ASU25002- RFP-FOOD SERVICES.pdf

ASU25002 -RFP

Request for Proposal

Food Services

For

Adams State University

RFP Issue Date:

November 1, 2024

RFP Due Date:

December 5, 2024 @ 2:00 PM (MT)

Contact Information:

Purchasing Agent: Renee Vigil E-Mail: reneevigil@adams.edu

PROPOSALS MUST BE RECEIVED in Rocky Mountain E-Procurement System(“RMES”) www.rocky mountain bidsystem.com by the noted deadline to be considered

Schedule of Activities Timeline

(All times are in local Colorado MT) RFP Notice Published on Rocky Mountain Bids November 1, 2024 Mandatory Pre-proposal Conference November 13, 2024, 3:00 pm (MT) at

Student Union Building Room 309

Prospective Bidders Written Inquiry Deadline November 20, 2024 5:00 pm (MT)

Proposal Submission Deadline December 5, 2024, 2:00 pm (MT)

Presentations/Interviews/Site Visits To be determined

Best and Final Offers (BAFOs) (if needed) To be determined

The resulting contract may be for 10 years , with 5 (1) year options, for a total of up to fifteen (15) years.

The Vendor Signature Form MUST be signed by the prospective bidder or an officer of the prospective bidder who is legally authorized to bind the bidder to the proposal.

1. MANDATORY PRE-PROPOSAL CONFERENCE: Bidders are required to attend a MANDATORY pre-proposal meeting to address any questions or concerns that may arise after review of the RFP, and to satisfy themselves as to the nature and scope of the work to be done and the challenges that may exist. Please allow 2 hours for this meeting. The intent of the conference is to review the RFP, tour the food locations and have ASU staff available to answer any questions on the RFP. Prompt attendance is required. A representative of your firm must attend. Non-attendance will disallow bidders from submitting a proposal. Mandatory pre-proposal conference attendance will be at the bidder's expense.

The mandatory pre-proposal meeting is scheduled for November 13, 2024 at 3:00 pm, MT in the Student Union Building Room 309, located at 1603 1st Street. Please send an email confirming your company will attend the Mandatory Pre-Proposal Conference to:

reneevigil@adams.edu http://www.rockymountainbidsystem.com/ http://www.rockymountainbidsystem.com/

TABLE OF CONTENTS

SECTION TITLE PAGE

1. Background, Overview & Goals 4

2. Administrative Information 6

3. Scope of Work 14

4. Proposal Submission & Format 37

5. Proposal Evaluation 42

6. Vendor Response Forms 44

APPENDIX/ATTACHMENTS

A. Statistical Information (A) 48 B. Contract Board Menus (B) 50 C. Operation Report Form Example (C) 54 D. Vendor Signature Form (D) 53 E. Special Provisions (E) 54 F. State Contract Template Attached

SECTION I

BACKGROUND, OVERVIEW, GOALS

BACKGROUND

Adams State University is a four-year University with an undergraduate/graduate enrollment of about 2,500 on campus students and more than 10,000 in Extended Studies. Adams State University is located in the city of Alamosa, with a population of approximately 9,800 people. Situated in the San Luis Valley, home to the Great Sand Dunes National Monument, located in south central Colorado, Adams State University is surrounded by the Sangre de Cristo and San Juan mountain ranges. With towering peaks of over 14,300 feet, the mountains provide a variety of winter and summer sports and account for brisk winter nights and sun-filled days for which the Valley is known. A sense of history and adventure unique to the Southwest creates an environment conducive to both academic and social growth.

The purpose of this Request For Proposal is to select an exclusive food services management contractor that will provide the students, faculty, staff and guests of Adams State University a continuing food service operation wherein the quality, quantity, type of food, manner of service and economy of price to the consumer are primary considerations. A reasonable financial return to the University is required in order to cover operating costs and to provide for equipment replacement, maintenance and new purchases. The food service management contractor will be an important contributor to capital projects for any renovation projects to the building in which services are provided.

OVERVIEW

The scope of the contract will include providing food service management and programs for Adams State University students and community, whereby resident dining operations, snack bar operations, campus snack vending, and catering and conference meal services will be provided.

Minimum food quality standards and menu requirements will be maintained. Related programs and services will be provided to students, faculty, staff, and guests of the University to enhance the overall living and working experience on the campus. Food service management will include a sanitary, safe, and well-maintained environment in all food service locations and facilities. The food service management provider will use the University’s facilities and equipment and will provide capital, equipment and supplies for the total food service management operation and upgrade. The food service management provider will employ the entire staff required for the efficient management and operation of the services and programs to be provided.

