Bid 2024 05 Beverage Vending and Pouring Rights~4.docx

Request for Bid

Bid #2024-05 Beverage Vending and Pouring Rights

BID ISSUED:

March 18, 2024, at 11:00 am EST

BID RESPONSES DUE BY:

April 16, 2024, at 2:00 pm EST

MAIL or DELIVER TO:

John Caffelle, Director of Administrative Services Massasoit Community College One Massasoit Blvd.

Brockton, MA 02302

TABLE OF CONTENTS

PART II EXCLUSIVITY 3

REQUIRED FORMS 20

COMMONWEALTH OF MASSACHUSETTS – CONTRACTOR

AND WITH UNEMPLOYMENT COMPENSATION

MASSASOIT COMMUNITY COLLEGE

BID 2024-05

BEVERAGE VENDING AND POURING RIGHTS

PART I INTRODUCTION

A. Invitation

Massasoit Community College (Massasoit), (MCC), an agency of the Commonwealth of Massachusetts invites bids from qualified vendors to provide beverage services for eighteen (18) beverage vending machines in various locations at the Brockton and Canton Campuses and to be the exclusive beverage supplier for the college.

B. Background Information

Founded in 1966, Massasoit Community College is one of the largest community colleges in Massachusetts. Massasoit offers more than 60+ associate degrees, and certificate programs across arts, sciences, and applied sciences. With three locations in Brockton, Canton, and Middleborough, Massasoit serves students from across the metro south region. More than 800 students graduate with an associate degree or certificate each year from Massasoit, and 1,500 students annually enroll in non-credit community education or workforce development courses. Massasoit offers a wide variety of support services to help students develop academic, emotional, and social skills.

C. Bid Distribution

This bid is being distributed electronically using the Commonwealth of Massachusetts’ online solicitation system COMMBUYS (https://www.commbuys.com). A notice is also being posted on the Commonwealth of Massachusetts’ Goods and Services Bulletin, in the Brockton Enterprise, on the College’s public records site and in the College’s purchasing area.

Bidders are solely responsible for checking COMMBUYS for any amendments or modifications that are subsequently made to this bid. The College accepts no liability and will provide no accommodation to Bidders who fail to check the COMMBUYS posting after the responses to questions have been posted to ensure that they have the most recent information. Modifications to the body of the bid, specifications, or that change the intent of this bid are prohibited and may disqualify a response.

D. Bid Timeline

The following is the detailed timeline for this bid, Massasoit Community College reserves the right to modify this timeline at its sole discretion.

Site Visit:

The gathering point for the site visit will be the lobby of the Administration Building at the Brockton Campus.

March 25, 2024, at 10:00 am EST

Bidder’s Questions Due:

(No questions shall be accepted for this Bid after April 1, 2024 at 5:00 pm EST to allow the College sufficient time to respond to the questions.)

April 1, 2024, at 5:00 pm EST

PART II EXCLUSIVITY

It is the intent of the College to have an exclusive beverage vending supplier on its Brockton and Canton Campuses. For the purposes of this bid, “Beverages” shall mean all carbonated and non-carbonated non-alcoholic beverages including carbonated soft drinks, individually packaged waters, ready to drink coffees, juices, teas, isotonics and energy drinks. Energy drinks that have high sugar content and may increase the risk of heart disease and diabetes are not permitted.

It is the goal of the College to move away from sugar based soft drinks and offer healthier choices whenever possible. The exclusivity does not include milk or milk products or hot coffee and other hot beverages. Massasoit Community College will have final approval as to the beverages offered in the vending machines.

In consideration of this exclusivity commitment, please propose in detail any incentive programs, including signing award and lump sum yearly payment (not including commissions) to be made to the College.

Lump sump exclusivity payments will be made to the College on July 15, 2024, and on the 15th day of July for each subsequent year of the contract.

PART III SCOPE OF SERVICES

Massasoit Community College operates two cafeterias, one in the Student Center at the Brockton Campus and one on the Canton Campus. The cafeterias are operated and managed by Lessing’s Food Service Management. Lessing’s Food Service Management will honor the college’s selection of the vendor to provide exclusive pouring rights and will work directly with the vendor to satisfy the needs of the College’s Brockton and Canton Cafeterias.

At a minimum, the vendor shall sell carbonated soft drinks, individually packaged waters, ready to drink coffees, juices, teas, isotonics and energy drinks. Currently there are fourteen (14) vending machines on the Brockton Campus dispensing a mixture of carbonated and non-carbonated beverages and water. There are four (4) vending machines on the Canton Campus also dispensing a mixture of carbonated and non-carbonated beverages and water.

