Amendment 2.doc

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State of South Carolina Request for Proposal Amendment 2 (Only items highlighted in yellow or Q&A are subject to additional questions.)

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400019004 2/11/2020

MELISSA MIMS

803-737-0983 mmims@mmo.sc.gov SFAA, Div. of Procurement Services, MMO PO Box 101103 Columbia SC 29211

DESCRIPTION: Dining Services

USING GOVERNMENTAL UNIT: Coastal Carolina University

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov

SUBMIT OFFER BY (Opening Date/Time): 03/04/2020 11:00 AM (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 02/14/2020 @ 5:00 PM (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: One (1) Electronic Technical Proposal, One (1) Electronic Business Proposal, One (1) Electronic Redacted Copy of Technical Proposal marked "Redacted", One (1) Electronic Redacted Copy of Business Proposal marked "Redacted", (See “Submitting Redacted Offers” provision Section IV, “Submitting Confidential Information” Section II.A., & “Electronic Copies-Required Media and Format” provision Section II. B.) Initial here if NO redacted copy is necessary___________

CONFERENCE TYPE: Non-Mandatory Pre-Proposal

DATE & TIME: 01/29/2020 @ 10:00 AM

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Coastal Carolina University Lib Jackson Student Union

100 Spadoni Park Circle

Conway SC 29526

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 one hundred fifty (150) 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)

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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)

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): Preferences do not apply to Request for Proposals per SC Consolidated Procurement Code Section 11-35-1524, part (5)

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Preferences do not apply to Request for Proposals per SC Consolidated Procurement Code Section 11-35-1524, part (5) ____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

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 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 PROVISON. STRICKEN TEXT IS DELETED. [02-2A097-1] Questions and Answers

1. Is there a set dollar value for meal exchange(swipe) in retail location or varied by location based on equivalent meal (entrée, side, drink)?

Answer: Meal exchange/swipes values are varied by location based on equivalent meal that usually consists of an entrée, side, and drink.

2. Is the value of the meal swipes at retail locations included in the retail sales in section 2.2.1 or only under board sales?

Answer: Only under board sales.

3. Please provide the sales report by tender for retail, concessions, and door sales for AYCTE facilities to break out the meal swipes, dining dollars, cash/charge.

Answer: This information is not available in the format and breakdown requested. See answer to question #73.

4. Please provide the breakdown sales for Road Rooster for concession sales versus retail sales on campus.

Answer: This information is not currently available.

5. Sales Figures section 2.2. Please provide sales breakdown for CINO Grille – Freshens, Grille Works, Salad Station, Queso Corner, Sushi

Answer: This information is not available due to the way sales payments are collected in a centralized location in CINO Grille. See answer to question #73 for additional information.

6. Sales figures section 2.2 retail sales. Please provide sales for Pie by Night broken down to Pie by Night1 and Pie by Night 2.

Answer: Those sales are for Pie By Night only and not Pie by Night 2 as it is a new location that came online during Fall 2019.

7. Sales figures section 2.2 Page 19- Please provide clarification in the difference in total sales reported for FY 2019. RFP provides a total FY19 sales of $21,742,072 and actual calculations equal $19,742,072. There is a $2M variance in the retail sales.

Answer: Total sales for FY2019 were $19,742,072.

8. Sales Figures section 2.2 – Is the Science Center currently in operation as it shows $0 sales in FY19.

Answer: The Science Center does not currently have a food service location.

9. Please provide the total number of billable board operating days per semester.

Answer: There are currently 119 billable board operating days.

10. At Chauncey’s Choice can we get clarification on who pays for the NCAA athletic program dinner meals.

Answer: The regulary scheduled dinners are paid for using meal swipes, CINO Cash, debit/credit, or cash by the patrons attending the dinner. For the pre- and post-competition meals that fall outside of the regular schedule, the departments and teams that are participating pay for the meal.

11. Is it possible for the submission deadline to be extended for an additional week to March 3rd 2020?

Answer: If the State determines that more time is needed, then the submission deadline will be extended.

12. Phase I: Technical and Financial Proposal page 70. Please provide the percentage weight or total points for each section of the evaluation criteria

Answer: The State will not release the weights or total for each section however the evaluation factors are stated in the relative order of importance with the first being the most important.