We are seeking a contractor who can bring the outside world to our campus with brand name recognition and other possibilities to provide up to date amenities to our customers 24/7. In order to accomplish our goal, the successful contractor must work with branded franchises and local businesses.

We also are seeking a contractor who will partner with local businesses to bring additional options to our campus to the extent that other food vendors may be invited to campus for special events designated by our administration.

GOALS

Adams State University invites proposals for the management and operation of its food services on the University campus in Alamosa, Colorado, according to the information, specifications and requirements set out in this document. These specifications in this Request For Proposal are intended to preserve the integrity of the University's food service operation but not to restrict creativity or competition. Offerors are encouraged to recommend improvements and enhancements to the existing program to meet or exceed the requirements of this RFP.

Contract Period The initial term of the contract resulting from this RFP will begin July 1, 2025 and shall continue for a period of ten (10) years and may be renewed for up to five (5) additional one (1) year periods for a total number of years including all renewal periods not to exceed fifteen (15) years.

SECTION II

ADMINISTRATIVE INFORMATION

1. ISSUING OFFICE: This Request for Proposal (RFP) is issued for Adams State University, by the Purchasing Department. This RFP is governed by Adams State University Procurement Rules in effect at the time of its issuance. The Purchasing Department is the SOLE point of contact concerning this RFP. All communication must be done through the Purchasing Department.

2. OFFICIAL MEANS OF COMMUNICATION: During the solicitation process for this RFP, all official Communication between the Purchasing Department and bidders will be via postings on Rocky Mountain E-Procurement System(“RMES”) www.rocky mountain bidsystem.com. The Purchasing Department will post notices, which will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning bidder. It is incumbent upon bidders to carefully and regularly monitor RMES for any such postings.

3. INQUIRIES: Bidders may make written inquiries via email concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Send all inquiries to:

Email: reneevigil@adams.edu Subject Line: RFP ASU25002- RFP

Response to any bidder's inquiries will be published as a modification on RMES in a timely manner. Responses to inquiries may also be made in writing following a pre-proposal conference. Bidders should not rely on any other statements that alter any specification or other term or condition of the RFP.

Should any interested bidder, sales representative, or manufacturer find any part of the listed specifications, terms and conditions to be discrepant, incomplete, or otherwise questionable in any respect, it shall be the responsibility of the concerned party to notify the Purchasing Agent of such matters immediately upon discovery.

4. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by the bidder prior to the established due date and time.

5. ADDENDUM OR SUPPLEMENT TO REQUEST FOR PROPOSAL: In the event that it becomes necessary to revise any part of this RFP, an addendum notice will be sent via the RMES system.

6. RFP CANCELLATION: The University reserves the right to cancel this Request for Proposal at any time, without penalty.

7. REJECTION OF PROPOSALS: The University reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of the University.

http://www.rockymountainbidsystem.com/ http://www.rockymountainbidsystem.com/

8. ACCEPTANCE OF RFP TERMS: A proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the signature of the bidder, or an officer of the bidder legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the bidder of all terms and conditions including compensation, as set forth herein. The bidder shall identify clearly and thoroughly any variations between its proposal and the University’s RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

9. BIDDER AGREEMENTS: Bidders may submit proposed agreements of any form (contracts or documents) that contain supplemental terms and conditions that the bidder desires to be included as part of the contract. Such forms may include bidder’s software licensing agreements, maintenance contracts, and technical support agreements. By accepting delivery of these items, the University is not bound to accept them as part of an ensuing contract. The University may negotiate such supplemental terms and conditions that do not materially conflict with the contract terms and conditions detailed in this RFP and do not materially change the nature of this solicitation or adversely affect competition. If the parties do not agree on the inclusion of the supplemental terms and conditions, the University may: 1) enter into a contract with the apparent successful bidder without the agreements submitted by the bidder; or 2) such submission will be considered non-responsive and the University may enter into a contract with another responsive bidder.

The University will not consider any terms and conditions that are not submitted with this proposal.

10. MINOR INFORMALITIES: Minor informalities are matters of form rather than substance evident from the response or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Purchasing Agent may waive such informalities or allow any bidder to correct them depending on which is in the best interest of the University.