On September 21, 2023, Governor Maura Healey issued Executive Order #619: Eliminating the Purchase by Executive Departments of Single-Use Plastic Bottles. The order bars all executive offices and agencies in Massachusetts from purchasing any single-use plastic bottles under 21 fluid ounces except in cases of emergency.

Massasoit Community College understands that at the beginning of the contract not every item will comply with Executive Order #619, but it is the college’s intent that the majority of products offered will be state compliant with the executive order. Non-compliant product offerings will be at a minimal. The college’s goal is to have all products offerings to be state compliant on or before December 31, 2024.

The bid submitted should provide the commission rates to be paid to the college for various beverages in the vending machines, as well as a minimum yearly guaranteed commission if one is offered. It should be understood that the College and the successful bidder will agree on the final placement of machines and selling prices. Any change in selling prices during the life of the contract should be submitted in writing and approved by the College.

Specific placements may be increased, decreased, or otherwise changed during the life of the contract only by mutual agreement between the vendor and the college. The College reserves the right to request the removal of any machine that the College deems inappropriate for any reason including but not limited to product type and location.

All vending machines should be new or in a like new condition and maintenance of all machines will be the responsibility of the vendor. Service calls for repairs or service should be fulfilled within twenty-four (24) hours of the request. All vending machines must be equipped with vendor misers. Vending machines must accept five-dollar bills, one dollar bills and coins. The College also requests that all vending machines accept credit cards.

Current Locations of Beverage Vending Machines

Brockton Campus

Beverage Vending Machine #

The Technology Building is currently closed and the vending machines have been removed. Upon its reopening, the college expects that three machines will be placed in the hallways at doors 1, 2 and 3.

The Liberal Arts Building will undergo extensive renovations in 2025 and will be closed for an extended period. Upon its reopening, the college and the vendor will mutually agree as to the number and locations of the machines within the building.

The Science Building will undergo extensive renovations in 2026 and will be closed for an extended period. Upon its reopening, the college and the vendor will mutually agree as to the number and the locations of the machines within the building.

Current Locations of Beverage Vending Machines

Canton Campus

Beverage Vending Machine #

Science Wing

Science Wing

A. Installation of Equipment The Vendor shall furnish vending equipment in first class mechanical operation and attractive in appearance on the date of installation. All equipment must be UL approved, must confirm to all federal/state and local regulatory agencies, and must be in new or newly refurbished condition with no equipment being more than three (3) years old.

All beverage vending equipment must be installed and operational on or before July 15, 2024.

The Vendor agrees to keep energy consumption at a minimum. All equipment must possess Energy Star capability. Vendor misers must be installed on all vending equipment. Any unnecessary lighting in the front panel of the machines should be turned off or always kept to a minimum. In addition, all equipment shall have electronic POS capability for purchases.

The Vendor shall furnish all equipment herein specified and all supervision and labor necessary for the operation of the vending services included in this contract. The College, acting with the approval of the Commonwealth of Massachusetts, permits the Vendor to use such spaces as necessary to carry out the terms of the contract. Subsequent modifications of space needs shall be subject to mutual agreement.

Where required, the College will be responsible for all expenses to bring utilities to the vending equipment site. The Vendor will be responsible for paying the cost of connections to the equipment for the provided utility source, including all other costs of installation of said equipment.

B. Permits/Licenses

The Vendor shall be responsible for obtaining all required permits, licenses, and bonds to comply with municipal, county, state, and federal laws, and assumes all liability for applicable taxes.

C. Maintenance and Repair

Equipment and supplies will be maintained during the term of this agreement in a condition satisfactory to the College. As such, the Vendor will adhere to the highest standards of cleanliness and sanitary practices.

The Vendor will conduct a program of preventative maintenance and regular replacement of worn, damaged, or malfunctioning vending equipment. Equipment that cannot be returned to full service within four (4) working days of notification of needed repairs shall be replaced with equipment of similar kind and quality.

The Vendor will deliver products to all equipment Monday through Friday from 7:00 am to 5:00 pm. The Vendor will identify certain equipment that requires product stocking more frequently and will maintain adequate inventory in such equipment. Vending machines will be stocked and operational during the entire year.

The College agrees to provide reasonable measures for protection against pilferage or destruction and will make every effort to provide a safe and secure environment for all who use the college’s facilities but will not be responsible for damage to equipment through negligence or intentional misuse. All required equipment repairs will be at the expense of the Vendor. The Vendor and/or the College may prosecute individuals for acts of property damage, theft of product and money, and fraudulent acts.

