BKstoreRFR2009.doc

BUNKER HILL COMMUNITY COLLEGE

Request For Response

BookStore Management Services

Statement of Purpose:

The purpose of this request is to receive proposals for the operation of a College Bookstore. The successful bidder will be responsible for all phases of the bookstore operation within two (2) campus sites of Bunker Hill Community College: Charlestown, MA campus and its Chelsea, MA campus. The Procurement Committee for Bookstore Services encourages vendors to be innovative with their proposals which will lead to a successful bookstore operation. The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR.

Table of Contents:

I. General Information & Bid Submission Requirements p 1-5

Pre-Bid Conference: March 12, 2009, 10:00am, Bldg E-175.

II. Purchase Description/Scope of Service/Performance Standards p 5-14

· Basis of Compensation p.6-7

· Information to be Submitted p.7-8

· Pricing Policy p.9

· Tasks by BookStore p.10-13

· Facilities & Services provided/College Conditions p.13-17 III. Quality Requirements p 17-23

· Financial Reference p.18

· Reference Form p.19

· Commission Schedule p.20

· Rule of Award p.20

· Basic College Data p.23 COMM-PASS: Forms & Terms Folder

· Non-Collusion & Tax Compliance Form

· Contractor Authorization Signatory Form

· Massachusetts Standard Contract Form

· Massachusetts Terms & Conditions

· W-9 Tax Identification Form

BUNKER HILL COMMUNITY COLLEGE

Request For Response

BookStore Management Services

I. General Information and Bid Submission Requirements

Bid Delivery All bids must be delivered to:

Bunker Hill Community College, Room-B325, 250 New Rutherford Ave., Boston, MA 02129-2925.

Bids must be delivered by, Friday, 1:00PM on April 24, 2009. Bids which are either faxed or electronically submitted will not be accepted as a bid delivery. All bids must be in English and submitted in the same format as listed in the RFR using 12 font print. Information submitted beyond the scope required in the RFR may hinder vendor evaluation.

Three (3) copies of the bid should be submitted. Bids must be sealed and marked as follows: BookStore-BHCC-2009.

All bids must include a Non-Collusion Form, Tax Compliance Certificate, and Reference Form, Contractor Authorized Signature Verification Form , Commonwealth of Massachusetts Standard Contract Form & Terms & Conditions Form as provided in this RFR through the COMM-PASS System.

Bid Signature A bid must be signed as follows: 1) if the bidder is an individual, by her/him personally; 2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the clerk/secretary of the corporation, and with the corporate seal affixed.

Time for Bid Acceptance The contract will be awarded within 30 Days after the bid opening. The time for award may be extended for up to 45 additional days by mutual agreement between Bunker Hill Community College and the apparent highest responsive and responsible bidder that offers the best value to the College. This bid is a revenue generating contract for the College.

Changes and Addenda If any changes are made to this RFR, then an addendum will be issued to all bidders on record as having picked up the RFR. The addendum will be posted to COMM-PASS for easy access by any bidder and it is a bidder’s responsibility to monitor COMM-PASS for all addendum so that a current response can be submitted. Bidders may not alter either the RFR language, specifications, terms & conditions or RFR component files; Bidder modifications to the RFR are prohibited; any such modifications will disqualify a Bidder.

Questions about the RFR

Questions concerning this invitation for bids must be submitted in writing to: Richard J. Pishkin, Business Office Room B-325, #617-228-2427, Bunker Hill Community College, 250 New Rutherford Ave., Boston, MA 02129 before: Thursday, March 19, 2009. Questions may be either delivered or mailed to the above address, or faxed to the Business Office: #617-228-2120. Written responses either will be mailed, e-mailed or faxed to all bidders on record as having picked up the RFR; or responses may be issued via a mutually agreed upon phone conversation.

Bidder Communication: Bidders are prohibited from communicating directly with any employee of the procuring department except as specified in this RFR, and no other individual, Commonwealth employee or representative of the COLLEGE is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through Comm-Pass. All information submitted in response to this RFR are subject to the Massachusetts Freedom of Information Law, M.G.L., Chapter 66, Part 10 and Chapter 4, part 7, sub-part 26 regarding public access to such documents.

Modification or Withdrawal of Bids, Mistakes, and Minor Informalities

A bidder may correct, modify, or withdraw a bid by written notice received by the BUNKER HILL COMMUNITY COLLEGE prior to the time and date set for the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled "Modification No.__" to the address listed in part one of this section. Each modification must be numbered in sequence, and must reference the original RFR. The COLLEGE makes no guarantee that any service will be purchased resulting from this RFR.

