BC-21533-B Beverage and Pouring Rights (Final) 10.8.2026.pdf

Solicitation Name: Exclusive Beverage and Pouring Rights Solicitation Number: BC-21533-B

REQUEST FOR PROPOSAL

FOR

EXCLUSIVE BEVERAGE AND POURING RIGHTS

RFP NUMBER: BC-21533-B

ISSUED: October 9, 2026

DUE DATE: November 5, 2026, at 2:00 PM (EST)

Prospective bidders/offerors are encouraged to regularly visit the University’s Department of Procurement & Strategic Sourcing website, e-Maryland Marketplace Advantage (eMMA) to ensure receipt of any addenda and other updates related to this solicitation. The links to these resources are provided below:

• UMBC Bid Board - https://procurement.umbc.edu/bid-board/

• eMaryland Marketplace Advantage (eMMA) - https://emma.maryland.gov

ISSUING OFFICE

Department of Procurement & Strategic Sourcing

University of Maryland, Baltimore County Administration Building, 7th Floor

1000 Hilltop Circle Baltimore, MD 21250

MINORITY, WOMEN AND SMALL BUSINESSES ARE ENCOURGAGED TO

RESPOND TO THIS SOLICITATION

https://procurement.umbc.edu/bid-board/ https://emma.maryland.gov/

Key Information Sheet & Solicitation Schedule Request for Proposals Title: Exclusive Beverage and Pouring Rights Solicitation Number: BC-21533-B RFP Issue Date: October 9, 2026 Procurement Officer: Rosetta Butler Technical and Financial Proposal Due Date & Time: (Not a Public Bid Opening)

November 5, 2026, at 2:00PM (EST)

Technical and Financial Proposals are to be sent to:

Please upload technical proposals and any associated documents to the link below:

Submitt.xirdtbvx97oxft1t@u.box.com

Mandatory Pre-Proposal Conference (Virtual)

October 15, 2026, at 10:00am.

Meeting will be held virtually, please use the link below to join:

https://umbc.webex.com/meet/rbutler2

Site Visit N/A Questions Due Date & Time: October 26, 2026. at 2:00PM (EST)

Questions shall be provided on your company’s letterhead and uploaded using the link provided below.

Submitt.i2dvltmzym7jejtk@u.box.com

Oral Presentations Tentative Oral Discussion Dates scheduled between November 30th and December 4th. These dates are subject to change based on the evaluation process.

Minority Business Enterprise (MBE) Subcontracting Goal:

5%

Contract Type: Firm Fixed Price and Firm-Fixed Revenue/Commission

Term of Contract: The contract shall be for a period of ten (10) years with three (3) two-year renewal options exercised at the University’s sole discretion.

The University is committed to ensuring that persons with disabilities have equally effective opportunities to participate in and benefit from the University's programs and services. Persons who may require reasonable ADA accommodations should email the Issuing Office at rbutler2@umbc.edu at least five (5) days prior to any meeting scheduled in connection with this solicitation.

mailto:Submitt.xirdtbvx97oxft1t@u.box.com https://umbc.webex.com/meet/rbutler2 mailto:Submitt.i2dvltmzym7jejtk@u.box.com mailto:rbutler2@umbc.edu

NOTICE TO BIDDER/OFFERORS

To help improve the quality of bid and proposal solicitations and to make our procurement process more responsive and "business friendly," we ask that you provide comments and suggestions regarding the enclosed solicitation. Please return your comments with your bid, proposal or "no bid," response, as the case may be. Thank you for your assistance.

Project No. BC-21533-B

Project Title: Exclusive Beverage and Pouring Rights

If you have responded with a “no bid” please indicate the reasons below (check applicable boxes):

Other commitments preclude our participation at this time.

The subject of the solicitation is not something we normally provide.

We are inexperienced in the work/commodities required.

The specifications are either unclear or too restrictive (explain below).

The scope of work is beyond our current capacity.

Doing business with Maryland Government Agencies is simply too complicated (explain below).

We cannot be competitive (explain below).

Time allotted for completion of the bid/proposal response is insufficient.

Start-up time is insufficient.

Bonding/insurance requirements are prohibitive (explain below).

MBE requirements (explain below).

Bid/Proposal requirements (other than specifications or scope) are unreasonable or too risky (explain below)

Prior experience with University contracts were not profitable or otherwise unsatisfactory (explain below).

Payment schedule too slow.

Other:

Explanation:

If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the remarks section below:

Remarks:

Bidder/Offeror Name:

Contact Person:

Signature: Date:

Address:

Email: Phone:

