INSTRUCTION FOR COMPLETING BID PROPOSAL ACKNOWLEDGEMENT FORMS This Bidder

INSTRUCTION FOR COMPLETING BID/PROPOSAL ACKNOWLEDGEMENT FORMS This Bidder/Proposal Acknowledgement Form must be completely filled in. This may be done on line then printed or you may print then fill in with pen or typewriter. PLEASE NOTE: IF THIS IS NOT COMPLETED IT MAY BE GROUNDS FOR REJECTING YOUR BID/PROPOSAL. ACKNOWLDEGEMENT FORM INVITATION TO NEGOTIATE K4582-2 FLORIDA STATE UNIVERSITY CAMPUS DINING/CATERING MANAGEMENT SERVICES AGREEMENT Company Name and Address: I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this response and certify that I am authorized to sign this response for the responder and that the responder is in compliance with all requirements of the Invitation to Negotiate, including but not limited to certification requirements. In submitting a response to the Florida State University, the responder offers and agrees that if the response is accepted, the responder will convey, sell, assign or transfer to the Florida State University all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the Florida State University. At the University’s discretion, such assignment shall be made and become effective at the time the University tenders final payment to the responder. Signature: ___________________________________________________________________ Name and Title (Typed or Clearly Printed): ____________________________________________________________________ Note: In accordance with s.119.07(3)(m), Florida Statutes, public review of responses to this Invitation to Negotiate may be denied until the notice of a decision is posted or until 10 days after the posting of, whichever occurs first. Attachments for Part 1 For more information regarding the attachments for Part 1, send an email to: mdoolittle@admin.fsu.edu Attachment cannot be sent by fax or email. This ITN has been issued to secure a business partner willing to make an investment of approximately $10 million over ten years, to provide full service campus dining, catering, and other services. This is a revenue contract, rather than a purchase. FSU will not be paying a vendor for services; rather the vendor will pay the university a portion of all revenues. INVITATION TO NEGOTIATE FLORIDA STATE UNIVERSITY CAMPUS DINING/CATERING MANAGEMENT SERVICES AGREEMENT PART I Florida State University intends to negotiate a management services agreement for the operation of the campus dining/catering operations. The agreement will become effective August 1, 2003. It is our intent to grant the successful contractor exclusive rights (excepting the areas under control of the University Center Club, Crenshaw Lanes in Oglesby Union, and the Student Life Building Theatre) to the operation of the food services, both board plan and retail, on the Tallahassee campus of FSU. Catering rights will be granted on a non-exclusive basis. The University is seeking a company with an established record of providing high quality, innovative dining services in the higher education market. Companies should have the financial base to be able to provide substantial investment/commission funding to operate the FSU Dining Services. In partnering with the right company, the University is prepared to offer a ten year contract with a five year mutual agreement renewal option. In addition to the university’s normal contract oversight, this contract will undergo a formal review in its fifth and ninth years by the university’s Food Service Advisory Committee. PART II Attached to this ITN document is an ITN from the Seminole Boosters, a direct support organization of the Florida State University Athletic Dept. The Boosters are seeking proposals to determine whether or not to continue concession operations at FSU on a selfoperation basis or to negotiate a contract with a company to provide those services. Decisions and/or negotiations concerning concessions will be made by the Seminole Boosters. A concessions contract with the Seminole Boosters may be executed in addition to the contract for FSU dining and catering services if the Boosters determine it is in their best interests to do so. The information, terms, and conditions which follow apply only to Part I of this ITN. CURRENT LOCATIONS Current food service operating locations at Florida State University are: * Crossroads - board dining facility located in Oglesby Union * Union Food Court – located in Oglesby Union next to Crossroads, contains a Burger 1 King, Pizza Hut, and Chik-Fil-A. * Far East Fusion – Asian concept located in Oglesby Union * Bubble Tea – features Bubble Tea, Dippin’ Dots, and fruit and yogurt parfaits, located in Oglesby Union * Union Market Cafe – deli featuring Boar’s Head products, Starbucks coffee, and smoothies located in Oglesby Union * Stone Willy’s – pizza and subs located in Salley Hall * Trading Post – convenience store located in parking garage #1 * Renegade Grill – full service restaurant/sports bar located at the Don Veller Seminole Golf Course * Stadium Food Court – features the Stadium Deli, Renegade Grill 2, Starbucks coffee and Freshens frozen yogurt and smoothies located