D. Sustainability

On September 21, 2023, Governor Maura Healey issued Executive Order #619: Eliminating the Purchase by Executive Departments of Single-Use Plastic Bottles. The order bars all executive offices and agencies in Massachusetts from purchasing any single-use plastic bottles under 21 fluid ounces except in cases of emergency.

Massasoit Community College understands that at the beginning of the contract not every item will comply with Executive Order #619, but it is the college’s intent that the majority of products offered will be state compliant with the executive order. Non-compliant product offerings will be at a minimal. The college’s goal is to have all products offerings to be state compliant on or before December 31, 2024.

Beginning the first year of the Contract and throughout the life of the Contract, the awarded Vendor agrees to assist the College in developing and implementing an environmental plan. The objective of the environmental plan will be to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment, such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

· Adopting standards and/or obtaining certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice and others.

· Developing a plan to implement the recycling of materials used or produced in normal business operations.

· Using alternative fuel vehicle for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles.

E. Commissions

Commissions will be listed by the Vendor on the included bid form on gross sales on all vending machine items.

The Vendor will provide appropriate substantiating accounting records and will pay the College the commission percentage of each period gross vending sales on or before the 15th day of the month following the last day of the month in which commissions were earned and shall accompany this payment with a detailed explanation of sales on a form to be determined by the College.

One year from the effective date of this contract, and each full year thereafter during the life of this contract, the Vendor will pay the College that portion of the commission due, if any, to equal the guaranteed annual commission required in this contract. Payment shall be made by the 15th day of the following accounting period and recorded as commissions paid in the year the guarantee was due. On expiration or termination of this contract, partial year guarantee minimum commissions due, if any, shall be calculated as that portion of the total number of periods is to the annual guaranteed commission for the number of periods for which service was provided. Commissions due to the College will be paid on sales until all equipment has been removed.

The Vendor will maintain complete and accurate records of vending transactions for each machine in accordance with accepted industry standards and will keep such financial records for a period of three (3) years from the close of each year’s operation.

The Vendor’s inventory control of reported inventory sales for route employees, after reconciliation to cash collections, shall be used as the basis to compute commissions payable to the College. Collections shall be bagged and counted by machines, reconciled to reported inventory sales and not co-mingled with changer funds.

The College may require the Vendor, at the Vendor’s expense, to equip all or some vending equipment with non-reset item sale counters that are maintained in continual operative condition.

The Vendor will expedite and be liable for the supply and maintenance of funds for refunds according to a system approved by the College.

In the event different items are sold in the same machine for which varied commissions are paid under the terms of the contract, the revenue for these sales will be reported by location in the revenue category for that item.

Commissions will not be paid on the Vendor’s revenue losses resulting from vandalism or theft of money or product from equipment at Massasoit Community College.

A representative of the College shall be permitted to accompany the Vendor’s route employees, when instructed to do so by the College Administrator, to observe meter counts and money collections.

On request of the College, the Vendor will meet with the College and review each period statement, explain deviations, discuss problems, and mutually agree on procedures to improve required services included in this contract. All records pertaining to the operations of this contract shall be open for inspection and/or audit by the College or its authorized representatives.

F. Examination of Books, Records, and Other Data

The Governor of the Commonwealth of Massachusetts or his/her designee, the Secretary of Administration and Finance, and the State Auditor or his/her designee shall have the right at reasonable times and upon reasonable notice to examine the books, records, and other compilations of data of the Vendor which pertain to the performance of the provisions and requirements of this Contract.

G. Qualifications and Experience The Vendor should provide a company profile, length of time in business, core competencies, and bios of key personnel who will be assigned to the College. The Vendor should have ten (10) or more years’ experience in beverage vending services that highlights previous relevant experience in higher education.

PART IV KEY BID EVENTS

A. Questions

1. General Instructions: It is the responsibility of all Bidders and other interested parties to examine the entire bid and to seek clarification, in writing, if they do not understand any information or instructions.

a. The questions must be submitted, by email, and received by John Caffelle, Director of Administrative Services at jcaffelle1@massasoit.mass.edu as soon as possible but no later than the date and time specified in the bid timeline. Attempts to submit questions via phone or personal contact are not appropriate and will not be answered. Bidders are prohibited from obtaining information about this bid from any other college personnel. Violation of this provision may lead to disqualification from the bidding process, at Massasoit’s discretion. Inquiries received after the specified date and time will not be accepted.

b. Submitted questions must include the Bid Number and Title in the subject line of the email. Massasoit assumes no liability for assuring accurate/complete/on time email transmission and receipt.

2. Questions and Responses: Responses to all questions will be compiled in writing and posted on COMMBUYS, https://www.commbuys.com . It is the responsibility of all interested parties to go to the website to obtain a copy of the responses to the questions. Only those responses issued in writing on this website will be considered binding.

