Bid Document P18-007-O24 Vending.docx

State of Wisconsin – UW-Milwaukee Wis. Statutes s.16.75

DOA-3070 (R08/2003) UWM-3070 (R10-13)

Optional Site Visit Due Date to RSVP ONLY: August 28, 2017@ 9:00AM CDT (See Section 6.6)

Name: Pam Loignon Email: uwmbids@uwm.edu Phone: (414) 229-5212

See Section 6.4 for rules regarding communications during a Bid.

Deadline for Questions: September 6, 2017@ 9:00AM CDT

Due Date: September 13, 2017@ 2:00PM CDT Bid Opening: September 13, 2017@ 2:15PM CDT

Available submission methods: (See Section 6.5) |X| Physical Receipt by Purchasing Office ) |X| Email

The undersigned has legal authority to bind the Bidder to this Bid.

|_|Yes |_|No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award.

The undersigned claims minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson Street, 6th Floor, Madison, WI 53707 (608) 267-7806.

|_|Yes |_|No

The undersigned bidder is a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

|_|Yes |_|No

Wis. Stats. s. 16.754 directs the State to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our Bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

|_|Yes |_|No |_|Unknown

By signing this, the undersigned also certifies that neither bidder nor any person or entity associated with the bidder has, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this Bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statements are accurate under penalty of perjury; that false, misleading or missing information may disqualify the bid; and that neither the bidder nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency (see www.sam.gov and https://acquisition.gov/far/current/html/Subpart%209_4.html).

|_|Yes |_|No

The undersigned and the respondent will comply with all terms, conditions and specifications set forth in this Bid.

|_|Yes |_|No Note: Failure to check “Yes” will result in the quote/Bid being considered non-responsive and ineligible for award.

Bidder’s email:

City, State, Zip Code of Bidder:

Signature of authorized Bidder representative Federal Employer Identification No (or social security if sole proprietor) (voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities

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1.0 GENERAL INFORMATION

1.1 ISSUING AGENT: University of Wisconsin-Milwaukee issues this Bid on behalf of the Board of Regents of the University of Wisconsin System as an agency of the State of Wisconsin. The University of Wisconsin--Milwaukee is hereafter referred to as “UWM”.

UWM shall not be liable for any cost incurred by a Bidder in the process of responding to this Bid.

UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities, upon request.

1.2 VENDORNET: The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $50,000.00) as solicited by all state agencies.

To obtain information on the state’s bidder registration system, please visit the VendorNet website at http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). I

1.3 DEFINITIONS:

1.3.1 “Bidder” means a firm submitting a Bid in response to this Request for Bid. May be referred to as “Vendor” or “Supplier” or “Contractor.”

1.3.2 “Contract” means the document(s) constituting the agreement resulting from this Bid award.

1.3.3 “Bid Cover Sheet” means the first page of this Bid.

1.3.4 “State” means State of Wisconsin. UWM is an agency of the State and any legal obligations that run to the benefit of the State apply equally to UWM.

1.3.5 “RFB” or “Bid” means this Request for Bid.

1.3.6 “Successful Bidder” means the Bidder to whom this Bid is awarded. May be referred to as “Contractor”, “Vendor” or “Supplier” or “Contractor.”

1.3.7 “Must”, “Shall”, and “Will” are mandatory requirements.

1.3.8 “UWM” means the University of Wisconsin-Milwaukee

1.4 GENERAL DESCRIPTION/PURPOSE OF THE REQUEST FOR BID: UWM is accepting bids to supply up to five (5) vending machines (credit and debit only) that offer fresh salads, and healthy snacks while providing predictable, consistent service, with the possibility of adding more vending machines in the future. Vendor must supply or be responsible for, all necessary equipment, maintenance, repair, product, credit card fees, and services at no cost to UWM. This will be a revenue sharing contract only. No funds will be paid from UWM to the contractor. This is a new service to UWM, therefore is no historical data available.

1.5 CONTRACT LENGTH: The contract will be for a one (1) year period from the date of contractor signature on the contract, with the option for five (5) available one-year renewals thereafter. Upon expiration of the initial one (1) year term, renewals shall be automatic, unless either party gives notice to the other at least ninety (90) days prior to the expiration of any term of intention not to renew. UWM reserves the right to extend the contract on a month to month basis beyond the term of the contract if it is in UWM’s best interest.

1.6 PARKING: UWM parking is very limited. Each Contractor and/or employee(s) shall make their own arrangements for parking through UW Transportation Services.

