2026 Pouring and Vending RFP Final 20260423 Addendum 1.doc

STATE OF SOUTH DAKOTAPRIVATE

South Dakota State University Purchasing Office

1451 Stadium Road – Box 2201

Morrill Hall Room 304

Brookings, SD 57007

Pouring Rights and Vending Services for South Dakota State University PROPOSALS ARE DUE NO LATER THAN 2:00PM CDT on 5/29/2026

RFP #: SDSU04242026

Addendum 1

READ CAREFULLY

PRIMARY CONTACT INFORMATION

1.0 GENERAL INFORMATION

1.1 BACKGROUND INFORMATION

South Dakota State University is the state’s largest, most comprehensive higher-education institution. As South Dakota’s Morrill Act land-grant university, SDSU had a fall 2025 enrollment of 12,139, with students coming from 48 states and 78 countries. Students can choose from 90 undergraduate majors, 35 specializations, 107 minors, 39 master’s degree programs, 17 Ph.D. programs and two professional doctorates. The university also offers courses at various off-campus sites as well as undergraduate and graduate programs online through the Office of Continuing and Distance Education.

SDSU’s on-campus student housing includes 24 housing units with approximately 4,717 students living on campus. Several of the housing facilities are used during the summer months for summer camp housing. The main campus contains approximately 163 buildings on about 400 acres. SDSU employs around 2,002 people.

SDSU is an NCAA Division I school and is a member of the Summit League, the Missouri Valley Football Conference and Big XII Conference as an affiliate member for wrestling. There are 19 Division I intercollegiate athletic teams. SDSU’s athletic programs have enjoyed tremendous success in recent years, including two FCS football playoffs championships, several conference titles and a women’s basketball WNIT championship. The University’s athletic facilities are state-of-the-art with seating capacities of:

· Dana J. Dykhouse Stadium – 19,340

· First Bank and Trust Arena – 5,100 More information about SDSU may be found here.

During the RFP process, from publication to final award, vendors are not permitted to contact any SDSU staff or faculty regarding this RFP, aside from the person(s) of contact listed on page 3, unless at the request of the SDSU designated contact, or to fulfill pre-existing contractual obligations. Violation of these conditions may constitute immediate disqualification.

Any reference to South Dakota State University, SDSU, University, State, Agency, or State of South Dakota used in this RFP shall all mean the same.

1.2 PURPOSE OF REQEUST FOR PROPOSAL (RFP)

The purpose of this RFP is to award a contract(s) to a vendor(s) to provide beverage and snack vending machines in most facilities on campus, fountain dispensers for all food service areas (including concession stands in athletic facilities) and beverage stock at all convenience store locations on campus. SDSU contracts its food service operations to Sodexo. Sodexo uses contracts established by SDSU to stock beverage products at convenience stores located on campus.

Food service operations are located in the University Student Union, the newly renovated Larson Commons, Starbucks, The Dairy Bar, and convenience stores located in Larson Commons, Hansen Hall and the Market in the Student Union. Concession stands are located in the Dana J. Dykhouse Stadium, Sanford Jackrabbit Athletic Complex, and First Bank and Trust Arena.

There are approximately 113 vending machines (soda, juice, water, or snacks) located in 46 buildings on campus.

1.3 INTENT

The vending and pouring rights contract is a significant revenue stream for SDSU which supports student scholarships. The intent of this RFP is to award a contract which increases the annual revenue stream to SDSU. The current contractor pays both a commission on sales and an annual corporate sponsorship in exchange for shared vending and pouring rights on campus, exclusive vending and pouring rights in athletic venues, as well as certain advertising rights and other benefits.

Jackrabbit Sports Properties, LLC is a limited liability company owned by Learfield Communications Inc and has entered into a Multi-Media Rights Agreement associated with the SDSU athletic programs. The Successful Vendor(s) will be required to participate in a sponsorship marketing package.

Vendors are encouraged to be creative in their proposal for financial contributions to SDSU. In addition to financial contributions, proposals may include items such as cooperative marketing and advertising, annual credits for products consumed by SDSU athletic teams and/or coolers, cups, ice chests, squeeze bottles, bottle carriers, sideline carts, towels, etc. for athletic teams.

SDSU retains the right to negotiate all proposals and make single or multiple awards in the best interest of the University.

