UCSF University of California, San Francisco University of California, San Francisco ...A Health Sciences Campus DATE: August 28, 2008 NUMBER: RFP-VENDINGMACHINESERVICES-DH-08 THIS IS NOT AN ORDER REQUEST FOR PROPOSAL VENDING MACHINE SERVICES 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: Three (3) hard copies, one with original signature,and two (2) CDs must be submitted and received by 4:00PM on Friday, October 3, 2008 University of California, San Francisco Campus Procurement and Business Contracts 1855 Folsom Street, Ste. 304 San Francisco, CA 94143-0910 Attn.: Dianne Holmes Tel: (415) 502-3025 Fax (415) 514-9607 Alt. Fax: (415) 502-3031 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 RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 Pg. i. TABLE OF CONTENTS PART A INTRODUCTION ....................................................................................................... Pg. 1 A. General Description & Background Information (Statement of Purpose) B. Timetable C. Definitions PART B GENERAL REQUIREMENTS, TERMS & CONDITIONS .................................... Pg. 4 1. Contract Period 1.1 Initial Contract Period 1.2. Contract Extension 2. Usage 2.1 Contract Utilization 2.2 Quantity Estimates 3. Pricing and Commissions 3.1 Commission Structure 3.2 Price Adjustment 3.3 Price Protection 4. Commissions 1. Commissions Terms 2. Commissions Payments 5. Specifications 5.1 Scope of Work 5.2 Customer Cash Refunds 5.3 Personnel 5.4. Product Specifications – Individual Components, Product Size & Weight Packaging Materials List of Ingredients and Allergens Nutritional Label (calculated) QC & Microbiological Specifications 5.5. Sample Submittal 5.6 Equipment Submittal 5.7 Sanitation & Pest Control Protocols 5.8 Parking 6. General Conditions 6.1 Product Liability Indemnity Provision 6.2 Record Keeping and Auditing 6.3 Terms and Conditions 6.4 Termination of Contract PART C INSTRUCTIONS TO RESPONDENTS .............................................................. Pg. 12 1. Responsive Quotations and Bid Acceptance Period 2. Required Information and Data RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 Pg. ii. 2.1 Signed University Request for Proposal form 2.2 Bid Valid term 2.3 Bidder Certification 3. Caution to Bidders 4. Withdrawal or Modification of Bids 5. Questions relating to bid document 6. Submittals and Correspondence 7. Submittal Costs 8. Contacts with UCSF Management 9. Disclosure of Records/Confidentiality of Information 10. Respondent Certification 11. Penalty for Collusion 12. Bid Results 13. Bid Protest PART D EVALUATION FACTORS & BASIS OF AWARD............................................. Pg. 13 1. Evaluation Criteria 2. Reference Checks 3. Rejection of Offers PART E SUBMITTAL REQUEST ...................................................................................... Pg. 14 1. Price Quotation 2. Submittal Responses 3. RFP Exceptions 4. Submittal Acceptance Period 5. Respondents Certification 6. Compliance with Insurance Requirements (Insurance Certificate Form) 7. University of California Business Information Form ATTACHMENTS…………………………………………………………………………………………….. 1. Appendix A Terms and Conditions 2. Exhibit 1: Vending Machine Types and Campus Locations 3. Exhibit 2: Current Product List 4. Exhibit 3: Checklist for Submissions 5. Exhibit 4: New Vendor Set up Forms 6. Exhibit 5: Intent to Propose (due 9/18/08) 7. Exhibit 6: Category Price Response Sheets 8. Exhibit 7: Seller‟s Certification 9. Exhibit 8: Reference Contact Forms (4)-Financial (2) 10. Exhibit 9: Stipulation Questions 11. Exhibit 10: Contract Template 12. Exhibit 11: Exceptions to Contract Terms (reference by section) 13. Exhibit 12: California Retail Food Code (7/1/07) 14. Exhibit 13: AMI Microbiological Testing 15. Exhibit 14-1&14-2 Inspection Sample & Form 16. Exhibit 15 Certification of Transaction Influence 17. Exhibit 16 Debarment RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 1 PART A INTRODUCTION A. GENERAL DESCRIPTION & BACKGROUND INFORMATION The University of California, San Francisco, Campus Life Services-Retail, hereby solicits a proposal for furnishing all equipment, materials, supplies, and labor to provide for the supply and service of vending machines for food, snacks and non-alcoholic beverages to serve its staff at various locations throughout the University of California, San Francisco Campus and satellite locations The University is looking for a contractor who will provide such services and be willing to share in the profits from the venture. This is a Request for Proposal, and as such, the University reserves the right to clarify, negotiate, and correct errors taken by bidder(s) Throughout the term of the resultant contract(s), the University reserves the right to increase or decrease the number of vending machines at each site, services requested, and/or to expand the services to other UCSF sites. Such changes to the contract, or additional contracts, shall be at the same prices, terms, and conditions provided herein. Background Information: About Campus Life Services Campus Life Services (CLS) is located