11. ORAL PRESENTATIONS/INTERVIEWS: Bidders who are deemed most qualified, after initial evaluation, may be asked to make oral presentations and participate in the interview process. Such presentations and interviews will be at the bidder's expense.

12. CONFIDENTIAL/PROPRIETARY INFORMATION: The University neither requests nor encourages the submission of confidential/proprietary information in response to this Request for Proposal. Information submitted will be open for public inspection. However, written requests for confidentiality can be submitted to the Purchasing Agent provided that the submission is in strict accordance with the following procedures. This remains the sole responsibility of the bidder. The Purchasing Agent will make no attempt to cure any information that is found to be at a variance with this procedure. The bidder may not be given an opportunity to cure any variances after proposal opening. Neither a proposal in its entirety, nor proposal price information will be considered confidential/proprietary. Questions regarding the application of this procedure must be emailed to the Purchasing Agent listed in this RFP.

a. A written request for confidentiality shall be submitted, by the bidder, with the proposal response package.

b. The written request will be enclosed and marked “Request for

Confidentiality”.

c. The written request must be accompanied by the information that is requested to be held confidential. Specific reasoning as to why each element is to remain confidential, other than recitation of a specific state or federal statute, is required.

d. Confidential/proprietary information must be separated out from the rest of the bidder’s response. Co-mingling of confidential/proprietary information and other information is not acceptable.

e. The Purchasing Agent will make a written determination as to the apparent validity of any request for confidentiality. In the event the Purchasing Department does not concur with the bidder’s request for confidentiality, the written determination will be sent to the bidder. Ref. CRS §24-72-201 et seq., as amended, Public (open) Records.

Proposals that are determined to be at variance with this procedure may be declared non-responsive by the Purchasing Agent, and not given further consideration.

13. RFP RESPONSE MATERIAL OWNERSHIP: The University has the right to retain the original proposal and other RFP response materials for our files. As such, University may retain or dispose of all copies as is lawfully deemed appropriate. Proposal materials may be reviewed by any person after the “Notice of Intent to Make an Award” letter(s) has/have been issued, subject to the terms of CRS §24-72-201 et seq., as amended, Public (open) Records. The University has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Confidential/Proprietary Information.

Bidder expressly agrees that the University may use the materials for all lawful University purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act.

14. PROPOSAL PRICES: Estimated proposal prices are not acceptable. The proposal price will be considered in determining the apparent successful bidder.

15. EVALUATION PROCESS: All proposals received by the due date and time will be reviewed by an evaluation committee. Proposals which are not received by the deadline will not be reviewed by the evaluation committee. The committee will determine the extent to which the proposals conform to the specifications set forth herein and will be evaluated according to criteria identified in this RFP. The following process will be used:

a. Proposals will be evaluated for completeness and compliance with the requirements of this RFP. The University reserves the right to reject those proposals that are incomplete.

The University also reserves the right to waive what are, in its judgment, minor informalities or discrepancies. Proposals considered complete will be evaluated to determine if they comply with the administrative, contractual and technical requirements of the RFP. If the proposal is unclear, proposers may be asked to provide written clarification if it is in the best interest of the University to do so. The University reserves the right to reject those proposals that do not meet all the requirements.

b. The selection of “finalist” bidders will be determined by the evaluation committee independently scoring the proposals and then combining the scores and pricing information to determine the overall proposal score.

c. A limited number of bidders may be invited to participate in oral interviews.

Bidders invited for interviews may be required to make a presentation in support of the proposal. Such presentations will be made to the evaluation committee.

d. The findings of the evaluation team will be summarized and the summary and award recommendation(s) will be forwarded to the University’s Purchasing Department.

The Purchasing Department will review the recommendation and approve or reject the evaluation team’s selection. The Purchasing Department, after review and approval of the evaluation committee’s written recommendation, will notify all bidders via a posting on the RMES system of the results of the RFP evaluation. The posting will be an announcement of the “Notice of Intent to Make an Award” which will name the apparent successful bidder.

16. DISCUSSION WITH RESPONSIBLE BIDDERS AND REVISIONS TO PROPOSAL:

Discussions may be conducted with responsible bidders for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirement. The University may conduct discussions with responsible proposers whose proposals are determined, by the University, to be reasonably susceptible to being selected for award.

The University reserves the right to select the most responsive and responsible proposer. All prospective bidders shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals, and such revisions may be permitted after submissions and prior to award, for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing bidders.

