242-24-00064-AS-Final.pdf

REQUEST FOR PROPOSAL

(SEALED PROPOSALS)

RFP 242-24-00064-AS

SPECIALTY FOOD ITEMS

DUE: MONDAY MARCH 4, 2024 at 2pm

April Shuman, VCO, VCARM, VCA

Virginia Contracting Officer

(757) 594-7466

Email: april.shuman@cnu.edu mailto:april.shuman@cnu.edu

SEALED REQUEST FOR PROPOSAL (RFP)

Issue Date: February 16, 2024 RFP# 242-24-00064-AS

Title: Specialty Food Items

Commodity Code:

38075,38530,38542,38544,38547,39007,39015,39049,39069,39084, 39085,39310, 39350,39367,39369,39375,39387

Issuing Agency: Commonwealth of Virginia

Christopher Newport University_______________ 1 Avenue of the Arts________________________ Newport News, VA 23606-3072_______________

Using Agency And/Or Location Where Work Will Be Performed: Christopher Newport University_______________

1 Avenue of the Arts________________________ Newport News, VA 23606-3072_______________

Initial Period Of Contract: From May 1, 2024 through April 30, 2025 with four (4) – one (1) year renewal options.

Sealed Proposals Will Be Received Until 2:00 P.M. on Monday, March 4, 2024 For Furnishing the Goods/Services Described Herein.

All Inquiries For Information Should Be Directed To: April Shuman, via Email at april.shuman@cnu.edu.

Inquiries must be received no later than 12:00 noon on Friday, February 23, 2024.

IF PROPOSALS ARE MAILED, SEND DIRECTLY TO ISSUING AGENCY SHOWN ABOVE: Offerors must provide to the Contracting Office the delivery service used and a tracking number to ensure receipt of the proposal prior to proposal close date and time.

The proposal envelope must clearly state the solicitation number. (As referenced on pg.23 H-id of envelope)

IF PROPOSALS ARE HAND DELIVERED, DELIVER TO: Christopher Newport University, Office of Procurement Services, 321 Hiden Boulevard, Suite 100, Newport News, Virginia 23606.

In compliance with this Request For Proposals (RFP) and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

Name and Address of Firm:

Date:

By:

(Signature In Ink) Zip

Code: Name:

eVA Vendor ID or DUNS#: (Please Print) Fax Number: Title:

E-mail Address: Telephone Number:

PRE-EPROPOSAL CONFERENCE: An optional pre-proposal conference will be held on Friday, February 23, 2024 at 10:00 a.m. at the following video conferencing/dial in number: meet.google.com/bpe-vcvj-rfu or (US)+1 219-281-4471 PIN: 587 384 752#

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

mailto:april.shuman@cnu.edu

TABLE OF CONTENTS

PAGE

I. PURPOSE 4

II. BACKGROUND 4

III. STATEMENT OF NEEDS 5

IV. DEFINITIONS 7

V. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 8

VI. EVALUATION AND AWARD CRITERIA 13

VII. GENERAL TERMS AND CONDITIONS 14

VIII. SPECIAL TERMS AND CONDITIONS 21

IX. REPORTING, DELIVERY REQUIREMENTS AND METHOD OF PAYMENT 27

X. PRICING SCHEDULE 27

XI. ATTACHMENTS

A. VENDOR DATA SHEET SUBMIT WITH PROPOSAL

B. CONFLICT OF INTEREST FORM SUBMIT WITH PROPOSAL

C. SMALL BUSINESS SUBCONTRACTING PLAN SUBMIT WITH PROPOSAL

D. STATE CORPORATION COMMISSION FORM SUBMIT WITH PROPOSAL

E. PROPRIETARY & CONFIDENTIAL FORM SUBMIT WITH PROPOSAL

F. MARKET BASIC/PRICING SCHEDULE SUBMIT WITH PROPOSAL

G. CONTRACTOR BACKGROUND CERTIFICATION SUBMIT WITH PROPOSAL

Note: Attachments A-G must be submitted with proposal.