B. Amendments

Massasoit reserves the right to amend or alter the bid at any time prior to the deadline for submission of bid. All amendments released in regard to the bid will also be posted on COMMBUYS, https://www.commbuys.com It is the responsibility of all interested parties to go the website to obtain amendments. Only those amendments posted on this website are considered binding. All amendments shall be covered in the bid and shall be part of the contract.

C. Submitting the Bid

1. Bids Due: Bids will be received until April 16, 2024 at 2:00 pm EST, when they will be publicly opened and read in the President’s Conference Room, Administration Building at Massasoit’s Brockton Campus.

Bids submitted after this date and time will not be considered. Sole responsibility rests with the bidder to ensure that Massasoit receives the bidder’s bid prior to the bid due date and time. Massasoit shall not be responsible for any delays or missed deliveries caused by common carriers. Any risks associated with physical delivery of the bid are borne by the bidder.

If, at the time of the scheduled bid opening, the College is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation or some other unforeseen circumstance, the scheduled bid opening will be postponed until 2:00 pm EST on the next normal business day. Bids will be accepted until that date and time.

2. Delivery Instructions: One (1) original and three (3) hard copies of each bid shall be submitted along with (1) electronic copy on a flash drive. The original shall be marked “Original”. The electronic copy shall be submitted in Word or .pdf format. Bid should be submitted in a sealed envelope and clearly marked on the outside:

BID #2024-05 BEVERAGE VENDING AND POURING RIGHTS – DO NOT OPEN and mailed or delivered to:

John Caffelle, Director of Administrative Services Massasoit Community College One Massasoit Blvd.

Brockton, MA 02302

Please note that Fax and Email Bid Responses will not be accepted.

PART V GENERAL PROVISIONS

A. General Information

1. Bid Format: All bids must adhere to the instructions and format requirements outlined in the bid and all written amendments issued by Massasoit. Bids are to follow the format and respond to all questions and instructions specified in the Bid Submissions Requirements section of the bid.

2. Bid Expenses: Issuance of the bid does not commit Massasoit to issue an award or to pay expenses incurred by a Bidder in the preparation of a response to the bid.

3. Bid Modifications and Withdrawals: A Bidder may modify or withdraw a bid by email notice to John Caffelle, Director of Administrative Services at jcaffelle1@massasoit.mass.edu prior to the date and time of the bid deadline. Each modification must be numbered in sequence and must reference the original bid.

4. Bid Minor Informalities and Irregularities: Massasoit, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in bids received in response to the bid.

5. Bid Authorization, Pricing and Validity: The bid must be signed by a person authorized to legally bind the Bidder and must contain a statement that the bid and the pricing contained therein will remain valid and binding for a period of 180 days from the date and time of the bid opening.

6. Bid Cancellation: Massasoit reserves the right to cancel this bid at any time before a contract has been executed and approved, in which event the College will reject any and all bids received in response to this bid. Should the bid be canceled, all expenses related to preparation of response to this bid remain the responsibility of the Bidder.

7. Bid Evaluation: Bidders will take careful note that in evaluating a bid submitted in response to the bid, Massasoit will consider materials provided in the bid, and internal information of previous contract history with the Bidder (if any). Massasoit also reserves the right to consider other reliable references and publicly available information in evaluating a Bidder’s experience and capabilities.

8. Massachusetts Public Records Law: All responses and information submitted in response to this bid are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26(h). Any statements reserving confidentiality or privacy rights in submitted responses or otherwise inconsistent with these statues will be void and disregarded.

9. Applicable Laws: All applicable laws, whether or not herein contained, are included by reference. It is the Bidder’s responsibility to determine the applicability and requirements of any such laws and to abide by them.

B. Contract Term

Massasoit is seeking bids to provide services, as defined in the bid, for the anticipated contract period defined in the table below.

PART VI BID SUBMISSION REQUIREMENTS

The Bidder’s bid must follow the outline used below. Failure to use the outline specified in PART VI, or failure to respond to all questions and instructions throughout the bid, may result in the bid being disqualified as non-responsive or receiving a reduced score. The College, and its evaluation team, has sole discretion to determine whether a variance from the bid specifications will result either in disqualification or reduction in scoring of a bid. Rephrasing of the content provided in the bid will, at best, be considered minimally responsive.

Bidders are not to provide additional information beyond those specified in the bid for the purpose of extending their response. Additional materials not requested will not be considered part of the bid and will not be evaluated. Include any forms provided in the submission package or reproduce those forms as closely as possible. All information must be presented in the same order and format as described in the bid.