TABLE OF CONTENTS

SECTION I. SPECIFICATIONS/SCOPE OF WORK

A. BACKGROUND

B. SUMMARY STATEMENT

C. PROGRAM OBJECTIVES

D. CHESAPEAKE EMPLOYERS’ INSURANCE ARENA

E. MINIMUM QUALIFICATIONS

F. SCOPE OF WORK/SPECIFICATIONS

SECTION II. EVALUATION AND SELECTION PROCEDURE

A. EVALUATION COMMITTEE

B. QUALIFYING PROPOSALS

C. TECHNICAL EVALUATION

D. FINANCIAL EVALUATION

E. DISCUSSIONS - BEST AND FINAL OFFERS

F. EVALUATION CRITERIA

G. FINAL RANKING AND SELECTION

H. DEBRIEFING

SECTION III. INFORMATION REQUIRED IN ALL PROPOSALS

A. ORGANIZATION OF TECHNICAL PROPOSAL SUBMISSION

B. EXECUTIVE SUMMARY/TRANSMITTAL LETTER

C. TECHNICAL PROPOSAL

D. TECHNICAL PROPOSAL CONTENTS

E. FINANCIAL PROPOSAL

F. BID/PROPOSAL AFFIDAVIT

G. MBE UTILIZATION AFFIDAVIT

H. ADDENDA ACKNOWLEDGMENT FORM

I. CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

J. PRIME CONTRACTOR LIST OF CONTRACTORS

SECTION IV. INFORMATION FOR OFFERORS

A. ISSUING OFFICE AND PROCUREMENT OFFICER

B. MANDATORY PRE-PROPOSAL CONFERENCE AND SITE VISIT

C. QUESTIONS AND INQUIRIES

D. INSURANCE

E. PROPOSAL DUE DATE

F. DURATION OF PROPOSAL OFFER

G. PROCUREMENT METHOD

H. BASIS FOR AWARD

I. ALTERNATE PROPOSALS

J. MINORITY BUSINESS ENTERPRISE UTILIZATION

K. LIQUIDATED DAMAGES PROVISION RELATED TO MBE GOAL

SECTION V. GENERAL INFORMATION FOR OFFERORS

A. PURPOSE

B. ADDENDA TO THE RFP

C. PRE-PROPOSAL MODIFICATION OR WITHDRAWAL OF OFFERS

D. CANCELLATION OF SOLICITATION/REJECTION OF ALL PROPOSALS

E. DISCUSSIONS

F. ORAL PRESENTATIONS

G. INCURRED EXPENSES

H. ARREARAGES

I. VERIFICATION OF REGISTRATION AND TAX PAYMENT

J. ECONOMY OF PREPARATION

K. PUBLIC INFORMATION ACT NOTICE

L. EXECUTION OF PROPOSALS

M. DISCREPANCIES, EXPLANATIONS AND CLARIFICATIONS

N. ORDER OF PRECEDENCE

O. REQUIRED CONTRACT PROVISIONS

P. OFFEROR RESPONSIBILITIES

Q. FALSE STATEMENTS

R. PAYMENT TO THE CONTRACTOR; TAXES

S. PRESS RELEASES

T. RECIPROCAL PREFERENCE

U. NON-VISUAL ACCESS

V. INTERGOVERNMENTAL COOPERATIVE PURCHASING

W. PARKING

X. SMOKING

EXHIBITS

Exhibit A Pre-Proposal Conference Form Exhibit B Offeror Information Sheet Exhibit C Financial Proposal & Instructions Exhibit D Minority Business Enterprise (MBE) Forms

• D-1A MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule

• D-1B Waiver Guidance / MBE Subcontractor Unavailability Certificate

• D-1C Good Faith Efforts Documentation to Support Waiver Request

• D-2 Outreach Efforts Compliance Statement

• D-3A MBE Subcontractor Project Participation Certification

• D-3B MBE Prime Project Participation Certification

• D-4A Prime Contractor Paid/Unpaid MBE Invoice Report

• D-4B MBE Prime Contractor Report

• D-5 Subcontractor Paid/Unpaid MBE Invoice Report Exhibit E Proposal Affidavit Exhibit F Firm Profile & Experience Exhibit G Reference Checks Exhibit H Key Personnel Exhibit I Financial Stability of Bidder/Offeror Exhibit J Acknowledgement of Receipt of Addenda Exhibit K Conflict of Interest Affidavit & Disclosure Form Exhibit L UMBC Sample Service Contract Exhibit M Prime Contractor List of All Subcontractors Anticipated/Used During Contract Exhibit N Non-Disclosure Agreement Exhibit O UMBC Vending Machine Locations Exhibit P ENERGY STAR 4.0 Exhibit Q Chesapeake Employers Insurance Arena Category Specific Exclusivity Exhibit R Chesapeake Employers Insurance Arena Extended Category Specific Exclusivity Exhibit S Chesapeake Employers Insurance Arena Founding Level Sponsorship

SECTION I. SPECIFICATIONS/SCOPE OF WORK

A. BACKGROUND

Established in 1966, the University of Maryland, Baltimore County (UMBC) is one of twelve institutions that, along with two regional centers, constitute the University System of Maryland. UMBC is located on 482 acres with 4.2 million gross square feet and only 15 minutes from Baltimore’s Inner Harbor and 30 minutes from Washington, D.C.

and five minutes from BWI Airport.

The University of Maryland, Baltimore County (UMBC) is a dynamic public research university located in Baltimore County, Maryland, and is a member institution of the University System of Maryland. UMBC is recognized for its strong commitment to academic excellence, innovation, and inclusive excellence, serving a diverse student population across undergraduate, graduate, and professional programs.

FALL 2026 POPULATION FIGURES

Faculty and Staff: 2,273 Students: 13,566

STUDENT BREAKDOWN

Undergraduate: 11,112

Graduate: 2,445

B. SUMMARY STATEMENT

The University of Maryland, Baltimore County (UMBC), a constituent institution of the University System of Maryland and an agency of the State of Maryland (herein referred to as the "University" or "UMBC"), is seeking proposals for Campus-Wide Sale of Cold Beverages; consisting of bottled beverages, vending machines, bag-in-a-box product for fountain beverages, and related promotional support services. The contract shall be for a period of ten (10) years with three (3) two-year renewal options exercised at the University’s sole discretion.