I. PURPOSE:

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiation for Specialty Food at Christopher Newport University, an agency of the Commonwealth of Virginia. It is the intent of this solicitation and resulting contract to allow for cooperative procurement by VASCUPP members and other public institutions.

II. BACKGROUND:

A. The University:

The youngest, comprehensive university in the Commonwealth, Christopher Newport was founded in 1960 as a two-year branch of the College of William and Mary, became independent in 1977 and gained university status in 1991. A four-year public university, the university enrolls 5,000 students in rigorous academic programs in the liberal arts and sciences through the College of Arts and Humanities, the College of Natural and Behavioral Sciences, and the College of Social Sciences, and the Luter School of Business. Christopher Newport University offers great teaching and small class sizes with an emphasis on leadership, civic engagement and honor. Its 260-acre campus reflects the nearly $1 billion in capital construction completed during recent years

For more information about Christopher Newport University, visit www.cnu.edu.

B. Catering and Dining Services:

The University's Catering & Dining Services are a major division within Christopher Newport University's Auxiliary Services. Catering and Dining Services encompass a wide-ranging food service, offering the utmost in quality of food products, nutrition, and verity of choices. The university serves approximately 1,315,000 student meals per year. The university anticipates purchases against this contract to be approximately (30,000.00 a year between specialty foods and beverage products)

1. Existing Conditions and Venues:

a. All of the University’s dining services are self-operated

b. Christopher Newport University Catering provides full-service dining and hard beverage concession on and off campus producing a wide variety of levels of service to include weddings, corporate fundraising and celebratory galas, conferences, corporate lunches, outdoor events, concerts, and all stages of life events.

c. Dining Services is responsible for the operation of a series of retail operations across campus as well as two (2) large residential dining complexes. Dining Services operations include the following locations: (the University reserves the right to change the branding on university dining facilities)

i. Regattas-Residential Dining Center

ii. The Commons-Residential Dining Center

iii. Discovery Food Court-Retail Branded Cash Operations to include:

• Chick Fil-A (National Brand)*

• Discovery Pizza (Self Branded Concept)

• Discovery Grille (Self Branded)

• Discovery Bistro (Self Branded)

• Palette Café (Self branded)

iv. Einstein’s- A “We Proudly Brew” Starbucks Branded Operation. (Includes gourmet bakery)

v. Concessions soft beverages and food (includes all Athletic events)

vi. Extensive summer conference dining.

*only minimal use of the resulting contract.

d. The University currently contracts all of its on-campus vending operations. PepsiCo, Inc.is the exclusive supplier of soft drinks and other cold beverages sold, dispensed, and vended at http://www.cnu.edu/

Christopher Newport University. The term of PepsiCo, Inc’s contract is through June 30, 2024.

e. The University currently has a primary vendor for a Food and Food Related Supplies Contract that runs through -January 31, 2033.

2. When school is not in session, (winter break, spring break, and during summer sessions), the number of dining facilities open and hours of operation are generally reduced. Catering remains full service all year long with a reduction of campus clients opening up out spaces to our external client’s events due to the variance in the level of student activity, naming the particular dining facilities that will be open will be provided to the Contractor with advance notification whenever there will be a change in open facilities and hours of operation.

Catering and Dining Services operates on a twelve (12) month period with the heaviest volume of purchases during the school year. Attachment F, Market Basic/Pricing Schedule. These figures are for the period of July 1, 2020 through June 30, 2023.

Although the university recognizes that brand standardization is important, each dining service location will make independent decisions as to what brands and products are needed to meet the needs of their customers.

A wide variety of quality specialty food, produce and seafood is not available from our prime vendor. Therefore, the intent of this RFP is to establish a Secondary Vendor contract to provide Christopher Newport University with a supplemental source of supply for items not available and or not available in a timely or consistent manor through the university’s primary vendor. The resulting contract must not be interpreted as an "exclusive" agreement.

