56-2402BTRFP.pdf

Proposal Number: 56-2402BTRFP Vendor: __________________________________________

Ver: 03/2023

STATE OF NORTH CAROLINA

East Carolina University

Request for Proposal #: 56-2402BTRFP

Health Sciences Student Center Coffee Shop Operations

Date of Issue: April 30, 2024

Proposal Opening Date: June 6, 2024

At 2:00 PM (Eastern Time)

Direct all inquiries concerning this RFP to:

Bryan Tuten

Purchasing Specialist

Email: tutenb@ecu.edu

Phone: (252) 328-6289

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Refer ALL Inquiries regarding this RFP to:

Bryan Tuten, Purchasing Specialist

ECU Department of Materials Management

Email: tutenb@ecu.edu

Request for Proposal #: 56-2402BTRFP

Proposals will be publicly opened: June 6, 2024 at 2:00 PM

Using Agency: East Carolina University Commodity No. and Description: Food & Beverage Products

Title: Health Sciences Student Center Coffee Shop Operations Requisition No.: N/A (University Contract)

EXECUTION

In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

▪ this proposal is submitted competitively and without collusion (G.S. 143-54),

▪ none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and

▪ it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

▪ it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any

Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this proposal, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL

TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document.

Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

STATE OF NORTH CAROLINA

East Carolina University

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VALIDITY PERIOD

Offer shall be valid for at least sixty 60 days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of East Carolina University)

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Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

2.4 RFP SCHEDULE

2.5 SITE VISIT (ECU RECOMMENDS)

2.6 PROPOSAL QUESTIONS

2.7 PROPOSAL SUBMITTAL

2.8 PROPOSAL CONTENTS

2.9 ALTERNATE PROPOSALS

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 INVOICES (WHEN APPLICABLE)

4.3 FINANCIAL STABILITY

4.4 HUB PARTICIPATION

4.5 VENDOR EXPERIENCE

4.6 REFERENCES

4.7 BACKGROUND CHECKS

4.8 PERSONNEL

4.9 VENDOR’S REPRESENTATIONS

4.10 AGENCY INSURANCE REQUIREMENTS MODIFICATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 TECHNICAL APPROACH

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6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 POST AWARD PROJECT REVIEW/CONTRACT PERFORMANCE MEETINGS

6.3 CONTINUOUS IMPROVEMENT

6.4 ACCEPTANCE OF WORK

6.5 FAITHFUL PERFORMANCE

6.6 TRANSITION ASSISTANCE

6.7 DISPUTE RESOLUTION

6.8 CONTRACT CHANGES

7.0 ATTACHMENTS

ATTACHMENT A: PRICING PROPOSAL

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT E: CUSTOMER REFERENCE FORM

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT H: DEPARTMENT OF INFORMATION TECHNOLOGY TERMS & CONDITIONS ... 21

ATTACHMENT I: NETWORKING CONNECTION AGREEMENT

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1.0 PURPOSE AND BACKGROUND

Request for Proposals (RFP) are issued to prospective vendors for a coffee shop operator at the East Carolina University

(hereinafter referred to as ECU or University) Health Sciences Student Center (hereinafter referred to as HSSC), to provide faculty, staff, students, etc. access to food and beverages at this location. ECU is seeking a fully service coffee shop that will offer coffee, tea, hot chocolate, blended ice coffee beverages, espresso beverages, whole bean coffee and related retail items.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. The intent of this solicitation is to award an Agency Contract for East Carolina University.

1.1 CONTRACT TERM

The Contract shall have an initial term of one (1) year, beginning on the date of final Contract execution (the “Effective Date”) or

August 1, 2024, whichever is later. Monthly rent will not change during the first one (1) year period. At the end of the Contract’s initial term, ECU shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two (2) additional one-year terms. All terms and conditions associated with this contract shall remain during the duration of the contract. Anticipated contract start date and restaurant business opening date is August 1, 2024. East Carolina

University reserves the right to cancel this contract at any time if the contracted vendor is not meeting ECU’s requirements, specifications, standards, and/or overall satisfaction. A thirty (30) day written cancellation notice should be provided. In addition, East Carolina University reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. East Carolina University reserves the right to receive and consider any other offers and proposals from any other vendors and/or businesses after each one year period.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

ATTENTION: The E-Procurement fee DOES NOT apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If Vendors have questions or issues regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions http://eprocurement.nc.gov/

Ver: 03/2023 7 or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The State may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiation and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

2.4 RFP SCHEDULE

The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule.