This solicitation shall be conducted in accordance with the University System of Maryland (USM) Board Regents Procuremen Policies and Procedures. It is anticipated that the University will issue an award in December 2026.

The awarded firm will be required to have their program in place and all vending machines operational no later tha June 31, 2027.

C. PROGRAM OBJECTIVES

UMBC values strategic partnerships that provide mutual benefit to the University, its campus community, and its business partners. Through this RFP, UMBC seeks to establish a comprehensive beverage and pouring rights partnership that delivers high-quality beverage services, enhances the campus experience, supports University priorities, and generates meaningful financial and programmatic value.

The University seeks to establish a Contract that achieves the following objectives:

1. Enhance Beverage Availability and Service

Provide a reliable, convenient, and high-quality beverage program that meets the needs of students, faculty, staff, visitors, and guests, including access to beverage products during evenings, weekends, and other periods when traditional campus dining operations may be limited.

2. Maximize Financial and Programmatic Value

Provide competitive financial and programmatic value to UMBC through commissions, sponsorships, annual financial commitments, marketing support, promotional opportunities, product support, equipment investments, and other proposed benefits. In addition, proposal review and consideration for collaboration opportunities, including event sponsorships and program sponsorships. The partnership should support University programs and operations, including, but not limited to, Auxiliary Services, UMBC Athletics, Institutional Advancement, the CEI Arena, and other campus initiatives.

3. Coordinating Existing Campus Operations Work collaboratively with UMBC and its existing campus service providers and operations to ensure an integrated beverage program. This includes coordination, as applicable, with Dining Services, the University's snack/food/hot beverage vending provider, the UMBC Bookstore and its convenience retail operations, Athletics, the CEI Arena, and other University departments and partners.

4. Support Campus Payment Systems and Technology Support and integrate with UMBC's Campus Card Program and other University-approved payment technologies.

Beverage vending equipment shall accommodate payment methods required by UMBC, including Retriever Card functionality, as well as other commercially accepted payment methods approved by the University.

5. Promote Beverage Choice and Wellness Offer a broad and diverse selection of beverage products that responds to changing consumer preferences and supports UMBC's wellness initiatives. Product offerings should include traditional beverage selections as well as water, lower-calorie, reduced-sugar, zero-sugar, and other better-for-you beverage options.

6. Advance Sustainability Support UMBC's sustainability goals through environmentally responsible business practices, including the use of energy-efficient equipment, responsible packaging and recycling practices, waste-reduction strategies, and other sustainable solutions that may be introduced during the term of the Contract.

7. Provide Reliable Equipment and Responsive Service Maintain appropriate inventory levels and ensure that vending, fountain, dispensing, and other Contractor-provided equipment is clean, properly stocked, operational, and maintained in good working condition. The Contractor shall provide timely and professional responses to equipment failures, product shortages, customer concerns, and other service requests.

8. Strengthening Marketing and Campus Engagement Develop and implement marketing, promotional, and campus engagement strategies that increase awareness and utilization of the beverage program while supporting UMBC's brand, events, Athletics programs, student engagement activities, and other University initiatives.

9. Support Revenue Growth and Program Innovation Collaborate with UMBC throughout the Contract term to identify opportunities to improve beverage service, increase sales and net revenues, introduce new products and technologies, enhance customer convenience, and develop innovative strategies that provide mutual value to the University and the Contractor.

10. Establish a Strategic, Collaborative Partnership Serve as a proactive business partner to UMBC by providing dedicated account management, regular performance reporting, industry expertise, recommendations, and continuous improvement strategies throughout the Contract term.

D. CHESAPEAKE EMPLOYERS’ INSURANCE ARENA

Since opening in 2017, Chesapeake Employers Insurance Arena has become one of Maryland’s notable venues across the state. Quickly plunged into the spotlight in 2018 after UMBC Men’s Basketball became the first ever 16 seed to beat a #1 seed in the Men’s NCAA tournament. The arena has since capitalized on the momentum by hosting countless concerts and shows.

Recently the venue has secured the host site for graduations from Baltimore County, Montgomery County, and Howard County. While also hosting the basketball state championships for Men and Women’s Maryland Public Secondary Schools Athletic Association and Men’s Maryland Interscholastic Athletic Association.

UMBC has demonstrated a strong tradition of athletic excellence and the ability to successfully host high-profile championship events. UMBC won the 2025 America East Volleyball Championship and the 2026 America East Men’s Basketball Championship, with the 2026 championship game held at the Chesapeake Employers Insurance Arena before a capacity crowd. These achievements highlight both the continued success of UMBC Athletics and the Arena’s ability to attract and accommodate highly attended collegiate sporting events.

In addition, in 2027 Chesapeake Employers Insurance Arena will become the host site for a team from the up-and-coming Upshot League.

This state-of-the art facility accomplishes the following:

1. Division I Athletics: Anchor UMBC’s thriving Division I athletics programs, while enabling current students to realize their full promise and potential. UMBC Athletics sponsors 17 varsity sports and numerous club sports. Nearly one thousand student-athletes are involved in these programs. Many of these competitions are held on the UMBC campus at our Stadium Complex, Soccer Pitch, Arena, , or Natatorium. We attract large crowds to many of our home events. For example, basketball averages 1,000 spectators per game and Men’s Basketball and Volleyball reached the NCAA tournament in 2026.

2. Recreational Sporting Events and Camps within campus and with the public: Club sports such as wrestling, ice hockey, and rugby play before large partisan crowds. In addition, UMBC hosts 17 summer camps that attract more than 10,000 campers that very often stay in on-campus housing for the duration of the camp.