organizationally under the Office of the Vice Chancellor for Administration and Finance, and is operated under the direction of the Assistant Vice Chancellor. CLS provides a diverse range of support programs and services to the campus community, including the following Business Units: Housing Services Programs and Services: Recreation and Fitness, Outdoor Programs, Arts and Events, Child Care/ Elder Care), Retail Services, Conference Centers, Facilities Management Transportation Services: Shuttle Services, Fleet Management, Parking Services Documents, Media, Mail / Retail Services (DMM/RS): Reprographics, Campus Bookstore, Computer store, other retail services located at various sites, Campus Mail Services, Distribution & Storage. About Campus Life Services -Retail Services— Through our partnerships, collaborative efforts, professional management, and staff expertise we are a valued contributor to the quality of life at UCSF. Retail Services provides quality services to support the daily work-life needs of the students, staff, faculty, patients and visitors at UCSF. Retail Services contributes to the enrichment and development of a campus community through: The application of funds generated from rents and commissions to support innovative programs and facilities The provision of gathering spaces and facilities for social, cultural and intellectual exchange Sponsorship and collaboration on arts, entertainment and cultural events Retail Services provides services that are flexible and adaptable to changing customer needs and desires. Driven by customer input, our products and services are customized by location to reflect the price, quality, and product type representing the diversity of the UCSF community. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 2 B. RFP TIMETABLE Tuesday, September 2, 2008…..RFP-VENDINGMACHINESERVICES-DH-08 ..Issued Friday, September 12, 2008………………Deadline for Questions Submitted (emails only) Tuesday, September 16, 2008………Mandatory Bidders Conference @ Mission Bay Campus Thursday, September 18, 200……Summary of Questions/Answers from Bidders’ Conference (posted on CPBC website) Friday, September 26, 2008........................ Deadline for Final Questions Submitted (emails) Tuesday, September 30, 2008 ……….Summary of Final Q & As (posted on CPBC website) Friday, October 3, 2008……………..CDs & Hard Copy Bid submittal Due Date 4:00 p.m. Wednesday, October 28, 2008…………………………Completion of Bid Evaluations Monday. November 3, 2008........................ Finalist(s) Presentation to Selection Committee Tuesday, November 11, 2008…………………………Intent to Award Contract Announced Monday, January 5, 2009…………………….....................Contract Signed & Executed ` Monday, January 19, 2009…………………………………Contract Commences University does not guarantee the above schedule and reserves the right to modify this schedule to best meet its needs. The commencement period includes a possible switchover period from incumbent to possibly a new service provider and/or services. Note: There will be a Mandatory Bidder’s Conference held on Tuesday, September 16, 2008 at 2:30 p.m. The location for the Bidder’s Conference is as follows: William J. Rutter Center University of California, San Francisco 1675 Owens St. Room 414 San Francisco, CA 94143 NOTE Parking is available in the parking structure located at 1625 Owens St. Links: http://www.mapquest.com/maps/map.adp?country=US&address=1675%20Owens%20Street&city=San%20Fra ncisco&state=CA&zipcode=94158 http://pub.ucsf.edu/missionbay/directions/ UCSF’s CPBC Website: http://cpbc.ucsf.edu/ Posting of the RFP under ‘Do Business with UCSF” (left); under Current Bids, then click drop down RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 3 C. DEFINITIONS OWNER: The Regents of the University of California BUYER: University of California, San Francisco Campus Life Services-Retail 500 Parnassus Avenue, Room 245E San Francisco, CA 94143-0234 CLS: Campus Life Services -Retail SELLER: The term "Seller", "Supplier", "Contractor", "Respondent", "Provider", “Proposer” and, "Vendor", are used interchangeably herein and refer to the same entity, the provider of goods and services to the University. CONTRACT: The contract document to be furnished to Seller(s) by University jurisdictional personnel, which specifically describes goods and/or services plus terms and conditions to be covered. CONTRACT ADMINISTRATORS: University of California Campus Life Services-Retail 500 Parnassus Avenue, Room 245E, Box No. 3025 San Francisco, California 94143-0234 UNIVERSITY: The terms "University", "University of California, San Francisco", "UCSF", "Buyer", "Department" and "Regents of the University of California” are used interchangeably herein and refer to the same entity: Regents of the University. WORK: "Work" shall include all obligation, duties, requirements, and responsibilities required for the successful completion of the Contract by the Seller, including the furnishing of all supervision, labor, equipment, materials, supplies, 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 Vending Machine Services. RFP: Request for Proposal Days: Calendar Days BIDDER’S CONFERENCE: *****There will be a Mandatory Bidder’s conference for this bid. ***** RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 4 PART B GENERAL REQUIREMENTS 1.1 Contract Period The initial agreement period shall commence approximately Monday, January 19, 2009 through January 18, 2012 (a thirty-six (36) month term). Contract award is subject to appropriate upper-level University review and approval. 