in the South End Zone area of the University Center * Sub City – subs and convenience store items located in the William Johnston building * Java Blues – cyber cafe with coffee, deli sandwiches, bagels and croissants located in the Student Life building * Athletic Training Table – all you can eat facility open to the public for lunch, provides training table meals for FSU athletes in the evening, temporarily located in the old Florida High complex, will return to Moore Athletic Center upon completion of renovations. * Barrister’s – snacks, coffee, sandwiches, and specials located in the FSU Law School Hours of operation for these locations may be viewed on the FSU Dining Services website. Current meal plans and costs may also be viewed on this website. http://www.fsudiningservices.com UNIVERSITY PRIORITIES * The first and foremost priority of the University for the FSU food service is the food itself. This priority encompasses the quality of the food, the variety of the food being served, the choices offered by the multiple locations on campus, customer service, competitive price/value, and the ability of the vendor to replace and/or rotate food concepts in a timely manner to keep the food service fresh and up to date and reflect customer preferences. * The second priority of the University is the food service facilities on campus. There have been recent upgrades to some of the facilities but much more is needed. FSU and its dining services partner need to construct/renovate/and maintain clean and attractive food service facilities at multiple locations on the campus. Current plans call for the renovation of the Seminole Dining Hall as a board plan facility in the William Johnston Building to be paid for in part or completely by FSU; the successful contractor will be expected to contribute design services for the facility and possibly a financial contribution. The program document for this facility is included in the ITN packet as Attachment #1. 2 In the new Student Affairs Building currently under construction on Woodward Avenue in front of Parking Garage #2, 6,000 square feet has been allocated on the ground floor of this facility for a convenience store/24 hour food service operation. The construction contract calls for this area to be finished as shell space and the dining services partner will be expected to provide design services as well as assume the financial obligation to finish this space for operation. Upon completion of this facility, the current convenience store operation located on the ground floor of Parking Garage #1 will be vacated. FSU believes there is a need for the construction of a dining facility on the west side of campus to service the residence halls located there plus the increased population that will be located on that side of campus with the construction of the Psychology Building, the Science Building, and the Medical School. A specific site has not been determined at this point in time. Upon completion of Seminole Dining Hall and a west side dining facility, it would seem logical to convert the current board facility in Oglesby Union to retail. * A third priority, but one which is essential to attain the 1st two priorities is the financial package of the dining services contract. The financial package should be some combination of company investment and commission to FSU in order to provide the high quality campus dining service desired by FSU. It is essential that the financial package be structured such that the investment/commission is not too heavily front-loaded so that there will be funds available for reinvestment in the dining program throughout the life of the agreement. Commissions should clearly stated as a percentage of gross sales revenues and/or minimum annual guarantees. Companies submitting a response should be prepared to offer a total financial package of at least ten million dollars over the ten year contract period. CATERING While the catering rights will be granted on a non-exclusive basis, outside caterers will not be allowed access to FSU food preparation/dining facilities (with the exception of events held in the Alumni Center). FSU will expect its dining services partner to provide high quality catering services for a variety of University events. Services should include event planning and coordination as well as a variety of choices at competitive pricing. BOARD PLANS The FSU dining services partner will be expected to offer a variety of board plans on a non-mandatory basis to meet the needs of the students. FSU is prepared to implement a mandatory board plan in the “Living and Learning” communities encompassing approximately 1,500 students. This board plan will be implemented upon the completion of the Seminole Dining Hall project in the William Johnston Building currently scheduled for completion in March of 2004. For planning purposes, companies should anticipate implementation of the above referenced mandatory board plan in the fall semester of 2004. 