UMBC also hosts numerous outside venue rentals including cheer camps, Maryland State High School Championships in girls’ basketball, boys’ and girls’ soccer, boys’ and girls’ lacrosse, and swimming. These events often attract capacity crowds.

The Retriever Activities Center (RAC) is the busiest building on campus year-round and averages 15,000 users weekly. Overall, we believe that our Athletic and Recreation programs provide a tremendous opportunity for exposure to the public.

3. Community Entertainment Resource: Serve as a community entertainment resource for Baltimore and the surrounding region initiated by on campus programs as well as external interest. This facility has brought people together from all over Maryland to enjoy their favorite events. UMBC has developed a cohort of partners who see the value of the Chesapeake Employers Insurance Arena as a highly visible centerpiece of a long-term relationship.

E. MINIMUM QUALIFICATIONS

To be considered for award, the Offeror shall meet the following minimum qualifications as of the Proposal Due Date.

Failure to demonstrate compliance with the minimum qualifications may result in the Proposal being determined not reasonably susceptible to being selected for award.

1. The Offeror shall have at least ten (10) years’ experience providing beverage pouring rights, beverage distribution, vending, fountain beverage services, sponsorship programs, or substantially similar comprehensive beverage services for colleges or universities, governmental entities, healthcare systems, large corporate campuses, sports/entertainment venues, or other comparably sized and complex organizations.

2. The Offeror shall demonstrate that its experience includes the capability to provide and manage the beverage products, equipment, distribution, maintenance/service, and related program support required under this RFP.

3. The Offeror shall provide a minimum of three (3) references for contracts performed within the past five (5) years that are comparable in size, scope, and complexity to the services contemplated by this RFP.

Preference may be given during the technical evaluation to experience involving higher-education institutions or similarly complex multi-facility environments.

For each reference, the Offeror shall provide the organization name, contract term, description and scope of services, approximate size of the program, and the name, title, telephone number, and email address of an individual knowledgeable about the Offeror's performance.

4. The Offeror shall demonstrate that it possesses the organizational, technical, distribution, equipment, service, and personnel resources necessary to successfully implement and maintain a comprehensive beverage program throughout the term of the Contract, including the ability to support the University's dining, retail, vending, athletic, event, and other applicable campus operations.

5. The Offeror shall demonstrate sufficient financial capacity and stability to perform its obligations throughout the anticipated term of the Contract, including its proposed financial, sponsorship, equipment, marketing, and other contractual commitments to the University.

Upon request, the Offeror shall provide documentation reasonably required by UMBC to verify its financial capacity. Such documentation may include audited or reviewed financial statements, annual reports, credit reports, a Dun & Bradstreet report, bank or financial institution references, or other documentation acceptable to UMBC.

6. UMBC reserves the right to verify all information provided, as well as to consult any other sources available including any person or persons associated with the references provided or the project cited as a reference.

UMBC also reserves the right to request additional references or contact any known firm associated with the Offeror, even if not provided as a reference by the Offeror. References will be held in the strictest of confidence.

F. SCOPE OF WORK/SPECIFICATIONS

The Contractor shall provide all products, equipment, personnel, distribution, maintenance, and related services necessary to support UMBC's beverage and pouring rights program. At a minimum, the Contractor shall provide the following:

• Clean, attractive, new and/or well-maintained vending machines in all currently listed locations, as well as any determined future locations (see Exhibit O for a list).

• Machines to vend a variety of quality nationally recognized, brand name beverages and healthy alternatives. The capacity of each vending machine must be ample to satisfy customers’ demands in the particular location between times of regular service. All equipment must conform to State and Federal guidelines, regulations, and/or codes.

• Provide an appropriate mix of beverages with the University’s dining services contractor as described below.

The awarded firm is fully responsibility for obtaining and displaying all required licenses and payment of all taxes associated with such operations in compliance with all Federal, State, and local codes, rules, and laws.

1. DINING SERVICES

1.1 Post-Mix Beverages: The University shall require their Dining Services contractor to purchase all post-mix beverages and approved cups from the awarded Contractor. The sale of product shall be between the awarded Contractor and Dining Services (currently Chartwells) and held at the current normal/customary market price or appropriately discounted with respect to the volume purchased. The Offeror shall submit a price schedule for all products as part of the Financial Proposal and that price schedule shall remain in force during the first year of the contract. Price changes started with the second year of the contract must be submitted to the

University for review, a minimum of 60 days prior to taking effect, and, in all cases, may not exceed the annual change in the National Consumer Price Index (CPI) - Food Away from Home.

1.2 Bottle/Can Beverages: The University shall require their Dining Services contractor to purchase all bottle and can products from the awarded Contractor. The UMBC Bookstore shall be required to purchase bottle and can products from the awarded Contractor in accordance with the terms set forth below under Pouring Rights Exemptions. The sale of products shall be between the awarded Contractor and Dining Services (currently Chartwells) and between the awarded Contractor and the UMBC Bookstore, held at the current normal/customary market price or, appropriately discounted with respect to the volume purchased. The awarded Contractor shall submit a price schedule for all products as part of the Financial Proposal and that price schedule shall remain in force during the first year of the contract. Price changes started with the second year of the contract must be submitted to the University for review, a minimum of 60 days prior to taking effect, and, in all cases, may not exceed the annual change in the National Consumer Price Index (CPI) - Food Away from Home.

