Campus_Dining_Services_RFP_71_Q2024_09_08302024.pdf

STATE OF NORTH CAROLINA

The University of North Carolina at Pembroke

Request for Proposal #: 71-Q2024-09

Campus Dining Services

Date of Issue: August 30, 2024

Proposal Opening Date: October 17, 2024

At 5:00 p.m. ET

Direct all inquiries concerning this RFP to:

Kimberly Locklear

Director Purchasing & Business Services

Email: kimberly.locklear@uncp.edu

Phone: 910-521-6241

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Request for Proposal #

71-Q2024-09

For internal State agency processing, including tabulation of proposals, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public.

This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your proposal.

Failure to do so may subject your proposal to rejection.

Vendor Name

Vendor eVP#

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login

Electronic responses ONLY will be accepted for this solicitation.

https://vendor.ncgov.com/vendor/login

Proposal Number: [71-Q2024-09] Vendor: __________________________________________

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Refer ALL Inquiries regarding this RFP to:

Kimberly Locklear Kimberly.locklear@uncp.edu

Request for Proposal #: 71-Q2024-09 Proposals will be publicly opened: October 17, 2024 @ 5:00 p.m.

Using Agency: UNC Pembroke Commodity No. and Description:

78000000 /Dining Services Requisition No.:

EXECUTION

In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

this proposal is submitted competitively and without collusion (G.S. 143-54), none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this proposal, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document.

Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

The University of North Carolina at Pembroke

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VALIDITY PERIOD

Offer shall be valid for at least sixty 60 days from date of bid opening, unless otherwise stated here: days, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of The University of Nort Carolina at Pembroke

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Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT .................................. Error! Bookmark not defined.

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

2.4 RFP SCHEDULE

2.5 SITE VISIT or PRE-PROPOSAL CONFERENCE

2.6 PROPOSAL QUESTIONS

2.7 PROPOSAL SUBMITTAL

2.8 PROPOSAL CONTENTS

2.9 ALTERNATE PROPOSALS

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD .................................................................. Error! Bookmark not defined.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 INVOICES

4.3 FINANCIAL STABILITY

4.4 HUB PARTICIPATION

4.5 VENDOR EXPERIENCE

4.6 REFERENCES

4.7 BACKGROUND CHECKS

4.8 PERSONNEL

4.9 VENDOR’S REPRESENTATIONS

4.10 QUESTIONS TO VENDORS

4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION

4.12 NC COVID-19 VACCINATION AND TESTING REQUIREMENT .. Error! Bookmark not defined.

4.13 FEDERAL COVID-19 VACCINATION REQUIREMENT ............... Error! Bookmark not defined.

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4.14 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTSError! Bookmark not defined.

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 GENERAL

5.2 SPECIFICATIONS [if applicable] ................................................ Error! Bookmark not defined.

5.3 TASKS/DELIVERABLES ............................................................. Error! Bookmark not defined.

5.4 PROJECT ORGANIZATION ......................................................... Error! Bookmark not defined.

5.5 TECHNICAL APPROACH ............................................................ Error! Bookmark not defined.

5.6 CERTIFICATION AND SAFETY LABELS .................................... Error! Bookmark not defined.

6.0 CONTRACT ADMINISTRATION

6.1 15

CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 POST AWARD PROJECT REVIEW MEETINGS

6.3 CONTINUOUS IMPROVEMENT

6.4 PERIODIC [WEEKLY, MONTHLY] STATUS REPORTS

6.5 ACCEPTANCE OF WORK

6.6 FAITHFUL PERFORMANCE

6.7 TRANSITION ASSISTANCE

6.8 DISPUTE RESOLUTION

6.9 CONTRACT CHANGES

7.0 ATTACHMENTS

ATTACHMENT A: PRICING (OR COST PROPOSAL) ............................. Error! Bookmark not defined.

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT E: CUSTOMER REFERENCE FORM

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT H: ACKNOWLEDGMENT OF COVID-19 VACCINATION AND TESTING POLICY .. 17

LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS

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Complete Supplemental Program Information UNCP Request for Proposal ....... Error! Bookmark not defined.

Master Services Agreement (MSA) ......................................................... Error! Bookmark not defined.

Master Supplier Agreement (MSA) Exhibit A Scope of Work (SOW) .... Error! Bookmark not defined.