Bid Format and Contents

The following forms must be completed, signed by a person authorized to enter contracts on behalf of the Bidder and must be submitted with the bid.

1. Commonwealth of Massachusetts – Contractor Authorized Signatory Listing

2. Attachment A: Bid Cover Page

3. Attachment B: Statement of Financial Strength

4. Attachment C: Certificate of Compliance with State Tax Laws and with Unemployment Compensation Contribution Requirements

5. Attachment D: Non-Collusion Certification

6. Attachment E: Debarment Certification

7. Attachment F: Qualifications and Experience Form

8. Attachment G: Business Reference Form

9. Attachment H: Payment Form

PART VII BID EVALUATION

Bids will be evaluated based on the following criteria:

Lump Sum Exclusivity Payments, Vending Services Commissions and Guaranteed Minimum Yearly Commissions

Qualifications and Experience

Business References

Evaluation of the submitted bids will be accomplished as follows:

A. Evaluation Process – General Information

1. An evaluation team including the Comptroller and the Director of Administrative Services will judge the merits of the bids received in accordance with the criteria defined in the bid.

2. Massasoit reserves the right to communicate and/or schedule interviews/presentations with Bidders, if needed, to obtain clarification of information contained in the bids received. Changes to bids, including updating or adding information, will not be permitted during any interview/presentation process, and, therefore, Bidders must submit bids and other requested information as clearly and completely as possible.

B. Award

Rule for Award

1. The College reserves the right to accept the bid deemed best value for the Commonwealth of Massachusetts and the College. Best value is the result of common-sense procurement decision-making consistent with the Commonwealth’s procurement principles, which are to balance and support the achievement of required outcomes, best quality economic value, timely performance, minimizing the burdens on administrative resources, expediting simple or routine purchases, flexibility in developing alternative procurement and business relationships, encouraging competition, encouraging the continuing participation of quality Vendors and supporting the Commonwealth and the College’s procurement planning and implementation process.

2. Issuance of the bid in no way constitutes a commitment by Massasoit to award a contract, to pay costs incurred in the preparation of a response to the bid, or to pay costs incurred in procuring or contracting for services, supplies, physical space, personnel or any other costs incurred by the Bidder.

Method of Award

Notice of award will be in the form of an email or letter.

Acquisition Method

Fee for services.

Single or Multiple Vendors

Single.

Use by Single or Multiple Departments

The award of this bid will be for Massasoit Community College only. Massachusetts state higher education institutions have the option to engage the competitively selected vendor for a similar service but through a separate and independent contract. Massasoit Community College will have no responsibility for other agency agreements or payments.

PART VIII CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Authorization

Massasoit requires advance approval by the College’s Board of Trustees, this approval must be in place prior to contract execution by the authorized college official.

B. Contract Documents

1. The awarded Vendor will be required to execute a Commonwealth of Massachusetts Standard Contract Form and submit a W-9 form. The Contract shall not be binding upon Massasoit Community College until it has been completely executed and a copy of such fully executed Contract is delivered to the Vendor.

2. The Contract between Massasoit and the successful Vendor will include as integral parts thereof: Commonwealth of Massachusetts Standard Contract Form and the Commonwealth Terms and Conditions, this bid and amendments thereto, and the Vendor’s response to the bid.

3. In the event of a conflict in language between any of the above-mentioned documents, the provisions and requirements set forth or referenced in the Commonwealth of Massachusetts Standard Contract documents and this bid with the amendments shall govern. In the event that an issue is addressed in the response that is not addressed in the bid, no conflict in language shall be deemed to occur.

4. In providing services and performing under the Contract, the awarded Vendor must act as an independent contractor and not as an employee of Massasoit.

C. Contract Provisions

1. Contract Assignment

The Vendor cannot assign or subcontract, in whole or in part, its rights or obligations under the Contract, without prior consent of Massasoit Community College.

2. Contract Changes

The Contract shall not be modified, altered or changed except by mutual agreement. Confirmation must be in writing by an authorized representative of each party to the Contract.

3. Contract Taxes

No charge will be allowed for federal, state, property, or municipal sales or excise taxes, from which Massasoit Community College is exempt by law. The bid price shall be net and shall not include the amount of any such tax.

Exemption certificates, if required, will be furnished on forms provided by Massasoit Community College.

4. Contract Termination

The Contract may be terminated without cause by either Massasoit Community College or the Vendor by giving written notice to the other party at least thirty (30) calendar days prior to the effective date of termination stated in the notice. In the event of termination, the College will be permitted to cancel the contract with no penalty of any kind effective on the date of such termination.