3 HOUSING DEMOGRAPHICS Current (2002-03) undergraduate housing capacity at FSU is 4,282 students. Of these students, 74.2% are freshmen, 16.6% are sophomores, 6.3% are juniors, and 2.7% are seniors. There are 2,152 beds in the traditional community bath halls, 1.931 beds in suite style halls, and 199 beds in apartment style halls. Undergraduate housing capacity in the fall of 2003 will be 4,849 with the addition of 567 beds in the new apartment style residence hall currently under construction. FOOD SERVICE REVENUES Attachment #2: Attached to this document is a table showing the revenues of the FSU food service for the past 5 years. PROPOSALS Response Format: • Submit one (1) original and sixteen (16) copies of your proposal. The original response shall contain the original manual signature of the authorized person signing the proposal. Failure to include the original and all signed copies may be grounds for rejection of your proposal without further evaluation. The original response shall be in a separate envelope, clearly marked original. Copies may be submitted in bulk. The outer carton of the response shall include the ITN number, name, and due date. Your response shall include the information and required submittals described in the Content section, tabbed and numbered as shown below, with all information appearing in the Tab in which it was requested. Questions and requests for information may not be rearranged, regrouped, or divided in any way. All information and required submittals requested SHALL BE in hardcopy form and included in your written response. Responses shall not refer the university to electronic media such as website, cd’s, disks, or tapes in order to obtain the required information or submittals. Information submitted that is not requested by the university may be considered to be supplemental, not subject to evaluation by the committee members. If there is any information or required submittals which due to size or binding cannot be incorporated following the proper tab, you must provide information following the numbered tab, telling the evaluator where the information can be found in your response. • • • • • • • 4 Response Content: • Tab 1: A one or two page executive summary of your proposal, including brief descriptions of your company’s expertise and experience dealing with a contract the size and scope of the FSU food service operation, and how you plan to address the university’s priorities. Tab 2: Completed and signed ITN acknowledgement form, signed and completed acknowledgement forms for any addenda issued. Tab 3: Contact name(s) and titles of the individual(s) responsible for the company’s proposal and negotiation during this ITN process. Tab 4: The financial statements of the company for the past three years. If the company is a division of a larger corporation, the statements should be submitted for the corporation as a whole AND for that division of the corporation. Tab 5: A listing of all the company’s current higher education sites that generate more than $6 million/year in sales revenues. This should include the name, address, telephone and email of the client contract administrator. This list should also include the number of students on board plans at each institution and whether the board plans are mandatory or non-mandatory. Tab 6: Based upon the information presented above, submit a detailed plan of the company’s “vision” for FSU Dining Services in the next ten years and a timetable for attaining that vision. This “vision” should be comprehensive. Tab 7: Submit a financial plan that details how it will enable FSU and the company to attain the desired vision for FSU Dining Services. The financial plan should clearly delineate between investment by the company, commission to the university based upon a percentage of sales revenues and minimum annual guarantee commission to the university. The company should take into account that commissions to the university are subject to the State Of Florida sales tax and the company will be expected to remit the appropriate tax along with commissions. Tab 8: Submit the resumes of the management team the company is proposing for the FSU account. This should include at least the General Manager and the District/Regional Manager. If management personnel that will be direct reports to the General Manager have been selected, those resumes should also be included. Tab 9: Submit proposed board plans and pricing for 2003-04 and 2004-05. Tab 10: Submit sample catering menus and pricing. • • • • • • • • • EVALUATION PROCESS Proposals will be evaluated by the ITN Evaluation Committee to determine a short list of companies whose written response best addresses the university’s priorities, as previously stated. Those selected for the short list will continue in the evaluation process, which will involve site visits and company presentations, company management team interviews, negotiations, and evaluation of the company’s best and final offer. 