SOW Attachment 1_Program Standards ................................................ Error! Bookmark not defined.

SOW Attachment 2_Years 2-10 Operating Plan ..................................... Error! Bookmark not defined.

Appendix 1 – UNCP Site Data ................................................................. Error! Bookmark not defined.

Appendix 2 – Supplier Staffing Plan ....................................................... Error! Bookmark not defined.

Appendix 3 – Supplier Financial Proposal ............................................. Error! Bookmark not defined.

Appendix 4 – Supplier Proposed Exceptions ........................................ Error! Bookmark not defined.

1.0 PURPOSE AND BACKGROUND

University of North Carolina at Pembroke (UNC Pembroke, UNCP) was founded in 1887 as a school for the education of American Indians, The University of North Carolina at Pembroke now serves a distinctly diverse student body and encourages inclusion and appreciation for the values of all people. UNC Pembroke exists to promote excellence in teaching and learning, in bachelor’s, master’s and professional doctoral degrees, in an environment of free inquiry, interdisciplinary collaboration, and rigorous intellectual standards.

Located in the Southeast North Carolina town of Pembroke, The University of North Carolina at Pembroke serves approximately 7,600 with 28% of the students pursuing graduate degrees. It is organized into the following University’s: University of Arts & Sciences, the Thomas University of Business and Economics, the School of Education, and the University of Health Sciences. The University of North Carolina at Pembroke offers 150 plus undergraduate and graduate pathways to a degree, with a recently launched Doctor of Nursing Practice (DNP) program and an approved Doctor of Optometry program, slated to begin in Fall 2027.

In Fall 2023, approximately 46% of our student population was enrolled in a fully online program, with majority of those students being in our Bachelor of Interdisciplinary Studies (BIS) program and master’s in business administration (MBA) program.

The University of North Carolina at Pembroke (UNC Pembroke, UNCP) is seeking proposals from qualified vendors for the management of its Dining Services. The Supplier will provide the management of dining service and provide objectives that include recommendations to assist UNCP Dining in creating a roadmap to enhance current and future dining services, determine if opportunities exist to create innovative dining solutions for the campus community, access the demand and capacity potential of popular locations.

The University’s overall goal in soliciting a Supplier to provide Dining management services is to ensure the highest level of effectiveness, service, and satisfaction is being provided to the campus. The UNCP dining provider will need to allow customers the ability to choose from multiple locations and service styles. Also, to include the enhancement of the dining experience, to support the student’s well-being, academic success, and overall satisfaction with campus life. It is essential that the Dining establishments be managed with maximum responsiveness to the needs and concerns of our students, faculty, and staff.

Products, prices, and services must promote confidence that the university community is obtaining the best possible combination of quality, customer service, and value. A critical aspect in meeting the foregoing goals is the identification, selection, and retention of a highly knowledgeable and first-rate on-site management team.

The successful Supplier will provide a state-of-the-art dining management process and system that will allow the university dining management team to provide excellent service to its constituents. The new dining management service will be capable of expansion as the dining program continues to grow. As such, the successful Supplier will have an eye on the future and will continue to provide innovative technologies and service solutions for dining customers over time.

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UNCP seeks a company that will act as a true strategic and operational partner in ensuring that the Dining Services Program fully aligns with the University’s needs and standards of excellence. The following are the University of North Carolina at Pembroke's key aspirations and priorities for the Program.

1. Recommend optimal national/regional branded concepts for the new Allied Health Sciences Building to serve students, faculty, staff, and the public utilizing health care services. Allocate funds for the build-out of the new space, scheduled to open in Fall 2028.

2. Maintain the existing Chick-Fil-A and Starbucks.

3. Propose the recommended approach to balancing national/regional branded concepts and in-house branded concepts on campus, considering the addition of Panera Bread or Chipotle.

4. Allocate funds necessary for branded concept refreshes.

5. Revitalize and redefine Cafe 641 located in the Library Building.

6. Incorporate additional late-night options for students who are involved in extracurriculars or are involved in a non-traditional academic schedule.

7. Conduct a comprehensive review of meal plans to ensure clear distinctions between plan types.

8. Optimize the capital refresh of all dining facilities.

9. Develop a comprehensive marketing plan, and innovative delivery methods aimed at increasing engagement and usage of dining services within the campus community.