Equipment not removed from college locations on termination of this contract after ten (10) days may be removed and placed in storage by the College. All costs for removal, storage and product and revenue loss shall be the Vendors.

5. Contract Breach

Massasoit Community College may terminate the Contract if the Vendor fails to fulfill the required obligations or fails to comply with the contract provisions by giving written notice to the Vendor at least seven (7) calendar days prior to the effective date of termination stated in the notice. The notice shall state the circumstances of the alleged breach and may state a period during which the alleged breach may be cured, which cure shall be subject to Massasoit Community College’s approval.

6. Confidential Information

During the performance of the Contract, the Vendor may have access to sensitive and/or confidential information, the privacy of which is legally protected or the disclosure of which is legally prohibited. The Vendor will be required to keep such information confidential to the fullest extent provided by state or federal law.

7. Indemnification

The Vendor shall indemnify and hold harmless the College, its employees and agents from any and all claims, actions or demands arising from the acts or omissions of the Vendor, its employees or agents in the performance of its obligations under this or any subsequent Contract or agreement and doing business as authorized herein, including costs, attorney fees and expenses incurred by reason thereof.

8. Insurance

Vendor agrees to obtain and maintain in full force and effect a policy or policies of public liability and property damage insurance, in form and substance satisfactory to Massasoit Community College, under which Massasoit Community College is a named certificate holder and additionally insured party, and under which the insurer agrees to indemnify and hold harmless the College, its employees and agents from any and all claims, actions or demands arising from the acts or omissions of the Vendor, its employees or agents in the performance of its obligations for the entire term of the Contract. Each such policy shall be non-cancelable without thirty (30) days written notice to Massasoit Community College.

Certificate of insurance shall be delivered to the College within ten (10) days of award of contract. Massasoit Community College reserves the right to refuse performance under this contract if such certificate is not provided as specified above. If any policy is canceled, Vendor must obtain and provide the College with evidence of a replacement policy on equivalent terms as a condition to Vendor’s right hereunder to continue performance of the contract. The minimum limits of liability of such insurance shall be $5,000,000 bodily injury, personal injury and property liability combined single limit.

Vendor shall also obtain and provide the College with evidence of motor vehicle insurance with $5,000,000 bodily injury and property damage liability coverage and worker’s compensation insurance covering the work of Vendor hereunder or otherwise undertaken by Vendor in connection with the Contract. Vendor shall be responsible for obtaining evidence of motor vehicle insurance with $5,000,000 bodily injury and property damage liability coverage with respect to each agent and sub Vendor employed in connection with the Contract. Massasoit Community College shall have no responsibility or liability for any loss (by theft or otherwise) of or damage to fixtures or other property of Vendor, its agents, employees, vendors, licensees, visitors or invitees.

9. Force Majeure

The parties agree that, if by reason of strike or other labor disputes, civil disorders, inclement weather, pandemics, acts of God or other unavoidable cause, either party is unable to entirely perform its obligations, such non-performance shall not be considered a breach of the Contract.

10. Nondiscrimination in Employment

Nondiscrimination in Employment: The Vendor shall not discriminate against any qualified employee or applicant for employment because of race, color, national origin, age, sex, sexual orientation, gender identity, religion, genetic information, maternity leave, military service, marital status or disability. The Vendor agrees to comply with applicable federal and state statutes, rules and regulations prohibiting discrimination in employment, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, Massachusetts General Laws, Chapter 151B and all administrative and executive orders, where applicable.

Massasoit Community College is an affirmative action/equal opportunity employer and does not discriminate on the basis of race, color, national origin, sex, disability, religion, age, veteran status, genetic information, gender identity or sexual orientation in its programs and activities as required by Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, and other applicable statutes and college policies.

Massasoit prohibits sexual harassment including sexual violence. Inquiries or complaints concerning discrimination, harassment, retaliation or sexual violence shall be referred to the Massasoit Affirmative Action and/or Title IX Coordinator, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunities Commission or the United States Department of Education’s Office for Civil Rights.

11. Employees

The Vendor will provide adequate staff for the efficient operation of all aspects of the Contract with Massasoit Community College.

All workers performing services shall be employees of the Vendor and shall not under any circumstances be considered employees of Massasoit Community College. The Vendor shall provide and be responsible for all required services and benefits to its employees, including worker’s compensation and unemployment insurance. All personnel should be in a uniform when on each of the campuses, and supplied with a badge or identification card.

12. Digital Technology Accessibility Requirements

The service provided by the Vendor shall be accessible, functional, and usable for all individuals with disabilities and shall at a minimum comply with the standards and principles of the World Wide Web Consortium’s Web Content Authoring Guidelines, 2.0, level AA.