3. Christopher Newport University makes no warranty, either expressed or implied, of the annual sales potential to be realized from any contract resulting from this solicitation

III. STATEMENT OF NEEDS:

A. The Contractor shall furnish and deliver Catering & Dining Service with specialty food otherwise not available or of appropriate quality by our primary vendor, and related ancillary supplies to Christopher Newport University as requested. The contract shall include a complete and comprehensive program for orders, deliveries, fill-rate, pricing, invoicing, promotions and rebates, and evaluation programs.

Electronic data transmission for order placement is strongly desired.

B. The Contractor shall work with the university’s Catering and Dining Services to provide a high-quality product at competitive prices. The Contractor shall coordinate efforts to obtain the best secure pricing from manufacturers. Additionally, the Contractor should continually apprise the university of opportunities to reduce cost while maintaining high standards of food quality. Brand specific items required in this RFP are identified as such in Attachment F, and Offer’s Price Schedule.

Christopher Newport University’s expectations are that the Contractor shall maintain a high-quality program for warehousing and distribution to assure that:

• First-in First out principles are used.

• Product shelf life is monitored.

• Products are free of damage.

• Incorrect products are resolved and corrective action is initiated.

• Customer satisfaction is monitored.

• Salvaged products are not used.

It is critical to Christopher Newport University that an alliance be established with a Contractor who has a record of conforming to contractual requirements and schedules, a record of reasonable and cooperative behavior, commitment to customer satisfaction and an overall business-like concern for the interest and success of the customer.

C. It is desired that the university be able to order until 5:00 p.m. the day before the orders are to be delivered. The university must be able to add or delete from an existing order until 5:00 pm the day before the order is delivered.

A Contractor’s minimum shipment requirements will not be accepted. All holidays, which occur during the delivery schedule, are to be considered delivery days at no additional charge if the university is open. A list of such holidays will be provided at the time of award.

There shall be no extra charge to the university for any delivery made directly to an operation, no matter what the case count or dollar value of the order. There also shall be no extra charge for any deliveries made outside of the normal delivery schedule. Christopher Newport University will monitor any chronic deterioration in the order/delivery schedule and act upon the problem. The University will exercise reasonable judgment when placing small orders and will make every attempt to place correct orders each time.

Orders are delivered directly to the appropriate location and off-loaded by the contractor. A designated university employee will check the order, verify the accuracy of the order, invoice and the quality of the products received. Any deviations or problems noted at that time will be communicated to the Contractor’s delivery representative who must have the ability to issue and authorize credits for damaged, improper, returning, or missing products at that time. The Contractor’s delivery representative may be required to communicate with the operation’s management concerning products shortages or any other problems with the delivery. Any hidden deviations relating to the order that are found later will be communicated to the Contractor. At each delivery, the Contractor must pick up all unused pallets from the operation.

D. Product:

1. The university expects that all Catering & Dining Service orders with food, paper products and related ancillary supplies be readily available. The Contractor shall stock specified and pre-approved products. A list of stock and pre-approved products should be established prior to November 1, 2023 or as mutually agreed between the University and the Contractor. Before stock changes take place, review of those changes must occur between the University and the Contractor. All products shall be pre-approved by the appropriate Christopher Newport University Contract Administrator before their usage. The University reserves the right to order other food, paper products and related ancillary supplies not included in the stock and pre-approved product listing

2. Frozen products: Temperature of frozen food products when delivered shall be 28 deg. Fahrenheit or below. Vehicles used for frozen deliveries shall be equipped to maintain temperatures of 28 deg. Fahrenheit or below

3. Refrigerated products: Temperature of refrigerated products when delivered shall be 30-40 deg.

Fahrenheit. Vehicles used for refrigeration shall be equipped to maintain temperatures of 40 deg.

Fahrenheit.

E. Product that is damaged, incorrect, of unacceptable quality or not to specification shall be returned to the Contractor for credit. Replacement of refused items should happen no later than four (4) hours after refusal. The University reserves the right to obtain a replacement product from another source should the Contractor fail to provide a replacement product. Any additional cost resulting from obtaining a replacement product from another source may be charged back to the Contractor.

