contract Period
    1.1 Initial Contract Period
        The initial agreement period shall commence approximately June 2011 through June
        2016, a sixty (60) month term. Contract award is subject to appropriate upper-level
        University review and approval.

    1.2 Contract Extension
       CUA, at its sole option, reserves the right to extend any resultant contract for an
       additional twenty-four (24) months in either one (1) twenty-four month increment or
       two (2) twelve- (12) month increments. The extension (including the above
       consideration) will be at the same terms and conditions as originally stated. Bidder
       recognizes and agrees that the business obtained under the extension will constitute
       the sole consideration for the extension. CUA will notify the contractor thirty (30) days
       prior to the contract end of its decision to extend or cancel the additional extension
       period.

       In the event the above option is not exercised and additional time is required by the
       University to initiate a new contract, Contractor agrees to continue providing beverage
       machine services to CUA on a month-to-month basis for a period not to exceed six (6)
       months at the same prices, terms and conditions of the original contract.

       This contract is for the Student Life Campus Services, 620 Michigan Avenue,
       Washington, D.C. 20064.

2.0 OBJECTIVE
        The Catholic University of America is seeking a qualified vendor to provide beverage
       pouring services to CUA campus. The mutual goals of CUA and the potential services
       provider should be maximizing revenue, promoting and increasing market share,
       controlling costs and providing exceptional service to the CUA community

       The University anticipates that the opportunities presented by this agreement will
       provide substantial benefits for the University and beverage supplier. This RFP
       provides important information for evaluation of the venture.


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3.0 BEVERAGE AVAILABILITY RIGHTS
      University agrees that all beverages sold, distributed or sampled (that is, distributed at
      no cost) at all locations on the campus where refreshments are sold or dispensed will
      be product as-specified in the agreement. University agrees that it shall, or shall cause
      its concessionaires to purchase the complete requirements of products for the
      campus from the supplier’s corporation either directly or as a company agent,
      provided that if distributor is unable to supply any products that the University desires
      to purchase, then the university may purchase such products from another authorized
      company distributor.

      The university shall use reasonable efforts to permit promotion maximizing concession
      sales and sales and distribution of Products on the campus

      The University shall promote the sale of products sold in stands in approved cups or
      twenty-ounce bottles at all sporting events.

4.0 MARKETING RIGHTS
   1. University will grant to the supplier the following promotion rights: Market and promote
      the beverages in connection with the university, the campus, its student groups and
      teams, including the right of recognition of it sponsorship on panels. The supplier must
      obtain approval of the Associate Vice President for Campus Services on all marketing
      and promotion plans, events, materials, advertisements, direct marketing initiatives,
      sponsorships in advance of distributing on any CUA campus or University location;
   2. Refer to the supplier in any sponsor’s marketing material as a sponsor of the university
      and it’s student groups or athletic teams, and refer to any brand of products in any of
      the suppers marketing material as an “official” soft drink, sports drink, tea, juice or juice
      drink of the university;
   3. Sample product and survey individuals on campus with the university prior approval,
      which shall not be unreasonably withheld;
   4. Undertake beverage promotions at or in connection with the university, authorized
      student groups and athletic teams including offering products in promotional packages
      bearing CUA logo on a royalty-free basis;
   5. Only supplier product trademark shall be displayed on beverage dispensing machines
      on the campus;
   6. University has the right to pre-approve the concept for any promotional activity and any
      artwork or other items created by the supplier for use in promotional marketing;
   7. PERMITTED EXCEPTIONS agreed to by both parties in advance.
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    As long as similar product(s) is not available, CUA has the right to make available for sale
   on the campus freshly brewed coffee, specialty coffee, specialty coffee drinks, freshly
   brewed tea, hot chocolate, milk, premium and healthy carbonated drinks, sodas, juices or
   energy drinks. This will not be deemed to allow advertising or promotional rights in
   regards to competitive products, except that trademarks and package labeling for such
   competitive product may be displayed on menu boards, dispensing equipment or retail
   displays.

   For certain special events and receptions in residence halls, products or other
   manufacturers and premium products may be made available if donated by private
   parties or purchased by the event sponsors.

    The University will ensure that no permanent or temporary advertising, signage or
   trademark visibility for competitive products is displayed on campus except for advertising
   in the student newspaper, The Tower, and ads on student radio station broadcast on
   campus; the university cannot control such activities

5.0 EQUIPMENT, UTILITIES, SUPPLIES AND SPACE USE

   It is the intent of the university to secure a supplier that on regular scheduled intervals
   during the terms of this agreement to review the equipment with the objective of
   providing best possible placement to serve the university students, faculty, staff and
   guests.

   During the term of the contract the Vendor will be required to conduct a semi- annual site
   survey of existing campus buildings to suggest new or different suggestions for additional
   equipment and placement. These suggestions will need to be approved by the Associate
   Vice President of Campus Services, specifically, before any machines are added to the
   account. During the term of the contract, site surveys shall be conducted annually by the
   supplier with purpose of indentifying locations for additional equipment placement.

   5.1 Contract Usage
      CUA does not guarantee any minimum number of machines or sales volumes.
      Contractor shall supply machines and services as required. CUA may add or delete
      machine locations and the types of machines at each location based upon space and
      usage requirements.
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      Contractor will be required to provide machines within three (3) working days after
      notification by the University. Rolling estimates of new building openings will be
      provided well in advance of additional beverage requirements. We anticipate new
      machines will be needed and continue throughout the life of the contract.

      Contractor will be required to provide five (5) day advance notice and delivery schedule
      to the Associate Vice President of Campus Services of any planned change out or
      upgrade of existing machines, machinery or equipment anywhere on CUA’s campus.

      If, at any time, the number of machines at any location exceeds the number reported on
      the monthly income statement for that location, the extra machine(s) will be considered
      to have been in place since the beginning of the contract. Commissions on the extra
      machine(s) will be due and payable immediately as if the machine were generating as
      much revenue as the highest revenue machine dispensing similar products. The addition
      of machines without notifying both Campus Services and Procurement Services offices
      will constitute a breach of this contract and may be considered grounds for immediate
      termination of contract.

      The contract is not intended to be an exclusive agreement and the University reserves
      the right to purchase like items and services from other sources when it is considered to
      be in the best interest of the University.

6.0 Pricing and Commissions
   6.1 Commission Structure
   The commission structure rate will be substantiated in the contract as basis for award. The
   commission structure will consist of: (a) a guaranteed minimum annual commission; (b) a
   percentage of gross retail sales; and, (c) other incentives or sponsorships.

   6.2 Price Adjustments
   Price adjustment is defined as any change in the price of beverage offerings from the price
   list in effect and incorporated in the executed contract. If a price change on any beverage
   offering occurs, the change must be substantial in the cost of raw materials or products
   only. The University reserves the right accept and approve or reject any price adjustment
   prior to its effective date.


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6.3 All requests for price adjustments shall be submitted to:

            The Catholic University of America
            Associate Vice President for Campus Services
            620 Michigan Avenue
            Washington, D.C. 20064

   In addition, a copy of any correspondence should also be forwarded to Director of
   Procurement Services.