As part of its response (if applicable), Vendor will provide a VPAT or accessibility testing results for any pre-existing software, including third party software, that Vendor is delivering to the College.

13. Approval Requirements for College’s Data Systems and Processes

Any work or projects that interface with college data systems and processes must first be approved by the College’s Office of Information Technology Services.

14. Governing Law

The Contract, if awarded, shall be governed by, and construed in accordance with the laws of the Commonwealth of Massachusetts.

It is understood that Massasoit Community College is a state institution and derives its operating funds from annual appropriations by the Legislature of the Commonwealth of Massachusetts. Multiple year contracts are subject to annual appropriations.

The Commonwealth of Massachusetts, shall be the proper venue for any litigation involving this Contract. The Contract specifications may not be varied unless specified in writing and signed by both parties.

Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. It is understood by and between the parties that this Agreement is not intended to establish a joint venture between the College and the Vendor nor shall the College be in any way responsible for the debts/and or losses of the Vendor.

REQUIRED FORMS

In addition to the Bid as described in the Scope of Services, all the required forms must be submitted with the bid materials to be considered a responsive bidder.

1. COMMONWEALTH OF MASSACHUSETTS – CONTRACTOR AUTHORIZED SIGNATORY LISTING

2. ATTACHMENT A: BID COVER PAGE

3. ATTACHMENT B: STATEMENT OF FINANCIAL STRENGTH

4. ATTACHEMENT C: CERTIFICATE OF COMPLAINCE WITH STATE TAX LAWS AND WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS

5. ATTACHMENT D: NON-COLLUSION CERTIFICATION

6. ATTACHMENT E: DEBARMENT CERTIFICATION

7. ATTACHMENT F: QUALIFICATIONS AND EXPERIENCE FORM

8. ATTACHMENT G: BUSINESS REFERENCE FORM

9. ATTACHMENT H: PAYMENT FORM

ATTACHMENT A – BID COVER PAGE

Massasoit Community College Beverage Vending and Pouring Rights Bid 2024-05

Bidder’s Organization Name:

Chief Executive - Name/Title:

Years of Operation:

Tel:

E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

(Provide information requested below if different from above)

Lead Point of Contact for Bid - Name/Title:

Tel:

E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

· This bid and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening.

· No personnel currently employed by MCC participated, either directly or indirectly, in any activities relating to the preparation of the Bidder’s bid.

· 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 bid.

· The above-named organization is the legal entity entering into the resulting contract with MCC if they are awarded the contract.

· The undersigned is authorized to enter contractual obligations on behalf of the above-named organization.

To the best of my knowledge, all information provided in the enclosed bid is complete and accurate at the time of submission.

Name (Print):

Title:

Authorized Signature:

Date:

ATTACHMENT B – STATEMENT OF FINANCIAL STRENGTH

Beverage Vending and Pouring Rights

Bidder’s Organization Name:

Under penalty and perjury of law, I ___________________________________, certify that (Print Name)

________________________________ is financially solvent and has been operating in the . (Business Name) black for at least the preceding three (3) years.

Name (Print):

Title:

Authorized Signature:

Date:

ATTACHMENT C – CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND

WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS

Massasoit Community College Beverage Vending and Pouring Rights

Bidder’s Organization Name:

Pursuant to M.G.L. Chapter 62C, S 49A, and M.G.L. Ch. 151 A, s. 19A, I ________________________________________ authorized signatory for (Name & Title)

______________________________________ whose principal place of business is at (Contracting Party)

(Address) do hereby certify under the pains and penalties of perjury that _________________________ (Contracting Party) has filed all state tax returns and paid all taxes required by law and has complied all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.complied with all laws of the Commonwealth of Massachusetts relating to taxes.

Contracting Party's Social Security or Federal I.D. Number: _________________________

Name (Print):

Title:

Authorized Signature:

Date:

ATTACHMENT D – NON-COLLUSION CERTIFICATION

Beverage Vending and Pouring Rights

Bidder’s Organization Name:

The undersigned certifies under penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Name (Print):

Title:

Authorized Signature:

Date:

ATTACHMENT E – DEBARMENT CERTIFICATION

Beverage Vending and Pouring Rights

Bidder’s Organization Name:

The Bidder certifies, to the best of their knowledge and belief, that the company and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency; have not within a three (3) year period preceding the Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offense in connection with obtaining or attempting to obtain, or performing a public (federal, state or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses listed above; and have not within a three (3) year period preceding this Contract had one or more public transactions (federal, state or local) terminated for cause or default.