13. Please provide the schedule for the brand refresh of the national brands and total cost for the refresh of each brand. Will the cost be paid by Coastal Carolina University or the contractor?

Answer: Brand refreshes of the national brands have been postponed until after the award of the contract resulting from this RFP. The cost is to be paid for by the University utilizing the funding required per this RFP regarding renovations, repairs, and construction described in 3.23.9.7.

14. Is the Pie by Night 1 location in HTC used as a concession stand during games?

Answer: Yes.

15. Are we allowed to use CCU’s images and logos in our proposal and presentation?

Answer: University images and logos that have been obtained by potential offerors via normal University permission protocols prior to the issuance of this RFP would be acceptable. However, the University will not release any additional images and logos to potential offerors until after the RFP bid opening.

16. Are the current dining services employees a part of a collective bargaining agreement?

Answer: No.

17. Is there any language in the current contract regarding a fee or cost to the University if an incoming contractor hires a manager from the incumbent?

Answer: There is no such language in the current contract.

18. Tab 2- Company experience and Reference Accounts question 1) Are we allowed to narrow this down to a geographic region? We have hundreds of accounts throughout the country.

Answer: No, see answer to question #44.

19. Can you kindly provide CAD and PDF files for all the dining service locations?

Answer: PDF files for the following locations have been provided as a separate PDF with the file name “Attachment 1_CADs”:

· Hackler Grille

· POD Express

· Einstein’s Bros. Bagels

· Brooks Stadium – East Side only

· Chauncey’s Choice

· Hicks Dining Hall

· HTC Center

· Lib Jackson Student Union

20. Have customer service survey’s and NACUFS survey’s been conducted within the past three years? Can you kindly provide the results of the survey?

Answer: Customer service surveys conducted by the current contractor are proprietary. No outside groups have been commissioned to provide customer service surveys regarding food service operations.

21. Contractor requests modification of Sections 3.8.1.1 and 3.8.1.2 on page 31 of the RFP to reflect that Contract will be responsible to provide foods service operations under emergency and/or unpredicted circumstances, to the extent that the safety and security of any Contractor food service employees is not put at risk.

Answer: As indicated in section 3.8.1.3, the Contractor has the responsibility of continuity of food service operations for the University and must submit emergency operations plans on an annual basis.

22. Contractor requests clarification at Section 3.16.5 “Purchasing by the Contractor” on page 41 to reflect that Contractor’s manufacturers, suppliers and distributors provide rebates, allowances, and other payments to Contractor based on Contractor's purchasing commitments, aggregate growth incentives and other factors. Prompt payment discounts and all rebates, allowances and other payments obtained from manufacturers, suppliers and distributors, shall be retained by Contractor

Answer: As stated in section 3.16.5.1, the University would expect that pricing and invoicing would reflect discounts, commissions, and or rebates gained by the Contractor as a result of its contract with the University.

23. Contractor requests clarification of Section 3.16.5 “Purchasing by Contractor,” Subsection 3.16.5.4 on page 41 and Section 4.2 “Purchasing by the Contractor,” Subsection 4.2.4 on page 54 of the RFP to reflect that Contractor has entered into agreements with many vendors and suppliers of products which (i) give Contractor the right to inspect such vendors' and suppliers' plants and/or storage facilities and (ii) require such vendors and suppliers to adhere to standards to ensure the quality of the products purchased by Contractor for or on behalf of University. University shall not require Contractor to use products from non-Contractor approved vendors.

Answer: Sections 3.16.5.4 and 4.2.4 both contain the wording “whenever possible and financially responsible”.

24.

Contractor requests clarification with respect to Section 3.22 “Personnel,” Subsections 3.22.3, 3.22.4, 3.22.5, 3.22.10.2 and 3.22.10.3 on page 46 of the RFP in that, in order to avoid employee allegations or claims of wrongful termination, discrimination, etc., any approval and/or request for removal of Contractor’s employees by the University shall, in addition to being made in writing and not in violation of any applicable state or federal laws, shall also be administered in accordance with Contractor’s personnel policies pertaining to such matters.

Answer: Food service operation personnel are employees of the Contractor and the University understands that hiring and dismissal procedures are the responsibility of the Contractor under the Contractor’s personnel policies.

25.

Contractor requests clarification of Section 3.22 “Personnel,” Subsection 3.22.19 on page 48 of the RFP to reflect that such non-hire provision be limited to the hiring of either party’s management employees to provide food services at the Premises.