1.4 ISSUING OFFICE AND RFP REFERENCE NUMBER

The SDSU Purchasing Office is the issuing office for this document and all subsequent addenda relating to it, on behalf of South Dakota State University, Office of Business Services. The reference number for the transaction is RFP #SDSU04242026. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.5 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

1.6 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the SDSU Purchasing Office via email to Karen Bravek, SDSU Purchasing Manager at Karen.Bravek@sdstate.edu by the date and time indicated in the Schedule of Activities. Proposals received after the deadline will be late and ineligible for consideration. The proposal submission email MUST have a subject line that includes the appropriate RFP Number and Open Date.

Example:

REQUEST FOR PROPOSAL #SDSU04242026 Opening 5/29/2026

This information is the ONLY information that should appear in the Subject Line of your email. Any other information could cause your bid to be rejected.

All proposals must be signed by an officer of the responder, legally authorized to bind the responder to the proposal. Proposals that are not properly signed may be rejected.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to SDSU/State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by SDSU or the State of South Dakota.

1.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.8 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.9 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.11 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.12 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Karen Bravek at Karen.Bravek@sdstate.edu with the subject line “RFP #SDSU04242026 QUESTIONS”.

The State will respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.13 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.14 LENGTH OF CONTRACT

The term of the contract shall be a variable term of five (5) or ten (10) years, with an option to renew, for a total term not to exceed 15 years.

1.15 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota shall govern this transaction.

1.16 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The services to be provided under the contract shall commence and terminate on mutually agreed upon dates. Terms for early termination shall be included in the agreement as negotiated by the parties.

2.3 The Contractor will not use State equipment, supplies or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number or Social Security Number upon execution of this Agreement.

2.4 Unless otherwise negotiated and agreed upon by the parties, SDSU/The State will make payment in compliance with the Prompt Payment Act, SDCL 5-26 for services provided under the contract.

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees.

2.6 The Contractor, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

The Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor shall furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon one hundred eighty (180) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is effected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement shall be in writing and sent to the address and individuals indicated in the Agreement, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

3.0 SCOPE OF WORK

3.1 The following specifications and scope of work are provided to clarify the requirements of the RFP but may not be exhaustive. The University desires to contract a primary supplier(s) for the following packages:

A. Package A-Pouring Rights:

The successful Vendor(s) will be responsible for supplying all non-excluded Pouring Operations locations with beverages as listed in the RFP, to include Campus and Department of Intercollegiate Athletics venues.

B. Package B- Vending Rights:

The successful Vendor(s) will be responsible for supplying all Vending Operations locations as listed in the RFP and any future locations. The Contractor shall, at its expense, furnish, install, operate, and maintain automatic vending equipment for the dispensing of beverage and/or food products in buildings, all located on the Brookings campus. The number of locations and machines will be increased as mutually agreed upon by the contractor and the University as new campus buildings with multiple machine locations are added. Additionally, the number of machines required may vary depending on service level. The Contractor represents that it has, or will, secure at its own expense all personnel required in performing the services required in this Contract.

C. Package C- Isotonic Beverage Rights:

The University will consider Proposals to grant a separate license as the exclusive provider of isotonic beverages and equipment for SDSU Athletics teams. The license will be for the use of certain University Marks by the isotonic beverage sponsors. In addition, the license will be for the products use and placement by all SDSU Athletic teams, including cups, coolers, ice chests, squeeze bottles, sideline carts, towels, sports performance products and other equipment to store, distribute, and use the product in Athletic Venues and permissible competitions. Necessary equipment shall be determined by SDSU Athletics and the vendor and provided by the Supplier annually. Note: The Pouring Rights Vendor’s products will not be considered competitive for the purposes of retail and concessions sales.

D. Package D - Athletics Sponsorship Rights:

The University will accept offers on an exclusive athletic sponsorship package. The successful bidder will have the right to establish a marketing agreement with Jackrabbit Sports Properties, LLC, a subsidiary of Learfield. Such marketing agreements may include permanent branding, presenting game sponsorships, digital courtside signage, social media campaigns, in-game promotions, and website presence. The final terms and value of the marketing agreement shall be subject to negotiations between the vendor and SDSU and Jackrabbit Sports Properties on an annual basis but should not be of a value less than the dollar figure submitted in response to this RFP per year during the term of the awarded contract.