Event Responsibility Date and Time

Issue RFP ECU 5/1/24 (Wed)

Hold Pre-Proposal Meeting/Site Visit ECU RECOMMENDED—CONTACT ECU FOR SITE VISIT

NO LATER THAN 5/15/24

Submit Written Questions Vendor 5/22/24 (Wed) by 5:00 PM (ET)

Provide Response to Questions ECU 5/31/24 (Friday) by 5:00 PM (ET)

Submit Proposals Vendor 6/6/24 (Thurs) by 2 pm (ET)

Contract Award State/ECU 7/1/24 (estimated)

Contract Effective Date State/ECU 8/1/2024 (anticipated business opening date)

2.5 SITE VISIT (ECU RECOMMENDS)

Location: ECU Health Sciences Student Center (northwestern corner of first floor across from information desk)

400 West Campus Loop (ECU Health Sciences Campus)

Greenville, NC 27834

Instructions: Vendor representatives are URGED and CAUTIONED to visit the site and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this RFP. To schedule a visit to look at the site, please email Bryan Tuten at tutenb@ecu.edu no later than Wednesday, May 15, 2024. Submission of a proposal shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions which a prudent Vendor would recognize as affecting the performance of the work called for in this RFP.

Vendor is cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by written addendum before it can be considered to be a part of this RFP and any resulting contract.

In the event of a pre-bid meeting/site visit, a parking permit should be acquired by contacting ECU Department of Parking and Transportation, located at 305 E. Tenth Street, Greenville, NC, at 252-328-6294 between the hours of 8:00 AM – 12:00 PM or 1:00 PM – 4:30 PM, Monday through Friday. Parking on campus is by permit only. Attendees who come by the Parking and Transportation Office and ask for a pre-bid/site visit permit will be sold a Departmental Guest Permit for $1.00 (B Zones) and $3.00 (A1 Zones). Parking will be assigned in proximity to the pre-bid/site visit location. Individuals with disabilities, who require accommodations under the American with Disabilities Act (ADA), should contact the Department of Disabilities Support Services at 252-737-1016 prior to the meeting date.

ECU Parking Maps can be located at Health-Sciences-Campus-map-and-legend.pdf (ecu.edu) (Health Sciences Campus) and PDF Maps | Information | ECU (all ECU maps).

mailto:tutenb@ecu.edu https://info.ecu.edu/wp-content/pv-uploads/sites/513/2021/02/Health-Sciences-Campus-map-and-legend.pdf https://info.ecu.edu/pdf-maps/ https://info.ecu.edu/pdf-maps/

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2.6 PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written

Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum.

Written questions shall be emailed to Bryan Tuten at tutenb@ecu.edu by the date and time specified above. Vendors should enter

“RFP # 56-2402BTRFP Questions” as the subject for the email. Question submittals should include a reference to the applicable

RFP section and be submitted in the format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP.

2.7 PROPOSAL SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. The time and date of receipt will be marked on each proposal when received. Any proposal or portion thereof received after the proposal deadline will be rejected.

Please email proposals to Bryan Tuten at tutenb@ecu.edu by deadline date and time.

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal.

Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential.

If the Vendor does not provide a redacted version of the proposal with its proposal submission, the Department may release an unredacted version if a record request is received.

Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s proposal(s). Vendors are strongly encouraged to allow sufficient time to upload proposals.

Critical updated information may be included in Addenda to this RFP. It is important that all Vendors responding to this RFP periodically check the State’s IPS (or its bid solicitation) website for any Addenda that may be issued prior to the bid opening date.

All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto.

2.8 PROPOSAL CONTENTS

Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the

State rejecting Vendor’s proposal, in the State’s sole discretion.

Vendor RFP responses shall include the following items and attachments, which shall be arranged in the following order:

mailto:tutenb@ecu.edu

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a) Cover Letter, which must contain the following: (i) a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP, (ii) a statement that the Vendor agrees to perform in accordance with the scope of work, requirements, and specifications contained herein; and (iii) Vendor’s agreement to comply with all instructions, terms and conditions, and attachments.

b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal

Number.

c) Completed and signed version of all EXECUTION PAGES, along with the body of the RFP.

d) Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned.

e) Vendor’s Proposal addressing all Specifications and/or Scope of Work of this RFP.

f) Completed version of ATTACHMENT A: PRICING PROPOSAL

g) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

h) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

i) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

j) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

k) Completed and signed version of ATTACHMENT I: NETWORKING CONNECTION AGREEMENT

2.9 ALTERNATE PROPOSALS

Unless provided otherwise in this RFP, Vendor may submit alternate proposals for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: “Alternate Proposal #56-2402BTRFP”. Each proposal must be for a specific set of Goods and

Services and must include specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered.