UW-Milwaukee Transportation Services 2200 E. Kenwood Blvd Milwaukee, WI 53201-0413

(414) 229-1122 Website: http://uwm.edu/transportation/loadingdock/

No additional costs will be allowed for parking fees or violations. Unauthorized vehicles parking in UWM lots or loading docks may be ticketed and or towed.

1.7 QUANTITIES: Volume increases and decreases may occur during volatile and slack periods such as, but not limited to: fall rush, final exams, vacations, semester changes, summer, etc. Service and delivery shall reflect these periods. No guarantee is made concerning sales Bid responses reflecting required minimum sales shall be disqualified.

2.0 GENERAL SPECIFICATIONS: PRODUCT, PERSONNEL, DEFINITIONS, AND LAWS

2.1 MINIMUM YEARS IN BUSINESS/AUTHORIZATION: The contractor shall furnish all food, beverages, supplies, equipment, management and labor necessary for the efficient operation of the specified services included in this contract, subsequent renewals, amendments, and extensions. Bidder or its principals must currently be in the business of providing the requested item(s) and must have been in this line of business for the past three (3) years.

2.2 DEFINITION OF FRESH: “Fresh” or “Freshly” made means freshly prepared within the past twenty four (24) hours and that the food is in its raw state and has not been frozen or subjected to any form of thermal processing or any other form of preservation, except as provided in the following:

The addition of approved waxes or coatings;

The post-harvest use of approved pesticides;

The application of a mild chlorine wash or mild acid wash on produce;

The treatment of raw foods with ionizing radiation not to exceed the maximum dose of 1 KiloGray in accordance with 179.26 Code of Federal Regulations, Title 21, Volume 2, Chapter I, Food and Drug Administration of this chapter.

2.3 PRODUCT/PACKAGING/LABELING:

Products delivered to UWM must be guaranteed to comply with all Federal Pure Food Laws and Regulations, municipal, county, state and federal laws. Products must be made, stored and rotated to best industry standards and practices to ensure quality and freshness of products.

Packaging must be in accordance with the best commercial practices to ensure sanitation, optimal shelf life and prevention of damage to products.

Labeling on all items, including vended perishable foods, shall comply with all U.S.D.A., F.D.A. regulations, qualifications, and, labeling, ingredient listing, and standards

2.4 VENDING PRICES, MINIMUM PORTIONS AND PRODUCT SPECIFICATIONS:

2.4.1 The contractor shall comply with the portions, prices, and ingredients as specified in this contract and those additions arrived at by mutual agreement of UWM contractor at the start of and during the term of this contract. Prior to the start of the contract, the contractor shall provide a detailed listing of portions, prices, and ingredient lists of all products to be provided for prior approval by UWM.

2.4.2 Any ingredient, product offerings, or price changes after pre approval must be approved by UWM in writing before implementation throughout the term of the contract. Portions, prices and ingredients listings for any changes must be received by UWM prior to any implementation.

2.4.3 Comparable portions and prices shall exist between UWM’s food service and vended food service. The contractor may provide UWM with price and portion change requests a minimum of sixty (60) days prior to the end of the second semester. The contractor shall provide UWM with data supporting changes being recommended. After cost change verification, UWM shall determine those price and/or portion changes to be approved and the effective day. UWM may use the Consumer Price Index, North Central Region Averages, All Urban Consumers, Food Away From Home Index changes as a guideline in evaluating the contractor's price change proposals. UWM may negotiate increased commissions on select products when cost increases are less than the amount of the sale price increases.

2.4.4 All prices must include State and local sales tax. All weights and measures are minimums of raw weight minimums. Where applicable, total portion weights include sauces, extenders, batters, etc., and are exclusive of containers and garnish.

2.4.5 Selling Price / Minimum Portion / Product Mix. Must provide at a minimum the items in the table provided below or equal to or better.

Fresh Salads

International Cuisine; Such as Thai, Vietnamese, Greek,

Vegan

Proteins

Nutritious Snacks

Chocolate Trail Mix

2.4.6 Minimum Product Requirements: UWM shall require that the vendor furnish a minimum of six (6) flavors of salads, three (3) types of proteins with at least one (1) vegan option, and two (2) nutritious snacks. UWM may require a sample at no cost before UWM approval is given by UWM for a particular product.

2.4.7 Nutritious Snacks: The “Nutritious Snacks” may be low calorie, low fat, and low sodium in content or similar. An emphasis on making healthy choices in vending is required of the vendor in the form of identification of all vended items that meet or exceed generally accepted “healthy choice” terms and standards.