    Any request for a price adjustment shall reference the contract number (that will be the
    result from this RFP) for review sixty (60) days prior to the proposed effective date of
    the rate change. If CUA agrees to the price adjustment, or has a counter offer to make
    to the Contractor, resultant price adjustment shall become effective thirty (30) days
    after acceptance by both CUA and the Contractor and substantiated in writing and
    added as an addendum to the original executed contract. Requests for price
    adjustments shall be no more than once every twelve (12) months. Contractor will be
    obligated to document and verify the incremental Cost of Goods from the Contractor’s
    supplier(s)’ price increases.

6.4 Prices as stated herein are the anticipated maximum throughout the first twelve (24)
    months of the contract term.

6.5 All pricing shall be F.O.B. Destination to various campus locations at The Catholic
    University of America.

7.0 Monthly Commission Payments
7.1 Commission Terms
   The Contractor shall pay commissions within fifteen (15) calendar days following the
   end of each reporting period (calendar month unless otherwise stated). For example,
   commission on the sales reported for the month ending of October 31 must be paid by
   the November 15th.

7.2 Commission Payments
    The Contractor will issue checks payable to “The Catholic University of America,” care
    of:

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                     Associate Vice President of Campus Services
                     620 Michigan Avenue
                     Washington, D.C. 20064
                     Checks should reference: For beverage services.

       Commission checks shall be accompanied by a statement showing sales and
       commissions for each beverage category for each machine for each location associated
       with the University’s account.

   7.3 Commission Payments should be accompanied by gross sales information per location.

   7.4 The University reserves the right to audit the Contractor’s books and collected beverage
       revenues at any time in order to verify sales volumes.

   7.5 Service Level
       There will be a service level target linked to availability of clean, fully operable
       machines, freshness of merchandise (within manufacturer’s product life) and timely
       replenishment. It is essential to provide an optimal level of beverage service to the
       University community at all times. The vendor will regularly inspect, service, clean and
       maintain all beverage machines and dispensing equipment and maintain timely, routine
       replenishment of product offering. Contractor will assure if, at any time, response to
       CUA notification of service issue is not addressed or resolution proposed within twenty-
       four (24) hours of receipt of CUA notification, the Contractor will be required to refund
       CUA an amount equal to 15.0% of the prevailing sales value of the affected merchandise
       for each day until the service issue is completely resolved to the satisfaction of the
       University.

8.0 Specifications
   8.1 Scope of Work
       Contractor will install and manage beverage machines at various CUA campus locations
       and facilities.

       It will be the Contractor’s responsibility to operate a beverage machine service business
       at optimum professional and food safety standards and to provide high quality products
       at all times. Contractor will ensure that machines are state-of-the art, energy efficient
       and maintained in good operating condition at all times, which includes routine

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maintenance, cleaning, servicing, temperature monitoring and the replenishment of
items dispensed by the machines.

Contractor will install the follow types of beverage machines:
   o Cold Drink

Contractor will provide machine implementation schedule to be operational on and
agreed upon day within the month of June 2011 at all campus locations.

Contractor will provide specifications for operational temperatures for each machine
and submit their temperature control audit reports on machines to be used in this
contract.

Contractor will submit a Replenishment Schedule in parallel with their pricing proposal.
It will be the responsibility of the contractor to monitor the initial replenishment
schedule to determine if adjustments to the schedule are warranted for optimal service
levels.

Contractor may propose new, innovative beverage ideas to Campus Services for
placement at CUA locations.

Contractors’ equipment must be energy efficient machinery –“Energy Star” certified or
equivalent or equipped with an energy miser.

Contractors’ equipment must be suitable to operate with the existing physical plant,
layout, utility and outlet locations to avoid electrical circuit overloads or ‘blow outs’ of
machines or utilities.

Contractor will install equipment at the locations on the attached list within five (5) days
of the effective date of the contract. Within thirty (30) days of the effective date of the
contract, Contractor shall install NEW equipment.

Contractor may change (with advance approval from CUA) the type of machines in each
location as long as the selection of product meets or exceeds existing offerings listed
below. Inability to supply new machines as requested shall be considered breach of
contract and grounds for termination.


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   The Contractor warrants and represents that the equipment, when delivered, shall meet
   or exceed all applicable standards and requirements of the District of Columbia
   Occupational Safety & Health Act and District of Columbia Food Code.

   All non-manual equipment to be supplied with a three-wire grounded power cord and
   wired with a U.L. approved plugs.

   Machine malfunctions: Contractor will provide machine maintenance and repair service
   between the hours of 7:00 a.m. and 5:00 p.m. seven days per week. Service technician
   shall arrive promptly at the site of any machine reported as malfunctioning within
   twenty-four (24) hours of malfunction notification. A copy of the work order noting the
   cause and remedy of the malfunction is to be provided to the assigned CUA Student Life
   Campus Services representative.

   Contractor will maintain detailed records of all CUA inquires, including requests for
   additional or removal of machines, service problems and requests for refunds. Requests
   for service are to be responded to within twenty-four (24) hours after receipt of request
   by phone and followed up in a written request.

   The Contractor will supply an Equipment Installation Plan and a Maintenance Service
   and Repair Plan as specified below.

   Machines willl be subject to a semi-annual audit by Student Life Campus Services, and
   any necessary corrective actions must be corrected within the requested time frame.

   The Contractor will participate in beverage promotions including but not limited to,
   raffles or offers of healthy beverage options.

8.2 Customer Cash Refunds
   Contractor is responsible for establishing and setting-up on-site refund banks at an
   agreed upon central location on CUA’s campus.

8.3 Personnel
   Contractor will provide the necessary trained personnel, knowledgeable about the
   University’s account and satisfactory to the University, to adequately stock, service, and

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   repair all machines on a daily basis or so as needed. The contractor will furnish a the
   name of the Account Representative and other appropriate personnel available on call
   so the University is assured of 24X7 service as required or needed.

   District of Columbia requires that the prevailing District of Columbia minimum wage be
   paid to all workers.

8.4 Product Specifications
   The contractor will provide highest quality fresh merchandise. All beverage products
   that reach expiration date stamped on the item package will be removed from machines
   and replaced with fresh products.

   If at any time greater than 2.0 percent of merchandise is found in machines beyond
   freshness dating expires, the Contractor will be required to refund CUA an amount
   equal to 15.0% of the prevailing sales value of the expired merchandise each day until
   the expired merchandise is replaced. All waste disposal and handling will be the
   responsibility of and managed by the vendor and removed from CUA property and
   disposed of appropriately in compliance with regional ordinances and codes at vendor
   specified sites other than CUA.

   Green Initiatives: Contractor must indicate any green or sustainability initiatives they
   have.

   Styrofoam and plastics with BPA (Bisphenol-A) additives are to be avoided for beverage
   containers. It is the contractor’s responsibility to review for any potential hazards from
   contaminants migrating from packaging into food and eliminate them from use.

   Bidders may be required to provide product samples for use in the analysis of their
   proposal. A variety of vended goods will be provided in a manner so the employees are
   offered choices at frequent intervals.