1.3 Dining Services Product Sales: Below please find the equipment and product sales based on 2025 and year to date for 2026.

Equipment Type Quantity Fountains 8 valves 15 Coolers Triple door bottled beverage 1

Double door bottled beverage 14 Single door bottled beverage 14

Juice Machines Dole 2 Urns Tea 2

Produce Sales Type FY25 FY26 BNB Units 12,751 12,086 # of Gallons 63,755 60,430 Bottles/Cans 32,403 46,680

2. VENDING MACHINES

2.1 Equipment and Locations: There are currently 51 Machines in 28 locations. See Exhibit O for details.

By submitting a proposal, the awarded Contractor agrees to add, remove, and/or change machines in each existing or future location in response to customer needs and demonstrated usage patterns. All additions, removals, and/or changes must be approved in writing by the University prior to any changes being made.

Note: The University reserves the right to request expedited restocking of specific machines at times of pending activities expected to significantly increase sales volume.

The awarded Contractor shall supply the University with an ample amount of Petty Cash funds for customer reimbursements. The petty cash fund must be kept at a minimum of $50.00 at all times through regularly scheduled visits by the awarded Contractor’s personnel.

2.2 Vending Product Sales: A total of 3,158 cases were sold in FY’25 and a total of 5,692 for FY’26.

3. UMBC BOOKSTORE

3.1 Equipment and Location: The Bookstore includes the Yum Shoppe, a convenience store located on the first level of the Commons Building and has the following equipment:

Equipment Type Quantity Coolers Double Door (single vendor) 6

Double Door (mix) 5 Single Door 1 Water Racks 2

Total 13

3.2 Product sales: A total of 1,142 Bottles/Cans were sold of the current awardee product in FY25 and a total of

889 FY26.

4. POURING RIGHTS

4.1 Exclusivity: The awarded firm is granted exclusive beverage availability and merchandising rights on the

UMBC campus, except as noted in 4.3. below. All products sold, dispensed or served on campus will be provided by the awarded Contractor. UMBC will make the awarded Contractor’s products available for sale in all “package” forms through fountain dispensing, hawking, vending and/or any other means mutually agreed upon by the University and awarded Contractor. Merchandising rights shall include the following:

● Point-of-Sales advertising in a clearly visible and awarded Contractor acceptable manner.

● Concession and menu board display of product trademark and endorsement.

● Use of approved cups, as appropriate, for all served, sold or dispensed beverages.

● Trademark and product endorsement at athletic events/venues.

● Distribution of promotional materials on campus, as provided by the awarded Contractor.

● Exclusive advertising and promotional rights on campus through all existing media, in accordance with campus policies governing the use of such media.

● Sale of beverages through any/all appropriate alternative outlets such as hawking trays, kiosks, themed mobile/push carts, etc., if and to the extent provided by the awarded Contractor.

4.2. Exclusive Association Protection: Exclusive rights are granted to the awarded Contractor with respect to the sale, dispensing and serving of cold beverages on campus. This exclusivity shall be protected and maintained by the University through the following measures:

● No sale, dispensing, serving or sampling of competitive products shall be allowed on campus except as noted in 4.3., below. This provision does not extend to products purchased off-campus and brought to campus for personal consumption.

● No competing trademark visibility, promotional events, advertising rights or signage shall be allowed on campus except as noted in 4.3., below. The University will not allow any association in appearance or by association, between itself and competing Vendors.

● No University endorsement, direct or indirect, shall be made with respect to competitive products except as noted in 4.3., below. Third parties involved in the broadcast of Campus events are not restricted as to the sale of spot advertising for competitive products as long as no association, direct or indirect, is made between those products and any aspect of the University.

● No third-party promotional events that tie back, directly or indirectly, to competitive products will be allowed on campus without the expressed approval/involvement of the awarded firm.

● No “ambush marketing” will be allowed on campus with university action taken against any attempt to associate, directly or indirectly, competitive products with the campus

4.3. Pouring Rights Exemptions: Below are the exemptions to the pouring rights exclusivity.

4.3.1 UMBC Bookstore’s Yum Shoppe: Non- awarded Contractor products may be displayed and sold in bottle/can form only. Total non- awarded Contractor products are currently limited to 30% of the combined shelf and cooler space used for such merchandising. However, vendors are encouraged to provide percentage of non- awarded Contractor products they offer. Use of non- awarded Contractor brand names/trademarks shall be strictly limited to indicating availability and not for promotional purposes. Any equipment/coolers provided by the awarded Contractor and/or bearing awarded Contractor trademarks/brand names may not be used for non- awarded Contractor products.

4.3.2 Remaining Product: Dining Services and The UMBC Bookstore shall be allowed to “sell off” any remaining bottle/can inventory from the current Contractor during the transition period to the new awarded Contractor. Both operations shall make reasonable efforts to reduce standing stock prior to the bid award to minimize this need. The University reserves the right, at its discretion, to use any pre-existing stock of “gratis” beverages from the current Contractor after the initiation of the new contract.

Reasonable efforts will be made to minimize such an occurrence.

4.3.3 Hot Beverage Vending: Hot beverage dispensing through the campus Snack/Food/ Hot Beverage

Vending contract shall not be impacted by any term or condition of this agreement.

4.3.4 Proprietary Branded Concepts: Branded venues on campus, such as Starbucks, may display and sell proprietary bottled products in accordance with the requirements for operating that franchise on campus.