After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the College or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

Bidder Responsibility

This RFR has been distributed electronically using the Comm-Pass system. It is the responsibility of every bidder to check Comm-Pass for any addenda or modifications to a solicitation for which they intend to respond. The Commonwealth of Massachusetts and its subdivisions accept no liability and will provide no accommodation to bidders who submit a response based upon an out-of-date solicitation document. Potential bidders are advised to check the “last change” field on the summary page of solicitations they intend to respond that they have the most recent solicitation files.

Pre-Bid Conference

A pre-bid conference will be held Thursday at 10:00AM on March 12, 2009 at Bunker Hill Community College, 250 New Rutherford Ave., Boston, MA 02129, Room # E-175 Attendance at the pre-bid conference is Mandatory in order to qualify as a Bidder. Questions relating to this RFR must be submitted in print form, in English, using 12 font print. The College will respond to all appropriate questions in a timely manner.

Right to Cancel/Reject Bids The BUNKER HILL COMMUNITY COLLEGE may cancel this RFR, or reject in whole or in part any and all bids, if the COLLEGE determines that cancellation or rejection serves the best interests of the COLLEGE. The COLLEGE will neither accept, receive, nor acknowledge a bidder’s Terms & Conditions throughout the award process and contract performance duration. Terms & Conditions are negotiable for mutual agreement/contract; final Terms & Conditions are at the sole discretion of the COLLEGE.

Bid Prices to Remain Firm: all Commission Rates must be stated in U.S. Currency.

All bid Commission Rates of Return submitted in response to this RFR must remain firm for 120 days following the bid opening through the award date of the contract execution

Unforeseen Office Closure If, at the time of the scheduled bid opening, Business Office is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 2:00 p.m. on the next normal business day. Bids will be accepted until that date and time.

II. Purchase Description/Scope of Services

General Description

To operate & manage the Book Store Service at the Bunker Hill Community College located at its Charlestown Campus, 250 New Rutherford Ave, Boston, MA 02129-2925 and its Chelsea Campus, 175 Hawthorne St, Chelsea, MA 02150-2917.

Contract Term Length and Renewal Options

The contract period will run for an initial three (3) year period from July 1, 2009 through June 30, 2012; with two (2) one (1)-year options to renew or extend at the discretion of the College from July 1, 2012 to June 30, 2013; and from July 1, 2013 to June 30, 2014. Options to renew the contract will be determined at least 90 days prior to the end of the end of the three (3) year period. This bid requires majority vote approval of the BHCC BookStore Service Procurement Team before any contract is approved with the selected Vendor.

Performance Standards

· The quality of customer service and communication is essential to satisfactory performance: such as regular meetings with the Colleges Deans, Department Chairs, Student Government staff and the elected student officers; refund policy, prompt attention to problems and concerns, etc.

· Assure that book order requirements are in-stock for student purchase; that out-of-stock issues for books and associated material are minimized.

· The Book Store Service will comply with all Health/Sanitary Codes as applicable through the local, state and federal government. Whenever a standard is in conflict with another standard, the higher standard will prevail. Employee’s conduct must be professional with customers and staff; employees must maintain a sanitary Dress Code for cleanliness and appearance.

Government or Industry Standard

Bidder must list any Industry or Government Associations to which it is a member which is applicable to the BookStore Management Service Industry.

Basis of Compensation

Commissions will be paid to Bunker Hill Community College as a percentage (%) of Total Sales Revenue. Commissions will be paid monthly on the 15th of the following month and will include detailed backup of Sales by Merchandise Division, Rental Sales & Special Commissions. Commission rates will be based on Net Sales (Gross sales less any applicable sales tax and no losses can be included in this calculation). Past total sales and associated commissions are listed for informational purposes and are as follows: per Fiscal Year: July 1st to June 30th.

Bookstore Sales

Commissions

FY-2004

$2,735,735

$254,277

9.0%

FY-2005

$2,901,884

$243,669

FY-2006

$3,038,442

$255,960

8.0%

FY-2007

$3,343,060

$283,375

8.0%

FY-2008

$3,604,376

$306,865

Information to be Submitted with the Proposal:

· Bidder will provide a brief statement of purpose which identifies the philosophy, goals, and objectives of its organization and its significance to the COLLEGE; acknowledging whether or not the operation of a Bookstore is their primary business.

· Bidder shall submit a proposed one-year budget for the bookstore.

· Bidder shall state how it will furnish the COLLEGE with verification of sales.

· Bidder shall submit a proposed staffing pattern for each location with the Hours of Operation proposed; inclusive of arrangements to accommodate the bookstore operation for both the Charlestown Campus and Chelsea Campus which will adequately service Day, Evening and Weekend students. (page 17).