2.5 INVENTORY ROTATION: All perishable food shall be package coded. Contractor shall rotate stock at a minimum every forty eight (48) hours to replace dated product with fresh product unless an alternate schedule is approved by UWM. Prior to the start of the contract, the coding systems in use by the contractor shall submitted to UWM. All perishable items; salads, etc., shall be replaced at a minimum within four (4) days from the date of preparation, i.e., produced on Monday replaced on Thursday of the same week or to U.S.D.A. , F.D.A. regulations whichever is most stringent.

The contractor shall be responsible for all loss of stale products, spoilage and shrinkage and shall not penalize UWM for such losses.

2.6 PERSONNEL: Personnel relations of employees on the contractor's payroll shall be the contractor's responsibility. The contractor shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel.

Personnel of the contractor shall observe all regulations of UWM, failure to do so may be grounds for UWM to recommend dismissal.

2.7 BACKGROUND CHECK OF PERSONNEL: This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker(s) have no convictions or pending criminal charges that are substantially related to the contracted for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual, violent, and drug offenses.

2.8 UWM ISSUED PHOTO ID ’REQUIREMENTS: Personnel of the contractor will need to obtain a UWM ID badge upon request from UWM within seven (7) business days) before servicing our residential halls. UWM ID badges are obtained at:

UWM Panther Card Office 2200 E. Kenwood Blvd. Room 143 Milwaukee, WI 53211 Monday-Friday 8 am – 4:30 pm.

The personnel of a contractor must provide their employee ID and driver’s license to the UWM Panther Card Office staff in order to get their picture taken and receive their UWM ID badge. The personnel of the contractor will be turned away if they do not have a UWM ID badge at the location they are servicing.

2.9 FOOD HANDLER REQUIREMENTS: If the State of Wisconsin requires that food handlers take and pass a food handler's examination, UWM shall require certification that food handlers under this contract have taken and passed the examination. The cost of these examinations shall be the contractor's responsibility.

2.10 ACCOUNT MANAGEMENT: Recognizing that the successful performance of this contract is dependent on favorable response from the users, the contractor shall meet regularly with the Campus contract administrator upon request to effect adjustments in operations, and shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty and staff. . UWM’s account manager is Chad Boppel, (414) 229-5833, cboppel@uwm.edu.

3.0 EQUIPMENT, PCI COMPLIANCE, UTILITIES, AND SPACE USE

3.1 EQUIPMENT: Up to five (5) vending machines are required initially. It is intended that at regular intervals during the duration of the contract, the amount of required equipment shall be examined by UWM and contractor with the objective of providing the best possible service to the student body, staff and faculty. Selected equipment must be in compliance with the American with Disabilities Act (ADA) and built by a nationally recognized manufacturer. Hot and cold machines, as applicable, shall be equipped with a thermostat to verify temperatures are within industry standards.

3.2 PLACEMENT OF VENDING MACHINES: One (1) vending machine will be located at the Student Union and another in the Klotsche Center, with three (3) locations still to be determined. UWM reserves the right to add additional delivery locations to this contract.

Please see the delivery locations, and times of allowable service hours below all located in Milwaukee, WI 53211.

Twenty one (21) days after contract execution, the contractor must have two (2) vending machines in operation. The remaining three (3) vending machines will be placed at a mutually agreeable date and time.

3.3 VENDING MACHINE: UWM requires the contractor to provide either new and/ or update vending equipment. All vending equipment must be equipped with Debit Card/ Credit Card Readers that accept at a minimum Visa, MasterCard, and American Express. Machine must NOT ACCEPT cash. New equipment shall be of most recent model and not manufactured prior to 2011. Update equipment shall be 2006 model or more recent, and shall be shop rebuilt and refurbished prior to installation. All equipment should provide thermal overload protection and comply with applicable electrical standards. Energy efficient or energy star rated equipment is required.

For purpose of this contract, update rebuilt and refurbished requires the equipment be in like new condition prior to final acceptance by UWM.

New and update equipment shall be listed as certified by the Automatic Merchandising Industry Health Code. All equipment shall be subject to inspection and approval by UWM prior to final installation.

The vending equipment shall be compatible in terms of decor when three or more machines are placed together at one location. The vending equipment shall be the same height to give uniformity of appearance, except as otherwise mutually agreed by the University and contractor. UWM shall install and pay the costs of any decorative motif.

All equipment shall be equipped with non-reset electronic sales totalizers and selection panels which have the capability to provide digital display of total sales.

3.4 PCI COMPLIANCE:

3.4.1 No credit card information will be required to be processed, stored or transmitted by UWM personnel or on UWM networks.

3.4.2 Contractor acknowledges and agrees it is responsible for the security of all Cardholder Data to the extent that they could impact the security of the cardholder data environment.