5 IMPORTANT NOTE REGARDING INITIAL WRITTEN RESPONSE: The determination of the companies selected for the short list with whom negotiations will continue will be based on evaluation of the written response submitted. There will be no opportunity for presentations at this stage. Any response that does not provide complete, accurate, and detailed answers to each question, or which indicates the company prefers to defer providing complete details until a later stage in the process, may be declared nonresponsive, and rejected without further evaluation. The short listed companies will be required to submit a listing of five (5) of their higher education accounts of which the Committee will choose one for a 2 day site visit. The listing of 5 accounts must include total enrollment, on campus resident enrollment, number of board plans, and whether board plans are mandatory or non-mandatory. Travel expenses for these visits will be borne by FSU. On the site visit the company shall provide a tour of the facilities, a catered evening meal for the Committee, breakfast the following morning at one of its board dining facilities and lunch at its retail facilities. Between breakfast and lunch the company shall make its formal presentation to the Committee, addressing the university’s priorities and the company’s willingness and ability to fulfill the university’s food service needs for the next ten years. Following the site visits the Committee will interview the management team the company is proposing to bring to the FSU account. After site visits, negotiations, and management team interviews have been completed, companies will be given a deadline for submission of a “best and final” offer. The negotiation process will stop upon submission of the “best and final” offers and companies will not be allowed to make further adjustments to their offer or communicate further with the university, except to respond to requests for clarification from the Committee. The recommendation of the Evaluation Committee will be based upon the initial written response, site visits, management team interviews and best and final offers. That recommendation will be submitted to the Senior Vice President for Finance & Administration for a decision. Once the contract award is determined, the successful contractor and the FSU Director of Business Services will prepare a final contract document. COMPANY QUESTIONS Preliminary questions to the ITN document and/or process should be written and submitted at the mandatory pre-negotiation conference. Questions which cannot be answered at the conference, or questions that arise following the conference shall be submitted in writing no later than the day and time shown in the Calendar of Events as the last day to submit questions. FSU will respond to questions via and addendum which will be posted to the FSU Purchasing Department website: http://www.vpfa.fsu.edu/purch/VendorInfo.html. All postings referred to in this ITN will be posted electronically on this website. At all times it shall remain the responsibility of the company participating in the ITN to check the website for postings of addenda or short list or award decisions. No further notice will be given. 6 SOLE POINT OF CONTACT The University’s sole point of contact for all matters relating to this ITN is: Marcie Doolittle, Associate Director Purchasing and Receiving Florida State University University Center, Suite A-1400 Tallahassee, FL 32306 Phone: (850) 644-9719 Fax: (850) 644-8921 Email: mdoolittle@admin.fsu.edu Any individual associated with the company participating in this ITN who contacts any other university employee and/or Evaluation Committee member regarding any aspect of this ITN, who attempts to discuss the ITN with any representative of FSU other than the person designated as the sole point of contact, whether such contact be in person, telephone, or through electronic or written correspondence, may be determined to have violated the terms and conditions of this solicitation. If that determination is made, any proposal received from such an individual OR his or her company may be rejected as non-responsive, not subject to evaluation. If there are any changes or additions to the sole point of contact information at any time in the process, participating companies will be notified via an addendum to the ITN. INVESTIGATIONS BY PARTICIPATING COMPANIES FSU has scheduled an optional tour of FSU food services facilities (see Calendar of Events). Participating companies shall make all investigations at their own cost, to thoroughly inform themselves regarding the scope of services referenced in the ITN. No plea of ignorance by those responding to the ITN or by the successful company, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the company to make the necessary examinations and investigations, or failure to fulfill the requirements of the contract documents, will be accepted as a basis for varying the requirements of the ITN or to the contract, including compensation, with the successful company. INTERPRETATIONS / DISPUTES Any questions concerning conditions and specifications shall be directed in writing to the FSU Purchasing Department, to the attention of the person designated as the sole point of contact, by the date and time outlined in the Calendar of Events. No interpretation shall be considered binding unless provided in writing by the university in response to requests in full compliance with this provision. Any person who is adversely affected by the university’s decision or intended decision concerning a solicitation or contract award and 7 who wants to protest such a decision shall file a protest in compliance with Section 120.57(3)(b), F.S. