Amendment 1.rtf

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State of South Carolina

Request for Proposal

AMENDMENT #1

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400018884 1/14/2020

BRITTANY SLOAN

803-737-3410 bsloan@mmo.sc.gov SFAA, Div. of Procurement Services, MMO PO Box 101103 Columbia SC 29211

DESCRIPTION: Fast Food Services USING GOVERNMENTAL UNIT: Midlands Technical College

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov SUBMIT OFFER BY (Opening Date/Time): 1/30/2020 11:00:00 AM (See "Deadline for Submission of Offer" provision) QUESTIONS MUST BE RECEIVED BY: 1/7/2020 2:00:00 PM (See "Questions from Offerors" provision) NUMBER OF COPIES TO BE SUBMITTED: NUMBER OF COPIES TO BE SUBMITTED: Online Submission Preferred. Two (2) online submissions- One (1) Original and One (1) Redacted copy. If submitting on paper, one (1) Original (hard copy) and one (1) Redacted Copy (marked “Redacted”) via USB Drive. Initial here if NO redacted copy is necessary _______ (See Section II A “Submitting Confidential Information” clause, and Section IV “Submitting Redacted Offers” clause.)

CONFERENCE TYPE: Pre-Proposal Conference

DATE & TIME: 1/7/2020 10:00:00 AM

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Midlands Technical College Conference Rm CT-238 151 Powell Rd Columbia, SC 29203

AWARD & AMENDMENTS

Award will be posted on 02/18/2020. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your Offer. By signing, you agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of ninety (90) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer) Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

SAP

SAP

PAGE TWO

(Return Page Two with Your Offer) HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code - Number - Extension Facsimile

_________________________________________________ E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one) ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision) Amendment No.

Amendment Issue Date Amendment No.

Amendment Issue Date Amendment No.

Amendment Issue Date Amendment No.

Amendment Issue Date

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause) 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): Preferences do not apply. See SC Consolidated Procurement Code Reference 11-35-1524 (E) (2)

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Preferences do not apply. See SC Consolidated Procurement Code Reference 11-35-1524 (E) (2)

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)

PAGE TWO (SEP 2009)

End of PAGE TWO

AMENDMENTS TO SOLICITATION (JAN 2004)

The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. [02-2A005-1] Questions from Offerors - amendment (Jun 2017) The solicitation is amended as provided herein. Information or changes resulting from questions will be shown in a question-and-answer format. All questions received have been reprinted below. The “state’s response” should be read without reference to the questions. The questions are included solely to provide a cross-reference to the potential Offeror that submitted the question. Questions do not form a part of the contract; the “state’s response” does. Any restatement of part or all of an existing provision of the solicitation in an answer does not modify the original provision except as follows: underlined text is added to the original provision. Stricken text is deleted. [02-2a097-1]

QUESTIONS RECEIVED & ANSWERED

FOR RFP 5400018884

Fast Food Services

Clause “MAXIMUM CONTRACT PERIOD - ESTIMATED (Modified)”

1.This clause lists a contract end date of 1/24/2023. The second renewal option is not for a full year. This a very particular end date and renewal term. What is the reason that the contract has such a specific end date?

Answer: there is another food services contract in place for the other campuses and we wanted to ensure that all contract expire at the same time so all campuses can be addressed simultaneously next bid period.

2. This clause lists a contract end date of 1/24/2023. The second renewal option is not for a full year. This a very particular end date and renewal term. The contract for similar services under Solicitation number 5400009801 has a seven-year term. Why does this solicitation have a shorter term?

Answer: see response to question one (1) above

Part III.A – Clause “GENERAL”

“Prices shall remain at reasonable levels and shall be fixed for the first year of the contract.”

3. The use of the word “reasonable” in this provision implies that the proposal will be evaluated based on the prices of the fast food products sold pursuant to the license awarded by this contract. The Pricing Spreadsheet in Attachment B, however, does not allow the Contractor to list its prices for the fast food products sold pursuant to the contract. Does this mean the prices of the fast food products sold pursuant to the license awarded by this contract will be evaluated only as part of the “Technical Quality of the Proposal” (Part IV – Clause “Evaluation Factors”)? If so, does a responsive technical proposal need to include a complete menu with prices?

Answers: Submissions will be evaluated based on the evaluation factors listed in section VI., Subsection Evaluation factors—Proposals (Jan2006). Attachment B is a pricing Guideline to aid in the construction/format of your cost proposal submission. See the instructions line at the top of the attachment. Regarding menus, please see section IV. Information for Offerors to submit- Evaluation (Modified); Subsection-Organizational Experience and Capabilities, #4.

4. The phrase “fixed for the first year of the contract” strongly suggests that the Contractor may change the prices of the fast food products sold pursuant to this contract. The prices of the fast food products sold pursuant to the license awarded by this contract, however, do not appear to meet the definition of “price” as used in this contract. “Price” as used in this contract appears to refer to the “% Commission” the Contractor offers in the Attachment B – Pricing Spreadsheet. Accordingly, will a change in the prices of the fast food products sold pursuant to the license awarded by this contract be made as a Change Order, a Contract Modification under Part VII.B.1 – “CHANGES”, a Price Adjustment under the “PRICE ADJUSTMENT” Clauses in Part VII.B, or some other mechanism?

Answer: “Fixed for the first year of the contract” as stated in scope is elaborated in Section VII. Terms and Conditions-B. Special- subsection Price Adjustments- Limited-After Initial Term Only (Jan 2006).