· Bidder shall submit a Percentage of Return to the COLLEGE on gross sales; the COLLEGE will look favorably on submissions that allow for an increasing commission percentage as sales volume increases.

· Bidder shall state a guaranteed minimum commission return.

· Bidder shall develop a plan, with corresponding dates, for a satisfactory changeover from the present vendor. The plan will state the proposed process to buy out current bookstore inventory and publisher credits.

· Bidder shall provide a design of the administrative organization of the bookstore which shows a clear presentation of lines of authority and supervision for the bookstore.

· Bidder shall provide its store policy concerning: refunds, book buy-back, exchanges, check cashing, electronic POS, special orders requirements such as Electronic Books.

· Bidder must be registered as a legal entity to conduct business in the state of Massachusetts. Must provide their company’s EIN# via a W-9 Tax Identification form listed in COMM-PASS Forms & Terms tab, if owned by another company, then state the name and address of the parent company.

The following language is included in the RFR: Environmental, Clean Energy Policy *Executive Order 484: Leading by Example: clean energy, efficient buildings integrating clean energy, environmental protection, resource conservation, waste reduction and recycling………..Going GREEN Concept.

Throughout the contract duration, bidder will provide a detailed environmental plan addressing their solid waste management, use of EPPs and the use of Energy Star efficient equipment as applicable to either the product or service provided. The College will retain the winning vendor's environmental plan and/or reports in the procurement file.

The Environmental Plan may include, but not be limited to, the following:

A plan to implement the recycling of materials used or produced in normal business operations. Environmental initiatives at a corporate and/or manufacturing level, such as clearly identifying recycled content of packaging on the packaging, use of recycled content papers for marketing materials, use of alternative vehicles for delivery or in the corporate fleet, product life cycle assessments and the elimination of the ozone depleting chemical usage in the manufacturing process and internal environmental auditing related to pollution control for the purpose of identifying ways to reduce the impact of manufacturing on the environment.

Collaboration with the College to develop and distribute information and/or materials to the College’s Faculty, Staff and students on the bidder’s environmental practices and initiatives throughout the term of the contract regarding a Solid Waste Management Plan and the use of EPPs. Development and publication of a bidder’s environmental policy, sustainability plan and/or an environmental management system (EMS) of EPP usage while obtaining industry certifications to verify environmental benefits and claims.

Bunker Hill Community College may award points to bidders who provide evidence of these and other measures already in place within the bidder operations detailing a commitment to action contingent upon receipt of a contract award.

Bidders are encouraged to submit information identifying any and all environmental attributes of the requested product or services, even when such attributes have not been required and verify the percentage of recycled content in their commodities. The College also encourages bidders to provide an EPP as an alternative (or replacement) for their conventional product wherever possible.

In an effort to promote greater use of recycled and environmentally preferable products (EPP) and minimize waste, all responses submitted should comply with the following guidelines:

All submittals and copies should be printed on recycled paper. Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable. Bidders should submit materials in a format which allows for easy removal and recycling of paper materials. Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, envelopes, boxes, etc.

Negotiations between the College and the vendor may occur during the contract term to permit the substitution or addition of environmental plans when either such products or services become available at less then competitive cost and/or improved efficiencies are readily available and satisfy the College’s performance needs.

PRICING POLICY

· All new textbooks, paperback books and trade books shall be sold at a price no higher than the publisher’s list price.

· Used textbooks in salable condition shall be sold at not more than 75% of the current new list price.

· All other merchandise shall reflect a usual gross margin common to the competitive local college market.

· The College may request and shall receive from the Bookstore appropriate documentation that the above pricing policies are being practiced.

· The Book Store shall purchase used textbooks based upon a posted schedule that is practical and convenient to the students, faculty, and staff of the College. The Book Store shall be required to work with each Academic Dean or their designee.

· The Book Store shall state any discount policy to faculty & staff of the College.

Description of Services

TASKS: By the BookStore Service

1. Provide all books, other course related materials, all furniture and associated supplies and equipment to operate a college bookstore.

2. The Bidder will adhere to Published list prices from all publishers; any exceptions to this policy should be noted in the proposal. All other materials and supplies sold in the Book Store should be priced in accordance with the competitive situation of the area.

3. To provide offsite website access and electronic POS (Point of Sales) transactions for students, faculty, and college staff.

4. To offer its services at a reasonable cost the College’s students, faculty and staff; and to allow on-site observation of these services by the College’s representatives.

5. The Bidder will post its Return Policy in a clear area for general review as approved by the College.

6. The Bidder will meet with the College’s Deans, Department Chairs, SGA Staff and its Student Officers on as-needed basis as determined by the College.