1.2 Contract Extension The University, at its sole option, reserves the right to extend any resultant contract for an additional twenty-four (24) months in 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. The University will notify the contractor 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 services to the University 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 Campus Life Services-Retail, 500 Parnassus Avenue, San Francisco, CA 94143-0234. 2.1 Usage Vending machine locations by type of machines are listed on Exhibit 1. Total sales from all vending machines in 2007 were approximately $200,000. 2.2 Contract Usage The University does not guarantee any minimum number of machines or sales volumes. Contractor shall supply machines and service as required. The University may add or delete machine locations and the types of machines at each location based upon space and usage requirements. The University anticipates adding new equipment for newly constructed building at its Mission Bay and/or Parnassus Campuses. Contractor shall 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 vending requirements. We anticipate new machines will be needed at the end of 2009 and continuing throughout the life of the contract. 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 the Campus Procurement and Business Contracts office and the CLS-Retail office will constitute breach of the 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. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 5 3. Pricing and Commissions 3.1 Commission Structure The commission structure rate will be substantiated in the contract as basis for award. 3.2. Price Adjustments If price changes on food products and beverages occur, they must be substantial changes in cost of raw Materials or Products only. The University must approve any price adjustment prior to its effective date. 3.2 All requests for price adjustments shall be submitted to: Campus Life Services- Retail 500 Parnassus Avenue Box 0234 San Francisco CA 94143-0234 All requests for 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 the University agrees to price adjustment, or has a counter offer to make to the Contractor, resultant price adjustment shall become effective thirty (30) days after acceptance by the University and the Contractor and substantiated in addendum to the original 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. 3.3 Prices as stated herein are maximum throughout first year of contract term. 3.4 All Pricing shall be F.O.B. Destination to various locations at University of California, San Francisco 4. Monthly Commission Payments 4.1 Commission Terms The Contractor shall pay commissions within twenty-one (21) days following the end of each reporting Period (calendar month unless otherwise stated). For example, a sales report for the month of October (on November 1st), a total commission must be paid to UCSF by November 21st. 4.2 Commission Payments Contractor shall issue a check payable to „Regents of the University of California‟, care of: Campus Life Services- Retail 500 Parnassus Avenue Box 0234 San Francisco CA 94143-0234 Commission check shall be accompanied by a statement showing sales and commissions for each food/beverage category for each machine for each location associated with that account. 4.3 Commission Payments should be accompanied by gross sales information/report per machine per location 4.4 The University reserves the right to audit the Contractor‟s books and collected vending revenues at any time in order to verify sales volumes. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 6 5. Specifications 5.1 Scope of Work Contractor will install and manage vending machines at various UCSF campus locations and facilities. It shall be the Contractor‟s responsibility to operate a vending machine business at optimum professional and food safety standards and to provide high quality products at all times. Contractor shall ensure that machines are in good operating condition at all times, which includes maintenance, servicing, temperature monitoring and the replenishment of items dispensed by the machines. Contractor will install the follow types of vending machines: o Cold Drink o Coffee (espresso) o Snack (non-perishable) o Cold Food (perishable) *minimally required at Medical Center/Hospital locations with 24 hour vending areas Contractor will provide machine implementation schedule to be operational on 1/19/09 at all 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. Contractor should be able to provide office coffee/tea set up as requested. Contractor may propose new, innovative vending