3.4.3 All credit card devices must be PCI PIN Transaction Security (PTS) v 2.0 compliant and remain compliant with any succeeding versions of the PCI PTS published on PCI SSC’s website and any compliance guidance issued by the PCI SSC or its subordinate bodies;

3.4.4 Contractor must be adhere to the current version of PCI DSS Payment Application compliance recommendations and annually provide UWM with relevant documentation to prove PCI security and PCI compliance to UWM PCI Program Administrator. Current system is PCI-DSS 3.2. This is reviewed annually and UWM must be notified immediately if there are any changes.

3.4.5 All card reader devices must be on the PCI SSC Approved PTS Devices list with a non-expired expiry date upon the contract date, for the length of the contract.

3.4.6 Contractor agrees that, notwithstanding anything to the contrary in the Agreement UWM may terminate the Agreement immediately upon notice to Contractor in the event Contractor becomes non-compliant or fails to maintain the requisite confidentiality of the cardholder data environment. In addition, Contractor will reimburse UWM for any costs, final, penalties associated with a breach due to a failure by Contractor to fulfill their responsibilities.

3.4.7 Contractor must sign an addendum stating responsibility of data ownership. (Please see Exhibit C for the agreement). UWM PCI and Information Security policy states that no cardholder data is stored on UWM systems. TSS must identify ownership and responsibility of cardholder data used to process transactions

3.4.8 All terminals will be Europay, MasterCard, and Visa (EMV) Level 1 & 2 certified.

3.5 EQUIPMENT VERIFICATION: The contractor shall certify new equipment purchases are in compliance with contract requirements. Initial and subsequent installations of new and update equipment shall be identified by type of equipment, serial number, manufacturer's meter readings and location and listings o UWM no later than thirty (30) days after the effective date of the contract.

After the start of the contract, the contractor shall not add or remove vending or auxiliary equipment without prior written approval of UWM.

3.6 UTILITIES: UWM will be responsible for getting the electrical sources to the wall or floor. The contractor is responsible for the connections from the machine to those sources, and notifying UWM of any electrical requirements. The contractor shall be responsible for paying the costs of connections from the equipment to the provided utility source, including all other costs of installation of the equipment.

UWM shall not guarantee an uninterrupted supply of water, steam, electricity or heat, however UWM shall be diligent in reporting service following an interruption. UWM shall not be liable for any loss which may result from the interruption or failure of any such utility services. UWM is interested in any all potential energy savings initiatives which will reduce our utility consumption.

3.7 OWNERSHIP OF EQUIPMENT: All vending equipment owned by the contractor shall remain with the contractor. However, UWM agrees to take such measures as may be reasonably required, as defined by UWM, for the protection against loss by pilferage or destruction. Required equipment repairs expense shall be the contractor's responsibility.

3.8 REDUCED SERVICE PERIODS: The vending machines shall be operated during the entire year, but with reduced selections arrived at by mutual agreement for the summer session and UWM breaks.

3.9 POSTINGS; INSTRUCTIONS/REFUNDS/MALFUNCTIONS/ PERMITS: Contractor shall provide on each machine at each vending food equipment location operating instructions and information to eligible users where malfunction reports and refund requests may be made.

All information including permits, licenses and price regulation required to be posted shall be displayed in an appropriate manner agreed by UWM without defacing of the facilities of UWM.

3.10 KEYS: The contractor shall be responsible for control of keys if obtained from UWM and the security of those areas for which and when they are used by its representatives. The contractor shall be responsible for immediately reporting all the facts relating to losses incurred, equipment damage or break-ins to their equipment and areas of UWM. UWM shall designate the authority who shall receive these reports and be responsible for key issue and periodic review of key control.

The contractor is responsible for the purchase of padlocks and other security devices which may be required by the contractor to further ensure revenue, product, or property.

The contractor shall be responsible for replacement of lost keys and the cost of re-keying and replacement of lock cylinders required as a result of their negligence and/or loss of keys.

3.11 INSTALLATION/REMOVAL: At the beginning of the contract the contractor, with assistance from UWM, shall coordinate the installation of equipment with the current contractor with the goal of minimizing downtime.

Vending and auxiliary vending equipment not removed from UWM on cancellation or expiration of this contract and/or after ten days written notice to the contractor may be removed and placed in storage by UWM. All costs of removal, storage and product and revenue loss shall be the contractor's.