17. PAST PERFORMANCE: Each bidder’s past performance may be reviewed as part of the

University’s overall evaluation. This evaluation will take into account past performance information submitted as a part of such bidder’s proposal including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s), if such information is relevant. Bidders without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The University will consider bidder’s performance on past or current University contracts with requirements similar to the University requirements for this contract. The University will consider information provided by the bidder regarding any problems encountered on the identified contracts and any associated corrective actions.

18. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By submission of this proposal, each bidder, and in the case of a joint proposal, each party thereto, certified as to its own organization, that, in connection with this procurement:

a. Prices in this proposal have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; and

c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

Further, each person signing the Request For Proposal form of this proposal certified that:

d. He / She is the person in the bidder's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to (a) through (c) above; or

e. He / She is not the person in the bidder's organization responsible within that organization for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a) through (c) above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to (a) through (c) above.

A proposal will not be considered for award where (a), (c), (d) or (e) above has been deleted or modified. Where (b) above has been deleted or modified, the proposal will not be considered for award unless the bidder furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

19. CONFLICTS OF INTEREST. Bidder avers that to his/her knowledge, no Adams State

University employee has any personal or beneficial interest whatsoever in the service or property described herein. See CRS §24-18-201 and CRS §24-50-507.

The signatory hereto avers that he/she is familiar with CRS §18-8-301, et seq. (Bribery and Corrupt Influence) and CRS §18-8-401, et seq. (Abuse of Public Office) as amended, and that no violation of such provisions is present.

20. TAXES: Adams State University, as purchaser, is exempt from all federal excise taxes under

Chapter 32 and 33 of the Internal Revenue Code and from all state government use taxes [Ref. CRS Chapter 39-26.114(a)]. University’s State Sales Tax Exemption Number is 98- 04911. Bidder is hereby notified that when materials are purchased in certain political subdivisions the bidder may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

21. INSURANCE: The successful bidder shall procure, at its own expense, and maintain for the duration of the work, the following insurance coverages; the University shall be issued certificates as an additional insured.

A. Standard Workers' Compensation and Employers' Liability as required by State statute including occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment.

B. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $2,000,000 general aggregate;

c. $2,000,000 products and completed operations aggregate;

d. $50,000 any one fire; and

e. Per Project general Aggregate Limit; and

f. A waiver of subrogation in favor of Adams State University

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the successful bidder shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the University a certificate or other document satisfactory to the University showing compliance with this provision.

C. Automobile Liability Insurance covering any auto (including owned, hired, and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.

D. Professional liability insurance with minimum limits of liability of not less than

$1,000,000 may be required for certain contracts.

E. Other insurance as may be required by law, or in a specific solicitation. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the University.

F. Adams State University and the State of Colorado acting by and through the Board of Trustees of Adams State University shall be named as an additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primarily over any insurance or self- insurance program carried by Adams State University.

G. Insurance shall include provisions preventing cancellation or non-renewal without at least 30 days’ prior notice to the University by certified mail.

H. Successful bidder will require all insurance policies in any way related to the contract and secured and maintained by any successful bidder to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado acting by and through the Board of Trustees of Adams State University, its officers, agents, employees and volunteers.

I. Successful bidder shall provide certificates showing insurance coverage required by any contract to the University within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the successful bidder shall deliver the University certificates of insurance evidencing renewals thereof. At any time during the term of the contract, the University may request in writing, and the successful bidder shall, within 10 days, supply to the University, evidence satisfactory to the University of compliance with the provisions of this section certificate(s) of adequate insurance coverage and endorsement(s) of additional insured coverage. Copies of the insurance certificate can be emailed and should be followed by the hard copy of the certificate being mailed to ASU’s Purchasing Office. The Additional Insured portion should read as follows:

State of Colorado acting by and through the Board of Trustees of Adams State University 208 Edgemont Blvd, Alamosa, CO 81101

22. NON-DISCRIMINATION: The bidder shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

23. PARENT COMPANY: If a bidder is owned or controlled by a parent company, the main office address and parent company's tax identification number shall be provided in the proposal.

Tax identification number provided must be that of the bidder responding to the RFP.

24. AWARD OF CONTRACT: The award will be made to that bidder whose proposal, conforming to the RFP, will be the most advantageous to the University, price and other factors considered. A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, the University may elect to cancel the “Notice of Intent to Make an Award” letter and make the award to the next highest ranking bidder, cancel the solicitation, or make such other disposition or award as the University deems most advantageous.