F. Delivery and Invoicing:

1. The contractor shall provide delivery as schedule to the following two (2) locations:

(a) The Commons Loading Entrance Delivery Timeframe: 9am – 11am

(b) David student union Loading Dock – For Catering, Regatta’s /Discovery/Einstein’s and the Palette Delivery timeframe: 8am – 10am

2. Location additions and delivery time changes may occur as circumstances warrant as the campus continues to evolve.

3. Deliveries must be segregated in stacks according to the delivery account.

4. All products shall be delivered in climate-controlled vehicles. Temperature verification will be taken upon receipt.

5. The Contractor shall not require any minimum shipments. The University will make every attempt to consolidate and group orders to maximize deliveries.

6. Must deliver Monday thru Friday.

7. Must have emergency delivery plan.

8. Must have fresh seafood available 5pm cut off at the earliest.

9. Must have accurate online ordering services to include electronic access to inventory.

10. All ordering, invoicing and reporting, including rebates and incentives, must be identified by the university Dining facility or location.

G. Christopher Newport University will periodically audit the Contractor’s invoices (related to the purchase and transportation of goods) to ensure that the costs and fees being charged are accurate, including a breakdown of all fees and surcharges being charged to the university. The Contractor shall provide all relevant information regarding the purchase and transportation of goods on behalf of the university. In addition, Christopher Newport University may require manufacturers who supply products to the Contractor to disclose all rebates, allowances, bonuses and discounts of any kind which accrue to the Contractor. At the university’s request, these documents may include any computer-generated daily recaps, trial balances, journal listings, general ledgers, daily sub-ledgers, etc.

H. The Contractor should submit any requested increases to the laid-in costs of non-commodity items ten

(10) days prior to the end of the current month. Accepted laid-in cost increases will be effective the first of the following month. Laid-in cost for commodity items may fluctuate according to market conditions. Decreases in laid-in cost shall be passed-on immediately. Increases on the drayage fee shall not be considered for the initial term of the contract.

IV. Definitions:

A. Laid-in Costs. Laid-in costs are those costs charged to the Contractor by the manufacturer plus freight from the manufacturer to the Contractor minus any manufacturer's rebates and allowances to the

Contractor. This figure includes (as a separate item) rebates and allowances targeted to the end user.

The Contractor's fee shall not be included in this price. Any exceptions to this definition must be clearly noted in the proposal.

B. Drayage. All other charges to the University not included in the laid-in costs. This may include the Contractor’s operating expenses, overhead, profit margin, etc.

C. Late Deliveries. Late deliveries are defined as those which arrive thirty (30) minutes past the scheduled delivery time.

D. Non-Commodity Items. Items which are processed in some form to extend the items shelf life.

Examples include canned goods, frozen meats, etc.

E. Definition of Cost: Offeror shall provide summary of the cost in terms of fee per case or percentage to define how pricing is set.

V. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

A. General Requirements

1. RFP Response: In order to be considered for selection, offerors must submit a complete response to this RFP. One (1) original proposal and one (1) redacted copy of each proposal must be submitted to Christopher Newport University, Office of Procurement Services, 1 Avenue of the Arts, Newport News, VA 23606. No other distribution of the proposal shall be made by the offeror

In addition, one (1) USB or Flash Drive in .pdf format to contain the original proposal and one (1) redacted copy of the proposal must be submitted to the agency. The redacted version of the proposal must have proprietary information deleted that has been marked as proprietary.

Section numbers which are redacted should be identified as follows: Example: Section 3, paragraph B: “Redacted”. The redacted version of the proposal must be carefully edited, altered, and refined by the Offeror in order to protect and maintain complete confidentiality of protected information.

Attachment E, Proprietary and Confidential Information Form MUST be included with the proposal.

Christopher Newport University will not accept responsibility for any public disclosure of proprietary information that is a result of improper redaction by the Offeror. Reference the Opening Date, Opening Time, and RFP number in the lower left-hand corner of the return envelope or package.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the

RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms "must", "shall", "should" and “may” identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Each copy of the proposal should be bound or contained in a single volume where practical.