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference.

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the

Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below.

While the intent of this RFP is to award a Contract(s) to a single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so.

The State reserves the right to waive any minor informality or technicality in proposals received.

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3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph 29 of the Instructions to Vendors entitled

COMMUNICATIONS BY VENDORS.

Each Vendor submitting a proposal to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the purchaser named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.3 PROPOSAL EVALUATION PROCESS

Only responsive submissions will be evaluated.

The State will conduct a One-Step evaluation of Proposals:

Proposals will be received according to the method stated in the Proposal Submittal Section above.

All proposals must be received by the issuing agency not later than the date and time specified in the RFP SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

At the date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids is authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

Upon completion of the evaluation process, the State will make award(s) based on the evaluation. Award of a Contract to one

Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State.

The State reserves the right to negotiate with one or more vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a

Best and Final Offer (BAFO) based on discussions and negotiations with the State.

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3.4 EVALUATION CRITERIA

BEST VALUE: "Best Value" procurement methods are authorized by N.C.G.S. §§143-135.9 and 143B-1350(h). The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the Vendor's offer; the Vendor's past performance; and the evaluated probability of performing the specifications stated in the solicitation on time, with high quality, and in a manner that accomplishes the stated business objectives and maintains industry standards compliance. The intent of

"Best Value" procurement is to enable Vendors to offer and the Agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement. A contract shall be awarded to the Vendor whose proposal is determined to be most advantageous to the University. The University further reserves the right to reject any and all proposals, and the University will be the sole judge as to whether the contractor’s proposal has or has not satisfactorily met the requirements of this RFP.

Evaluation criteria will be based on the following factors:

1. Quality & Variety

• Demonstrated ability to respond to seasonal menu preferences, changing customer expectations, and to be innovative with specialized menus and coffee items.

• Pre-testing of menu items.

• Portion size and prices.

2. Ability, Capacity, and Skill of Vendor to Perform

• Must have demonstrated success in opening and operating a coffee shop operation or equivalent type operation.

• Is able to meet the coffee shop opening deadline and other requirements given in this RFP.

3. Financial benefit to ECU

4. Financial stability of Vendor

5. Other factors given in Specifications and Scope of Work (Section 5.0)

The results of oral presentations or demonstrations, if requested by ECU, will be used to clarify and substantiate information in the written proposals and may be considered when scoring the responses in the RFP. The reference check results may be considered when scoring the responses in the RFP.

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

a) Total cost to the State

b) Level of quality provided by the Vendor

c) Process and performance capability across multiple jurisdictions

d) Protection of the State’s information and intellectual property

e) Availability of pertinent skills

f) Ability to understand the State’s business requirements and internal operational culture

g) Particular risk factors such as the security of the State’s information technology

h) Relations with citizens and employees

i) Contract enforcement jurisdictional issues

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3.6 INTERPRETATION OF TERMS AND PHRASES

This RFP serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the

Proposal Questions Section above.

4.1 PRICING

Proposal price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete

ATTACHMENT A: PRICING PROPOSAL and include in Vendor’s proposal. The pricing provided in ATTACHMENT A: PRICING

PROPOSAL, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract.

4.2 INVOICES

If applicable, the Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. The following fields shall be included on all invoices, as relevant:

Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure.

INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED.

4.3 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this

Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The

State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.4 HUB PARTICIPATION

Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this RFP will serve to identify those

Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION.

Ver: 03/2023 13

4.5 VENDOR EXPERIENCE

In its Proposal, Vendor should demonstrate experience of requested services with public and/or private sector clients, with similar or greater size and complexity to the State.

4.6 REFERENCES

Vendor shall provide at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory.

The information obtained could be considered in the evaluation of the Proposal.

4.7 BACKGROUND CHECKS

Vendor and its personnel are required to provide or undergo background checks at Vendor’s expense prior to beginning work with the State. As part of Vendor background, the following details must be provided to the State:

a) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, by Vendor, its officers or directors, or any of its employees or other personnel to provide

Services on this project, of which Vendor has knowledge, or provide a statement that Vendor is aware of none;

b) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge, or provide a statement Vendor is aware of none;

c) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings;

d) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none.

e) Any civil litigation, arbitration, proceeding, or judgments pending against Vendor during the three (3) years preceding submission of its proposal herein or a statement that there are none.