25. PROTESTED SOLICITATIONS AND AWARDS: Any actual or prospective bidder or unsuccessful contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the University’s Director of Purchasing. The protest must be submitted in writing within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Ref Section IX Disputes, Appeals and Remedies, of the Adam State University Procurement Rules, available at the following link:

https://www.adams.edu/administration/purchasing

With regard to the emphasized language above, it is important for bidders to note that a challenge to the solicitation’s requirements or specifications must be made within seven

(7) working days of when the protestable item is known.

Announcement of the Notice of Intent to Award will be made via a posting on RMES. The requirement for timely submission of any protest (7 working days) will begin on the first working day following posting of the award notice on RMES.

26. ACCEPTANCE OF PROPOSAL CONTENT: Contents of the proposal (including persons specified to implement the project) of the successful bidder will become contractual obligations if acquisition action ensues. Failure of the successful bidder to accept these obligations in a contract, purchase order, or similar authorized acquisition document may result in cancellation of the award. Under these conditions, the University reserves the right to enter into negotiations with the next ranking bidder on the same terms and conditions as set forth in the Request for Proposal or make such other disposition of award as the University deems most advantageous.

27. FORM OF THE CONTRACT: A condition of the bidder’s response is that any contract resulting from the award to the successful bidder shall be in the form required by current Colorado statutes, fiscal rules and Adams State University Procurement Rules.

This contract will include all such terms and conditions required by these statutes and rules. In the event that the bidder’s forms (or parts of forms) are included as attachments or exhibits in a final contract, the bidder agrees that where there are contradictions or inconsistencies, the terms of the contract shall always supersede, manage, and control those of any such attachment or exhibit. Further, the terms of the RFP and of the successful bidder’s response to the RFP (the “Response”) shall be incorporated into a final contract, with the contract taking precedence over either the RFP or the Response, and the RFP taking precedence over the Response in the event the documents conflict. (See attached Contract Template)

Also, the contract will state that Colorado law shall govern the contract and that the bidder must agree to indemnify the University. A commercially reasonable version of the following language shall appear in the contract:

“The bidder shall indemnify, save, and hold harmless the State of Colorado and University, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the bidder, or its employees, agents, subcontractors or assignees pursuant to the terms of this contract.”

The University is precluded from indemnifying any parties, including bidders.

The contract shall include the “Colorado Special Provisions” which are required pursuant to Colorado Fiscal Rules. The “Colorado Special Provisions” are incorporated into this RFP as Attachment E.

28. INCURRING COSTS: The University is not liable for any cost incurred by bidders prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature shall accrue until a contract is awarded and signed by all concerned parties.

29. NEWS RELEASES: Neither the University, nor any bidder, shall make news releases pertaining to this RFP prior to execution of the contract without prior written approval.

30. CONTRACT CANCELLATION: The University reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the successful bidder.

31. ASSIGNMENT AND DELEGATION: Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the agreement without the prior written consent of the other party.

32. AVAILABILITY OF FUNDS: Financial obligations of the University payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the University.

33. PAYMENT TERMS: The University’s standard payment term is Net 45. Prepayments for services shall not be made by the University unless expressly identified within the successful bidder’s RFP proposal, and agreed to by the University.

SECTION III

SCOPE OF WORK

1. Adams State University, hereinafter referred to as University or ASU, invites Food Service contractors, hereinafter referred to as Contractor, to submit proposals for the purpose of providing exclusive food services at Adams State University, in accordance with the terms of the specifications within this request for proposal, hereinafter referred to as RFP.

2. Contractor shall have the use of the premises for operating food services as an independent contractor. Contractor’s use of the aforementioned premises shall be on a non-exclusive use basis. The initial term of the contract resulting from this RFP will begin July 1, 2025, and shall continue for a period of ten (10) years and may be renewed for up to five (5) additional one (1) year periods for a total number of years including all renewal periods not to exceed fifteen (15) years.

3. University may terminate this contract by giving ninety (90) days written notice of intent to cancel at any time.

4. Contractor may terminate this contract only on its anniversary date by giving ninety (90) days written notice of its intent to cancel.

5. A contractor shall be selected on the basis of the proposal, which is, in the opinion of the University, the most advantageous when all factors are considered.

a. University shall consider, but not necessarily be limited to, service, cost, food quality, proposed renovations and new equipment, references, experience, catering, menu variety, management, financial solvency, and the ability to perform efficient, economical operations, as well as other relevant factors that the University may deem to be important.