4.0 EQUIPMENT AND FACILITIES MAINTENANCE, REPLACEMENT AND SANITATION

4.1 MAINTENANCE: The premises, equipment, supplies and facilities shall be maintained throughout the life of this contract in condition satisfactory to UWM and in compliance with Chapters HSS 196 and HSS 198 of the Wisconsin Administrative Code and Sec. 50.50(4), Wisconsin Statutes. Thus, the contractor shall adhere to the highest standards of cleanliness and sanitary practices, and performance in the preparation, service, transport and storage of food and related items. Structural, utility and non-vending equipment changes necessary in order to comply with such requirements shall be made by UWM at its expense.

4.1.1 The contractor shall maintain in a sanitary condition all vending machines. The customer-contact surfaces of all equipment including selector buttons, knobs and handles and cup dispensing platforms shall be cleaned with germicidal solution applied with disposable toweling. Visible products residue, shall be removed with warm water and detergent before application of the germicide. UWM will not perform maintenance or repair on any equipment of the contractor.

4.1.2 The external cabinet of all vending machines, including cabinet tops, shall be kept free from dust and other contaminants. Screens, compressor zones and condensers shall be inspected regularly for dust, seepage and other residue and shall be kept clean.

4.1.3 Contractor's employees shall be responsible for inspecting under and behind the vending machines and supplemental equipment for evidence of dirt, debris and vermin. When cleaning of these areas is required, the contractor shall provide access, by kick plate (skirt) removal or machine movement, and advise UWM of the need for cleaning.

4.1.4 The contractor shall remove all waste packaging, master cartons, boxes, etc., from the vending service and storage areas to outside dumpsters provided and serviced by UWM. Cardboard cartons shall be taken by the contractor to collection points identified by UWM or be removed from campus by the contractor.

4.2 INSPECTIONS:

4.2.1 Consultant inspectors of the Wisconsin State Division of Environmental Health and Milk Certification Section and/or Agent Health Departments of the division and campus safety personnel and environmental health specialists shall have complete cooperation and access to all vending service, production and storage areas on inspection which they may conduct. These inspections may be at the request of UWM or on said agency's own discretion. A management representative of the contractor shall conduct equipment and facilities maintenance and sanitation inspections periodically. A copy of all inspection reports shall be furnished to UWM by the contractor. The contractor is responsible to implement corrective operating measures required as a result of these inspections and reports within ten day notification from the inspecting agency and by mutual agreement of UWM.

4.2.2 The contractor shall institute and maintain a program of preventive maintenance and regular replacement of worn, damaged, or malfunctioning vending equipment.

4.3 MALFUNCTION AND SERVICE: The contractor shall provide on call, as needed vending and auxiliary equipment maintenance and repair service twenty four (24) hours a day and seven (7) days a week so as to minimize vending equipment down time should malfunctions be reported. The contractor shall respond to equipment service and repair calls/reports within a minimum of three (3) hours between the hours of 7:00 AM and 7:00 PM, Monday through Friday, and three (3) hour response time during weekends. Equipment which cannot be returned to full service within seventy two (72) hours of notification of needed repair shall be replaced with comparable equipment of like quality until the original equipment is returned to service. The equipment repair service shall respond to emergency and daily routine maintenance requirements in a manner which limits equipment down time and customer inconvenience. The contractor shall provide to UWM a toll free number to call or accept long distance calls for required service.

4.4 INDUSTRY IMPROVEMENTS: Industry improvements on vending equipment occurring during the life of this contract shall be incorporated by the contractor on the originally installed equipment and subsequent installations where it is deemed feasible by UWM and mutually agreed by the contractor. Such improvements shall include, but not be limited to: energy saving or energy efficient technologies, "fail-safe no touch burglar alarms", and various electronic security, debit card readers, and metering devices.

4.5 FLOOR MAINTENANCE: UWM shall provide daily floor maintenance in the vending areas, and the contractor shall cooperate in keeping this service to a minimum. Route employees shall clean floor spillage which occurs in the process of filling or sanitizing equipment.

UWM and contractor shall mutually develop a semi-annual schedule for UWM to thoroughly clean and seal the floor under and in the adjacent area of vending equipment.

UWM shall be responsible for the periodic stripping and sealing or waxing of floors in the vending areas, and shall furnish at its expense the necessary equipment, supplies and labor. UWM and contractor shall mutually develop a semi-annual schedule for UWM to thoroughly clean and seal the floor under and in the adjacent area of vending equipment.

4.6 RECYCLING: The contractor shall comply with UWM and State policies and procedures related to recycling of waste materials, purchase of recycled materials and participate in required waste separation programs for materials generated by the vending program. UWM is committed to a comprehensive recycling program.

4.7 PEST CONTROL: UWM shall be responsible for the costs of insect and pest control in all vending service and storage areas. The contractor shall maintain maximum insect and pest control for its products and equipment.