   Campus Services (or their representatives) will determine whether contractor's offering
   is of satisfactory quality and whether sufficient variety is being offered. Campus Services
   reserves the right to request specific product offerings to be dispensed in beverage
   machines on its premises and shall have the final right of approval on all types of
   products. Campus Services intends to take an active role in the selection of products to
   be vended on its premises. An advisory group consisting of staff and student leaders
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may be included for this purpose and quarterly reviews with the vendor will take place
for the purpose of determining product selection and quality evaluations of vended
products.

Alcoholic and tobacco products will not be vended anywhere on CUA premises.

Contractor is responsible for insuring the quality of freshness of any merchandise, both
perishable and non-perishable. Contractor shall submit their quality control protocols
used for microbiological control, quality assurance and recall protocols along with their
target microbiological specifications and audit reports for each refrigerated item.

Contractor will submit their sanitation plan and schedule for cleaning all machines for
which they are responsible for in this contract. Contractor must follow GMPs (Good
Manufacturing Practices) for food processing, preparation, storage, packaging and
distribution according to 21CFR (Code of Federal Regulations). The contractor will not
prepare process or primary package food products in any CUA campus or affiliated sites.

Merchandise and beverages shall consist predominantly of popular, national, well-
accepted brands.         A diverse selection of beverage categories must include
contemporary beverages, such as: specialty water, natural fruit juices, energy drinks,
organic drinks, health drinks, etc along with traditional sodas, coffee, tea, hot chocolate,
etc.

Product replenishment shall be determined to prevent any ‘out-of-stock’ or ‘sold out’
situations. Product replenishment must be agreed upon by CUA, according to a
mutually agreed upon schedule arranged to meet the needs of the consuming public.
Special attention shall be given by contractor to ensure adequate supplies and selection
during weekends, semester breaks, and University holidays. Contractor shall instruct
their service people to pay particular attention to expiration dates. Product shall be
rotated or removed so as to ensure that no product remains in machines past its
expiration date. Replenishment schedules shall be submitted to Campus Services and
updated as required.

The Contractor will participate in the University’s emergency and emergency
preparedness plans as a key supplier in the event of campus area emergencies.



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         The Contractor will maintain detailed records of all calls for replenishment of machines
         and review periodically with the authorized Catholic University representative to ensure
         the needs of the customers are being optimally met.

         Contractor will inform University of any products that were removed from machines as
         a result of a food or product recall by the manufacturer or the appropriate government
         agency such as the Food and Drug Administration.

         Contractor will submit their food safety and recall program plan and protocol.

      8.5 Sample Submissions
         At any time during the contract period CUA may request a sample of any product to be
         provided against this contract. Contractor is required to deliver requested samples
         within three (3) business days of such request. CUA will determine, within ten (10)
         business days of receipt of sample(s), if products samples, meet the University’s
         requirements.

 8.6 Equipment Submission
         Contractor must submit manufacturer cut sheets for the beverage machines and digital
         photos of machine types proposed for use. Beverage machines must be secured to the
         walls where appropriate, according to earthquake safety codes.

         Contractor will provide scuff protectors on bottoms of all installed beverage machines.

8.7     Sanitation & Pest Control Protocols
         The Contractor will comply with the University integrated pest management program
         and protocol as well as all District of Columbia health regulations relating to personnel,
         maintenance, and services associated with operating a food and beverage service. The
         University reserves the right to make additional recommendations to such regulations
         with respect to all such matters. Failure to maintain University recommendations and
         the highest rating of the District of Columbia Health Department shall constitute a
         breach of contract on the part of the Contractor.

         Contractor agrees to provide and maintain policies and procedures in compliance with
         local agencies covering sanitation, infection and pest control for beverage food services.
         Policies, procedures and practices will include schedules, methods used, equipment

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used, personnel qualifications, and copies of labels from products used to sanitize,
clean, control and avoid pests.

The Contractor will adhere to continual standards of cleanliness in all functions and
matters related to food service operations including food handlers’ appearance &
personal hygiene and performance in the preparation, service, transport, storage and
distribution of food related items.

Microscopic bacteria counts of food may be performed at random at the University’s
option. All laboratory charges required to check any food actually suspect will be an
expense of the Contractor. Contractor’s self-audit micro testing data ideally will be
shared with CUA’s Campus Service & Environmental & Health Safety representatives.
Machine temperature monitoring records along with product temperature maintenance
records must be shared with CUA. Contractor’s HACCP analysis program also is required
for this submission.

A copy of all inspection reports on Contractor’s operations shall be furnished to the
appropriate University Contract Administrator (Campus Services). Contractor will be
responsible for implementing corrective measures required as a result of these
inspections and reports in a timely manner.

The University reserves the right to make at any time, without notice, sanitary and
safety inspections. A checklist or audit sheet will be provided to the Contractor as a
guideline.

Premises and equipment will be maintained by Contractor throughout the contract
period in a condition satisfactory to the University. The interior of each machine and
the areas behind, on top of, and around the base of each machine will be maintained in
a clean and orderly manner by Contractor. Machines and all related equipment and
accessories shall present a neat, clean, and sanitary appearance, be of uniform height
and façade, and or complimentary color and design. Each machine will be located such
that the space around the machine can be readily cleaned and that insect and rodent
harborage is not created nor is pest control devices visible to the public community.

Contractor will furnish written work orders to appropriate University contact for each
service call associated with cleaning, sanitizing, and pest control.


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       University Contract Administrators will conduct periodic inspection of beverage area
       and machines as part of the University’s monitoring process of this contract. A checklist
       or audit sheet will be provided to the Contractor as a guideline for monthly self-
       monitoring audits.

       Contractor may be required to visit each location to resolve problems that may develop
       or require resolution within twenty-four (24) hours upon request.

   8.8 Parking
       No free parking facilities on the campus will be provided for Contractor’s personnel or
       vehicles. Arrangements for loading and unloading material can be made by contacting
       the University’s Department of Public Safety - Parking Office at (202) 319-5111

   8.9 Loss of Equipment
       Catholic University will not be responsible for the loss of equipment or materials left on
       University premises nor in University department’s located off-campus by a contractor
       during the performance of work covered by this contract.

9.0 General Conditions
The University’s Terms and Conditions outlined in Appendix A will apply to any resulting
contract. Any different or additional terms contained in Contractor’s purchase order
acknowledgement or other document must be documented in writing and approved by the
University in advance of contract execution otherwise they will be deemed unacceptable to the
University and are hereby rejected.

   9.1 Product Liability Indemnity Provision
       To the fullest extent permitted by law, the Contractor ("Indemnifying Party") hereby
       releases and shall indemnify, defend and hold harmless the University, its subsidiaries
       and affiliates, and the officers, agents, employees, successors and assigns and
       authorized representatives of all of the foregoing (the "Indemnified Party") from and
       against any and all suits, actions, legal or administrative proceedings, claims, demands,
       liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature
       including those arising out of injury or death to the Contractor’s employees, whether
       arising before or after completion of this Agreement, to the extent directly or indirectly
       caused or claimed to be caused, occasioned, or contributed to by reason of any act,
       omission, fault or negligence, whether active or passive, of Contractor, or of anyone
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      acting under its direction or control or on its behalf in connection with or incidental to
      the performance of this Agreement. However, Contractor shall not have any duty to
      indemnify the University from any loss, damage, cost, expense, claim or liability which
      occurs as a consequence of the gross negligence or intentional misconduct of the
      University or its agents, servants or employees.