7. Shall assume all bookstore operating costs including, but not limited to inventory, labor (including management and supervisory), fringe benefits, payroll taxes, insurance, telephone service, in-store security, and custodial service (except pest control), and costs associated with credit/debit card service transactions.

8. Standard equipment, purchased new and not rebuilt for use in connection with this contract at this installation, for use in the areas noted: Book Store Service, for the purpose of providing complete book store services to, for and at the College, which is not provided by the College; that all Fixtures, internal and external of any nature shall remain the property of the College.

9. All shelving and general cleaning (including walls to a reasonable height) of the Book Store Area(s) (located in the E-Bldg. 4th Floor and assigned area at the Chelsea Campus) and floor care up to and including preparation for buffing and/or waxing in the Book Store Area (spot mopping, spillage cleanup, sweeping, removal of trash, as required, and all floor care and general cleaning. Cleaning materials, schedules and procedures are to be as approved by the College. Excepting Pest Control, BookStore agrees that it shall be responsible for the full maintenance of the interior of the bookstore including decorating and custodial care, as well as treatment of wall surfaces (paint, etc.) and/or wall fixtures/shelving replacement and/or repair.

10. Removal of all trash, refuse and garbage from the Book Store Area, and designated areas for which Book Store Service is a provided service at the College to designated compacting or holding areas at the delivery/shipping dock area. Trash receptacles must be cleaned thoroughly at least once per week. Recyclable trash must be placed in the designated holding areas either at the Receiving Dock or in an area as designated by the Facilities department. The Bidder must employ the use of “Blue” recycle bins in its efforts to comply with being “Green” & environmentally friendly for waste reduction.

11. Agrees that under no circumstances neither the College restrooms nor janitor’s closets are to be used for storage of cleaning equipment, books or other associated materials, etc.

12. Maintenance and/or replacement, as applicable, for all Book Store-provided equipment, in a manner campatible with the existing facilities, at all times, during the life of this contract, upon the event of non-renewal, cancellation, termination or expiration of the contract, for all items, in accordance with appropriate sanitation and health codes, and in accordance with manufacturer’s warranties and preventative maintenance procedures as well as emergency repairs, all at the sole cost of the Book Store. The Book Store may provide and install, at its own expense, additional equipment after first receiving the approval of the College.

13. Book Store agrees that it when utilizing the College’s elevators in, it will do so within the proper weight restrictions when receiving all book stock and other associated materials. Book Store agrees that all repair costs will be borne at its own expense for any negligence when it violates the elevator weight restrictions for usage and damage to elevator doors, moldings, and walls.

14. Assume sole responsibility for securing, maintaining, and paying for any and all relevant licenses, permits, clearances, approvals, fees and taxes required by any and all Federal, State, County or City laws or statutes without recourse to the College as required for its performance under the contract; and shall post or display in a prominent place such permits and/or notices as required by law.

15. Provide all required and necessary related personnel and labor during all working hours and provided with appropriate and distinctive clothing and name tags which are to be worn; all personnel shall present a clean and hygienic appearance at all times. The Book Store will display its Hours of Operation prominently within the College Buildings. Personnel shall not be less than eighteen (18) years of age. The Bookstore agrees to full compliance with applicable federal and state law regarding Equal Employment Opportunity and Affirmative Action as contained in Part 202, Executive order 112246 and Part 60-741.4 of the U S Department of Labor; Chapter 60, Part 60-741 relating to Affirmative Action Obligations for Handicap Workers.

16. Provide all customary comprehensive liability insurance coverage of at least $1,000,000, throughout the life of this agreement without recourse to the College and so as to hold the College harmless. For all insurance required, a certified copy or each policy or certificate of such insurance shall be delivered to the College within fourteen (14) calendar days after the signing of this document by both parties. Each certificate or instrument shall contain a valid provision or endorsement that the policy may not be cancelled, terminated, changed or modified without giving thirty (30) calendar days written advance notice thereof to the College. If determined necessary by the College, the Book Store shall deliver to the College, upon demand, the original of any policy herein for review, and upon completion of review, the policy shall be returned to the BookStore. The policies shall contain the following provisions:

“The insurance company waives any right of subrogation against Bunker Hill Community College, The Board of Higher Education and the Commonwealth of Massachusetts or any of their officers, trustees or agents which may arise by reason of any payment under this policy.”

17. The Book Store indemnifies and holds harmless the Awarding Authority, Bunker Hill Community College, the Board of Higher Education, and the Commonwealth of Massachusetts from any liability during the receipt, service and sale of BookStore items and sale of food items or from any act of the food service provider, or from any of its employees, agents, or authorized subcontractors in the performance of its obligations under agreement.