3.2 The Supplier(s) will be the provider of the beverage mix listed below. The proposal may include additional beverage mix options.

· Carbonated beverages, nonalcoholic: bottled, canned, and/or post-mix

· Drinks, fruit: bottled, canned, and/or post-mix

· Mineral water, carbonated: bottled, canned, and/or post-mix

· Water, pasteurized: bottled, canned, and/or post-mix

· Tea, iced: bottled, canned, and/or post-mix

· Sports drinks: bottled, canned, and/or post-mix

· Energy drinks: bottled, canned, and/or post-mix

· Isotonic: Bottled, canned, and/or post-mix

· SDSU Custom Branded bottled water

3.3 The Supplier(s) will also provide:

· All CO2 at no charge.

· Supply, service, and maintain new state-of-the-art beverage dispensing machines and refrigerated merchandisers with a detailed replacement plan for the life of the contract.

· Provide up to 100 percent of Student Center shelf space dedicated to bottled beverages, up to 100 percent of the pouring rights of fountain beverages and up to 100 percent of vending shelving space of listed beverage categories.

· Shall contribute two (2) pallets of bottled water to be utilized by SDSU for each fall opening weekend Meet State Event.

These pouring rights will include all services in the food service operations located in the University Student Union, the newly renovated Larson Commons, Starbucks, The Dairy Bar, and convenience stores located in Larson Commons, Hansen Hall and the Market in the Student Union. Concession stands are located in the Dana J Dkyhouse Stadium, Sanford Jackrabbit Athletic Complex, and First Bank and Trust Arena.

3.4 Exclusions:

A. The University currently has or may enter into agreements that allow external vendors to provide food services and convenience items. These current and future leases are excluded from this pouring rights agreement.

B. Energy Drinks may also be excluded from this award based on the submitted bid package. They may be provided by the Supplier(s) but based on awarded bid may not considered exclusive.

C. Hot-food vending machines.

D. Beverage mix excludes:

· Frozen juice concentrate sold in retail and used in catering

· Hot or brewed tea and chocolate

· Starbucks in-store drinks

· Chick-fil-A in-store beverages

· Milk and flavored milk drinks

· Non-dairy milk

· Alcoholic beverages and non-alcoholic beverages marketed under an alcoholic trademark

· Specific products used in a recipe for food service

· Boba tea, unless there is a product provided by the Contractor

· The University reserves the right to exclude any beverage that includes a warning label regarding potential harmful effects of consumption and/or is not recommended for use by individuals under a specific age.

3.5 The Contractor(s) shall identify other financial and non-financial benefits that could accrue to SDSU relative to the service areas included within the Scope of Work. This could include, but is not limited to, any proposed support services, paper products, or marketing and advertising.

3.6 Additional Terms, Conditions, and Requirements

A. Payment for pouring rights, isotonic, Athletic Sponsorship Rights will be made on an annual basis. Vending payments will be made on a quarterly basis. Assuming a start date of July 1, 2026, the first annual payment will be made starting on July 1, 2026. Each annual payment will be due July 1, with each quarterly payment being due on July 1, October 1, January 1, and March 1 of each contract year. If payments are not received by SDSU on the due date prescribed above, the unpaid payments shall accrue interest at the lesser of eighteen percent (18%) per year or the highest contractual interest rate allowed by the State of South Dakota. All such amounts shall be calculated on a daily basis and shall be due and owing in the same manner and at the same time as the payments.

B. License. Subject to the terms and conditions herein, SDSU grants to the successful vendor a license right to use and occupy the premises for the purpose herein provided. The successful vendor accepts the premises “as is” based upon its own inspection and without any reliance or warranty of SDSU.

C. Use. The successful vendor shall occupy and use the Premises only for the purpose of operating a vending service in accordance with the terms and conditions of the Agreement and for no other purpose. The successful vendor shall not use or allow the Premises to be used for any unlawful purpose. The successful vendor shall not commit or allow to be committed any waste or nuisance on the Premises. The successful vendor shall not overload the floors or structure of the building in which the Premises is located or subject the Premises to any use that would damage the Premises or raise or violate any insurance coverage maintained by SDSU. The successful vendor shall have access to and use of the facilities. The successful vendor shall exercise prudent control over the facilities to minimize wear and tear on building and fixtures. Repairs necessitated from misuse by the successful vendor shall be at their expense.