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., and the bond required under Rule 6C-18.055(3) shall constitute a waiver of proceedings. NOTICE OF ITN PROTEST, BONDING REQUIREMENT Any person or company/business who files an action protesting a decision or intended decision pertaining to the ITN solicitation administered by the university pursuant to Section 120.57(3)(b), Florida Statutes, shall post with the university at the time of filing the formal written protest, a BOND payable to the university in an amount equal to ten percent of the total volume of the contract or $10,000, whichever is less, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the university may, in either case, accept a cashier’s check or money order in the amount of the bond. FAILURE TO FILE THE PROPER BOND AT THE TIME OF FILING THE FORMAL PROTEST WILL RESULT IN A DENIAL OF THE PROTEST. PUBLIC RECORDS All materials submitted by a company in response to this solicitation, in whole or in part, are a public document pursuant to Section 119.07, Florida Statutes. This included any material that the company might consider confidential or a trade secret. Any reference to confidentiality or restrictions on circulation or release of all or part of any proposal submitted, whether such reference is submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the conditions as stated in this solicitation are the only conditions applicable to this ITN, and the authorized signature of the company representative affixed to the acknowledgement form attests to this. CALENDAR OF EVENTS A. ITN issued and advertised Date: November 1, 2002 B. Optional tour of FSU Tallahassee campus food service facilities Date: November 20, 2002 Time: 9am EST Location: Bus pick-up in parking lot of Don Veller Seminole Golf Course & Club Restrictions: No more than three (3) representatives per company may attend. Photography is permitted. 8 C. MANDATORY pre-ITN conference Date: November 20, 2002 Time: 1:30pm EST Location: David Middleton Golf Facility D. Last day for ITN participants to submit written questions to FSU Date: November 22, 2002 Time: 2:30pm EST Procedure: Questions must be submitted by email to: mdoolittle@admin.fsu.edu E. FSU answers questions via an addendum posted to the FSU website Date: November 26, 2002 Time: 5pm EST Procedure: Companies are responsible for obtaining the addendum from the FSU Purchasing Dept. website. Notice of posting will not be sent. F. Written proposals due in the FSU Purchasing Dept. Date: December 11, 2002 Time: 2:30pm EST Location for delivery: FSU Purchasing Dept. 1400A University Center Tallahassee, FL 32306-2370 Procedure: Responses delivered after 2:30pm EST OR to any location other than the address shown above, are subject to rejection without evaluation. G. Evaluation Committee meets to discuss and determine short list of companies Date: January 8, 2003 Time: to be determined Location: to be determined H. Posting of short list of companies with whom FSU will continue the ITN process Period: January 8, 2003 – January 13, 2003 I. Evaluation Committee conducts site visits to sites selected by short list vendors Dates: January 15, 2003 – February 7, 2003 Note: Dates shown are estimates for planning purposes and are subject to change. J. Negotiation team conducts negotiations with short list companies Dates: February 10 – 28, 2003 Note: Dates shown are estimates for planning purposes and are subject to change. 9 K. Evaluation Committee conducts company management team interviews Dates: February 10, 2003 – March 7, 2003 Note: Dates shown are estimates for planning purposes and are subject to change. L. Best and final offers due in FSU Purchasing Dept. Date: March 11, 2003 Note: 2:30pm EST M. Evaluation Committee meets to discuss best and final offers and determine award recommendation to be advanced to Senior Vice President for Finance and Administration. Date: March 18, 2003 Time: to be determined Location: to be determined N. Posting of award to successful company Beginning date and time: Ending date and time: QUICK REFERENCE SUMMARY – CALENDAR OF EVENTS Event Date A. ITN issued 11/01/2002 B. Optional tour of facilities: 9am EST 11/20/2002 C. MANDATORY Pre-ITN conference: 1:30pm EST 11/20/2002 D. Last day for companies to submit written questions 11/22/2002 E. FSU issues response to written questions 11/26/2002 F. Written proposals from companies due 12/11/2002 G. Evaluation Committee meets and determines short list 01/08/2003 H. Posting of short listed companies 01/08/2003 – 01/13/2003 I. Evaluation Committee conducts site visits 01/15/2003 – 02/07/2003 J. Negotiations 02/10/2003 – 02/28/2003 K. Management team interviews 02/10/2003 – 03/07/2003 L. Best and final offers due 03/11/2003 M. Evaluation committee meets/determines final recommendation 03/18/2003 N. Posting of final award decision To be determined 10