18. Maintenance of accurate and complete financial and narrative records for sales, expenses, and commissions; a report of which shall be provided on a monthly basis to the College by the 15th day of the following month with the submission of the commission payment. Maintain Electronic Point-Of-Sales (POS) capability system within the Bookstore at the Charlestown campus area at no cost to the College. This requirement does not apply to the Chelsea Campus.

19. The College is to be under no obligation to purchase or otherwise assume ownership of or responsibility for any equipment, furnishings, or other materials owned or otherwise held by the Book Store.

20. The Book Store agrees that selected bookstore services or purchases requested by the College will require a valid Purchase Order issued by the Business Office of the College.

21. The Book Store will provide an annual Utility Fee of $1,000.00, in addition to commissions to the College to be paid on July 1st of each year that the contract remains in force.

22. Assignment: The BookStore shall not assign or subcontract, in whole or in part, its rights or obligations under the contract without prior written consent of the College. Any attempted assignments without said consent shall be void and of no effect.

23. Price changes upward will be permitted to become effective only at periods of breaks between semesters or sessions (typically mid-January & late August). Price changes downward are permitted at any time.

24. The Book Store shall pay all its suppliers in a timely manner, according to its agreement with the vendor so as not to interfere with the delivery of goods and/or services to the College.

25. Subcontracting Policies: Prior approval of the COLLEGE is required for any subcontracted service of the contract. The successful bidder is responsible for the satisfactory performance and adequate oversight, as agreed by the College, of its subcontractors. Subcontractors are required to meet the same state, federal, and local standards and reporting requirements as listed in this RFR.

FACILITIES & SERVICES PROVIDED AT THE COLLEGE

1. The College shall provide for use of the BookStore vendor Facilities including workrooms, display areas, and office space.

2. A/C, heat, light, power and water. Additional pipeline extensions, hookups and other utility-related modifications are at the Bookstore’s sole expense and must be submitted to the College for prior approval.

3. Rubbish removal from designated compacting or holding areas on the receiving/shipping dock area.

4. Window treatments, ceiling light fixtures and painted walls as existing on July 1, 2009 throughout the appropriate Book Store service areas.

5. Equipment (installed permanent and portable) as existing in the areas on July 1, 2009.

6. The College maintains its own security force and will furnish security for the Book Store via BHCC police paid detail at the Book Store’s request and expense.

7. Parking facilities as provided for regular College support personnel.

8. One telephone connecting to the College’s system reserved only for on-campus calling and receipt of incoming telephone calls.

9. Buffing and/or waxing, as needed and determined by the College, of floor surfaces in the BookStore service area.

10. The College will include its pest control program to the Book Store vendor.

COLLEGE CONDITIONS

Bunker Hill Community College will not be liable for any costs incurred by respondents in the preparation and production of a bid or the costs of any services performed prior to receiving approval of the agreement. All bids and materials submitted in conjunction with the bids shall become the property of Bunker Hill Community College for use as deemed appropriate, respecting all copyrights.

1. Bunker Hill Community College reserves the right to modify the requirements of this bid after its release. All bidders will be notified of any modifications to the requirements of this proposal. Wherever the College is referred to herein, such reference will be to the President or his/her specific designee, as stated periodically in writing during the term of the contract.

2. Bidders who submit a response may be required to give an oral presentation to Bunker Hill Community College. This shall provide an opportunity for a bidder to clarify or elaborate on the bid, but shall in no way change the original bid. The College shall schedule the time and location, if needed.

3. By submitting a bid, the bidder agrees that it will not make any claims or have any right to damages because of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information.

4. The successful bidder will be notified by the issuing Officer by telephone and confirmation by letter. The Contract will incorporate at least this bid and the contractor’s bid.

5. Omissions, inaccuracy or misstatements may be sufficient cause for rejection of the bid.

6. The Agreement, if awarded, shall be governed and construed in accordance with the laws of Massachusetts. Attached forms must, via COMM-PASS Forms and Terms Tab be completed and signed/sealed by the bidder.

7. All bidders and their employees must be aware of and comply with the requirements of the Commonwealth of Massachusetts Conflict of Interest Laws, and all other appropriate provisions of the Commonwealth of Massachusetts Law and resultant codes, rules, and regulations from Commonwealth laws establishing the standards for business with the Commonwealth. In signing the bid, each bidder guarantees knowledge and full compliance with those provisions for any dealings, transactions, sales contracts, services, offers, relationships, etc. involving the Commonwealth and/or Commonwealth employees. Failure to comply with those provisions may result in disqualification from the bid process and in other civil or criminal proceedings as required by law.