Name (Print):

Title:

Authorized Signature:

Date:

ATTACHMENT F – QUALIFICATIONS AND EXPERIENCE FORM

Beverage Vending and Pouring Rights

Bidder’s Organization Name:

Present a brief statement of qualifications. Describe the history of the Bidder’s organization, especially regarding skills pertinent to the specific work required by the bid and any special or unique characteristics of the organization which would make it especially qualified to perform the required work activities. Include but not limited to the following:

Provide bios of the key staff members assigned to the college and a description of projects that occurred within the past three years which reflect experience and expertise needed in performing the functions described in the “Scope of Services” portion of the bid.

ATTACHMENT G – BUSINESS REFERENCE FORM

Beverage Vending and Pouring Rights Bid 2024-05

Bidder shall provide five (5) current higher education references. References will be checked. Note: Poor references may be a basis for a determination that the bidder is not a responsible bidder.

Bidder’s Organization Name:

Company name: __________________________________ Contact:

Address: _________________________________________Phone: # ( ) Email:

Description and date(s) of commodities and services provided:

Company name: __________________________________ Contact:

Address: _________________________________________Phone: # ( ) Email:

Description and date(s) of commodities and services provided:

Company name: __________________________________ Contact:

Address: _________________________________________Phone: # ( ) Email:

Description and date(s) of commodities and services provided:

Company name: __________________________________ Contact:

Address: _________________________________________Phone: # ( ) Email:

Description and date(s) of commodities and services provided:

Company name: __________________________________ Contact:

Address: _________________________________________Phone: # ( ) Email:

Description and date(s) of commodities and services provided:

ATTACHMENT H – PAYMENT FORM

Beverage Vending and Pouring Rights

Bidder’s Organization Name:

Part A: Lump Sum Exclusivity Payments for each of the three years

Part B: Vending Service Commissions

Product

Package Size

Brand Suggested Year 1 Pricing

Commission State Compliant (Y/N)

Carbonated Soft Drink

16 oz. Can

$2.50

$3.00

Ready to Drink Coffee

9.6 oz. Can

$4.50

Ready to Drink

11 oz. Glass & Can

Ready to Drink

13.7 oz.

Glass

Ready to Drink

15 oz. Can

Container

$3.50

$3.50

Part B: Vending Service Commissions

Suggested Year 2

State Compliant (Y/N)

Carbonated

$2.75

$3.25

Ready to Drink

$4.75

Ready to Drink

11 oz. Glass & Can

Ready to Drink

13.7 oz.

Ready to Drink

$3.75

$3.75

Part B: Vending Service Commissions

Suggested Year 3

State Compliant (Y/N)

Carbonated

$3.00

$3.50

Ready to Drink

$5.00

Ready to Drink

11 oz. Glass & Can

Ready to Drink

13.7 oz.

Ready to Drink

$4.00

$4.00

Part C: Guaranteed Minimum Yearly Commission

Bid acknowledges addenda numbered (if applicable): ___________

Name (Print):

Title:

Authorized Signature:

Date:

REQUIRED FORMS CHECKLIST

_____ BID, ONE ORIGINAL (1) AND THREE (3) HARD COPIES ALONG WITH ONE

(1) ELECTRONIC COPY ON A FLASH DRIVE

_____ COMMONWEALTH OF MASSACHUSETTS – CONTRACTOR AUTHORIZED

SIGNATORY LISTING, ONE (1) ORIGINAL

_____ ATTACHMENT A – BID COVER PAGE, ONE (1) ORIGINAL

_____ ATTACHMENT B – STATEMENT OF FINANCIAL STRENGTH, ONE (1) ORIGINAL

_____ ATTACHMENT C – CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND

WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS, ONE

(1) ORIGINAL

_____ ATTACHMENT D – NON-COLLUSION CERTIFICATION, ONE (1) ORIGINAL

_____ ATTACHMENT E – DEBARMENT CERTIFICATION, ONE (1) ORIGINAL

_____ ATTACHMENT F – QUALIFICATIONS AND EXPERIENCE FORM, ONE (1) ORIGINAL

_____ ATTACHMENT G – BUSINESS REFERENCE FORM, ONE (1) ORIGINAL

_____ ATTACHMENT H – PAYMENT FORM, ONE (1) ORIGINAL

The awarded Vendor will be required to sign/acknowledge and submit the following forms within ten (10) days of the date of award.

Certificate of Liability Insurance

Mass W-9 Form

Commonwealth of Massachusetts – Standard Contract Form and Standard Contract Form Instructions (dated 7/22/21) can be reviewed at the following link:

https://www.mass.gov/lists/osd-forms

Please note that…