ideas to CLS for placement at UCSF locations. Contractors‟ equipment must be energy efficient machinery –“Energy Star” 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 blow outs of utilities. Contractor shall 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. NEW equipment shall be defined as equipment of less than three (3) years old. Eighty (80) percent or higher of the machines shall be capable of handling $ 1.00 bills (validator/ bill accepter) Contractor may change (with prior approval from the University) 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. Manual type machines shall be accepted only at locations where UCSF does not provide electrical outlets. The Contractor warrants and represents that the equipment, when delivered, shall meet or exceed all applicable standards and requirements of the California Occupational Safety & Health Act and California Retail Food Code. All non-manual equipment to be supplied with a three-wire grounded power cord and wired with a U.L. approved “Hospital Grade” plugs. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 7 At Medical Center locations, Contractor shall coordinate with Medical Center Facilities Management department to insure compliance with all requirements from the State of California Office of Statewide Health Planning and Development (OSHPD) are met. Machine malfunctions: Contractor shall 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 UCSF Campus Life Services-Retail. Contractor shall maintain a log of all UC inquires, including requests for addition or removal of machines, service problems and requests for refunds. Requests for service are to be responded to within 24 hours after receipt of request by phone and followed up in a written request. Contractor shall supply an Equipment Installation Plan and a Service and Repair Plan as specified below. Upon Contract award, negotiated percentage of installed machines must have credit card acceptor and/or a cashless solution capability as method of payment. Machines shall be subject to annual audit by Campus Life Services-Retail, and any necessary corrective actions must be corrected within the requested time frame. Contractor will participate in vending promotions including but not limited to, raffles (Salty Sweep) and offering healthy vending options (Your Choice). 5.2 Customer Cash Refunds With cooperation from the University, Contractor shall be responsible for handling customer cash refunds. A label on each machine, or a sign prominently displayed at each machine location, containing clear and concise instructions as to the procedure for obtaining cash refunds shall be provided by Contractor. In addition, the Contractor shall reimburse the University for cash refunds the University has paid to customers, due to empty, jammed or otherwise inoperable machines. Upon request, Contractor will set-up on-site refund banks, these locations include, but are not limited to Moffitt/Long Hospital, Laurel Heights, Mission Center Building, Genentech Hall, Mission Bay Housing, Rock Hall, QB3, William J Rutter Community Center, and Mount Zion Hospital. 5.3 Personnel Contractor shall provide the necessary trained personnel, satisfactory to the University, to adequately stock, service, and repair all machines on a daily basis or as needed. 5.4 Product Specifications THE CONTRACTOR WILL PROVIDE HIGH QUALITY, FRESH MERCHANDISE. ALL FOOD PRODUCTS WILL BE REMOVED FROM VENDING MACHINES ON THE DATE THAT THEIR FRESHNESS DATING EXPIRES. ALL SANDWICHES AND SALADS WILL BE CONSIDERED PAST-DATED AFTER THREE DAYS (72 HOURS). ALL OTHER PRODUCTS WILL BE CONSIDERED PAST-DATED ACCORDING TO THE MANUFACTURERS' FRESHNESS DATE STAMPED ON THE PACKAGE. ALL WASTE DISPOSAL AND HANDLING SHALL BE MANAGED BY THE VENDOR AND REMOVED FROM UCSF PROPERTY AND DISPOSED OF AT VENDOR SPECIFIED SITES OTHER THAN UCSF. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 8 Green Initiatives: Contractor to include any green or sustainability initiatives they have. There is a UC system-wide directive from Office of the President to achieve the following waste product diversion goals: By 2008- 50% (currently at 44%) By 2010- 75% By 2022- 0% Styrofoam and plastics with BPA (Bisphenol-A) additives are to be avoided for food and beverage containers. It is the contractor’s responsibility to review any potential hazards from contaminants migrating from packaging into food. Proposers may be required to provide product samples at shared expense 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. CLS (or their representatives) shall determine whether contractor's food is of satisfactory quality and whether sufficient variety is being offered. CLS reserves the right to request specific products to be dispensed in vending machines on its premises and shall have the final right of approval on all types of products. CLS intends to take an active role in the selection of products to be vended on its premises. An employee group 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 on UCSF premises. 