Answer: The University does not agree to add “at the Premises” to section 3.22.19.1.

26.

Contractor requests clarification with respect to “Selection of Management Staff” Part (a) on page 34, in that University understands that Contractor cannot prevent any employee from applying for a position which will take him/her away from University’s Food Service operations.

Answer: The University is unable to locate the section this question is in reference to.

27.

Contractor requests clarification with respect to Tab 2 “Company Experience and Reference Accounts,” Numbers 1 and 3 on page 59, and at “Qualifications – Required Information” on page 68 of the RFP, in that many of the contracts (omitted) has in place with its clients limit (omitted) disclosure of the contents of the contracts only to those individuals within the immediate organization who require the information to fulfill the terms of the contract. For this reason, (omitted) is unable to disclose to University a complete list of current and/or terminated college and university accounts with contact information.

Answer: Offerors are advised to review the Submitting Redacted Offers clauses on page 68 of the Request for Proposal. If

28. Contractor requests clarification at “Assignment, Novation, and Chane of Name, Identity, or Structure” on page 71 of the RFP to reflect that the resulting Agreement may be assigned by Contractor without the written consent of the University and without being released from any of its responsibilities hereunder, to any affiliate or wholly-owned subsidiary of Contractor.

Answer: The University does not agree to revisions to the Assignment, Novation, and Change of Name, Identity, or Structure clause. Offerors are reminded to review the Signing Your Office clause on page 9 of the Request for Proposal.

29. Contractor requests the following modifications to “Contractor’s Liability Insurance – General” on page 76 of the RFP:

(a) Without limiting any of the obligations or liabilities of Contractor, Contractor shall procure from a company or companies lawfully authorized to do business in South Carolina and with a current A.M. Best rating of no less than A: VII, and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work and the results of that work by the contractor, his agents, representatives, employees or subcontractors.

(b) Coverage shall be at least as broad as:

(1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 04 13 covering CGL on an "occurrence" basis, including products-completed operations, personal and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the general aggregate limit shall be twice the required occurrence limit. This contract shall be considered to be an "insured contract" as defined in the policy.

(2) Auto Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.

(3) Worker's Compensation: As required by the State of South Carolina, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

(c) Every applicable Using Governmental Unit, and the officers, officials, and employees and volunteers of any of them, must be covered as additional insureds, to the extent that they are vicariously liable for the negligent acts of the Contractor, on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as ISO Forms CG 20 10 11 85 or if not available, through the addition of both CG 20 10 04 13 and CG 20 37 04 13 or a blanket additional insured endorsement providing similar coverage. if a later edition is used.

(d) For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the State, every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of any of them. Any insurance or self-insurance maintained by the State, every applicable Using Governmental Unit, or the officers, officials, employees and volunteers of any of them, shall be excess of the Contractor's insurance and shall not contribute with it.

(e) Prior to commencement of the work, the Contractor shall furnish the State with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates are to be received and approved by the State before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The State reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this section, at any time.

(f) Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. In addition, the Contractor shall notify the State immediately upon receiving any information that any of the coverages required by this section are or will be changed, cancelled, or replaced.

(g) Contractor hereby grants to the State and every applicable Using Governmental Unit a waiver of any right to subrogation which any insurer of said Contractor may acquire against the State or applicable Using Governmental Unit by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the State or Using Governmental Unit has received a waiver of subrogation endorsement from the insurer.

(h) Any deductibles or self-insured retentions must be declared to and approved by the State, which shall not be unreasonably withheld. The State may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

(i) The State reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Should the State make changes to the insurance requirements, the agrees to accept any changes to the financial aspects of this Agreement made by the Contractor resulting from such changes. [07-7B056-2].

Answer: The University recognizes that certain referenced ISO form numbers in this clause may have more recent revisions and would be accepting of such newer revisions. Offerors should add to the Appendix any potential negotiated items it wishes to discuss relative to insurance during the negotiations phase with the highest ranked offeror.

30. Contractor requests modification of “Default” on page 77 of the RFP to reflect that Contractor may also terminate the contract if the State fails to make payment when due, and such failure is not remedied within ten (10) days of receipt of written notice from Contractor of such default.

Answer: The University does not agree to revisions to the Default clause. Also see response to question 34.