There is no definition for “Price” specifically within the solicitation document.

Any price adjustment requests submitted during the resulting contract for this project must adhere to the criteria for price adjustments listed within the solicitation as well as be approved by the procurement officer. These adjustments are typically issued in change order format.

Part III.A – Clause “GENERAL” “Any enhancements offered above the necessary service equipment, which becomes part of the contract will become the College’s property at the termination of the contract (i.e., lighting, fixtures, etc.).”

Part VII.B – Clause “CONTRACTOR'S USE OF STATE PROPERTY (Modified)” “Contractor shall at the time of termination of the contract, promptly remove at its own cost and expense and without damage to the buildings or property all movable auxiliary equipment furnished and installed by it under the terms of this agreement and shall further restore in good order and condition those areas utilized for these operations. A listing of all such equipment shall be provided to the Director of Auxiliary Services upon commencement of any contract resulting from award of this RFP.”

5. When reading these clauses together, it is not clear if the “enhancements” referenced in Part III.A – Clause “GENERAL” must be listed as part of the contractor’s offer in response to this Request for Proposal. Must these “enhancements” be listed in the offer? If so, does award of the contract constitute approval to proceed with the enhancements? If not, then please clarify the enhancement approval process?

Answer: The clauses are not meant to be read together. Any and all enhancements or equipment installations must be proposed in your technical proposal. Should a site visit need to be done, a contact name and number have been provided in section II B of the solicitation under “Site Visit- By Appointment” The awarded contract will have a pre- performance meeting with the requesting agency to discuss all aspects of the contract to include enhancements.

6. When reading these clauses together, it is not clear if the equipment provided by the Contractor will become the College’s property. The Clause “CONTRACTOR'S USE OF STATE PROPERTY (Modified)” strongly implies that the Contractor retains title to and possession of the equipment it brings to the College to perform the contract. The Clause “GENERAL,” though, in relevant part states “the necessary service equipment, which becomes part of the contract will become the College’s property at the termination of the contract….” The verb “becomes” only has subject-verb agreement with the word “equipment,” not the word “enhancements.” Therefore, the Clause “GENERAL” can be read to mean that the College retains at least possession of the equipment the Contractor provides. Kindly, please clarify whether the Contractor will be able to keep title and possession of the equipment it provides to perform the services required under this Contract.

Answer: Any permanently affixed items such as seating, lightings, etc., becomes MTC property. Any removable items are property of the contractor and shall be removed at the end of the contract.

Part III.H – Clause “CATERING SERVICES”

7. Each semester, how may “events” of the type referenced in this clause require catering?

Answer: no additional events “require” catering. The vendor has the opportunity to participate.

The quantity is unknown.

Part III.N – Clause “CONTRACTOR’S RESPONSIBILITY”

“b) Advise the College of required equipment purchases or replacements and assist in preparing necessary specifications for same….

e) Initiate calls for services on established contracts such as equipment repair on behalf of the College.”

8. Under Part III.A – Clause “GENERAL” and Part VII.B – Clause “CONTRACTOR'S USE OF STATE PROPERTY (Modified)” it appears to be a requirement that the Contractor provide all necessary equipment to provide fast food under this contract. What is an example of the “equipment” referenced in this Part III.N – Clause “CONTRACTOR’S RESPONSIBILITY”?

Answer: This space currently is set up as breakroom with vendor machines. Therefore, it is a blank slate – no equipment. We are looking for your ideas/proposal on how to transform this area in a café to provide fast food.

Part IV – Clause “TECHNICAL ASPECTS OF PROPOSAL”

“3. Describe the facilities to be operated, including an assessment of how the services will be provided.”

9. This clause refers to “the facilities to be operated….” Is this meant to refer only to the facilities listed in Part III.D – Clause “DESIGNATED FACILITIES”? If not, then please clarify what the Contractor must include in its offer to meet this requirement in its Technical Proposal.

Answer: this refers to only the facility(s) listed within the solicitation

Part VI – Clause “EVALUATION FACTORS -- PROPOSALS (JAN 2006)”

10. What weights (percentages) will the State assign to each of the three categories of evaluation factors?

Answer: The state is not releasing weights at this time however, the evaluation factors are listed in order of importance.

Part VI – Clause “CALCULATING THE PRICE/BUSINESS PROPOSAL”

“______% commission (minimum of 12%) x $252,283.00* / annually = $_________x 5 years = $_________ (*Actual yearly totals will be based on actual annual sales. This figure is estimated for the purposes of scoring)”

11. What is the basis of the figure “$252,283.00?” Does it reflect fast food sales pursuant to a contract under Solicitation number 5400009801 at another of the College’s campuses?

Answer: it is an example figure only; other solicitations have no direct effect on the scope of this project.

ALL OTHER TERMS, CONDITIONS, BIDDING INSTRUCTIONS, AND SPECIFICATIONS REMAIN UNCHANGED. IF THERE ARE ANY QUESTIONS OR IF ANY CONFUSION OR UNCERTAINTY ARISES AS A RESULT OF THIS AMENDMENT, IT IS THE SOLE RESPONSIBILITY OF THE OFFEROR TO CONTACT THE PROCUREMENT OFFICER FOR CLARIFICATION. CONTACT INFORMATION CAN BE FOUND IN THE TOP RIGHT HAND CORNER OF THE COVER PAGE OF THIS AMENDMENT. REFERENCE THE “DUTY TO INQUIRE” CLAUSE IN THE ORIGINAL INVITATION FOR BID.