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 shall submit their sanitation plan and schedule for cleaning all machines for which they are responsible 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 UCSF campus sites. Merchandise, food products, and beverages shall consist predominantly of popular, national, well-accepted brands. Pepsi-Cola and Coca-Cola brand beverages are to be used in soda machines. University shall have the option of which brand to use. Product replenishment shall be on a six day per week basis, unless otherwise agreed upon by the University, 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 and 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 CLS and updated as required. The Contractor shall maintain records of all calls for replenishment of machines and review periodically with the authorized UCSF representative to ensure the needs of the customers are being met. No minimum order requirements. Contractor shall 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 shall submit their food safety and recall program plan. 5.5 Sample Submissions RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 9 At any time during the contract period the University may request a sample of any product to be provided against this contract. Contractor is required to deliver requested samples within three (3) working days of such request. The University will determine, within ten (10) working days of receipt of sample (s), if products samples, meet the University‟s requirements. 5.6 Equipment Submission Contractor must submit manufacturer cut sheets for the vending machines and digital photos of machine types that you propose to use. Vending machines must be secured to the walls where appropriate, according to earthquake safety codes. Contractor shall provide scuff protectors on bottoms of all installed vending machines. 5.7 Sanitation & Pest Control The Contractor shall comply with University regulations, the Joint Commission regulations, as well as all federal, state, and local health regulations relating to personnel, maintenance, and services associated with operating a vending food 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 City, County and California State Health Department, shall constitute a breach of contract on the part of the Contractor. City of San Francisco requires that the prevailing SF minimum wage be paid to all workers. Contractor agrees to provide and maintain policies and procedures in compliance with the Joint Commission covering infection and pest control for vending food services. Policies and procedures shall include schedules, methods used, equipment used, personnel qualifications, and copies of labels from products used to sanitize, clean, or control pests. The Contractor shall 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 UCSF‟s CLS & Environmental & Health Safety representatives. Machine temperature monitoring records along with product temperature maintenance records must be shared with UCSF. 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. Contractor shall 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 shall 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 shall 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 RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 10 and façade, and or complimentary color and design. Each machine shall be located such that the space around the machine can be readily cleaned and that insect and rodent harborage is not created. Contractor shall furnish written work orders to appropriate Contractor Administrator for each service call associated with cleaning, sanitizing, and pest control. University Contract Administrators will conduct periodic inspection of vending 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 24 hours upon request. 5.8 Parking No free parking facilities on the campus will be provided for Contractor‟s personnel. Arrangements for loading and unloading material can be made by contacting the University Parking Office at (415) 476-2566 5.8 Loss of Equipment The University will not be responsible for the loss of equipment or materials left on University premises or in University departments located off-campus by a contractor during the performance of work covered by any contract. 6. General Conditions The terms and conditions of Appendix A will apply to any resulting contract. Any different or additional terms contained in Contractor‟s purchase order acknowledgement or other document, are unacceptable to the University and are hereby rejected. 6.1 Product Liability Indemnity Provision Contractor shall fully indemnify, defend, and hold harmless University from and against any and all claim, action, and liability, for injury, death and property damage, arising out of the dispensing or use of any of the Contractor‟s product provided under authorized University orders. In addition to the liability imposed by law on the Contractor for damage or injury (including death) to persons or property by reason of the negligence, willful acts or omissions , or strict liability of the Contractor or his agents, which liability is not impaired or otherwise affected hereby, the Contractor hereby assumes liability for and agrees to save University harmless and indemnify it from every expense, liability or payment by reason of any damage or injury (including death) to persons or property suffered or claimed to have been suffered through any act or omission of the Contractor. The University agrees to provide Contractor with prompt notice of any such claims and to permit Contractor to defend any claim or suit, and that it will cooperate fully in such defense. All subcontractors are subject to all of the same requirements as the primary Contractor per Appendix A subcontracting requirements. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 11 6.2 Record Keeping and Auditing The contract shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this order. 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. 6.3 Management Reports Contractor shall furnish a monthly (or similar accounting period) report to UCSF‟s CLS-Retail & Campus Procurement and Business Contract Office containing the following information: Department delivery building(s) and room number(s) Brief Product Description Gross dollar sales & commission by product type & Machine Type Dollars by machine Cumulative total of dollars for Campus by gross sales and commission for contract year 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 close of each period. 6.4 Relation of Parties Contractor is an independent contractor, and no agency or employment relationship shall be created by any contract with the University. 6.5 Insurance Contractor shall provide University with certification, by a properly qualified representative of the insurer, that Contractor‟s insurance complies with this section. In addition, such certification shall describe each of the coverages depicted on the attached Appendix S4 as either on an “occurrence” form or a “claims made” form. All insurance policies required shall be issued by companies who hold a current Policyholder‟s Alphabetic and Financial Size Category Rating of not less than AXIII according to Best‟s Insurance Reports. Contractor‟s obligation to maintain the insurance required herein and to provide evidence of same shall survive for a period of no less than five (5) years beyond the Termination, RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 12 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 fork the period stated above. The Certificate must be in the possession of the Campus Procurement and Business Contracts Office at the time of contract signing and prior to installation or service. Mail to: University of California, San Francisco Campus Procurement and Business Contracts 1855 Folsom Street, Suite 304 San Francisco CA 94143-0910 Attn: Dianne Holmes Contractor hereby agrees that no payment shall be made by the University until University is in receipt of Contractor‟s Insurance Certificate. All insurance coverages and carriers are subject to the approval of the University. A copy of the Contractor‟s Insurance Certificate will also be kept on file with Campus Life Services-Retail, 500 Parnassus Avenue SF CA 94143-0234 6.6 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 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. PART C INSTRUCTIONS TO RESPONDENTS 1. Responsive Proposals shall meet or exceed all conditions specified herein 2. Required Information and Data shall be furnished as requested Signed University Request for Proposal Form and proposal as outlined in PART E, shall be returned to the University of California, San Francisco, Campus Procurement and Business Contracts Department, no later than 4:00 PM on the date 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. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 13 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 (October 3, 2008). The bidder certifies that: 1) the prices, commissions, and terms specified in this Request for Proposal represent the most favorable that will be offered any University of California location; 2) the offerer agrees, if not awarded a contract as a result of the Proposal submitted, not to solicit business from any University of California, San Francisco department for the products and services listed on this Request For Proposal at lower prices or better terms than specified in the quotation; and 3) the offerer 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. All documents associated with this RFP will be posted to the UCSF Campus Procurement and Business Contracts website (http://cpbc.ucsf.edu) 5. Questions relating to the interpretation of the bidding documents may be directed to: University of California, San Francisco Campus Procurement and Business Contracts 1855 Folsom Street, Suite 304 San Francisco CA 94143-0910 Attn: Dianne Holmes Tel: (415) 502-3025 Fax: (415) 502-3031 Email: email@example.com PART D EVALUATION FACTORS & BASIS OF AWARD 1. Bid Evaluation The contract will be awarded to the bidder with the highest cost per quality point based upon the following: Commission Percent Paid to UCSF Varied Product Offerings and Nutritional & Sensory Attributes Quality Standards in Systems Types of Vending Machines PROMOTIONS References 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 Checks RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 14 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 four (4) 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 shall be the sole judge in this evaluation. Contractor must give reference contacts permission to speak with a representative of UCSF 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, ability to generate detailed commission reports by machine and location, and prompt refund of customers‟ money when machine malfunctions. 