6. There will be a Mandatory Pre-Bid Meeting on November 13, 2024, @ 3:00 pm (MT) in the

Student Union Building Room 309

7. A follow-up meeting shall be conducted immediately following the Mandatory Pre-Bid Meeting and tour.

8. Bidders will be permitted to visit the campus with prior notification to the University by contacting the Director of Purchasing. No other arrangement for visiting the campus shall be permitted.

9. Certain minimum financial and experience requirements are included in the information sheets. These requirements must be met in order for a bid proposal to be considered.

10. A contractor who is unable to qualify with the minimum requirements shall be disqualified.

11. Failure to submit and answer all questions on the information sheets may be cause for disqualification of the bidder.

a. The answers to the questions contained on the information sheets shall be held confidential as applicable per the laws of the State of Colorado.

b. The University reserves the right to investigate thoroughly the financial status, technical experience, and record of the Contractor stated on the information sheets or attachments thereto.

c. If the space provided is inadequate to fully give the information required to any question, attach separate sheets and make reference to them at the appropriate place.

d. Bidders may replicate all forms so that questions may be more easily answered and information more completely provided. Bidders are requested to maintain format for consistency in evaluation.

e. Any other information that bidders may wish to submit about their company shall be appreciated.

f. Any additional Contractor proposals shall be appreciated and welcomed.

12. Adams State University has instituted a two year live on requirement for its students for freshman and sophomore. ASU seeks a contractor with “outside the box” vision for the future. We are seeking a contractor who can bring the outside world to our campus with brand name recognition and other possibilities to provide up to date amenities to our customers 24/7. In order to accomplish our goals, the successful contractor must work with branded franchises and local businesses.

We also are seeking a contractor who will partner with local businesses to bring additional options to our campus to the extent that other food vendors may be invited to campus for Special Events designated by our administration.

13. Bidders are encouraged to describe any innovative and creative elements of their program that are particularly applicable to the University.

14. Sample Menus, menu cycles, and other information which shall be considered in awarding the contract, shall be submitted for the following operations as an appendix to the Bid proposal:

a. Residence Hall Meal Plan

b. Food Court

c. Catering

d. Vistas Game Day

e. Athletic Concessions- Rex Stadium

f. No-frills Student Organization Menu

g. Coffee Lounge

h. Snack Vending

15. The contractor shall honor the specific commitments of menus, prices, etc. made by the contractor prior to the beginning of this contract in areas such as but not limited to Catering, Conferences, and Summer Session rates.

16. The University is concerned about the use of food containers that are not recyclable.

Bidders shall address what programs they will use to recycle.

17. It is the responsibility of the Contractor submitting the bid to become fully acquainted with the conditions to be found at the University, including but not limited to the legal tax requirements, costs and purchases involved in operating a food facility in the city of Alamosa, Colorado and the State of Colorado. This responsibility also includes the requirements of local health standards, applicable minimum wage and OSHA standards.

18. Statistical information concerning the University shall be found in Appendix A.

19. The closing date for receipt of proposals shall be December 5, 2024 at 2:00 PM (MT).

20. During the term of the Contract, it shall be understood that the Assistant Director of Auxiliary Services shall be the University’s liaison. If there is a change, the contractor shall be notified.

PREMISES

1. Contractor shall have the use of the following facilities located in the Student Union Building

(SUB) and across campus for Dining Service purposes:

a. Kitchen

b. Food Court Kitchens and Serving Areas

c. Designated Storage Areas

d. General Classroom Buildings

e. Plachy Hall

f. Rex Stadium

g. All Residence Halls

h. Office space

i. Vista’s restaurant

j. Rex concession areas

k. Marvel House

2. Subject to negotiation, the Contractor may be allowed to operate any future dining service facility that may be constructed or operated by the University during the period of time the contract is in force.

3. Not-withstanding the above provisions, the University reserves the right to use the said premises and facilities for meetings and other functions whenever meals are not being served.

In such instances, if additional custodial services are necessary, the University reserves the right to hire its own personnel in performing such services.

4. University shall furnish offices to the Contractor located near the kitchen area of the Student

Union Building with the following office furniture and equipment for the exclusive use of the Contractor:

a. 3 desks

b. file cabinets

c. chairs

5. Contractor shall provide any office machines necessary to the management of food services, including but not limited to, electronic calculating machines, and computers as well as pay for all telephone and network connections.