8. Should the College facilities expand, or additional space become available in its structure, during the life of this contract, the successful bidder will be given right-of-first-refusal to perform/deliver Book Store services if the College deems this service is warranted in the expanded area.

9. The contract does not allow for the successful bidder to operate any Coin-Operated Vending Machines during the life of the contract. Pre-packaged snacks and candy rights are non-exclusive and shared with the College Cafeteria Service and the College Vending Service; the successful bidder may sell Pre-packaged snacks and candy only within its physical boundaries as assigned by the College for Bookstore sales.

10. The College reserves the right to conduct regular inspections and examinations of all BookStore Service Areas for the purpose of checking equipment and verifying compliance with all of the appropriate sanitation and health codes. Such inspection will not relieve the Book Store of the legal responsibility in regard to other terms of this agreement or of the direct responsibility to observe codes without recourse to the College and so as to hold the College harmless. The College reserves the right to apply standard, acceptable measures and criteria in performing such inspections as applied by the Health Codes of the City of Boston, the Commonwealth of Massachusetts, and other appropriate local state agencies and to demand immediate corrective action on the part of the Book Store. Failing such action, the College reserves the right to arrange for corrective and/or proper maintenance of equipment and corrective and proper cleaning to meet sanitation and health codes through the use of its own employees or by employment of outside services and to pass on the direct and indirect costs for such work to the Book Store.

11. The terms, offers, inducements and other statements made by and included in the Bookstore’s proposal---including, but not limited to, those dealing with staffing levels, staff hours, and hours of operation---will be incorporated as part of the contract as they are superceded, amplified or amended by a specific portion of this document.

12. Force Majeure: If by reason of strike or other labor disputes, civil disorders, inclement weather, acts of God, or other unavoidable cause, either party is unable to entirely perform its obligations, such nonperformance shall not be considered a breach of contract.

13. Survival: the terms, conditions, representations, and warranties contained in the contract shall survive the termination or expiration of the contract.

14. The College shall have the right to install any additional equipment and make any alterations to the facilities, in a manner compatible with the existing facilities.

15. Contractor’s Signature: The Bidder’s ink signature on the Bid Proposal form shall be held as evidence that the Bidder has examined the site and satisfied itself as to all the requirements, works, conditions, and constraints for the proper execution of the proposed service. Such signature acknowledges that the Bidder fully understands the Scope of Service for the Bookstore Service to the College.

16. The College's Right to Terminate the Contract:

If the Bidder should be adjudged bankrupt, or if the Bidder should make a general assignment for the benefit of Bidder’s creditors, or if a receiver should be appointed on account of Bidder’s insolvency, or if the Bidder should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workpeople or proper materials, or if Contractor should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the College, or otherwise be guilty of a substantial violation of any provision of the Contract, then the College, upon the certification of the College that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Bidder, and the surety if any, seven (7) calendar days' written notice, terminate the employment of the Bidder and take possession of the premises and of all materials. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Sum shall exceed the expense of finishing the Work including compensation for additional managerial and administrative services, such excess shall be paid to the Bidder. If such expense shall exceed such unpaid balance, the Bidder shall pay the difference to the College. The expense incurred by the College as herein provided, and the College shall certify the damage incurred through the Bidder’s default.

17. Executive Order Number 195: The governor or his/her designee, the Secretary for Administration & 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 successful Bidder and subcontractors that pertain to the performance of the provisions and requirements of the proposed Contract.

Estimated Hours

Bidder must list hours of Bookstore Operation for the Charlestown Campus and the Chelsea Campus at, and on-or-about the College Book Store areas.

Current Staffing Pattern:

Charlestown Campus: Monday – Saturday

Chelsea Campus: Spring & Fall Semester: 3 weeks peak sales period.

Monday – Thursday: 10:00 am-1:00pm; 4:00 pm – 7:00 pm

Friday – Saturday:

10:00 am – 1:00 pm

*One (1) before each semester start & two (2) weeks thereafter III. Quality Requirements

· Bidder must have experience operating a College BookStore service with a with an approximate student population of 9,500 or greater.

· Bidder must have Multi-Site experience for operating a College BookStore service.

· Bidder must have been in the BookStore service business for a minimum of three (3) years.

· Bidder must be a licensed retailer and service provider for a minimum of three (3) years.

· Bidder must have three (3) years of satisfactory Book store service performance under three (3) different contracts similar in size or greater to the proposed contract.

IV. References

Bidder must submit a complete list of all bookstore contracts performed in the past three (3) years that are similar in size and scope to this proposal, with contact names and telephone numbers. Any account no longer serviced should be noted with an asterisk. (Reference Form: Page #19)

Bidders must provide information about their company in the following areas as evidence of Bidder Qualifications for the proposed service and contract.