D. Alterations. No alteration shall be made to SDSU's owned, leased, or controlled buildings or fixtures, or to utility services without the prior written consent of SDSU AVP of Facilities and Services, who reserves the right to approve or disapprove all alterations. Any and all such approved alterations shall be constructed with diligence, in a safe and good and workmanlike manner, and in compliance with all applicable University guidelines, governmental statutes, laws, ordinances and regulations. Machines shall not be secured to the premises without the express written approval of SDSU AVP of Facilities and Services.

E. Maintenance and Repairs. All maintenance to the premises which are owned, leased or controlled by SDSU shall be provided by SDSU unless contracted by SDSU to an outside firm. All maintenance to equipment which is the property of the successful vendor shall be provided by the successful vendor.

F. Condition of Premise Upon Termination. Upon the termination of the Agreement, the successful vendor shall surrender the premises in as good condition as premises was at the commencement of the Agreement, reasonable wear and tear and acts of God excepted.

G. General. The successful vendor agrees to operate on the Premises a vending service in accordance with the requirements, terms, conditions, information and descriptions contained in the Agreement, including the successful vendor's Proposal. The successful vendor shall always conduct its business in a professional and reputable manner while on the Premises. During the term of this Agreement, the successful vendor shall take all actions as may be reasonably requested by SDSU to carry out the purpose and intent of the Agreement.

H. Service to be Rendered. The successful vendor will provide machines to vend products as agreed in the Agreement. These machines may be capable of operating with either coins or dollar bills. All machines will include card swipes capable of accepting SDSU’s MyJacks Card as well as debit and credit cards. Mobile credential compatibility is preferred. The card readers shall be PCI compliant. The machines will be unattended and self-contained. The machines will have a notice posted on them that provides the locations and methods for customers to use for obtaining a refund, as well as the name and telephone number to call for service and the machine identification number and location. This notice shall be posted in a prominent location in a size and manner consistent with ADA requirements. The successful vendor will provide the machines, install them, operate them, maintain them, and remove them at no cost to SDSU except for the electricity and/or water used by the machines. The prices to be charged are as agreed in the Agreement.

I. Expenses. The successful vendor understands and agrees that they are responsible for paying the cost of all merchandise, services and other expenses in connection with the operation of its business.

J. Compliance with Laws. The successful vendor, at its expense, shall at all times during the term of the Agreement, and with respect to all phases of operating its business, comply with all applicable governmental ordinances, laws, rules and regulations now or hereafter in effect at any time during the Agreement, including, without limitation, all applicable rules, regulations and policies of SDSU. Copies of any inspection reports, notices, etc. relating to its operation on the premises, from any state, federal, city or other agency shall be forwarded to the SDSU representative within one day of receipt.

K. Product. The successful vendor agrees to supply the specified brands and unit sizes of products intended for human consumption per the Brand Names and Unit Sizes enclosed with their response to the Request for Proposal. These products will pass all tests that may be required by any health, safety, or regulatory agency.

L. Machines. The successful vendor shall be responsible for the installation and removal of all equipment used in providing the vending service as well as the purchase of all needed communications and card swipe equipment. All machines must be Energy Star certified. Within thirty days after the start of the Agreement, the (Successful Vendor) shall submit a list of all machines by location to the SDSU Representative. This list will include the brand name, model number, serial number, date of manufacture, manufacturer's name and address, and manufacturer's telephone number. All machines shall be designed, constructed, and installed in accordance with standards of the National Sanitation Foundation, the National Automatic Merchandising Association, the Occupational Safety and Health Administration, and the Americans with Disabilities Act. All installations shall be attractive and complement the architecture, landscape, and public image of SDSU. SDSU reserves the right to require the removal from the premises of machines that SDSU deems, in its sole judgment, not to meet this standard.

M. Damage to Machines. The machines will be the sole property of the successful vendor who will hold SDSU harmless for any and all damage to these machines.

N. Machine Maintenance and Service. The successful vendor will be required to service all equipment 365 days a year unless otherwise agreed to by SDSU Representative. The successful vendor will service every machine on the premises at least once during each reporting period. The successful vendor will maintain a maximum response time to all equipment of 24 hours. This means that within 24 hours of a fault being reported, the machine will be visited and either the fault corrected and/or the machine restocked. The (Successful Vendor) will be responsible for maintaining all equipment in a clean and sanitary condition. SDSU will provide normal custodial service which consists of the cleaning of walks, hallways, etc. All other custodial services, specifically including cleaning under the machines, will be provided by the successful vendor. The successful vendor will replace any vending machine which is out of service for longer than seventy-two (72) hours. Servicing hours must be compatible with SDSU operating hours. Scheduling must be approved by SDSU Representative.