5.0 COMMISSIONS, ACCOUNTING AND PAYMENTS

5.1 COMMISSIONS: Commissions shall be expressed on the included bid submittal forms by the contractors on net sales (gross sales, less State and local Sales Tax) on all items as follows:

Percentage on individual vending product categories and/or a minimum guarantee total commission per year

5.2 ACCOUNTING:

5.2.1 Records Retention: The contractor shall maintain complete and accurate records of vending transactions for each machine in accordance with accepted industry accounting practices, and shall keep in a safe place all such financial records and statements pertaining to the operations at UWM for a period of three (3) years from the close of each year's operation.

5.2.2 Meter Counts: A representative of UWM may accompany the contractor's route employees when meter counts are made at time pre-determined and agreed by UWM. Revenue discrepancies from the composite of these readings reported on the period statement shall be explained by the contractor in writing as part of such period statements.

5.2.3 Basis for Commissions: On a monthly basis the contractor's inventory control of reported inventory sales, after reconciliation to meter readings shall be used as the basis to compute commissions payable to UWM. When reported inventory sales differ from meter readings and collections, commissions payable shall be determined on the reported inventory sales.

All vending equipment shall be equipped by the contractor with non-reset item sale counters and/or totalizers which are maintained in continual operative condition. Each period statement shall include beginning and ending counter readings as reconciled to route inventory control reports.

Inventory control records shall be kept for each machine indicating date, product description, sale price and quantity loaded into the machine and be made available to UWM on a schedule to be determined by UWM. Product inventory and sales shall be recorded by machine at the time of each service occurrence. Inventory control route records shall be retained a minimum of two (2) years after the sales and commissions for each period are recorded and reported to UWM.

Refunds and tests shall be deducted from vending commission statement gross sales item categories in which refund and tests occurred prior to computation of State and local sales tax and commissions due UWM.

5.2.4 Sales Tax / Commissions Determination: Sales tax collected from customers shall be deducted from gross sales receipts, before computing the Sales Tax, provided the customers are advised of the amount of sales tax they are paying by posted sign or printed notice. (Divide gross receipts by 1.056). Commissions shall be computed on the resulting net sales receipts for all commission sales.

For purposes of this contract, the required formula for determining net sales and commissions is as follows:

1. Sales x sales price = gross sales

2. Gross sales minus (-) tests and refunds = adjusted gross sales. Refunds and tests to be shown separately on each commission statement.

3. Adjusted gross sales divided / state and local sales tax (1.056) = net sales.

4. Net sales x commission percentage = commissions due UWM.

5.2.5 Sales Tax Change: UWM’s commissions under this contract are determined in part with the contractor's full consideration of applicable State, Federal, county, local, excise and sales taxes on all products at the start of this contract. In event of an increase in these taxes or change in tax structure increasing contractor's tax liability and affected vending product sale price is not adjusted, commissions shall be reduced the exact same amount in dollar terms to compensate the contractor for tax increase. In the event of tax decrease, and no decrease in gross sales price is effected, UWM shall receive the exact same amount in commission compensation for such decreased tax.

5.2.6 Vandalism or Theft: Commissions shall not be paid on the contractor's revenue losses resulting from vandalism or theft of money or product from vending equipment at UWM. UWM shall receive commissions on any funds recovered.

5.2.7 Monthly Sales and Commissions Reports: UWM shall require the contractor to provide monthly sales and commission reports which provide the following information:

Machine number Gross and net sales and sales tax for each machine by location each period Year-to-date gross and net sales and sales tax for each machine by location each period Total commission for each machine by location for each period Year-to-date commission for each machine by location each period Refunds and tests for each item category Required beginning and ending meter reading Amount over and short by machine

Prior to the start of the contract, UWM and contractor shall mutually agree on the report(s) formats and contents to satisfy these requirements. The year to date reports shall coincide with the contract year

5.2.8 Refund System: A voucher refund system shall be required and shall involve dispersing of funds through representatives of UWM. The voucher system shall include a pre-numbered form supplied by the contractor and approved by UWM to be filled out by the person making a refund claim and shall include the following information; what machine, what happened, amount of loss, amount of refund, date, building, and who suffered the loss. The contractor shall supply and maintain funds for refunds to the satisfaction of UWM. The University and contractor shall mutually determine the locations on-campus where refunds are administered and the maximum fund to be provided each location. The contractor shall provide each vending location with UWM approved instructions where refunds may be obtained. UWM shall be provided source documents to verify reported refunds as part of each period statement.