Vendor’s response to these requests shall be considered a continuing representation, and Vendor’s failure to notify the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this Contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this Contract.

VENDOR BACKGROUND CHECK AGREEMENT

Vendor agrees to conduct a criminal background check per the specifications above in this section on all employees proposed to work under this Contract, at its expense, and provide the required documentation to the State in order to perform Services under this Contract:

YES NO

FAILURE TO COMPLETE VENDOR BACKGROUND CHECK AGREEMENT SECTION SHALL RESULT IN VENDOR’S PROPOSAL BEING

DEEMED NON-RESPONSIVE AND NOT CONSIDERED FOR AWARD.

Ver: 03/2023 14

4.8 PERSONNEL

Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel.

4.9 VENDOR’S REPRESENTATIONS

If Vendor’s Proposal results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the

Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables.

4.10 AGENCY INSURANCE REQUIREMENTS MODIFICATION

Insurance requirements set forth in the North Carolina General Terms and Conditions, Insurance paragraph, are minimal requirements. Other insurance requirements and coverages, at a minimum, are given below and in Section 5.0 Specifications and Scope of Work.

A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation:

☐ Small Purchases

☒ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00

☐ Contract value in excess of $1,000,000.00

B. The Purchasing Agency has conducted a risk assessment and determined that certain default coverage provisions in the North

Carolina General Terms and Conditions, paragraph entitled Insurance, should be increased from the minimums stated. Increased or additional insurance coverage amounts for this Solicitation are as follows. Coverages not changed here remain as stated in the

General Terms and Conditions.

a) Commercial General Liability $1,000,000 Combined Single Limit (Defense costs shall be in excess of the limit of liability)

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

Ver: 03/2023 15

5.0 SPECIFICATIONS AND SCOPE OF WORK

Description of Services/Scope of Work

1. Title: ECU Health Sciences Student Center Coffee Shop Operations

2. Purpose and Intent: The purpose of this request for proposals is for a full service coffee shop operation to occupy a space in the Health Science Student Center (HSSC) to provide faculty, staff, and students access to food and beverages. ECU intends to establish a turnkey contract with the prospective vendor for the vendor to operate under all the guidelines, policies, procedures, regulations, etc. of ECU, Pitt County (NC), and the State of North Carolina. The coffee shop operator shall offer coffee, tea, hot chocolate, blended ice coffee beverages, whole bean coffee, fresh muffins, pastries, and cookies, and related retail items. The coffee shop operator should offer multiple and secure payment methods from customers including cash, payment card (credit and/or debit), etc. Vendor is requested to give a complete and detailed proposal of this coffee shop operation.

3. Independent Contractor: The relationship of the Contractor and ECU shall be that of an Independent

Contractor. Any and all employees or agents of the Contractor or any other person, while engaged in the performance of any work or services required by the Contractor under these specifications, shall not be considered employees of ECU.

4. Prior Vendor Agreements: ECU has exclusive agreements with other companies which allows them to be the exclusive provider of soft drinks and bottled water (Minges Bottling Group/Pepsi products), food and dining services (Aramark), and snack vending (Canteen). This coffee shop location has been removed from the

Aramark contract but Pepsi related products cannot be offered or sold at this coffee shop location.

5. Program Administrator: ECU Student Affairs/Student Centers serves as Program Administrator (can also be referred to as Contract Administrator) for this contract and will oversee the day to day operations and provide guidance as needed. The Department of Materials Management will assist the program administrator with this contract as needed.

6. Compliance to Applicable Laws, Policies, and Procedures Contractor shall comply with all applicable federal, state and local laws, and the Contractor shall maintain all applicable licenses and permits. Licensee shall abide by all applicable ECU, Pitt County (NC), and State of North Carolina policies and procedures, including but not limited to food safety and alcohol policies.

7. Coffee Shop Main Requirements:

• Hours of Operation - ECU Health Science Student Center normally operates Monday through Friday from

5:00 a.m. to 9:00 p.m. and on weekends from 12:00 p.m. to 8:00 p.m., as of fall 2023. The vendor must propose their hours of operation for the coffee shop. While there is no minimum or maximum expectation of hours of operation, hours of operation will be considered in this proposal that will ultimately be accepted. Vendor will flex hours based on holidays, special events, etc. in coordination with the ECU

Student Center staff. Hours of operation shall be publicly posted including approved signage, website, social media, etc. Vendor’s modification of operational hours can occur upon prior written approval from the Program Administrator or his/her approved designee.