O. Machine Relocation. SDSU may require the routine relocation or removal of a machine for the purpose of performing maintenance, modifying facilities, changing use of a facility, avoiding electrical problems, and many other purposes. The successful vendor agrees that it will relocate or remove a machine within seven (7) workdays after receipt of a routine relocation or removal request from SDSU. SDSU may require the emergency relocation or removal of a machine because it is a hazard to health and safety, or for other reasons. The successful vendor agrees that it will relocate or remove a machine within two (2) workdays after receipt of an emergency relocation or removal request from SDSU.

P. Employee Identification. The service employees of the successful vendor must wear identifying uniforms, or some easily visible item that identifies them as employees of the successful vendor.

Q. Records. The successful vendor shall retain for inspection and audit by SDSU, the South Dakota Board of Regents, and/or the Auditor General of the State of South Dakota, or their agents, all books, accounts, reports, files and records relating to the Agreement for a period of at least five (5) years after expiration or termination of the Agreement; provided, however, that records relating to disputes, litigation or the settlement of claims arising out of the performance of this Agreement, shall be retained by the successful vendor and be subject to inspection and audit by SDSU, the South Dakota Board of Regents, and/or the Auditor General of the State of South Dakota, or their agents, until such litigation or claim is fully resolved. The successful vendor shall provide all such records at any office of SDSU as SDSU may designate. Further, SDSU has the right, at the successful vendor’s expense, to request that the commission statements for the current and any previous Agreement year be examined in accordance with generally accepted auditing standards by an independent certified public accountant. The scope of this examination should be such that an auditor's opinion would be issued. SDSU may exercise this right no more than once per Agreement year.

R. Internal Controls. SDSU shall have the right to review the successful vendor’s internal controls and accounting procedures relative to their operation at SDSU. Significant weaknesses shall be rectified as soon as possible, but not later than thirty (30) days after written notice specifically describing such condition is received by the successful vendor from SDSU. Within thirty days after the Commencement Date, the successful vendor will furnish SDSU with a statement of how they maintain accountability of revenues.

S. Price Changes. Any change in the price of the merchandise vended from the prices set out in this specification, or any change in the quality or unit sizes of the products provided, must have the prior written approval of SDSU Representative. Price changes will normally only be considered at the end of one Agreement Year and the beginning of another. Price change requests should be supported by evidence of increased costs to the successful vendor. SDSU will not approve price increases that will merely increase the gross profitability of the successful vendor at the expense of our students, faculty, and staff.

T. Taxes. The successful vendor shall pay all transaction privilege, sales, and use taxes together with any possessory interest or other taxes levied in connection with the (Successful Vendor)'s use of the facilities. The successful vendor shall acquire, at their expense, all licenses or permits required by local, state and federal agencies and shall comply with all state and county laws and regulations. This includes any parking permits.

U. The successful vendor agrees to comply with and to require all of its subcontractors to comply with all the provisions of applicable state transaction privilege, sales excise tax, and compensation use tax law and all amendments to same. The successful vendor further agrees to indemnify and save harmless SDSU, of and from any and all claims and demands made against it by virtue of the failure of the successful vendor or any subcontractor to comply with the provisions of any or all said laws in amendments.

V. Subrogation. All policies of insurance will provide that the insurance company or companies will not have right of subrogation against SDSU, its agents or employees. The successful vendor assumes all risks in connection with the adequacy of any insurance and waives any claim against SDSU for liability, cost or expense arising out of any uninsured claim, in part or in full, of any nature whatsoever.

W. Assignment. The successful vendor shall have the responsibility to fulfill all requirements of the contract. The Agreement shall not be assigned. The successful vendor shall not subcontract the performance of any part of the Agreement without the prior written approval of SDSU.

X. Deliveries. All deliveries to various vending locations must be by way of the regular campus streets and service roads. No motor vehicles may be driven on the malls or walkways without prior approval of SDSU.