5.3 PAYMENTS:

5.3.1 The contractor shall pay UWM the commission percentage of each monthly period net (gross sales less State and local Sales Tax) vending sales on or before the 20th day of the period following the last day of the period in which commissions were earned, and shall accompany this payment with a detailed explanation of dollar sales by item category, by location by each vendor and extension of commissions and a composite statement of said sales and commissions. Causes of abnormal revenue deviations shall be noted by the contractor as part of these statements.

All period commission statements and payments shall be sent to UWM. Vending commission payments not received by UWM on the 20th day following the last day of the period in which it was earned shall be paid by the contractor plus a minimum interest penalty on the commissions due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax.

5.3.2 Guaranteed Payments: One year from the effective date of this contract, and each full year thereafter during the life of the contract, the contractor shall pay UWM that portion of commissions due, if any, to equal the guaranteed annual commission required in this contract. Payments shall be made by the 20th day of the following accounting period in which they were earned and recorded as commissions paid in the year the guarantee was due.

On expiration or termination of this contract, partial year guarantee commissions due, if any, shall be determined by dividing the prior year commissions earned through the date of termination by the prior contract year total commission or guarantee received, whichever is greater. Multiply the resulting percent prorated commission received the prior year by the annual guarantee required per bid submittal. If the resulting prorated guarantee is greater than the commissions received to date of termination, any balance due shall be paid to UWM by the 20th day of the following accounting period.

In the event UWM requires the contractor to remove equipment from a location or locations which reduce annual commission payments below the guarantee, the contractor may request a reduction of the guarantee in the amount equal to the commission generated at that location(s) during the prior twelve (12) month period. Increased commissions generated as a result of added locations during the term of the contract shall be used to offset the amount of annual guarantee reduction. Guarantee adjustments require prior approval of the UWM Purchasing Office with an amendment to the contract.

5.3.3 Equipment Removal Commissions: On expiration or termination of this contract commissions due UWM shall be paid on sales until all equipment has been removed, and the removal date shall be indicated on the period statement when each piece of equipment was removed, including equipment removed at any time during the contract period prior to expiration

5.3.4 Statement Review: On request of UWM the contractor shall meet with UWM and review each period statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Period statement adjustments required as a result of review and/or audit shall be identified and reflected on the next period statement.

5.3.5 Audit: Route inventory cards, and reported sales shall be audited on regular schedule, as determined by the University, to verify the contractor's inventory control and reported commissions.

Periodic reviews, conducted jointly by representatives of UWM and the contractor shall be made to ensure that commission and guarantee payments, pricing structure and other phases of the operation are conducted in the most efficient and financially sound basis.

All records pertaining to the operations of vending food service shall be open for inspection and/or audit by the State and/or University of Wisconsin at any or all reasonable times.

UWM shall be advised by the contractor of the schedule of the contractor's audit of their records and operations at the University. UWM shall have the option to participate in the contractor's audits and may request a full report of these audits.

6.0 BID PROCEDURES AND INSTRUCTIONS:

6.1 METHOD OF BID: Bidder must complete Exhibit A, B, C, and all of the mandatory requirements as listed on the front cover sheet of this Bid Request, according to the directions provided. The commission rates and minimum guarantees on the products must be inclusive for all applicable costs, fees and expenses, such as but not limited to parking, permits (if required), licenses, maintenance, product, and sales tax etc.

6.2 METHOD OF AWARD: The award will be made to the bidder by lot, whichever is in UWM’s best interest, with the highest commission rate, the highest minimum guarantee, or combination thereof.

Bids that state a specific quantity or dollar amount may be disqualified.

UWM may make awards to certified Minority Business Enterprise, or Disabled Veteran-Owned Business firms submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low bid. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

6.3 BID RESPONSIVENESS: Bids may be evaluated by the Purchasing Agent, Purchasing Director and Department Manager to verify that they meet all specified requirements in this RFB and that they comply with all instructions of this Bid.

All specifications are mandatory minimum requirements unless otherwise stated. Failure to meet a mandatory requirement shall result in the Bid being deemed non-responsive. Bidders are encouraged to ask questions to resolve any ambiguities in Bid specifications (specs that are written too restrictively, are internally inconsistent, etc.). Bidders are also encouraged to submit responses even if all mandatory requirements are not met because Purchasing reserves the right to delete specifications, conditions of the bid, or items not bid if two Bidders or more, or 50% or more of the Bidders are unable to comply with a requirement.

UWM reserves the right to (1) reject all Bid responses and make no award; (2) waive irregularities or technicalities in Bid responses; (3) request clarifying information from Bidders; (4) make a partial award; and (5) accept or reject all or part of any Bid response submitted.