All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the RFP shall belong exclusively to the State and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. If, after being given reasonable time the offeror refuses to withdraw an entire classification designation, the proposal will be rejected.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

B. SPECIFIC PROPOSAL INSTRUCTIONS:

Proposals should be as thorough and detailed as possible so that Christopher Newport University may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete proposal:

1. Return the RFP cover sheet and all addenda acknowledgments, if any, signed and filled out as required.

2. Vendor Data Sheet, included as Attachment A, and other specific items or data requested in the RFP. Include email addresses. Include Attachment B, Conflict of Interest Form in the proposal as well.

3. A written narrative statement to include:

a. Costs to Christopher Newport University: Attachment F, an Excel document, contains a listing of products with estimate annual usage (three separate tabs, one for Specialty Foods, one for Produce, and one for Fresh Fish). Proposals should include both hard copies and electronic copies.

i. Brand Specific Items: Offeror shall provide their best laid-in cost for the items listed in Attachment F. The laid in cost shall be based on the costs in effect as of January 1, 2023 and exclude drayage fees. For evaluation purposes, the Offeror shall not deviate from the stated manufacturer or pack size. Documentation, such as correspondence, invoices, etc., supporting these prices must be included

ii. The Offeror may deviate from the stated manufacturer provided that the product is equivalent to that originally listed. Manufacturer specification sheets must be included for each product in order to determine product equivalency.

Documentation, such as correspondence, invoices, etc., supporting these prices must be included.

iii. Drayage: The Offeror shall propose a fixed drayage fee. The Offeror shall specify how the drayage is applied, i.e., on a per case, per pounds, per carton, etc.

The Offeror shall provide a listing of the cost elements with the appropriate percentage that comprise the fixed drayage fee

iv. Alternative Pricing Structure: In addition to a fixed drayage fee, the Offeror may propose an alternate pricing structure. Cost plus percentage of cost type arrangements are illegal within the Commonwealth of Virginia

v. Fees and Surcharges: Please include a breakdown of all possible fees and surcharges, such as vehicle gas, delivery fee, that may be charged.

vi. Provide sample documents which show the Manufacturer rebates, growth programs, etc., received by the Offeror.

vii. Definition of cost. Summary of the cost in terms of fee per case or percentage to define how pricing is set.

4. Availability to Provide Service:

a. Buying Practices:

i. Provide a narrative statement describing the Offeror’s purchasing policies and methods used to acquire items at the best price. Include a discussion on where and by whom the buying responsibility and activity resides for providing service to the University (i.e., corporate buying groups, regional/local offices, etc.) and the percentage of buying at each location.

ii. Provide a brief resume of the individual (s) that would be primarily responsible for making the decisions on buying on behalf of the University

iii. Provide a listing of current contracts between the Offeror and their suppliers.

Include the resumes of the individuals who are responsible for administering such contracts. Specify the location where contract administration occurs.

iv. Provide a listing of the manufacturers currently in use by the Offeror. Discuss the level of activity, including the size of orders (truckload, etc.) purchased through central warehouses such as DOT Foods, Comsource, etc.

v. Describe the Offeror’s policies and procedures to ensure product integrity.

b. Product Availability:

i. The Offeror shall complete Attachment G with designations as to in-stock status.

This list contains specific items, however, equivalent (i.e. private label) products will be considered. If an equivalent product is utilized, the Offeror shall provide the Manufacturers' specification sheet. In order to complete Attachment G, the following codes shall be used to designate product availability:

A Always available, currently stocked

L Needs more than 2-day lead time to acquire N Not readily available, may be able to obtain C Cannot obtain E Equivalent offered

ii. State the percentage by which the Offeror complies with the specifications and brand names.

iii. Provide a listing of the Offeror’s complete product lines.

iv. Discuss the Offeror's ability to stock certain items and procedures for modifying these stocks. Discuss the Offeror’s willingness and the procedures for purchasing items from suppliers in which the Offeror is not currently utilizing on a regular basis.

v. Provide information regarding the Offeror’s private label products. Include the total number of unique products actually stocked at the facility from which the University is to be served, and the number and percentage of private label items stocked as compared to the total non-private labels (nationally branded) stocked.

vi. Provide shelf-life information on packaging, with the understanding that we have the right to reject the item upon delivery without this information.

c. Account Representation:

i. Discuss the Offeror’s plan and time frame for start-up if awarded the contract.