4.3.5 Hot Coffee/Hot Tea/Non-vended Bottled Water: UMBC and its affiliate(s) may serve, sell and/or dispense “brewed on the premise” hot coffee/ hot tea and non-vended UMBC bottled water, regardless of the product source.

4.3.6 Generic Cups: UMBC and its affiliate(s) may opt to serve, sell or dispense beverages in generic cups under appropriate circumstances or conditions as determined by UMBC. In rare case UMBC and its affiliates may opt to serve, sell, or dispense in promotional/seasonal cups that are tied to alumni, local, or MBE organizations with advance notification and approval of beverage contractor.

4.3.7 OCA Mocha & Experimental Learning: Promotion, sampling, and other marketing efforts for internally branded beverages in connection with academic programming and experiential learning will be permitted on campus. OCA Mocha, an off-campus cafe in a university leased property, provides practical, real-world experience for students to operate a fully functioning food service operation in connection with academic credit.

Note: It is understood that all dispensed products, except for certain noted campus and franchise branded operations, will normally be distributed in branded cups purchased by Dining Services through the awarded Contractor as part of the exclusivity of the contract. Reference to “generic” cups above is intended to cover campus/departmental functions handled in-house, not involving the use of Dining Services.

5. EQUIPMENT SPECIFICATIONS

5.1 All equipment, supplies or services shall conform to all applicable Federal and State laws and regulations and to the specifications (refer to Exhibit Q for more details) contained in the solicitation.

5.2 The awarded Contractor shall provide all customary and reasonable post-mix dispensing equipment, coolers, display cases and associated units to Dining Services and the UMBC Bookstore on terms mutually agreeable to both parties. At a minimum, the same type and count of current, in place, equipment must be provided within 30 days of contract initiation. Equipment replacement must be coordinated with the current Contractor and the University to assure an orderly “swap-out” that reasonably maintains product availability, minimizes sales disruption and preserves good customer service.

5.3 Machines placed on day one of the contract must have current state-of-the-art “Energy Star” Certification (refer to Exhibit Q for more details). Machines placed after day one of the contract, as replacements, upgrades or new locations, must comply with the “Energy Star” Certification requirement. If requested by the University, “specification”, cut-sheets of the machines shall be provided by the awarded Contractor to allow for proper assessment of compliance. The University reserves the right to determine if the awarded Contractor’s equipment is in compliance; if not, the awarded Contractor will be required to make the identified changes.

5.4 Vending machines must be securely mounted to the floor and ADA compliant and be equipped with card readers that accept dollar bills, coins, UMBC Campus Card (which is currently on a CBORD platform) and credit cards. In addition, all machines shall be equipped with coin mechanisms which are able to pick up slugs or foreign coins without rendering the machine inoperable.

5.5 UMBC will be responsible for costs associated with bringing connectivity to the vending readers and providing reasonable and customary technical support in establishing final connectivity to the UMBC network. The awarded Contractor shall be fully responsible for providing the vending card reader, an accessible interface port on the machine and the interface cable between that port and the UMBC provided interface.

The awarded Contractor is fully responsible for all transportation and installation costs, with the exception of electrical and “in the wall” data connectivity, incurred in making all vending machines fully operational.

6. EQUIPMENT MAINTENANCE AND REPAIR

6.1 The awarded Contractor shall maintain all equipment in first class repair. The awarded Contractor shall be solely responsible for prompt maintenance and repair of its equipment and shall replace and supplement such equipment to the extent necessary to insure an efficient, sanitary, and satisfactory operation.

6.2 The awarded Contractor shall provide repair service within twenty-four (24) hours of a reported problem, based on a standard Monday through Friday work week. The responding technician must report to the Campus Card Office upon their arrival on campus and prior to leaving campus after corrective action has been taken.

6.3 Failure to respond to a repair service request within the specified time frame above shall result in a penalty assessment of one-hundred dollars ($100.00) per day, payable to the University, for the out-of-service period, based on a seven (7) day week cycle.

6.4 The University reserves the right to request expedited repair services, seven (7) days a week, under certain conditions. The exercise of this right shall be limited to special campus events expected to generate high sales volume.

A monthly report will be provided to the University with a list of all repairs completed for the month.

7. COMMUNICATIONS WITH THE UNIVERSITY

The University’s point of contact is the Assistant Director of the Retriever Card Center. The Contractor’s Customer Service representative assigned to UMBC shall communicate with the University’s representative as follows:

7.1 Meet monthly, with the Retriever Card Center, and appropriate campus operations representatives, to review account status, share information, discuss promotions, address pertinent issues, etc.

7.2 Notify within 2 hours of Contractor’s awareness of any announced voluntary or mandatory product(s) recall. The Contractor shall dispatch service personnel within 24 hours of any recall announcement to remove the noted product(s) from campus machines. UMBC reserves the right to immediately shut down any machine containing suspected products.

7.3 Submit the selling price of all products sold through the vending machines for prior approval. Adjustment to sales price may only be executed with prior approval of the University.

The Consumer Price Index of food served away from home is published by the Bureau of Labor Standards and will be used by the University for evaluation of sale price adjustments. Requests for adjustments must be made prior to September 1 of each successive year of this contract. All adjustments will be effective January 1 of each year.

8. CONTRACTOR’S STAFF – The Contractor shall:

8.1 Assure that service personnel representing the Contractor on campus reflect, at all times, a professional appearance and act in a professional manner. The Contractor’s identification emblem must appear in a conspicuous place on uniforms. The Contractor’s service personnel must observe all University traffic and other regulations while on University premises. The University shall have the authority to remove the campus any employee of the Contractor whose presence shall be deemed, in any way, detrimental to the interests of the University.