10. Provide at least one tier of genuinely low-cost catering options available to any UNCP affiliated group/department.

11. Implement application/platform ordering options for all dining locations.

12. Supplier provided annual contribution amount.

The intent of this solicitation is to award an agency Contract.

1.1 CONTRACT TERM

The agreement will be a ten (10) year base term with two-one year (1) year extensions, at the effective date of the contract with renewal being at the University of North Carolina at Pembroke’s sole discretion.

At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two additional one-year terms. The State will give the Vendor written notice of its intent to exercise each option no later than 60 days before the end of the Contract’s then-current term. In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

ATTENTION: The E-Procurement fee may apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

http://eprocurement.nc.gov/

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If Vendors have questions or issues regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The State may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiation and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

2.4 RFP SCHEDULE

The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule.

2.5 MANDATORY SITE VISIT

Date: Tuesday, September 17, 2024 11:00 a.m. Eastern Time Location: Auxiliary Building

Business Services Conference Room, Rm 30 One University Drive Pembroke, NC 28372 Map: https://www.uncp.edu/about/campus-map

Contact #: 910-521-6241

Event Responsibility Date and Time

Issue RFP State Friday, August 30, 2024 Single Point of Contact /Site Visit Participant List Due (2 persons max)

Vendor Friday, September 13, 2024 Send email to kimberly.locklear@uncp.edu

Mandatory Site Visit Vendor Tuesday, September 17, 2024 @ 11:00 a.m.

Submit High Level Written Questions for Virtual Engagement

Vendor Friday, September 20, 2024

Virtual Engagement Session Hosted by Consultant. Thursday, September 24, 2024 Submit Remaining Written Questions Vendor Thursday, September 26, 2024 Provide Response to Questions State Thursday, October 3, 2024, by 5:00p.m.

Submit Proposals Vendor Thursday, October 17, 2024, by 5:00 p.m.

Finalist Notification State Friday, November 8, 2024 Finalist Presentation Vendor/State/Consultant TBD- Week of November 18, 2024, Contract Award State TBD https://www.uncp.edu/about/campus-map mailto:kimberly.locklear@uncp.edu

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Instructions: It shall be MANDATORY that a representative from each Vendor be present for the site visit. Attendees must arrive promptly All attendees must sign in upon arrival and clearly indicate each prospective Vendor represented on the sign in sheet. LATE ARRIVALS WILL NOT BE ALLOWED TO SIGN IN OR PARTICIPATE IN THE SITE VISIT, NOR SHALL THEIR PROPOSAL BE CONSIDERED. Once the sign-in process is complete, all other persons wishing to attend may do so to the extent that space and circumstances allow. ONLY 2 representatives can attend the site visit and Questions can be submitted September 26th .

FAILURE TO ATTEND THE MANDATORY SITE VISIT SHALL RESULT IN VENDOR’S PROPOSAL BEING DEEMED NON-RESPONSIVE

AND NOT CONSIDERED FOR AWARD.

2.6 PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum.

Written questions shall be emailed to kimberly.locklear@uncp.edu by the date and time specified above. Vendors should enter “RFP # 71-Q2024-09 Questions” as the subject for the email. Question submittals should include a reference to the applicable RFP section and be submitted in the format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the electronic Vendor Portal (eVP), https://evp.nc.gov, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP.

2.7 PROPOSAL SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. The time and date of receipt will be marked on each proposal when received. Any proposal or portion thereof received after the proposal deadline will be rejected.

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal.

Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential.

If the Vendor does not provide a redacted version of the proposal with its proposal submission, the Department may release an unredacted version if a record request is received.

Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s proposal(s). Vendors are strongly encouraged to allow sufficient time to upload proposals.

Critical updated information may be included in Addenda to this RFP. It is important that all Vendors responding to this RFP periodically check the State’s eVP website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto.

mailto:kimberly.locklear@uncp.edu https://evp.nc.gov/

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2.8 PROPOSAL CONTENTS

Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s proposal, in the State’s sole discretion.