6.4 COMMUNICATION/QUESTIONS: From the date of release of this RFB until Bid award, the only permissible communication regarding this Bid is in writing to uwmbids@uwm.edu. Violation of this condition may be considered sufficient cause for Bid rejection. The subject line of the email must be labeled “P18-007-O24 Question”.

It is incumbent upon bidders to point out any possible discrepancies, omissions or ambiguities using the process outlined above to submit questions. This includes alerting UWM to any non-standard specifications. By failing to do so, bidders waive the right to claim any provision of this Bid is ambiguous.

6.5 BID SUBMISSION: The method of submission shall be as set forth on the Bid Cover Sheet: By physical delivery to the Purchasing Office; or by email. Details with respect to each method of submission are provided below. All bids must be signed on the Bidder Signature block or they may be deemed non-responsive and be rejected.

Delivery to Purchasing Office: If bidder is submitting a bid by delivery to the Purchasing Office, bidder shall submit one (1) original bid with a wet signature in a packaged, sealed envelope plainly marked on the outside with the bid number, and the due date.

The address of the Purchasing Office is:

Engelmann Hall Room 180, 2033 E. Hartford Ave, Milwaukee, WI 53211

Bids/proposals MUST be date and time stamped by the soliciting Purchasing Office on or before the date and time that the bid/proposal is due

Delivered via Email: If bidder is submitting a bid via email to Purchasing Office, bidder shall submit to uwmbids@uwm.edu. Such email (and all bid documents) must be received prior to the bid due date set forth on the cover sheet of this bid. The subject line of bidder’s submission must contain the following: “Bid response” followed by “Bid number and date due”. UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids. Electronic or digital signatures are acceptable, but subject to verification.

6.6 OPTONAL SITE VISIT: Bidders are encouraged to inspect the sites completely prior to submitting the bid in order to determine all requirements associated with the contract. Failure to inspect, or inspect adequately, shall not relieve the Proposer from fulfilling all terms of this contract. Please contact uwmbids@uwm.edu by August 28, 2018 @ 9:00AM CDT to request a site visit. After the RSVP period, UWM will set a date and time and provide further details to the vendors.

6.7 SAMPLES: Sample(s), accompanied by appropriate label, may be requested following the Bid opening, per instructions of the UWM Purchasing Office and must be provided within five (5) days for award consideration at no cost to UWM. A sample must be for the exact item quoted or be subject to rejection. Samples may also be requested periodically throughout the life of the Contract for the purpose of quality evaluations and/or potential additions to product line offerings.

6.8 BIDDING EQUAL OR BETTER: If bidding a product that includes different ingredients, vendor must include a full explanation and ingredient list that demonstrates all of the specifications are equal or better. The Purchasing Director shall be final judge as to whether an item meets the specifications for the bid. Samples mays be requested at no cost to UWM

6.9 REFERENCES: Include a minimum list of three (3) customers of like contract volume that you have serviced, including company name, contact representative, job title, address, e-mail address, phone, and fax numbers. Preferred references would be those of a university, college or other institution of higher learning, with similar contractual requirements.

6.10 ADDENDUM: Addendum shall be posted on the State of Wisconsin Vendor Net website at http://bendornet.state.wi.us. Bidders are responsible for checking this website for any future addenda or Bid information prior to the Bid closing date.

6.11 PROPRIETARY INFORMATION: Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Bid Cover Sheet. Marking of the entire response as proprietary will neither be accepted nor honored. UWM cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law. A copy of the form needed to designate portions of your submission as proprietary can be found at http://vendornet.state.wi.us/vendornet/doaforms/doafrmn.asp

7.0 TERMS AND CONDITIONS

7.1 ENTIRE CONTRACT: A contract will be awarded to the successful Bidder(s) based on the criteria established in this RFB, including attachments and any amendments issued. (1) The UWM issued purchase order, (2) the Contract, including documents incorporated by reference, (3) this bid document P18-007-O24, and (4) Supplier’s response and any written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as listed above.

Any Contract terms and conditions provided by the Bidder, including but not limited to click-on/click-through agreements provided to the Bidder; shrink wrapped agreements; or terms submitted with bid, order acknowledgements, or invoices; shall be considered null and void and will not be enforceable by the Successful Bidder unless agreed to in a written amendment signed by UWM’s Purchasing Office.

Failure of Successful Bidder(s) to accept any items of the contract terms identified in this Bid document may result in cancellation of the award. Any exceptions to the Contract Terms and Conditions must be submitted under the file name “Exceptions” of Bidder’s response. Specific objections or additions must be listed. It is insufficient for the Bidder to submit a standard Bidder contract as a complete substitute or alternative for the language in this Bid.