8.2 All Contractor service personnel must prominently display a UMBC Campus Identification Card while on campus. The Contractor is responsible for securing these cards from the Campus Card Office and is required to pay the regular and customary fees in place at the time of card issuance. The current fee for new/replacement cards is $26.00. Service personnel must appear in person at the Retriever Card Center, University Center, first floor, for imaging and card fabrication. The University shall have the authority to detain/question any employee of the Contractor not displaying/having proper University identification.

8.3 Conduct proper background checks on all employees who will be sent to the campus to affirm the safety of the campus community and property. The Retriever Card Center shall maintain an active file of Contractor service staff, based on the issued Campus Identification Cards. It is the Contractor’s responsibility to immediately notify the Retriever Card Center of any new/temporary personnel assigned to the campus account and to see that they have the proper identification prior to performing tasks on campus.

8.4 Assume full risk and responsibility for any loss, destruction or damage occurring to the vending machines, machine components, or containers, except such loss or damage as may be attributable to the campus by reason of the negligence of its employees while acting within the scope of their employment. The Contractor shall not be relieved of liability for its negligence or for the negligence of its employees. The contractor assumes the risk of any loss resulting from mechanical defects whereby the vending machines vend merchandise without the deposit of a coin, including “Jack Potting”, and whereby the vending machines discharge coins or return excessive amounts of cash.

8.5 All vehicles and mobile equipment shall be identified with the Contractor's name displayed in a highly visible manner. The Contractor assumes full responsibility for compliance with University vehicular and parking regulations. It is the Contractor’s responsibility to meet with, review all appropriate regulations and complete any required paperwork required by UMBC Parking Services.

9. UNIVERSITY’S CONSIDERATIONS

9.1. Overall: The University is interested in optimizing value back to the institution in the form of annual fixed payments, commission revenue and other considerations. With respect to vending, the University has high expectations that the successful Contractor, in cooperation with the UMBC Department of Campus Card Retriever Card Center, will utilize promotions, incentives and consumer-oriented practices that will encourage increased sales volume over the term of the contract.

9.2. Annual Commissions: The Contractor shall submit a minimum guarantee and vending commission rate quoted in its Financial Proposal, in accordance with the following conditions:

9.2.1 Each Contractor shall submit a revenue projection for total sales during the first operating year commencing July 1, 2027, and ending June 30, 2028. Based upon the projections each Contractor shall submit a minimum guarantee and commission percentage that will be paid to the University based upon generated gross sales and its submitted Financial Proposal.

Gross sales are defined as the grand total of all sale transactions without deductions of any kind being included.

9.2.2 If gross sales are below budget and the commission paid to the University is below the minimum guarantee, the awarded firm shall be responsible to the University for the amount quoted in its Financial Proposal equal to the minimum guarantee. A reconciliation of the minimum guarantee shall be made within five working days at the end of each annual period (June 30th). If gross sales and commission are above the prepared minimum guarantee, the University shall receive full benefit of the amount equal to the quoted commission percentage reconciled on a monthly basis.

9.2.3 The University shall pay the awarded firm on all sales purchased with the UMBC Campus Card less a 3% processing fee. Reconciliation of Campus Card debit sales will occur monthly.

9.2.4 The awarded firm shall submit a profit and loss statement monthly to the designated University representative showing dollar amounts and expense percentage of gross income. The awarded firm agrees to supply the University with complete and accurate records of sales by location.

9.2.5 The awarded firm shall provide the designated University Representative with monthly sales and commission reports by location and machine and a copy of the monthly Sales Tax Report to the State.

9.2.6 All commissions shall be paid to the University no later than 10 days after the month end close. Vending commissions due for the month and coinciding with the close of the University’s fiscal year must be paid no later than 5 days after the close of the month. Sales and commissions shall be reported by product, location and machine number.

9.2.7 The awarded firm shall make recommendations and propose ways in which new technology in the form of beverage dispensing and service may be utilized by UMBC to create an exciting and elevated experience for the campus community.

9.2.8 All payments, sales and commission reports shall be reported to the University. Payments shall be made by company check or U.S. Postal Money Order made payable to the University of Maryland, Baltimore County.

9.2.9 Critical Support Areas: The Exclusive Beverage and Pouring Rights contract provides critical support for three key campus operations: (1) Institutional Advancement, (2) Athletics and (3) Campus Card Auxiliary Services. The following considerations must be addressed in the proposal:

9.3 UMBC Athletics

9.3.1 Annual Athletic Program Support:

9.3.1.1 Annual Donation: The awarded firm shall make an annual donation to the UMBC Athletics

Department. These funds shall be used to enhance campus athletic and recreational programs. The initial donation shall be made within 30 days of the contract start date, with subsequent donations made on the contract anniversary date each year. The amount of the donation shall remain fixed throughout the contract period.

9.3.2 Sponsorship Packages: The Contractor shall also include one of the following sponsorship packages in its proposal for Chesapeake Arena and UMBC Athletics’ promotional media assets:

Option A - Chesapeake Employers Insurance Arena Category Specific Exclusivity*

Contractor shall be featured with exclusive vending and promotional marketing in the non-alcoholic pouring rights categories of carbonated soft drink, juices, and packaged teas. Contractor shall have first right to match any competitive offer received by UMBC for any non-exclusive category. UMBC shall provide advertisers with terms of a competitive offer and Advertiser shall have 10 business days from the date of the proposal provided to agree to or decline to match the competitive offer. Should returned communication not be provided in that time, an automatic decline will be executed. UMBC shall have the ability to negotiate with third parties concerning such rights without restriction.