31. Contractor requests modification of “Indemnification-Third Party Claims – General” on page 78 of the RFP, to reflect that Contractor’s obligation to indemnify the Indemnitees shall be limited to those liabilities resulting from the negligence of Contractor in the performance of its obligations under the Agreement and shall in no event extend to those liabilities resulting from the acts or omissions of the Indemnitees.

Answer: The University does not agree to these revisions.

32. Contractor requests modification of “Pricing Data – Audit – Inspection” Part (b) on page 79, to reflect that any such audit shall be at University’s expense.

Answer: The University does not agree to revisions to the Pricing Data – Audit – Inspection clause. Offerors are reminded to review sections 4.4 on page 55, and 4.12 and 5 on page 57 of the Request for Proposal.

33. Contractor requests modification of “Term of Contract – Termination by Contractor” on page 80 of the RFP, to reflect that Contractor may terminate the contract for convenience by providing at least 180 days prior written notice to the Procurement Officer.

Answer: The University will revise the Term of Contract – Termination by Contractor clause as follows:

Contractor may terminate this contract by providing the Procurement Officer notice of its election to terminate under this clause at least 270 days prior to the termination date.

34. Notwithstanding anything to the contrary contained in the RFP, Contractor requests clarification to reflect that invoiced amounts shall be due and payable by University no more than thirty (30) days following date of invoice.

Answer: Per S.C. Code of Laws (Section 11-35-45), the University is responsible for the payment of all goods and services within thirty (30) work days after the acceptance of the goods or services and proper invoice, whichever is received later.

35. Certifications: Due to the breadth, size and complexity of certain contractors’ operations and the breadth of the certification question asked in Section (a)(1)(ii) under Certification Regarding Debarment and Other Responsibility Matters in the General Instructions to the RFP, we respectfully request that the State and University acknowledge that contractors with hundreds of government clients in multiple lines of business throughout the United States may not be able to certify that no contract has been terminated for default in the past three years by any public entity at the Federal, state or local level. From time to time, clients may allege a breach of a contractor’s obligations under a services agreement, and that agreement will ultimately be terminated based upon the mutual agreement of both parties. However, such a contractor would be able to certify that none of those terminations would materially affect its ability to perform the Services requested under the RFP and that it would provide prompt written notice to the University in the event that it was debarred for the award of contracts by any state or federal agency.

Answer: The State and University requests submission as requested with sufficient information regarding the termination.

36. Insurance: Would the following language be acceptable with regards to insurance policies if selected?

In order to secure the best possible coverage, Contractor’s insurance policies are obtained for the entire corporation as a whole and, where required by contract, liability policies include clients as additional insured parties. Additionally, Contractor can only be contractually obligated to notify clients of cancellation of coverage, not amendments or modifications that would have no impact on our operating contracts. However, Contractor will provide certificates evidencing each of the insurance policies (but not copies or summaries of the policies) that will be maintained in compliance with the provisions of the RFP upon request by the University. Finally, Contractor reserves the right to determine, at its sole discretion, its own confidential deductibles and Self-Insured Retentions. Contractor’s deductibles are reasonable for a company of its size, and Contractor has the financial strength to fund the deductibles it has chosen.

Contractor will "include" the University as an "additional insured" to the extent that the University is liable for losses arising out of Contractor’s negligent acts or omissions in performing services under the agreement between the parties.

Answer: Offerors should add to the Appendix any potential negotiated items it wishes to discuss relative to insurance during the negotiations phase with the highest ranked offeror.

37. Background Checks: Will the following statement with regard to background checks be acceptable?

With respect to employees that it intends to place on the University’s premises, Contractor shall comply with its own employment background check process, including ensuring that background checks are conducted on all personnel who are expected to come onto the client's premises to perform services, consistent with the duties and responsibilities associated with such individuals' positions, locations of work and other factors. These background checks, at minimum, will include criminal history and national and state sexual offender registry checks, checks against certain governmental databases, a past address search and any other background checks required by applicable law, When reviewing background check results for employment purposes, all appropriate factors are considered, including those required by applicable law. Contractor will not discriminate on the basis of criminal history, credit history, or other prohibited factors. Contractor shall comply with all applicable federal, state and local laws regarding background checks.

Contractor cannot share the results of the background check (as they pertain to individual employees) with the University but will comply with its process referenced above in determining whether any particular employee may be placed in service on the University’s premises.