      All subcontractors are subject to all of the same terms and conditions as the primary
      Contractor as stated in Appendix (A) subcontracting requirements.

   9.2 Record Keeping and Auditing
      The contract, once executed by both parties, will be subject to the examination and
      audit of the CUA’s contracted internal audit firm for a period of three (3) years after
      final payment under the executed contract. The examination and audit shall be
      confined to those matters connected with the performance of the contract, including,
      but not limited to, the costs of administering the contract.

       Until the expiration of four (4) years after the furnishing of the supplies and services
      provided under this contract, Seller will make available to the Secretary, U.S.
      Department of Health and Human Service, the U.S. Controller General, and their
      representatives, this contract and all books, documents and records necessary to certify
      the nature and extent of the costs of those services. If Seller carries out the duties of
      the contract through a subcontract worth $ 10,000 or more over a twelve (12) month
      period with a related organization, the subcontract will also contain an access clause to
      permit access by the Secretary, Controller General, and their representatives to the
      related organization’s books and records.

9.3 Management Reports
      Contractor will furnish a monthly (or similar accounting period) report to CUA’s Campus
      Services and Procurement Services offices containing the following information:

             Department delivery building(s) and room number(s)
             Product Description
             Gross dollar sales & commission by product and machine Type
             Cumulative total of dollars for Campus by gross sales and commission for
              contract year-to-date


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            Cumulative total of dollars for campus by gross sales and commission for
             contract-to-date
            Any changes to ingredients, component weights, and nutritional labeling. All
             allergens shall be posted or labeled on each item or machine.

      Contractor shall furnish on a quarterly basis:

         1) Replenishment Request Report listing frequency of calls by location
         2) Service Call Report listing the date and time the call for service was made, date
            service was performed , a summary of the service performed on that machine,
            repair status, next steps, timing and the serial number of that machine.

      Reports are to be submitted within fifteen (15) calendar days after the end of the
      calendar quarter, e.g., reports for the month of ending October 31 are due November
      15th.

9.4     Relation of Parties
       The Supplier is an independent contractor, and no agency or employment relationship
       will be created by any contract with the University.

9.5     Insurance
       Before the commencement of any work, or the providing of any service, the Vendor
       will provide The Catholic University of America with a valid certificate of
       insurance showing evidence of the following coverage and amounts with such
       insurance companies that have A. M. Best ratings of at least A (VII) or better:

        Workers' Compensation & Employers Liability Insurance (as required by the
        state)
             Workers' Compensation: Statutory
             Employers’ Liability:
             Bodily Injury by Accident: $100,000 each accident
             Bodily Injury by Disease: $100,000 each employee
             $500,000 policy limit

        Commercial General Liability Insurance (Primary & Umbrella) Commercial


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    General Liability Insurance or equivalent with limits of not less than Two Million and
    00/100 Dollars ($2,000,000) per occurrence, combined single limit for bodily injury,
    personal injury and property damage liability coverage, including the following: all
    premises and operations, products/completed operations (for a minimum of two (2)
    years following contract completion) explosion, collapse, independent contractors,
    separation of insured’s, defense and contractual liability. The Company will be
    named as an additional insured on a primary, non-contributory basis for liability
    arising directly or indirectly from services.

   Automobile Liability Insurance Automobile Liability Insurance when any motor
   vehicle (whether owned, non-owned or hired) is used in connection with services to
   be performed, with limits of not less than One Million and
   00/100 Dollars ($1,000,000) per occurrence for bodily injury and property damage.

   Umbrella/Excess Liability Insurance Umbrella or Excess Liability Insurance with
   limits not less than Five Million and 00/100 Dollars ($5,000,000) per occurrence,
   this will provide additional limits for Employers, General and Automobile
   Liability Insurance and shall cover the Company and employees, subject to that of
   the primary coverage.

   Professional Liability (Errors and Omissions) Insurance when any professional
   performs services in connection with the contract, Vendor shall maintain
   Professional Liability Insurance covering acts, errors or omissions with limits of
   not less than One Million and 00/100 Dollars ($1,000,000) for each wrongful act
   and Two Million and 00/100 Dollars ($2,000,000) in the Aggregate. Coverage
   extensions shall include contractual liability. When policies are renewed or replaced,
   the policy retroactive date must coincide with, or precede, start of work on the
   contract. A claims made policy which is not renewed or replaced must have an
   extended reporting period of two (2) years. The policy should not contain any
   exclusion for claims arising out of purely business activities in which the insured
   professional is engaged as a sole proprietor, partner, officer, director or shareholder
   of a business enterprise.

   Commercial Crime Insurance – Vendor will maintain Commercial Crime Insurance
   Coverage with limits of no less than Five Hundred Thousand and 00/100 Dollars
   ($500,000). The policy shall contain an extension to included third party crime
   Insurance coverage to protect the assets of the Company.

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       Contractor will provide University with hard copy evidence certification, by a properly
       qualified representative that Contractor’s insurance complies with this section. In
       addition, such certification will describe insurance coverage depicted on the attached
       Appendix A. Section 9 as either on an “occurrence” form or a “claims made” form.
       Contractor’s obligation to maintain the insurance required herein and to provide
       evidence of same will survive for a period of no less than five (5) years beyond the
       Termination, Cancellation, or Expiration of this Agreement. If Contractor’s insurance
       coverages are on a “claim made” form, Contractor agrees to maintain such insurance
       and to provide University with satisfactory evidence thereof for the period stated
       above. The Certificate must be in the possession of the Campus Services and the
       University’s Environmental Health & Safety Office at the time of contract signing and
       prior to installation or service.

      Mail to:
                 The Catholic University of America
                 Campus Services
                 620 Michigan Avenue
                 Washington, D.C. 20064
                 Attn: Tim Carney, Associate Vice President, Campus Services

      A copy of the Contractor’s Insurance Certificate(s) will also be kept on file in the
      University’s Office of Environmental Health & Safety, 620 Michigan Avenue,
      Washington, D.C. 20064; Attention Director, Environmental Health & Safety.
      Contractor hereby agrees that no payment shall be made by the University until
      University is in receipt of Contractor’s Insurance Certificate. All insurance coverage and
      carriers are subject to the approval of the University.

9.6     Termination of Contract
      This contract may be terminated by University for convenience in whole or in part at any
      time in accordance with the terms of Article 4 of the attached Appendix A. In the event
      of such termination, University agrees to provide Contractor at least thirty (30) days
      prior written notice of the effective date of termination and the extent thereof.

      In the event of termination for convenience, Contractor agrees to accept as the
      reasonable amount referred to in Article 4 (A) (2) as liquidated damages and not as a
      penalty the sum of $ 100.00 for Contractor’s lost profits on the unperformed portion of
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the contract, provided compensation hereunder shall in no event exceed the total order
cost of goods (minus service costs).

If within ten (10) calendar days of receipt of written notice to Contractor from University
of Contractor’s Breach of any term or condition of this contract, Contractor shall fail to
remedy such breach, then University may, by prior written notice, terminate this
contract in whole or in part at any time.