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 the University. The University reserves the right to re-solicit information or proposals. The University reserves the right to negotiate minor exceptions, irregularities, or errors taken by bidder in this RFP. These errors may be corrected by the bidder involved, provided that, in the judgment of the Purchasing Manager or designee, such action will not negate fair competition and will permit proper comparative evaluations of bids submitted. If the solicitation does not result in the University of California obtaining reasonable prices and/ or commissions in the opinion of the Purchasing Manager, when considering all the price and cost factors associated with the installation and supply of Vending 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. PART E SUBMITTAL REQUEST Please submit proposal for Vending Machines Services to: Dianne Holmes, Senior Buyer University of California San Francisco Campus Procurement and Business Contracts 1855 Folsom Street, Suite 304 San Francisco CA 94143-0910 Email: firstname.lastname@example.org 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 comparable vending contracts. 2. Financial Information a. Provide evidence of financial resources with a minimum of two (2) financial references (copy Exhibit 8), and previous two (2) years of audited financial statements. b. Provide a start up plan-installation of vending machines and replenishment schedules. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 15 3. Marketing and Customer Service Plan (2 pages Max) a. Provide a marketing plan for promoting vending. Outline example of vending promotions required by this contract. b. Describe your philosophy as it related to customer service in your profession and provide methods for managing customer service. c. How will business opportunities for local, small, socially and economically disadvantaged, and women owned businesses be provided for vending operations? 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 VENDING MACHINES AND DIGITAL PHOTOS OF MACHINE TYPES THAT ARE AVAILABLE VENDING MACHINE CATEGORIES: Cold Items Cold Beverages Coffee Snacks & Candy Others REFERENCES (as requested in PART D #2) See Reference forms in Exhibit 8. Sellers who have not furnished similar goods or services to the University during the last three (3) years shall furnish a minimum of four (4) 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.) 4. "CONFIDENTIAL INFORMATION" All information submitted as a part of this Request for Proposal must be open to public inspection (except information items marked as trade secrets and considered a trade secret under the California Public Records Act) after the award has been made. Should a request be made of UCSF for information that has been designated confidential by the bidder and on the basis of that designation, UCSF denies 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. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 16 5. Respondent Certification The respondent certifies that: 1) the prices and terms specified in this Request for Proposal represent the most favorable that will be offered any University of California 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 Quotation 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 Request for Proposal (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. 6. 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. 7. Bid Results Bid openings are not public. Any award summary will be made available to bidders, upon their written request, after the award of the contract has been made. 8. 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 buyer, Materiel Manager, or other University contracting officer involved in the transaction. 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 Chancellor-Administration at Laurel Heights Campus. A protest or notice of other controversy must be filed promptly to CLS or CPBC and in any event 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 Chancellor--Administration shall 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 shall not proceed further with the solicitation or award involved until the protest is resolved or withdrawn unless the Vice Chancellor--Administration 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. RFP-VENDINGMACHINESERVICES-DH-08 Aug. 28, 2008 17 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 patient care. 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.