Y. MyJacks Card Transactions. When purchases are made using the MyJacks Card in a machine operated by the Contractor, Funds will be settled nightly and sent through ACH to the contractor’s bank account. The contractor will send the University reports monthly on total sales and locations. In the event of unresolved differences between the Contractor and the University regarding the amount of reimbursement due, following each party's good faith efforts to resolve such differences, the detail transaction records on the University’s transaction system will prevail.

Z. Storage Space. Storage space on SDSU campus is not available. The successful vendor shall provide all storage space required off campus.

AA. Inspections. SDSU Representative shall have the right to inspect any machine with a successful vendor representative at any reasonable time.

AB. Utilities. SDSU will provide existing 110-volt electric service at the site of the installation of the vending machines, at SDSU's expense. The cost of the electricity used in conjunction with the operation of the vending machines will be borne by SDSU. No change or alteration of electric service will be made by the contractor without the prior written authorization of SDSU Representative. If an installation of a machine causes disruption of the electrical service at the premises, the successful vendor will immediately discontinue use of the machine and either install a dedicated electrical circuit at successful vendor’s expense, or request approval from SDSU Representative to relocate the machine. For any machines that require water, the successful vendor must use existing University provided water sources. The cost of the water used in conjunction with the operation of the vending machines will be borne by SDSU. No change or alteration of water service will be made by the contractor without the prior written authorization of SDSU Representative.

AC. SDSU Logo. The successful vendor shall not use the name of SDSU or any SDSU sign, logo, symbol, trademark or wordmark, etc., for any purpose, without the prior written consent of SDSU in each instance.

AD. News Release. The successful vendor shall not in any way or in any form publicize or advertise in any manner the fact that it is providing services to SDSU without the prior written approval of SDSU, in each instance. However, nothing herein shall preclude the contractor from listing SDSU on its routine client list for matters of reference.

AE. Independent Contractor. While performing services hereunder, Contractor is an independent contractor and not an officer, agent, or employee of the State. Unless explicitly authorized herein, Contractor will not use State equipment, supplies or facilities. Contractor is solely responsible for the withholding and payment of applicable income and Social Security taxes due and owing from money received under this contract.

AF. Personnel. The successful vendor shall operate as an equal opportunity employer and shall have control over and be responsible for all personnel and employment matters involving its employees including, but not limited to, work schedules and compensation. All employees shall be employed by the successful vendor in its own name at its own expense, and the successful vendor shall pay all salaries, wages and employee benefits payable to or on behalf of its employees. The successful vendor shall always maintain appropriate staff to ensure continuous service through the course of the contract. The successful vendor will identify one manager made known to SDSU to routinely review and inspect operations on the premises. The successful vendor shall ensure that its employees conduct themselves appropriately while working on the SDSU campus. SDSU is a smoke-free campus. Smoking is not allowed on the property or within any of its buildings.

AG. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

4.3 Provide the following information related to at least three previous and current service/contracts, performed by the offeror’s organization, which are similar to the requirements of this RFP.

A. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

B. Dates of the service/contract; and

C. A brief, written description of the specific prior services performed and requirements thereof.

5.0 PROPOSAL RESPONSE FORMAT

5.1 Vendors can submit proposals for Packages A, B, C, or D, or any combination thereof. The University reserves the right to make a single or multi-package award based on the University’s needs and interests. These agreements should include the appropriate equipment to merchandise, display, and dispense products. The University is interested in vendors with a strong national presence, so the successful vendor must demonstrate a high acceptance level within the student population.

5.2 To facilitate direct comparisons, vendors must email their complete proposal in a Word or PDF format to Karen Bravek, SDSU Purchasing Manager at Karen.Bravek@sdstate.edu, per section 1.6. Proposals. must be submitted in the following format, listed in order, and index tabbed to match. If the Vendor fails to provide any of the following information, SDSU may, at its' sole option, ask the Vendor to provide the missing information or evaluate the proposal without missing information.

A. The Financial Contribution Data Sheet. Vendor’s proposals must include the financial contribution to SDSU, including commissions on sales and annual sponsorship contributions.

B. A description of how the Vendor will ensure that the service will be fully operational on August 15, 2026.

C. A description of how the Vendor will make refunds.

D. A list of the brand names and unit sizes of the products to be vended, sold through fountain dispensers and sold through convenience stores. Include a description of each product, container size, case quantity and recommended selling price.

E. A…