(*The full Option A benefits package is outlined in Exhibit Q)

Option B - Chesapeake Employers Insurance Arena extended Exclusivity Sponsorship**

Contractor prefers will be featured with exclusive vending and promotional marketing in the non-alcoholic pouring rights categories of carbonated soft drink, juices, energy drinks, fruit flavored beverages, isotonic and sports beverages (including protein ready to drink beverages), packaged waters, packaged teas, packaged milk, bulk milk, brewed coffee beverages, THC infused beverages and packages teas. Any future beverage categories not referenced in Option B.

Contractor will have first right to match any competitive offer received by UMBC for any non-exclusive category. UMBC shall provide advertisers with terms of a competitive offer and Advertiser shall have 10 business days from the date of the proposal provided to agree to or decline to match the competitive offer.

Should returned communication not be provided in that time, an automatic decline will be executed. UMBC shall have the ability to negotiate with third parties concerning such rights without restriction.

(**The full Option B benefits package is outlined in Exhibit R)

Option C - Chesapeake Employers Insurance Arena Founding Level Sponsorship***

Contractor is also offered a Founding Level sponsorship with a robust athletics marketing package. Category details of exclusivity to match Option B. (***The full Option C Sponsorship benefits package is outlined in Exhibit S)

9.3.3 Sports Drink Sideline Kit: The awarded firm shall make an annual donation of these kits with a non-retail value of $5,000.

9.3.4. Athletic Performance / Replenishment Drinks: The awarded firm shall offer discounted case pricing on protein-based recovery drinks for Athletics.

9.4 UMBC Office of Institutional Advancement:

9.4.1 Annual Scholarship Donation: The awarded firm shall make an annual donation to support UMBC Scholarship activities. The initial donation shall be made within 30 days of the contract start date with subsequent years made on the contract anniversary date. The amount of the donation shall remain fixed throughout the contract period.

9.4.2 Annual Marketing Support Contribution: The awarded firm shall provide a fixed annual amount for general marketing support on campus.

These funds will be used to foster activities that build community among students and alumni. The initial donation shall be made within 30 days of the contract start date with subsequent years made on the contract anniversary date. The amount of the donation shall remain fixed throughout the contract period.

9.5 UMBC Campus Card

9.5.1 Vending Commission Guarantee and Revenue: The awarded firm shall establish an annual minimum guarantee and annual commission rate with respect to vending machine use based upon generated gross sales. Commission shall be paid monthly and will be used to support general Campus Card operations.

9.5.2 Case of can/bottle product: The awarded firm shall provide UMBC Campus Card with 250 cases annually for free distribution at campus events such as pre-semester move-in.

9.5.3 Marketing Allowance: The awarded firm shall provide UMBC with annual marketing allowance to help in the promotion of the brand and help supplement campus events in which the brand is featured. Currently, marketing allowance funds are provided to Retriever Card Center (vending), Dining Services (bag-in-box and bottled beverage), and Bookstore (bottled beverage).

9.6 Sustainability: UMBC is a signatory of the ACUPCC (American College and University President’s Climate Commitment) and has taken a prominent role in fostering environmental consciousness and responsibility. In support of these efforts, the campus would welcome the provision of affordable (branded) compostable cups/lids on the dispensing side of operations.

SECTION II. EVALUATION AND SELECTION PROCEDURE

A. EVALUATION COMMITTEE

All technical proposals received by the closing deadline will be evaluated by a committee appointed by the Procurement Officer. The committee may request additional technical assistance from any source within the University System of Maryland, state government, or other sources deemed appropriate. Technical and price proposals will be evaluated independently.

B. QUALIFYING PROPOSALS

Proposals shall be initially reviewed for compliance with the solicitation requirements. Failure to comply with solicitation requirements may result in a proposal being classified as not reasonably susceptible of being selected for award. Minor irregularities in proposals that are immaterial or inconsequential in nature may be cured or waived whenever it is determined to be in the University's best interest.

C. TECHNICAL EVALUATION

1. After determining compliance with the RFP’s minimum requirements, the evaluation committee will assess and rank technical merit of each proposal in accordance with the criteria below.

2. At the discretion of the Procurement Officer following recommendations by the evaluation committee, a shortlist of qualified proposals may be established during the technical evaluation. Only shortlisted offerors would continue in the evaluation process; offerors not short-listed shall be so advised.

3. Interview sessions will be conducted with Offeror as determined by the University. The purpose of these sessions is to meet the key personnel and discuss aspects of the Vendor’s proposals.

4. Following the interviews, a second phase evaluation will be conducted after which negotiations may be conducted with Vendor(s) as the University finds appropriate.

5. The University will choose from among the highest rated Vendor proposals the one which will best serve the interests of the University.

Further information may be requested by the University during the selection process.

UMBC reserves the right to take the following action without liability:

- Cancel this solicitation prior to an award;

- Reject in whole or in part, any and all proposals ;

- Negotiate with only one firm or multiple firms; and/or

- Accept any proposal in the best interest of the University.

D. FINANCIAL EVALUATION

Price proposals will be evaluated separately from Technical Proposals.

E. DISCUSSIONS - BEST AND FINAL OFFERS

1. The Procurement…