Answer: Yes.

38. Indemnification: We respectfully request that the State and University consider adding the word “negligent” between the words “any” and “act” in the first sentence of the “Indemnification – Third Party Claims – General” provision set forth on page 78 of the RFP.

Answer: The University does not agree to these revisions.

39. Cost Structure: We respectfully request that the following language be considered for incorporation into the RFP and the associated agreement to more clearly define the calculation of a profit-splitting financial arrangement and reimbursement for allowable program expenses as referenced, principally, in Sections 4.1, 4.5, and 4.6 of the RFP and the required information for Item 6 of Tab 4 in the Proposal:

“Financial Arrangement: With respect to the profit split proposed by Contractor in our proposal, Contractor’s profits are intended to be calculated by subtracting Contractor’s Reimbursable Costs and Service Fee (plus any loss carryforward from prior operating years) from gross receipts, as described more fully below.

Contractor, as a Direct Cost, will be responsible for (a) maintenance of inventories of small expendable equipment and servicewares, (b) compensation (including wages and salaries, vacation (including earned but unpaid vacation) and holiday pay, and other paid time off for Contractor employees assigned to duty on Client’s premises) and related payroll costs for Contractor personnel assigned to duty on University’s premises, (c) all food, supplies and services utilized in the dining services program, (d) an amount equivalent to the value, if any (as determined by Contractor invoice prices), by which closing inventory for which the University has not been billed is greater than the opening inventory, (e) the cost of all licenses, permits and all sales, use, excise, state and local business and income taxes, including an estimated amount for state income taxes based on the operating unit's income, (f) the amortization expense of any financial commitment made by Contractor, (g) any commissions payable to the University and (h) any other Direct Costs incurred by Contractor attributable to Contractor’s dining services operations of the University. Contractor shall be entitled to reimburse itself from gross receipts for all Reimbursable Costs (hereinafter defined) incurred by Contractor in providing services pursuant to the agreement between the parties, including its Allocated Charges.

Contractor shall charge the University an Allocated Charge for providing insurance coverage required under the agreement and related services; human resource services and fringe benefits for employees; proprietary materials; and the development, implementation, operation and maintenance of Contractor’s information technology system. In addition, Contractor shall receive an administrative expense charge equal to ____ percent (__%) of _____________ received by Contractor in operating the dining program and other services pursuant to the agreement, including, without limitation, the amount paid to Contractor for board plan patrons, receipts from cash operations and receipts from catering sales (the “General and Administrative Expense Allowance”) and a service fee of _______ percent (___%) of ___________ (the “Service Fee”).

Contractor, on behalf of University, shall purchase and pay for, as a Direct Cost, all food, supplies and services utilized at University.

“Direct Costs” shall be defined as all costs and expenses incurred by Contractor directly attributable to services provided under the Agreement. “Allocated Charge” shall be defined as a charge established by Contractor, which is reasonably allocated to University, for certain services provided by Contractor to client locations and as set forth herein. “Reimbursable Costs” shall be defined as the Direct Costs, Allocated Charges, and General and Administrative Expense Allowance to be charged to University under the agreement between the parties.”

Answer: No. The University believes that the language utilized in Section 4 provides clear expectations for the financial arrangement.

40. Termination and Unamortized Investment: We respectfully request that the State and University consider the following termination and unamortized investment language be incorporated into this RFP and any associated agreement, to the extent that the University intends to accept investment funding from its dining services provider:

“In consideration of University’s agreement enter into this Agreement with Contractor under the terms set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor shall make a financial commitment in an amount up to $_____________ (the “Financial Commitment”) for dining facility projects and for the purchase and installation of dining services equipment, area treatment, signage and marketing materials and other costs associated with the dining services program on Contractor's premises. Any equipment purchased by Contractor on Contractor’s behalf shall be purchased as a “sale-for resale” to Contractor. Contractor shall hold title to all such equipment (with the exception of those items which bear the name of Contractor, its logo, or any of its logo, service marks or trademarks or any logo, service marks or trademarks of a third party) upon such resale. The Financial Commitment shall be amortized on a straight-line basis over a period of ________ years, upon commencement of the Agreement.

Upon termination of this contract prior to the end of the contract term by either party for any reason whatsoever, the University will reimburse the Contractor for the unamortized balance of the Financial Commitment as of the date of the termination.”