• Historical Data Accessibility – In fiscal year 22-23, the facility traffic count was 164,374. Daily traffic counts for fall 2023 will be provided upon request.

Ver: 03/2023 16

• Location – The location within the building was previously occupied by Starbucks. It is located on the northwestern corner of the first floor of the building across from the information desk and is approximately 1214 sq. ft.

• Marketing — Vendor can collaborate with ECU for marketing of this coffee shop to the campus community. If Vendor desires to use ECU’s name or logo in its branding, ECU related logos must be approved in advance by ECU. Please provide in vendor proposal your marketing strategy.

• Furniture and fixtures – The cabinetry from Starbucks can be kept or torn out. If the cabinetry is kept, vendor must paint it a different color (non-Starbucks colors). The vendor is responsible for providing furniture for the location. All changes to fixtures and furniture must have prior approval by the student center director. Please provide in vendor proposal your furniture and fixtures plan.

• Storage – The vendor has access to HS Student Center Room 109 with a mop sink and three-compartment sink. Please provide in vendor proposal your storage needs and plans.

• Food and Beverage – A full menu, including menu prices and any other fees, shall be provided by the vendor with the proposal. Any price increases must be approved by ECU with thirty (30) days notice to ECU Program Administrator.

• Rent - The vendor’s monthly rent of $500 includes utilities. All rent payments must be received by ECU no later than the first day of each month of operation.

• Technology and Systems Information o Full compliance with the University’s policies for information security, privacy, and acceptable use.

o Full compliance of the University’s data security standards including PCI (Payment Card

Industry) data security standards.

o The coffee shop operator should offer multiple and secure payment methods from customers including cash, payment card (credit and/or debit), etc.

o Please provide in vendor proposal your technology and systems information including equipment, software, accessories, etc.

• Health and Safety – Programs, standards, and human resources policies (training, wellness at work) that promote and enforce safe food handling, proper sanitation, HACCP standards, and health department requirements. Vendor must meet and/or maintain all health and safety regulations, requirements, inspections, etc. of ECU Environmental Health & Safety (EH&S) and

Pitt County (NC) Environmental Health Division, which is a division of Pitt County (NC) Health

Department. Please provide in vendor proposal your health and safety programs, plans, strategies, standards, policies, etc. that fully covers this entire section.

• Other Requirements:

1. The vendor should have an existing off campus restaurant that is comparable to or greater than this type of coffee shop given in this RFP. In addition, the Vendor must have been established for a period of at least one year. In order to provide the best customer service and response time, the vendor’s existing off campus restaurant must be located within 30 miles of the ECU Health Science Student

Center. Please provide in vendor proposal information that covers this section.

2. The Vendor shall be solely responsible for any damage or destruction they may cause to any

University equipment, buildings, or premises and any equipment or facilities leased, lent, or in the care, custody, or control of the University by contactor’s personnel while performing this service. All

Ver: 03/2023 17 repairs/replacements associated with these damages will be completed per East Carolina University requirements and specifications.

3. All services shall be provided in strict conformance with this RFP. Proposed deviations from the RFP strategy must be approved by the University prior to initiating the contract. Any additional fees resulting from the contractor’s negligence or oversight will be absorbed at the contractor’s expense.

The University reserves the right to contract with a third party to correct any contractor negligence or oversight at the contractor’s expense.

5.1 TECHNICAL APPROACH

Vendor’s proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the tasks outlined in this RFP and the Scope of Work section. A description of each task and deliverable and the schedule for accomplishing each shall be included.

6.0 CONTRACT ADMINISTRATION

All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes.

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

The Vendor shall be required to designate and make available to ECU a contract manager. The contract manager shall be ECU’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service.

Contract Manager Point of Contact (Vendor)

Name:

Title:

Full Address:

Office Phone #:

Mobile Phone #:

Email:

6.2 POST AWARD PROJECT REVIEW/CONTRACT PERFORMANCE MEETINGS

The Vendor, at the request of the State, shall be required to meet periodically (such as monthly or quarterly) with the State for

Project Review and/or Contract Performance meetings. The purpose of these meetings will be to review project/contract progress reports, discuss Vendor and State performance, address outstanding issues, review problem…