6. The Contractor shall take reasonable and proper care of the office area and its equipment and shall return them to University at the termination of this Contract in good condition, ordinary wear and tear expected.

OPERATION AND SERVICE

1. Contractor shall have the right to operate on the premises as an independent contractor for the term of the contract for the following purposes:

a. To prepare and serve meals for the students, staff, officers, and faculty of the University at Contractor’s expense.

b. To prepare and serve meals to the guests of the persons mentioned above when so required.

c. To prepare and serve food and beverages that are required for third party functions, including catering and conferences.

d. To stock and sell food and other related items if financially feasible except as hereinafter provided.

i. Contractor agrees that the University has the right to approve all such items.

ii. Contractor agrees to cease the sale of all such items upon request by the University.

e. To Manage and administer the sale of beer or other related beverages in possible future locations. The successful bidder will also be required to acquire a full liquor license for use on campus for approved events.

i. Contractor shall possess knowledge of all State and Local Statutes and University Policies pertaining to such sales.

ii. Contractor agrees to cease the sale of all such items upon request by the University.

2. Merchandise in Stock

a. If the Contract is terminated by either party for any reason whatsoever, the University agrees to either purchase all usable and saleable food and supplies in stock or stipulate in the Contract with the new Contractor that the latter shall purchase said food and supplies at a fair market price.

i. Fair market price shall be defined as the price established by representatives of wholesale companies that normally service the

ii. University, or from most recent invoices of said items or supplies.

iii. If above noted food and supplies exceed a normal thirty-day supply, it shall be the option of the successor contractor and/or the University to purchase or not to purchase the excess portion.

MEAL PLAN OPERATIONS

1. All students living in the Conour, Coronado, and Girault Residence Halls are currently required to purchase a Meal Plan.

2. Contractor shall provide a food court or similar program.

3. Contractor shall use menus and recipes prepared by a dietician who is certified, registered, or licensed by the American Dietetic Association or other appropriate agency.

a. Contractor may propose other resources for menus and recipes in order to better serve the needs of the Meal Plan participants.

b. A copy of each menu cycle shall be available upon request to liaison official of the

c. A minimum of a four-week menu cycle shall be required by University.

4. Contractor shall maintain a high standard of product quality control and unlimited quantities of all food and beverages (including milk), except as outlined under seconds policy.

5. Serving lines are to be well stocked throughout the entire service. The last Meal Plan

Student shall be offered the same array of choices as the first.

a. All food items are to be properly labeled (the name of the dish as well as any common allergens, labeling vegan/vegetarian options and gluten free where applicable) in both English and Spanish.

6. A minimum of eight (8) Theme Dinners; four (4) per semester Monday through Thursday, such as holiday dinners, shall be served during the regular academic year. Special menus, decorations, garnishments, etc., shall be used to achieve a festive atmosphere. Examples of such dinners are:

a. Oktoberfest g. Valentine’s Day

b. Halloween h. Graduation

c. Dia de los Muertos i. Hispanic Celebration

d. Thanksgiving j. Black History

e. Christmas k. International

f. Chanukkah

7. Monotony-breaker type meals and snacks shall be served in addition to the above special dinners.

8. Seconds Policy and Unlimited Servings

a. Unlimited services shall be available to all Meal Plan and cash customers in the

Cafeteria. Entrees shall be served one at a time, but customers may return for additional services.

9. Special Diets

a. Contractor shall provide special diets for students when prescribed in writing by a physician. If the cost of the special diet exceeds the normal contract cost, the student shall be responsible for paying the difference.

b. A vegetarian/vegan entrée shall be available at all meals.

10. Continental Breakfast

a. Contractor shall serve a Continental Breakfast (juice, fruit, cereal, assorted pastries, rolls, bagels, and toast) for a period of one hour following the regular breakfast, Monday through Friday.

11. Food Court Hours

a. For those periods of time not included on the resident dining calendar, and other locations across campus shall be open on days and hours determined by mutual agreement between University and Contractor.

12. Carry-Out Service

a. Students on Meal Plan who are scheduled and required to take field trips, research assignments, sport events, etc., off campus shall be provided box or sack lunches on written request at least 24 hours in advance.

b. Contractor shall provide carryout sick tray service as requested by Meal Plan Students or by Resident Life Staff.

c. Contractor shall provide sack meals or carryout boxes to meal plan students that may have class that conflicts with scheduled meal times.

d. Contractor shall maintain flexibility in providing carryout service.