In addition to other remedies described in Article 4, it should be understood that future
contracts with The University may be limited or withheld completely, pending
reestablishment of an acceptable record by Contractor.




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PART C: INSTRUCTIONS TO RESPONDENTS

     1. Responsive Proposals shall meet or exceed all conditions specified herein

     2. Required Information and Data shall be furnished in completion as requested

         2.1 Signed University Request for Proposal Form and proposal as outlined in PART
             E, shall be returned to The Catholic University of America, Procurement Services
             no later than 4:00 PM on the Wednesday, March 23, 2011 set for bid proposal
             receipt, in order to be considered. Late bids shall be rejected. Please provide
             your response in the format outlined in PART E and in the Attachments.

         2.2 As a condition of participation in this Request for Proposal your bid response
             must be valid for 120 days from the Request for Proposal closing date (March
             23, 2011).

         2.3 The bidder certifies that: a) the prices, commissions, and terms specified in this
             Request for Proposal represent the most favorable that will be offered any
             Catholic University location; b) the bidder agrees, if not awarded a contract as a
             result of the Proposal submitted, not to solicit business from any Catholic
             University department for the products and services listed on this Request For
             Proposal at lower prices or better terms than specified in the quotation; and c)
             the bidder understands that violation of any of the above shall be grounds for
             disqualification on future bids.

     3. Caution to Bidders: Bidder is cautioned not to delete or make changes in
        provisions, terms or specifications/agreements of this bid request, as such changes
        may render your bid non-responsive.

     4. Bid Withdrawal or Modification of Bids: Bid quotations may be withdrawn or
        modified by a written, faxed or emailed request from bidder one (1) day prior to the
        time fixed for receiving bid proposals. The University may, by written notice to all
        bidders, revise or amend the Request for Proposal prior to the due date for bid
        proposals. If, in the opinion of the University, the revision(s) or amendment(s) will
        require changes in the bid quotation, the due date may be extended to all
        participants.


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All documents associated with this RFP will be posted to the CUA Procurement Services
website at http://treasurer.cua.edu/Procurement-Services/requestsproposals.cfm .

5.    Questions relating to the interpretation of the bid documents may be directed to:

                     The Catholic University of America
                     Procurement Services
                     620 Michigan Ave; LHY LL40
                     Washington, D.C. 20064
                     Attn: Norman Brown, Director
                     Tel: (202) 319-5044; Fax: (202) 319-5047
                     CUA-Solicitations@CUA.edu




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PART D: EVALUATION FACTORS & BASIS OF AWARD

1. Bid Evaluation
  While it is anticipated the contract will be awarded to the bidder with the highest cost per
  quality point based upon the following criteria, CUA reserves the right to modify this list at
  the time of its selection as is deemed appropriate in the sole discretion of CUA:

        Commission Percent Paid to CUA
        Varied Product Offerings and Nutritional & Sensory Attributes
        Quality Standards in Systems
        Quality Standards in Technology
        State-of-the art beverage machines and possible integration with the University’s
         Cardinal Card system
        Promotions and sponsorships
        Level of Contractor investment over contract period
        Client References
        Green Initiatives

  If contract is terminated for breach of contract within ninety (90) days of the effective date
  of the contract, University will award the balance of the contract period to the next highest
  scoring bidder considered responsive to this RFP.

 2. Reference and Background Checks
  Seller must have satisfactory reference checks or satisfactory past performance to qualify
  for a contract. Sellers who have not furnished similar goods or services to the University
  during the last three (3) years shall furnish a minimum of three (3) references. Provide
  name, address, telephone number, email address, and full contact name for each reference
  given. Unsatisfactory response from one (1) source may result in rejection of Contractor’s
  proposal or offer without further consideration. The University will be the sole judge in this
  evaluation. Contractor must give reference contacts permission to speak with a
  representative of CUA to verify services rendered.

  References will be evaluated on the basis of regular and timely restocking of machines,
  freshness of products, cleanliness of machines, prompt repair or replacement of
  malfunctioning machines, promptness and accuracy of reports and commission checks,


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   ability to generate detailed commission reports by machine and location, and prompt
   refund of customers’ money when machine malfunctions.

   Seller will be checked to see if they are listed on the U. S. State Department’s ‘Excluded
   Parties List.’ If listed, proposal will be rejected.

3. Selection of Proposals
   The University may reject any and all bids if deemed in the best interest of the University,
   and reject a bid of any party who has been delinquent or unfaithful in any former contract
   with CUA. CUA reserves the right to re-solicit information or proposals. CUA reserves the
   right to make whole, split and multiple awards as a result of this solicitation; to make no award at all
   or to change the terms of the solicitation and make an award to any vendor CUA chooses; and to
   make all these decisions entirely within the absolute discretion of CUA .

   If the solicitation does not result in the Catholic University obtaining reasonable prices and/
   or commissions in the opinion of the Director of Procurement Services, when considering all
   the price and cost factors associated with the installation and supply of beverage machines,
   the University will reject all proposals.

   All participating bidders shall be notified of the rejection, the reason(s) for the rejection(s),
   and advised of the next course of action with regard to the contract.




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PART E: SUBMITTAL REQUEST

Please submit proposal for Beverage Pouring Rights to:

                            The Catholic University of America
                            Procurement Services
                            620 Michigan Avenue: LHY LL40
                            Washington, D.C. 20064
                            Attn: Norman Brown
                                  Director of Procurement Services
                                  CUA-Solicitations@cua.edu

1. Company Information
a. Identify name, address, and telephone number of key team members and what role they
    will play.
b. Identify the key contact person and sign that he (she) has read this RFP.
c. Provide details on staffing/management structure.
d. Provide your company’s mission statement.
e. Provide narrative and pictorial description of relevant clients and comparable pouring rights
    agreements.


2. Financial Information
a. Provide evidence of financial resources with a minimum of two (2) financial references
    (Exhibit 3), and the previous two (2) years of audited financial statements.
b. Provide a start-up (transition) plan, installation of beverage machines and replenishment
    schedules.


3. Marketing and Customer Service Plan (2 pages Max)
a. Provide creative marketing ideas for promoting beverage. Outline example of beverage
    incentives and promotions required by this contract.
b. Describe your philosophy as it relates to customer service in your profession and provide
    methods for managing, monitoring and tracking service levels.
c. How will business opportunities for local, small, socially and economically disadvantaged
    and women owned businesses be provided for in the beverage operations that services this
    RFP/contract?



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4. Product and Pricing
ENCLOSE TWO (2) COPIES OF YOUR CURRENT PRICE LIST.

ENCLOSE TWO (2) COPIES OF YOUR CURRENT PRODUCT LIST WHICH SHOWS EACH ITEM BY ITS
REGISTERED TRADEMARK NAME, NET WEIGHT, AND MANUFACTURER’S NAME.

ENCLOSE TWO (2) COPIES OF YOUR PROPOSED PRODUCT LINE AND PRICING FOR EACH
CATEGORY LISTED AS WELL AS OTHER OFFERINGS YOU ARE CAPABLE OF SUPPORTING.



5. Equipment
ENCLOSE TWO (2) COPIES OF MANUFACTURER CUT SHEETS OF THE BEVERAGE MACHINES,
SODA DISPENSERS AND DIGITAL PHOTOS OF MACHINE TYPES THAT ARE AVAILABLE.