Answer: The University does not agree.

41. RFP As Binding Offer: Subsection (d) of “Contents of Offer (RFP) (Modified)” states that certain items “over and above the specific information requested in the solicitation” may be negotiated if those terms are identified in the “appendix” submitted with the proposal. Please clarify whether a bidder would be allowed to submit certain additional or clarifying contract terms for negotiation as part of its response without disqualifying its offer, and whether the State and University would be willing to negotiate the terms and conditions identified by a bidder in its appendix subsequent to the bid-due date and prior to finalization and execution of any contract.

Answer: Questions concerning the Request For Proposal’s standard terms and conditions are to be submitted during the question phase, such as has been addressed in other responses contained in this amendment. Any negotiations, as addressed by the Discussions And Negotiations clause of the Request For Proposal, would generally involve price and matters affecting the scope of the contract. No negotiations will be addressed prior to the offer due date.

42. Horry County EMD Contract: Please confirm your expectation that the terms of any support contract with Horry County EMD would be similar to those contained in the existing contract with your current contractor.

Answer: Expectation is that the terms will be similar.

43. Financial Assumptions: Please confirm that Section 8.1 of the RFP is intended to preclude financial offers with added requirements, terms or conditions which are atypical of those assumptions which would underlie a typical financial and operating model for a comparable university dining program (such as a buyback clause).

Answer: Section 8.1 of the RFP is intended to preclude financial offers with added requirements, terms or conditions.

44. List of Current Accounts: To ensure a more relevant baseline of comparable accounts, would the University be willing to accept, in response to Item 1 of Tab 2 (“Company Experience and Reference Accounts”), a list of those college and university accounts operated by the Offeror which are similar in terms of size, volume, and complexity to the University’s dining services program?

Answer: Yes.

45. Information Technology Solution: Please confirm that the selected provider will be expected to work closely with the University to develop an information technology solution that best meets the needs of the University and that items that are in-scope for PCI compliance, from the provider’s perspective, will ultimately depend upon the solution that the parties agree upon.

Answer: The Contractor will be expected to work closely with the University’s Information Technology Services area with regards to the Contractor’s information technology resources. The stipulations of sections 3.21.2 and 3.21.3 of the Request For Proposal must be adhered to.

46. USB Submission: Please confirm that USB drives are not required if an electronic submittal via the SCEIS website is used.

Answer: If submitting through SCEIS website, you are not required to submit USB drives. However, if you elect to submit

47. Dining Dollars: Please confirm who retains unused Dining Dollars at the end of each semester.

Answer: The Contractor retains any unused dining dollars that were issued as part of the meal plan purchased. Extra Dining Dollars, also known as reloaded dining dollars, do not expire and roll over at the end of the semesters.

48. In Hicks Dining Hall, is the hood working?

Answer: Yes.

49. Where do the majority of athletes reside?

Answer: Athletes that reside in University Housing are spread-out throughout all the different residential buildings. Not all athletes are required to live in University Housing.

50. Can you further breakdown the CINO Grill sales by location:

Freshens

Grillworks

Queso Corner

Sushi

Salad Bar

Answer: See answer to question #5.

51. Please provide CINO Grill swipes in 2019 by daypart - breakfast/lunch/dinner.

Answer:

· Breakfast – 29,062

· Lunch – 123,213

· Mid-Afternoon – 58,235

· Dinner – 126,409

· Late Night – 4,909

52. What are the meal Plan requirements for students living in the Cove apartments?

Answer: The Cove Apartments are not owned nor managed by the University.

53. What is the fall 2019 occupancy for the Cove apartments?

Answer: See answer to question #52.

54. For voluntary meal plans purchased in 2019 – how many meal plans were purchased by guests living in university owned/affiliated housing?

Answer: Voluntary meal plans purchased by residents of University Housing that were not required to purchase a meal plan were 589 in the Spring of 2019 and 700 in the Fall of 2019.