Include any plans for meetings, monitoring service levels, product cuttings, etc.

ii. Discuss the Offeror’s plan for monitoring service levels and purchasing activities upon the completion of start-up

iii. Discuss the types and level of account representation the University will receive.

Include their level of authority and responsibility.

iv. Provide the Offeror’s hierarchy for customer service. Including names, phone numbers and a brief resume for each individual assigned to the University account.

v. Discuss the Offeror’s willingness to provide a representative on-site. Include a description of the function the Offeror proposes this individual serve, and the level of responsibility and authority this individual is given.

vi. Discuss the Offeror’s willingness to provide assistance with temporary storage of food related supplies for events such as Commencement, Homecoming, etc.

Include the type and level of assistance available, i.e. the use of a trailer, etc.

5. Methodology

a. Delivery:

i. Discuss how the Offeror intends to provide deliveries to the University. Include a discussion on the type and number of vehicles to be utilized, timing of deliveries, and lead times. Address any special concerns the Offeror has with making deliveries to the University.

ii. Discuss the Offeror's ability to deliver on-time. Describe the procedures and policies currently used to minimize late deliveries. Provide copies of any relevant policies that govern late deliveries.

iii. State the Offeror’s fill-rate percentage. Provide a plan or provision for tracking fill-rates.

iv. Discuss how the Offeror intends to minimize shorted, damaged, and/or unacceptable deliveries.

v. Provide information on the type of delivery drop.

vi. Discuss the Offeror’s plans for deliveries during inclement weather. Include the

Offeror’s current preparedness and experience in providing deliveries during snow, ice, etc.

vii. Discuss the Offeror’s return policy. Include a discussion on how returns are to be handled and credits issued.

viii. The offeror shall include a discussion on how the University may ensure the products on order match the products delivered, and acknowledge receipt. Discuss how discrepancies will be resolved.

b. Ordering:

i. Discuss the Offeror’s plan and procedures for order placement. Include the cut-off time and turnaround time.

ii. Discuss the Offeror’s procedures for the placement of emergency orders. Include the Offeror’s definition of an emergency order, turnaround time for delivery of emergency orders and prior experience in dealing with emergency situations.

Discuss the Offeror’s ability to provide emergency orders during inclement weather.

iii. Discuss the Offeror’s procedures for add-on orders. Include the Offeror’s definition of an add-on order, and turnaround time. Discuss the ability to utilize both phone-in and computer integrated ordering.

iv. Discuss the Offeror’s ability to provide electronic ordering. Include the capabilities of the electronic order entry systems, the equipment provided by the Offeror, costs to Christopher Newport University and training. Discuss any applicable system requirements such as access lines (phone lines, etc.), and types of computers, and any relevant equipment maintenance. The Offeror should discuss their current use of electronic technologies such as e-mail, Internet, EDI, etc.

v. Discuss the Offeror’s back-up system for managing the orders and delivery in the event of a computer system failure. Provide all necessary information regarding the availability and procedures to use a Fax system. The Offeror should provide information regarding the phone system and lines that would be available to the University to assist with the placement and delivery of orders.

c. Warehouse Capacity and Turnover Rate:

Provide the following information:

● Dry Storage dimension and available capacity

● Provide inventory turnover rate(s) by product category for the past twenty-four

(24) months.

d. Invoice/Payments:

i. Discuss the Offeror’s invoicing system, policies and procedures. Include a discussion regarding categorized product groupings.

ii. Discuss the Offeror’s willingness to provide a delivery ticket that also serves as the invoice. Provide a sample invoice/delivery ticket.

iii. Discuss the Offeror’s payment terms. Include any special payment arrangements such as cash discounts for early payment.

iv. Invoices must be identified by the University Dining facility or location.