BEVERAGE MACHINE CATEGORIES:
   Soda System w/Dispenser Stand
   Open Air Merchandisers
   Display Coolers

REFERENCES (as requested in PART D #2) see Reference forms in Exhibit 3.
Sellers who have not furnished similar goods or services to the University during the last three
(3) years shall furnish a minimum of three (3) references. Provide name, address, telephone
number, email address, and full contact name for each reference given (Exhibit 8 format).

(Any additional information may be added as attachments.)

6. "CONFIDENTIAL INFORMATION"
   All information submitted as a part of this Request for Proposal is for consideration for
   CUA only.

   Should a request be made of CUA for information that has been designated confidential
   by the bidder and on the basis of that designation, CUA will deny the request for
   information; the bidder may be responsible for all legal costs necessary to defend such
   action if the denial is challenged in a court of law.

7. Respondent Certification
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     The respondent certifies that: 1) the prices and terms specified in this Request for
     Proposal represent the most favorable that will be offered any Catholic University
     location; 2) the respondent agrees, if not awarded an order as a result of the quotation
     submitted, not to solicit business from any University department for the products listed
     on this Request for Proposal (RFP) at lower prices or better terms than specified in the
     quotation; and 3) the respondent understands that violation of any of the above shall be
     grounds for disqualification on future bids.

     Respondent certifies that the only persons or parties interested in this RFP as Principals,
     are those named herein as Seller and that Respondent is not providing the service through
     subcontracted firms; that this RFP is made without collusion with any other person, firm
     or corporation, either directly or indirectly, or taken any action in restraint of free
     competitive bidding; and in submitting this RFP respondent has examined instructions,
     terms and conditions and specifications of this RFP. Respondent proposes and agrees to
     execute and fully perform in accordance with any proposal offered to the University.

8. Penalty for Collusion
     IF AT ANY TIME IT SHALL BE FOUND THAT THE PERSON, FIRM OR CORPORATION TO
     WHICH A CONTRACT HAS BEEN AWARDED HAS, IN PRESENTING A PROPOSAL,
     COLLUDED WITH ANY OTHER PARTY OR PARTIES, THE CONTRACT SO AWARDED SHALL
     BE NULL AND VOID AND THE SELLER SHALL BE LIABLE TO THE UNIVERSITY FOR ALL LOSS
     OR DAMAGE WHICH THE UNIVERSITY MAY HAVE SUFFERED.

9.   Bid Results
     Bid openings are not public. Any award summary will be made available to bid
     respondents, upon their written request, after the award of the contract has been made.

10. Bid Protest
     Any actual or prospective bidder or contractor who has a complaint regarding the
     solicitation and evaluation process for award of a contract should first attempt to resolve
     the grievance with the Director of Procurement Services and Associate Vice President for
     Campus Services with a copy to the Associate Vice President for Finance. If the
     controversy over the solicitation or award of a contract cannot be resolved at this level, the
     complainant may file a protest or notice of other controversy with the Vice President for
     Student Life with a copy to the Vice President for Finance and Treasurer. A protest or
     notice of other controversy must be filed promptly to Campus Services and in any event

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within two calendar weeks after such complainant knows or should have known of the
facts giving rise thereto. All protests or notices of other controversies must be in writing.

The Vice President for Student Life may appoint individuals to investigate the issues
involved in the complaint, analyze the findings, consult with General Counsel, and
promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise
furnished to the aggrieved party and shall state the reasons for the action taken.

In the event of a protest timely filed, the University will not proceed further with the
solicitation or award involved until the protest is resolved or withdrawn unless the —Vice
President for Student Life consults with General Counsel and makes a written and
adequately supported determination that continuation of the procurement is necessary to
protect substantial interests of the University. It is expected that any decision to proceed
with the solicitation or award prior to the University's resolution of the protest will occur
infrequently. Such circumstances include but are not limited to:

  1.    When the award of an extramurally funded contract or grant would be jeopardized,
        or when a material breach or significant delay in timely performance of an
        extramurally funded contract or grant would result.

  2.    Contracts for repair, operation and maintenance of equipment used in scientific
        and medical research projects, food service operations, waste removal, building
        systems (e.g., utilities, elevators, heating, air conditioning, security, etc.), voice and
        data communications, and computers, provided that the lack of such contracts
        would substantially interfere with the University's functions in these areas.

  3.    Equipment, supplies, or services directly or indirectly related to students.

  4.    Equipment, supplies, and services required for scheduled events (e.g., classes,
        public functions, athletic events) when absence of needed material could result in
        cancellation or rescheduling the programs and events.

The responsible University official shall document in the contract file, in detail, the
reasons for proceeding prior to resolution of a bid protest. Written notice of the decision
to proceed shall be given to the complainant and others concerned with the transaction.



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                                              APPENDICES

Appendix A: Catholic University Terms and Conditions
Appendix B: University Academic Calendar