13. An Ice Cream Sundae Bar shall be offered at least ten (10) times per semester.

14. The Contractor shall serve Meal Plans in the La Mesa Dining Room according to the following schedule:

Breakfast M-F 7:15 am-10:00 am Lunch M-F 11:00am-1:15pm Dinner M-F 5:15pm-7:45pm Brunch S&S 11:00am-1:30pm Dinner S&S 4:45 pm - 7:pm

Hours of operation may be mutually amended by Contractor and University.

15. The Contractor should provide an alternative proposal to the above for Meal Plan Students and other dining customers which may include anytime Dining from 7:00am.- 7:15pm., Monday through Friday.

CASH OPERATIONS

1. Food Court Operation

a. While the resident dining calendar is in effect, during the regular academic year

ASU Food Court shall operate (grab and go at a minimum) during the following hours:

Monday-Thursday 7:30am.-6:00p.m.

Friday 7:30a.m. - 4:00 p.m.

Saturday & Sunday Closed- Except for special events to be determined by mutual agreement.

2. University and Contractor may mutually amend days and hours of operations of all cash operations.

3. Contractor shall implement the use of major credit cards and mobile payment options within all operations as determined by University and Contractor.

4. Contractor shall supply their own cash registers and POS system.

5. Catering

a. Contractor shall operate a complete Catering Service throughout the calendar year.

i. The catering department should consist of a full-time catering manager and sufficient wait staff.

ii. The catering department will be expected to manage the logistics of catered events which may include proper linens, up to date and flexible menu and assistance with catered event planning and budgeting.

b. Contractor shall provide a donation of approximately $25,000, towards the purchase, preparation, and serving of the annual President’s catering and/or hospitality fund.

c. Contractor to provide 4 meal plans for disbursement at the University’s choice each semester.

d. Contractor shall implement pre-season meals, at a reasonable price to be agreed upon, for athletes and other designated students in the fall and spring. During breaks, when classes are not in session, contractor may provide meals at a reasonable price to be agreed upon.

e. Residence Life & Housing requests to utilize outside vendors for programming within University Housing.

SUMMER SESSION SERVICE

1. The following definitions shall apply to the Summer Session:

• Deficit. The excess of the total of Operating Expenses over Net Sales.

• Gross Sales. All sales of food, beverages, goods, merchandise and services in the Food Service, including sales tax.

• Surplus. The excess of Net Sales over the total of Operating Expenses.

2. Cash operations shall be available as needed and mutually agreed upon between

Contractor and University.

• On a monthly basis during the Summer Session, Contractor will invoice University for Operating Expenses, less any cash retained by the Contractor, in accordance with the billing and payment terms.

The monthly invoice will identify any Surplus or Deficit. If a monthly Surplus remains from operations in the Summer Session, that Surplus shall be applied as provided elsewhere in the Agreement. All other terms related to the financial arrangement shall remain in effect, except by necessary implication.

3. Conferences, camps and other guest events are regularly scheduled and often require a full program of La Mesa Dining Room meals and catering. The number of participants varies depending on the conference. Many conferences are around 50-100, but we also have conferences that include up to 600 participants.

4. At the end of the Summer Session, on August 1 of each year, the parties shall resume operations under the financial and payment terms.

FOOD SPECIFICATIONS AND PURCHASE GUIDELINES

1. Food Specifications (Minimum Standards)

a. See appendix B

b. The specifications from the State of Colorado, shall be the minimum standards accepted for all food products not specifically listed in these specifications.

2. HACCAP Guidelines shall be used by Contractor if they relate to food specifications.

3. Pouring Rights Contract

a. University does have a “Pouring Rights” contract with a beverage vendor.

b. Contractor shall be required to operate within the policies established by

University and Vendor.

c. University shall communicate with the Contractor to minimize any negative impact.

4. Local Vendors

a. Contractor shall purchase food items that are available from local purveyors when possible.

b. Quality and Price of Products shall be considered by the Contractor in the process of making local food purchases.

SERVICE AND HOUSE POLICIES

1. La Mesa Dining Room

a. Contractor agrees to provide meals as per the terms and conditions of this RFP to all students participating in the Meal Plan Programs in accordance with the Meal Plan selected.

b. Contractor agrees to provide meals in the La Mesa Dining Room to students, faculty, staff, and guests on a casual meal basis.

2. Special Services and Service Area

a. Food Court

i. Service in the above area shall be a la carte or in a combo meal format when appropriate.

ii. Area shall be maintained during business hours as described in…