55. What is the total capacity and average attendance for the following athletic venues:

a. Brooks Stadium (Football/Lacrosse)

b. Soccer Stadium

c. HTC Center (Basketball/Volleyball/Commencements/Concerts)

d. St. John Stadium (Softball)

e. Springs Brooks Stadium (Baseball)

Answer:

a. Brooks Stadium (football/lacrosse) - capacity: 20,000; average: 15,000 for football

b. Soccer Stadium – capacity: 350; average: 200

c. HTC Center (basketball/volleyball/commencements/concerts) – capacity: 3,600;

average: 750

d. St. John Stadium (softball) – capacity: 500+; average: 200

e. Springs Brooks Stadium (baseball) – capacity: 6,000; average: 1600

56. When are mandatory brand refreshes due for the following:

f. Chick Fill A

g. Einstein Bros Bagels

h. Starbucks

i. Freshens

Answer: Brand refreshes of the national brands have been postponed until after the award of the contract resulting from this RFP.

57. Page 19 of the RFP shows $0 sales in 2019 for the Science Center. What are the plans for this space?

Answer: Currently, there are no plans for food service in the Coastal Science Center.

58. Please provide the declining balance sweep for the prior three years.

Answer:

· Fall 2017: $105,940.15

· Spring 2018: $101,037.67

· Summer 2018: $33,291.97

· Fall 2018: $240,922.06

· Spring 2019: $95,972.43

· Summer 2019: $13,183.19

59. Please confirm – for the electronic submission – each tab can be uploaded individually to the SCEIS system.

Answer: Yes, you can upload each tab individually.

60. Are any dining service facilities financed with tax-exempt bonds?

Answer: No.

61. If any facilities have been financed with tax-exempt bonds, what changes does Coastal Carolina University anticipate making to the financial structure described in the RFP in order to meet safe harbor guidelines under IRS Rev. Proc. 2017-13?

Answer: Not applicable.

62. Electronic submission

· Shall we submit each tab separately on the SCEIS system?

Answer: See Question 59

· What is the file size limit, if any?

Answer: 10 MB

63. Please breakdown the campus population for the fall 2018, spring 2019, fall 2019, and spring 2020 semesters by enrollment status

Undergraduate students – on campus

Undergraduate students – off campus

Graduate students – on campus

Graduate students – off campus

Administration / faculty / staff

Answer: The information requested is not available in such a format. Please refer to Section 1.2 Enrollment of the RFP that includes Fall and Spring Demographic Trends for 2015 – 2019.

64. Please breakdown the campus population by the type of housing

Answer: Numbers have been inserted into the matrix.

(*Note: Students that reside in University Place can be second year students who are required to have a meal plan as well as third year and beyond students who are not required to have a meal plan.)

65. Please estimate the percentage of the residential population that is not on campus for weekends.

Answer: The University does not estimate weekend populations due to the large fluctuations resulting from events such as holidays, breaks, athletics and cultural events.

66. Will the vendors be provided with the opportunity to meet one-on-one with campus leadership and students?

Answer: No. Please see the Prohibited Communications and Donations section on page 8 of the RFP.

67. Please outline the projected undergraduate enrollment growth for each of the next five years

· Residential

· Commuter

Answer: At this time, a flat (no increase) enrollment should be used for the RFP.

68. How many residential-life staff live in student housing? Such as: RAs, RDs, RHCs. ________________.

Answer: Currently, 114 Resident Assistants and 12 Community Coordinators live in University Housing.

69. Please detail any plans to increase the residential student population that will be required to be on a meal plan.

Answer: There are no plans at this time to increase the residential student population that will be required to be on a meal plan.

70. What residence halls, if any, will be renovated or demolished over the next seven years?

Answer: At this time, there are renovations planned for the next seven years, but they will not yield a net increase in the number of housing beds available.

71. What new residence halls, if any, will be added over the next seven years? If applicable, how many beds will be added?

Answer: At this time, there are no planned new residence halls.

72. Are any new classroom buildings scheduled to be added in the next three years?

Answer: Per the current University master plan, there are additional buildings that will begin construction in the next 3 years. The CCU Master Plan is available at the following URL: https://www.coastal.edu/masterplan/

73. Please provide a two year sales history for the following by tender:

a. Residential Dining (Hicks Dining Hall)

Meal Plan Swipe

Dining Dollars

Cash

Credit / Debit

b. Residential Dining (UP Dining Hall)

Meal Plan Swipe

Dining Dollars

Cash

Credit / Debit

c. Residential Dining (Chauncey’s Choice)