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                                    APPENDIX A: Catholic University Terms and Conditions
Part1: Term and Conditions                                                     kind are normally used. If the Supplier know or has reason to know
(Applicable to all Suppliers)                                                  the particular purpose for which the University intends to use the
                                                                               good or services, Supplier warrants that such good and services will
1. Formation of Contracts: Suppliers commencement of work or
                                                                               be fit for such particular purpose. Supplier warrants that goods and
   shipment of good hereunder (whichever occurs first) shall be
                                                                               services furnished will conform in all respects to samples,
   deemed and effective mode of acceptance of the University’s offer
                                                                               advertisements and other forms of representations made to the
   to purchase contained in this purchase order (PO).               Any
                                                                               University regarding the goods or services purchased or supplied,
   acceptance of this PO is limited to acceptance of the express terms
                                                                               inspections, test, acceptance or use of goods or services furnished
   it contains. Any proposal for additional or different terms or any
                                                                               hereunder by the University shall not affect the Supplier’s
   attempt by Suppliers to vary in any degree any of the terms of this
                                                                               obligation under this warranty, and such obligations shall survive
   PO in Suppliers acceptance is hereby objected to and rejected, but
                                                                               inspection, test, acceptance and use. Supplier’s warranty shall run
   such variances are in the terms of the descriptions, quantity, price,
                                                                               to the University, its successors, assigns, customers, faculty and
   or delivery schedule of the goods or services. Such proposal for
                                                                               staff and students. Supplier may not negate, exclude, limit, or
   additional or different terms. If this PO shall be deemed an
                                                                               modify in any way any warranty otherwise available to the
   acceptance of a prior offer by Supplier, such acceptance is limited
                                                                               University. Supplier agrees to promptly replace or correct defects,
   to the express terms contained in this PO. Additional or different
                                                                               of any goods or services not conforming to the foregoing warranty,
   terms or any attempt by Supplier to vary in any degree any terms
                                                                               without expense of the University, when notified of such
   of this PO shall be deemed material and shall be rejected.
                                                                               nonconformity by the University, provided the University elects to
   However, this PO shall not operate as a rejection of the Suppliers
                                                                               correct defects in or replace nonconforming goods or services
   offer unless it contains variances in the terms of the description,
                                                                               promptly, the University, after reasonable notice to Supplier, may
   quantity, price, or delivery schedule of the goods or services
                                                                               make such corrections or replace such goods and services and
                                                                               charge the Supplier the cost incurred by the University in doing so.
2. Cancellations: The University reserves the right at any time for its
                                                                               These warranties are in addition to those otherwise offered by
   convenience to cancel this PO as to all or any portion of the goods
                                                                               Supplier and Manufacturer.
   then not shipped or services then not performed. Subject to an
   equitable adjustment between the parties as any work of material
                                                                            5. Set-off: All claims for money due or to become due to the
   (but not to include standard stock) then in progress. Suppliers shall
                                                                               University from a Supplier shall be subject to deduction of setoff by
   not be paid any amount of lost profits on canceled orders, or for
                                                                               the University against any amounts owed to the Supplier from the
   any avoidable costs incurred after receipts of notice of cancellation,
                                                                               University arising out of this or any other transaction with Supplier.
   including but not limited to any cost incurred by suppliers or
                                                                               The University may exercise its set-off-rights without prior notice to
   subcontractor which suppliers could reasonably have avoided. No
                                                                               Supplier.
   termination for convenience shall relieve the Supplier or University
   of its obligations as to any goods or services previously delivered
                                                                            6. Waiver: The University delay or failure to enforce any term or
   hereunder. Any claim for adjustment hereunder must be asserted
                                                                               condition of this PO shall not operate to waive such term or
   within (30) days after the date of Supplier’s receipt of notice of
                                                                               condition. Any such waiver must be expressed by the University in
   cancellation.
                                                                               an authorized writing.
 3. Termination for cause: The University may terminate this PO or
                                                                            7. Delivery: Whenever this PO sets a date or time for the delivery of
    any part hereof at any time for cause in the event the Supplier fails
                                                                               goods and services, time is of the essence. The University may
    to comply with any of the terms and conditions of this PO,
                                                                               regard the failure to deliver in a timely manner as a breach of these
    including, without limitations, late delivery or performance, the
                                                                               terms and conditions, entitling the University to all rights and
    delivery of defective or non-conforming good or services, or failure
                                                                               remedies at law, equity, and under the specific remedies of this PO.
    to provide the University with reasonable assurances of future
                                                                               Title and risk of loss or damage to items ordered herein shall
    performance. In the event of termination for cause, the University
                                                                               remain with Supplier until delivered to and accepted by the
    shall not be liable to Supplier for any amount, and the Supplier
                                                                               University. All packaging, carting, transportation and insurance
    shall be liable to the University for any and all Damages sustained
                                                                               charges are too paid for by the Supplier, unless otherwise
    by reason of the default which gave rise to the termination.
                                                                               specifically stated in the PO. All goods shipped shall be free of liens
                                                                               or encumbrances. The Supplier shall furnish satisfactory evidence
 4. Warranty. Supplier expressly warrants that all goods and services
                                                                               of freedom from any such liens or encumbrances of requested to
    furnished under this PO shall conform to all specifications and
                                                                               do by the University.
    industry standards, and will be free of defects, including, where
    applicable and without limitation, defects in material,
                                                                            8. Indemnification:     Supplier shall defend and indemnify the
    workmanship, and title. Supplier warrants that all goods and
                                                                               University against, and shall hold the University harmless from, any
    services furnished hereunder will be merchantable and will be safe
                                                                               claims made by any person or entity as a result of injuries,
    and appropriate for purposes for which good and services of this
                                                                               damages, expenses and losses incurred by such a person or entity,

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    including without limitation such person’s or entity’s and the
    University’s legal cost and attorney’s fees (hereinafter collectively      17. Sales and Use Taxes: The University is a 501 (c) (3) organization
    “Liabilities”) arising out of or relating to Supplier’s performance or         and is exempt from sales and use taxes. A Federal Tax Exemption
    failure to perform pursuant to this PO except to the extent that the           Certificate will be furnished upon request.
    liabilities are a result of the direct and sole negligence’s of the        18. Cancellation for Conflict of Interest: Supplier asserts that no
    University. This provision shall survive the termination of                     conflict of interest exists between any employee of the University
    completion of the work or expiration of this PO.                                and the Supplier. This PO is subject to cancellation if there is
                                                                                    found to be a conflict of interest between a University employee
  9. Insurance: Supplier must provide to the University’s Procurement               and the Supplier. Refer to the CUA “Conflict of Interest Policy”
     Services Office a Certificate of Insurance with proof of the following         located on (insert website link).
     amounts of coverage: General Aggregate limit, $2,000,000,
     Product/Completed Operations, $2,000,000, Personal Injury and             19. Invoicing: Each order must have an original and duplicate invoice,
     Adv. Injury limit, $1,000,000 ea. Person/organization, Bodily Injury          clearly displaying the corresponding PO number(s), mailed to
     & Property Damage, $1,000,000 each occurrence, Fire Damage,                   “THE CATHOLIC UNIVERSITY OF AMERICA, ACCOUNTS PAYABLE
     $1,000,000 (any one fire), Medical Expenses, $5,000 (any one                  OFFICE, 620 MICHIGAN AVE NE, LEAHY HALL SUITE 150
     person)                                                                       WASHINGTON DC 20064”. Accounts Payable may return invoices
                                                                                   which do not comply with University policy. Question regarding
 10. Assignment: None of the Supplier’s duties to perform its                      University invoicing policy or procedures should be directed to the
     obligations under the PO may be delegated or assigned to another              – Accounts Payable Office
     person or party without the prior written consent of the
     University’s Procurement Services Office. The University may              20. IP Ownership: The University will own all rights, title and interest
     assign the PO to any affiliate, or successor in interest of all or any        in any and all intellectual property rights created in the
     part of its operations with prior notice to the Supplier.                     performance or otherwise arising from this purchase, and Supplier
                                                                                   will execute any assignments or other documents needed for the
11. Access to Records: Supplier shall preserve and permit the                      University to perfect such rights, provided that for research
    University or any of the University’s duly-authorized                          collaboration pursuant to subcontracts under sponsored research
    representatives to examine and audit all directly pertinent books,             agreements administered by the University’s Office of Sponsored
    documents, papers and records of the Supplier involving                        Programs, Intellectual property right will be governed by the terms
    transactions related to this PO for the purpose of making audits,              of the grant of contract to the University to the extent such grant
    examinations, excerpts and transcripts for a period of three (3)               or contract requires intellectual property terms to apply to the
    years after final payment hereunder, Supplier agrees to refund to              subcontractors.
    the University any overpayments disclosed by any audit.
                                                                              21. Compliance and Certifications (Applicable to all Suppliers)
 12. Publicity: Supplier shall not in any way or in any form publicize or
     advertise the fact that the Supplier is supplying goods or providing      22. Debarment: Supplier certifies that neither it nor any of its
     services to The Catholic University of America without express                Principals (officers, directors, owners, partners, key employees,
     written approval of the University.                                           principal investigators, researchers, or management or supervisory
                                                                                   personnel) is presently debarred, suspended, proposed for
 13. Remedies not Exclusive: The remedies available to the University              debarment, declared ineligible or exclude from participation in this
     under this PO are not exclusive, but are in addition to such other            transaction or any federal grant benefit contract or program
     remedies available to the University by law, or in any way arising            (including but not limited to Medicare and Medicaid and Federal
     out of the Supplier’s performance under this PO.                              Health Care Programs) by any Federal department or agency. (See
                                                                                   Executive Orders 12549 and 12689, 45 CFR parts 9, 42 USC sect-
 14. Applicable Law: This PO, and all disputes arising hereunder, shall            .1320a-7). To the extent necessary to assure the accuracy of its
     be governed by the laws of The District of Columbia, and the                  certifications Suppliers agrees to conduct searches of the List of
     parties commit to the jurisdiction and venue of the courts located            Parties Excluded from Federal Procurement and Non-procurement
     in The District of Columbia, to adjudicate any dispute arising under          programs maintained by the General Services Administration
     or relating to this PO.                                                       (http://epls.arnet.gov) and the list of Excluded Individuals and
                                                                                   Entities maintained by the Department of Health and Human
 15. Modification in Writing: The PO, when accepted as indicated                   Services (http://oig.hhs.gov) prior t making its certifications.
     herein, may not be modified, amended, rescinded or in any way                 Supplier declared ineligible or excluded from participation in this
     varied, except in written, signed by both parties.                            transaction or in any federal grant, benefit, contract, or program. If
                                                                                   subcontracting is permitted by this PO, Supplier agrees that it will
 16. Electronic/Facsimile Transmission: If the PO is transmitted by                include this clause, without modification in all subcontracts and
     electronic means, such transmission shall have the legal                      subprojects and in all solicitations for subcontract and subproject
     significances of a duly executed original document delivered to the           proposal. Supplier agrees that debarment, suspension proposed
     Supplier.                                                                     debarment or suspension, ineligibility or exclusion of Supplier, or