· Experience & Management Philosophy about Bookstore Service.

· Key Staff and Management

· Past and/or current Bookstore Service experience in the field of Higher Education.

· Professional Affiliations and Trade Associations

· Insurance Coverage

· Sample Sales Income/Expense/Net Income Statement for one (1) month.

· Must be registered as a legal entity to conduct business in the state of Massachusetts. Must provide your company’s EIN# via W-9 Tax ID Form as listed in COMM-PASS tab Forms and Terms.

Financial References

Bidder must include a current credit report issued by either Dun & Bradstreet or by a credit reporting agency. The credit report must be dated no earlier than July 1, 2006. This report will be held as confidential but will not be returned; the report will be destroyed upon award of contract.

REFERENCE FORM

Bidder:_____________________________________________

RFR Title: BOOKSTORE MANAGEMENT SERVICES_______

Bidder must provide references for:

Bidder must submit a complete list of all bookstore contracts performed in the past three (3) years that are similar in size and scope to this proposal, with contact names and telephone numbers. Any account no longer serviced should be noted with an asterisk.

Reference:________________________________ Contact:____________________

Address:___________________________________ Phone:____________________

__________________________________________ Fax:_____________________

Description and date(s) of supplies or services provided:________________________

Reference:________________________________ Contact:____________________

Address:___________________________________ Phone:____________________

__________________________________________ Fax:______________________

Description and date(s) of supplies or services provided:________________________

Reference:________________________________ Contact:____________________

Address:___________________________________ Phone:____________________

__________________________________________ Fax:______________________

Description and date(s) of supplies or services provided:________________________

COMMISSION SCHEDULE: stated value in U.S. Currency Book Store Bidder will stipulate what Commission Rate it will apply throughout the contract period as a percentage (%) of Net Sales (as per Page 6 & 7).

· All Three (3) Years: Base Annual SALES up to $: _____________________

Commission Rate: _______%

Base Annual SALES in excess of $:_____________

Commission Rate: _______%

· Bidder shall submit a Percentage of Return to the College on gross sales; the College will look favorably on submissions that allow for an increasing commission percentage as sales volume increases.

· Bidder shall state a guaranteed minimum commission return.

V. Rule for Award

The Book Store Procurement Team will Award this contract to the Highest Responsible and Responsive Bidder which offers the Best Value to the College with the following considerations:

· Percentage of Return Commission as listed.

*Base Commission on Sales Volume

*Increased Commission based on additional Sales Volume

*Annual Guarantee for Commissions

· Hours of Operation and assigned Staffing Patterns to accommodate both campuses: Charlestown and Chelsea.

· Its store policy concerning refunds, book buy-back, exchanges, check cashing, and special order requirements such as Electronic Books.

· Electronic POS (Point of Sales) transaction capability.

· Book Store website integration for Sales, product offerings, informational purposes, and In-Store renovations offering.

· Satisfactory References: Commenting on Service, Performance.

· Primary Business is the operation and Bookstore service.

· A proven management philosophy that produces excellent service; Internal control procedures and staffing will be considered & Environmental Clean Energy Policy.

· Financial Profile: D & B Report, Audited Financial Statements VII. Non-Collusion Form and Tax Compliance Form

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal 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.

Signature of individual submitting bid or proposal

Name of business

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature of person submitting bid or proposal

Name of business

VIII. Additional Contract Terms and Conditions

I have read the above listed proposal and agree with its Terms & Conditions, if awarded the contract. Changes in the College’s Terms & Conditions can be negotiated; final Terms and Conditions approval rest solely with the College. A Book Store Commonwealth of Massachusetts Standard Contract Service Agreement will be finalized after the contract award.

Signature:_______________________________________________ Date: _____________

Contractor Authorized Signature Verification Form Individuals: Individuals have two options to verify signature authorization:

1. Official Sample of Signature. Signature verification may be accomplished by submitting a copy of a driver's license, passport, social security card, business ID or other official form or identification containing the authorized signatory's signature, OR

2. Notarization. In the alternative, the Bidder can have their signature notarized in the space below.

Corporations. Corporations have two options to verify signature authorization.

1. Authorization and Clerk Certification: The Corporate Clerk may certify in the space below that they have witnessed the authorized signatory's signature (made in the Clerk's presence) and that the signatory is authorized to execute contracts and other documents and legally bind the corporation. (NOTE: Clerks may not self-certify if they act as Clerk and as an authorized signatory. Alternative documentation should be submitted); OR

2. Authorization and Official Sample of Signature or Notarization (Complete both "a." and "b." below)

a. Authorization. The Bidder may attach a copy of a board of directors vote stating that each signatory is authorized to execute contracts and other documents and legally bind the corporation, AND:

b. Official Sample of Signature or Notarization. (Select one option)

· Official Sample of Signature. Attach a copy of a driver's license, passport, social security card, business ID or other official form or identification containing an example of the authorized signatory's signature, OR

· Notarization. Have each of the signatory's signature notarized (made in a notary's presence) below.