6. Qualifications, Experience, References, and Financial Capability – Offeror’s qualifications, experience, references, and financial capability to perform the services stated in the proposal to include but is not limited to:

i. Indicate the length of time your firm has been in business, provide background information about the company and experience providing prime food vendor service and food related products.

ii. Provide a minimum of four (4) current references of similar scope (emphasis on academic environment) that may be contacted for verification of performance.

Please include the client’s name, contact person, address, telephone number, e-mail address (if available). Use Attachment A – Vendor Data Sheet

iii. Provide at least three (3) current manufacturers you do business with locally.

Include the name of the organization, the complete mailing address, the name of the contact person, telephone number and email address of the person the University has your permission to contact for each account.

iv. Description of financial stability and other resources that most adequately ensure delivery of acceptable service to the University. Offeror shall indicate the type of organization they represent, i.e., individual, partnership, or corporation. If the offeror represents a corporation or partnership, the names of the President, Vice President, Secretary, Treasurer, and all principles shall be listed. Provide the most recently audited financial statements by an independent accounting firm in accordance with generally accepted accounting principles

v. Ability to perform the contract within desired timeframe and factors impacting supply chain or other factors that may limit service.

vi. Copies of any agreements the University may be required to sign.

7. Required Attachments:

i. Conflict of Interest Statement, Attachment B, included in the RFP.

ii. Small Business Subcontracting Plan, Attachment C, included in the RFP.

iii. State Corporation Commission Form, Attachment D, included in the RFP.

iv. Proprietary & Confidential Information Form, Attachment E, included in the RFP.

v. Market Basket/Pricing Schedule, Attachment F, included in the RFP

vi. Contractor Background Certification, Attachment G, included in the RFP.

8. Any other information which the Offeror feels the University should consider in evaluating the proposal.

VI. EVALUATION AND AWARD CRITERIA:

A. EVALUATION CRITERIA: Each proposal will be evaluated independently. Proposals shall be evaluated by Christopher Newport University using the following criteria:

Criteria Point Value

Availability to provide service 25 points

Methodology 25 points

Qualifications and Experience of Offerors 25 points

Pricing Structure/Market Basket 15 points

References of current clients (Vendor data sheet)

5 points

Small Business Subcontracting Plan 5 points

Total points possible 100 Points

B. AWARD: Selection shall be made of two or more offerors deemed to be fully qua lified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

VII. GENERAL TERMS AND CONDITIONS

A. PURCHASING MANUAL: This solicitation and any resulting contract is subject to the provisions of the Commonwealth of Virginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors and any revisions hereto, and the Rules Governing Procurement of Goods, Services, Insurance and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia (Subchapter 3 of the Restructured Higher Education Financial and Administrative Operations Act) (hereafter referred to as “Governing Rules”), which are hereby incorporated into this contract in their entirety. The manual may be accessed electronically at https://vascupp.org

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions.

The University and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute by informal mediation (Governing Rules §56). The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids/proposals, bidders/offerors certify to University that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §9 and §10 of the Governing Rules. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Governing Rules, §36).

In every contract over $10,000, the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

https://vascupp.org/

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids/proposals, bidders/offerors certify that their bids or proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the University, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services to the University, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred or otherwise declared ineligible by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred or otherwise declared ineligible.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the University all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the University under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR RFPs

Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the University reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the University shall notify the contractor, in writing, as to those charges that it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the University of its prompt payment obligations with respect to those charges which are not in dispute (Governing Rules § 53).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the University, a contractor awarded a contract under this solicitation is hereby obligated:

i.To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or ii.To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the University, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.

S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the University.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The University encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: These General Terms and Conditions and the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors and Governing Rules shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The University may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder/offeror to perform the services/furnish the goods and the offeror shall furnish to the University all such information and data for this purpose as may be requested. The University reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The University further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the University that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The University reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: The contractor shall not be assign all or any portion of its rights and duties under this contract without the prior written consent of the University.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award.