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   any of its Principals or subcontractors, shall continue cause for             its employees. The payroll or employment taxes that are subject
   immediate termination of this Agreement by the University.                    of this paragraph include but are not limited to FICA, FUTA,
                                                                                 federal personal income tax, state personal income tax, state
23. Hazardous Materials: If Supplier intend to bring onto the premises           disability insurance tax, and state unemployment insurance tax
    or take away for the University any hazardous chemicals or intend
    to engage in any activities which might reasonably be expected to       29. Personal Property/Equipment:           University shall have no
    create a danger or hazard to employees or other persons at the              responsibility for the loss, theft, mysterious disappearance of, or
    University, then in advance of any such activity, the Supplier shall        damage t equipment, tools, materials, supplies, and other
    submit to the Office of Risk Management for review and approval it          personal property of the Supplier or its agent or employees that
    program for compliance with the University’s Hazardous Waste                may be brought onto the University premises or stored at the
    Management Plan (HWMP) and its schedule and methods for                     University, except for damage caused by the direct and sole
    performing such activities. Supplier will adhere to its approved            negligence of the University.
    program in the performance of all work to be done on the
    University premises. Supplier is given notice hereby that the           30. Work Authorization: Supplier will ensure that if any of its
    University has a Hazardous Waste Management Plan pursuant to                employees assigned to work under this PO are not a US worker
    the RCRA 1976 enactment and in compliance with EPA and The                  (i.e., US citizen, lawful permanent resident, temporary legal
    District of Columbia regulations, and that Supplier should obtain           resident, refugee, or asylum) the terms of his/her visa status will
    further information regarding CUA’s HWMP by calling the Office of           permit the employee and /or Consultant to perform and accept
    Risk Management at 202-319-5602.                                            payment legally for services provided as an independent contractor
                                                                                under this agreement. Supplier warrants further to the University
24. Worker’s Rights: The University is committed to conducting their            that it will properly complete I-9 forms for each employee Supplier
    business affairs in a socially responsible and ethical manner and           hires to perform services for the University during the period of
    protecting and preserving the University global reputation. For this        this PO. Supplier hereby indemnifies the University for any costs,
    reason, all University Supplier’s must adopt or comply with a Fair          expense, penalties and damages, including reasonable attorneys’
    Labor code standard when conducting business with the University.           fees, arising out of the Suppliers failure to comply with its
                                                                                obligations relating to the hiring and employment of unauthorized
25. Federal Equal Employment Opportunity Law Compliance: The                    aliens.
    University is a federal contractor and as such we expect vendors
    to comply with all applicable federal equal opportunity laws,           31. Standard of Care: Supplier will provide adequate and competent
    orders and regulations including without limitation, Executive              staff and supervision thereof, and will in all respects perform with
    Order 11246, the Civil Rights Act of 1964, the Age Discrimination           at least that degree of care, skill and diligence normally exercised
    in Employment Act of 1972, the Rehabilitation Act of 1973, the              by persons regularly engaged in Suppliers business or profession.
    Vietnam Era Veterans Readjustment Assistance Act of 1974, the
    Americans With Disabilities Act of 1990, and the Civil Rights Act      32. Lawful Compliance: Supplier and its employees will comply with all
    of 1991. You may expect to receive request from time to time for           applicable laws, ordinances and regulations of governmental
    confirmation of compliance with the foregoing.                             authorities and with the rules and regulations of the University and
                                                                               its insurers while on the University premises. To verify compliance
26. Certification and Disclosure Regarding Payments to Influence               with the foregoing, Supplier will permit University official to inspect
    Certain Federal Transaction: Supplier certifies that to the best of        Supplier’s on-site operations at any time.
    the Supplier knowledge and belief it has read, fully understands
    and certifies that no funds have been paid to any person for            33. Licensed Professions: Supplier represents and warrants that
    influencing or attempting to influence in connection with                   Supplier (and each person or entity, if any acting for or on behalf of
    awarding this PO in violation of FAR 52.203 11 or 12.                       the Supplier) has all licenses, certificates, and other professional
                                                                                credentials required by law to perform the purchased services. If
27. Service Terms (Applicable to all Suppliers providing Services)              Supplier, persons in Supplier’s employ, or persons otherwise acting
                                                                                for or on the behalf of the Supplier are so required to maintain
28. Independent Contractors:         Suppliers is an independent                professional licensure, certification, or similar credentials in order
    contractor, and shall not act or purport to act as an agent,                to perform the purchased services, then in addition to these
    representative or employee of the Catholic University of America.           requirements set forth in section 9 above, Supplier must maintain
    Supplier will determine the means and methods of performing it              Professional Liability coverage on all professionals with limits of at
    services. Supplier will supply all equipment, tools, materials,             least $1,000,000 per occurrence and $3,000,000 aggregate. If
    parts, supplies, and labor (and the transportation of the same)             professional liability insurance is required under this section, then
    required to perform except as the University has otherwise                  proof of such coverage shall be included in the Supplier’s
    agreed in writing. Supplier is solely responsible for payment of            Certificate of Insurance.
    income, social security, and other employment taxes of any kind,
    shall be withheld or paid with respect to payments to Supplier or


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                          APPENDIX B: University Academic Calendars

Academic calendars for Fall and Spring semesters thru 2019 may be accessed from the
Catholic University of America’s website located at:

 http://enrollmentservices.cua.edu/Registration-and-Records/AcademicCalendar.cfm




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