Partnership or Other Entities

1. Authorization. Attach documentation for each signatory of authorization to execute contracts and other documents and legally bind the partnership or other entity, AND

2. Official Sample of Signature or Notarization: (Select one option)

a. Official Sample of Signature. Attach a copy of a driver's license, passport, social security card, business ID or other official form or identification containing the authorized signatory's signature; OR

b. Notarization. Have their signature notarized in the space below.

THIS SECTION IS FOR NOTARIZATION OR CORPORATE CLERK CERTIFICATION

PRINT SIGNATORY'S FULL LEGAL NAME: _________________________________________

SIGNATURE: (as it will appear on documents) ________________________________________

(NOTARY) I, _______________________________________ as a notary public certify under the pains and penalties of perjury that I witnessed the signature of the aforementioned signatory on behalf of the Bidder , and the individual's identity was verified, on this date: ___________________, 20 _______. My commission expires on:

OR

(CORPORATE CLERK) I, _______________________________________ as corporate clerk of the Bidder/Contractor certify under the pains and penalties of perjury that I witnessed the signature of the aforementioned signatory and the signatory is authorized to execute contracts and other instruments and legally bind the Bidder/Contractor. This date: __________________________, 20 _______.

BASIC COLLEGE DATA

1. The Charlestown Campus consists of five (5) College Buildings and a modular structure adjacent to the Building D. All buildings are connected via regular corridor levels. The Bookstore area is located on the 4th Floor of E-Building at 250 New Rutherford Ave. Charlestown, MA.

2. The Chelsea Campus is located in Bellingham Square, Chelsea, MA; and the Bookstore area is located on the main concourse area on the second (2nd) floor of the Building.

3. The class schedule of the College will approximate 7:00a.m. to 10:00 p.m., Monday through Thursday; 7:00 a.m. to 6:00p.m., Friday; and there are classes from 7:00 a.m. to 1:30 p.m. on Saturday. Two semesters of 15 class weeks and one examination week; and three summer sessions of six (6) weeks, per session.

4. Enrollment for the Charlestown and Chelsea Campus is approximately 9,500+ students. The College is non-residential and diverse in its student population.

5. Full-time and Part-time employees are approximately 300. All administrative and support personnel are on a twelve month schedule.

6. The College allows agencies and businesses to rent the BHCC facilities for off-site meetings and functions during its fiscal year.

7. Bookstore services will be required for the entire contract period regardless of class schedule or vacation period.

PROCUREMENT CALENDER

1. Release of RFR on Comm-Pass:

Thursday, February 5, 2009

2. Pre-Bid Conference:

Thursday, March 12, 2009 @ 10:00AM, Building: E-175

3. Written Questions Due:

Thursday, March 19, 2009 (page #3)

4. Answers Posted to Comm-Pass:

Friday, April 3, 2009

5. Bidder Response Due:

Friday, April 24, 2009 by 1:00pm

6. Evaluation Period:

Approx. Friday, May 15, 2009

7. Anticipated Award Date:

Wednesday, June 3, 2009

CHECKLIST

· Review all COMM-PASS Forms & Terms Tab

· Procurement Calendar (page 23)

· Completed (page 23) RFR delivered by Friday, April 24, 2009 by 1:00pm

· Non-Collusion Form (COMM-PASS Forms & Terms)

· Contractor Authorized Signature Verification Form (COMM-PASS Forms & Terms)

· Commonwealth of MA Standard Contract Form (COMM-PASS Forms & Terms)

· Tax Compliance Certificate (COMM-PASS Forms & Terms)

· W-9 Tax ID Form (COMM-PASS Forms & Terms)

· Financial Reference Credit Report or D & B (page 18)

· Reference Form (pages 18 and 19)

· Commission Proposal

(page 20)

· Copy of Liability Insurance (page 12)

· Staffing Pattern Proposal/Quality Requirements (page 17)

· Hours of Operation/Schedule (page 17)

· Sample Income Statement Sales/Expenses/Net Income & Verification of Sales

· Summary: Experience & Management Philosophy/Key Staff Listing (page 18)

· Listing of Industry & Government Associations to the Book Store Industry (page 6, 18)

· Going Green Policy, Environmental, Clean energy for Non-Hazardous Waste (p. 8, 9)

· Rule of Award (page 20)

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