Meal Plan Swipe

Dining Dollars

Cash

Credit / Debit

d. Retail Dining (CINO Grille)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

e. Retail Dining (Hackler Golf Course Grill and Cart)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

f. Retail (Pie by Night)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

g. Retail (Pie by Night 2)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

h. Retail (Road Rooster – Mobile Truck)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

i. Retail (Chik-fil-A)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

j. Retail (Starbucks)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

k. Retail (Einstein Bros Bagels)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

l. Retail (Main Street P.O.D.)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

m. Retail (Market P.O.D.)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

n. Retail (P.O.D. Express)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

o. Retail (UP C-Store)

Meal Plan Swipe (Meal Exchange or Equivalency)

Dining Dollars

Cash

Credit / Debit

Answer: This information is not available in the format requested; however, information that was available through the University’s card system, with some manipulation, has been provided below. Cash and credit/debit data broken down by location is not available at this time.

74. Financial

· Are sales figures provided inclusive or exclusive of sales tax?

Answer: Figures do not include sales tax.

· On Page 19 – Section 2 Historical Data, can you please confirm the total FY2019 sales at $21,742,072? The total for Retail Sales at $6,640,441 appears to be miscalculated. Please confirm or correct.

Answer: See answer to question #7. Total for Retail Sales should be $4,640,441,

· Must all contractor investment be amortized over the 7-year term? Can all or some investment be amortized over a longer period?

Answer: All investments must be amortized over the 7-year term or shorter. All investments must be amortized by the conclusion of the awarded contract period.

· How many meal swipes were donated last year? How many meal swipes are in the bank?

Answer: A total of 1146 meal swipes have been donated to date. There are currently 899 meal swipes in the bank.

· What percentage of the board deposits from students were deposited in advance to the vendor this past year?

Answer: See Section 4.9 of the RFP - Distribution of Residential Meal Plan Advance

· Is it possible to understand what costs or repairs and maintenance have gone from $31,000 annually to $300,000? Is there a preventative maintenance company being used? What are the reasons for the amount going to $300,000?

Answer: The increase is mostly due to the additional locations and services that have been brought online since the previous contract was awarded 10 years ago. These additional services and locations require additional maintenance and repairs. There are multiple preventative maintenance contractors that are utilized for different types of food service equipment utilized on campus.

· Renovations; in the new program you have asked for $850,000 annually. If in innovating the campus, we were over that amount will the difference be applied in the remaining years or be able to be amortized over the Life of the contract?

Answer: As stated in Section 3.23.9.7.2.2. of the RFP, the average annual amount spent for food service renovations, repairs, and construction is approximately $850,000. The annual funds that are supplied to the University for these items are to be amortized over the life of the contract.

· Yearly meal plan cost increase – what is the percentage increase per year?

Answer: Currently, there is not a set percentage increase per year. See RFP Section 4.7, Meal Plan Rates, for meal plan cost increase procedures.

75. Dining Dollars (Flex or DCB)

· Are the declining balance dollars taxed at the point of sale when redeemed?

i. If so, what is the tax percentage amount?

Answer: Dining Dollars are taxed at point of sale at time of purchase and the appropriate sales tax percentage is assessed per the item(s) sold.

· Are dining dollars billed to the school as part of the meal plan or billed separately as used?

Answer: The University is invoiced by the contractor for the dining dollars that are part of the meal plans. Extra Dining Dollars are billed separately as they are used.

· Please provide a copy of redemption report (dining $ bought / meal plans versus used for past 2 semesters).

Answer: This information is not available in the format requested.

· What happens to unused dining dollars at the end of the fall and spring semesters?

Answer: See answer to question #47.

· What is the dollar amount of the unused dining dollars at the end of the fall and spring semesters for past two years?

Answer: See answer to question #58.

· Please provide the amount of additional dining dollars (aka – reloaded dining dollars) sold to students beyond the standard meal plans (both voluntary and mandatory) last year.

Answer: During 2019 calendar year $91,692.71 worth of Additional Dining Dollars, also know as reloaded Dining Dollars, were loaded to patrons’ cards.

· Can dining dollars or campus card dollars that are part of the meal plan used at off-campus venues/restaurants? Please provide historical annual purchases and the names of the vendors that participate in this program.

Answer: Dining Dollars that are part of the meal plan and Extra Dining Dollars cannot be used at off campus venues.

76. Commissions

· Please provide total commission dollars received in each of the past two years.

Answer: This…