Vendor RFP responses shall include the following items and attachments, which shall be arranged in the following order:

a) [Cover Letter, which must contain the following: (i) a statement that confirms that the proposer has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP, (ii) a statement that the Vendor agrees to perform in accordance with the scope of work, requirements, and specifications contained herein; and (iii) Vendor’s agreement to comply with all instructions, terms and conditions, and attachments.

b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

c) Completed and signed version of all EXECUTION PAGES, along with the body of the RFP.

d) Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned.

e) Vendor’s Proposal addressing all Specifications of this RFP. [Indicate relative section references as a guide to responding to sections requiring additional responses outside of the solicitation document. If not required, delete.]

f) Completed requirements of Appendix 2 – Supplier Staffing Plan

g) completed requirements of Appendix 3 – Supplier Financial Proposal

h) Completed requirements of Appendix 4 – Proposed Exceptions

i) Completed requirements of Supplemental Program Information

j) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

k) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

l) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

m) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

n) Completed and signed version of ATTACHMENT H: ACKNOWLEDGMENT OF COVID-19 VACCINATION AND TESTING POLICY (if applicable)

o) Completed and signed version of CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS and

OMB STANDARD FORM LLL

2.9 ALTERNATE PROPOSALS

Unless provided otherwise in this RFP, Vendor may submit alternate proposals for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the marking described above, must be clearly marked with the legend: “Alternate Proposal Each proposal must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered.

2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found below which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this RFP: Master Supplier Agreement (MSA) Exhibit A Scope of Work (SOW).

to the State to do so.

The State reserves the right to waive any minor informality or technicality in proposals received.

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MSA) Exhibit A Scope of Work (SOW).

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below. See 3.4

While the intent of this RFP is to award a Contract(s) to a single the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so.

The State reserves the right to waive any minor informality or technicality in proposals received.

3.1 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph 29 of the Instructions to Vendors entitled

COMMUNICTIONS BY VENDORS.

Each Vendor submitting a proposal to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the purchaser named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.2 PROPOSAL EVALUATION PROCESS

Only responsive submissions will be evaluated.

The State will conduct a One-Step evaluation of Proposals:

Proposals will be received according to the method stated in the Proposal Submittal Section above.

All proposals must be received by the issuing agency not later than the date and time specified in the RFP SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

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At the date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids is authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award.. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

3.3 EVALUATION CRITERIA

In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, all qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the State

Scoring Criteria Description Points

Overall Fit, Partnership, and Priorities

• Effectively address UNCP’s strategic priorities

• Strategy, Innovation, Partnership _5_Points

Program

• Culinary approach and recipe development, plant-forward offerings, locally sourced products

• Strategy for Residential Dining, Retail Dining, Catering/Hospitality, and Concessions

• Detailed plan for the Allied Health Sciences Building (Opening Fall 2028)

• Approach for early semester meals

• Customer feedback mechanisms

• Proposed initiatives: Marketing, Nutrition/Wellness, and Sustainability

• Technology innovations

• Transition Plan

• Investment Plan

• Completeness of Supplemental Information

_20_Points

Management/Staffing

• Staffing Plan

• Management Plan

• Leadership and other intangible qualities

_15_Points

Financial

• Proposed financial model

• Start-up costs and buyback terms _30_Points

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• Capitalized Investment

• Contributions and donations

• Performance risk payments

• Transparency/disclosure of purchase discounts

• Accuracy and thoroughness of pro forma projections supported by a financial analysis demonstrating the long term sustainability of the supplier’s proposal

Presentation, Proposed Team, and Tastings

• Overall presentation quality and preparedness

• Collaborative and cohesive proposed on-site team

• Tasting that reflects UNCP

_15_Points

BAFO Overall and References • Final proposed financial offers

• Professional references 15_Points

TOTAL 100 Points

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

a) Total cost to the State

b) Level of quality provided by the Vendor

c) Process and performance capability across multiple jurisdictions

d) Protection of the State’s information and intellectual property

e) Availability of pertinent skills

f) Ability to understand the State’s business requirements and internal operational culture

g) Particular risk factors such as the security of the State’s information technology

h) Relations with citizens and employees

i) Contract enforcement jurisdictional issues

3.5 INTERPRETATION OF TERMS AND PHRASES

This RFP serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a proposal in its entirety.

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4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged to submit these items in the form of a question during the question and answer period in accordance with the Proposal Questions Section above.

4.1 PRICING

Proposal price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s proposal. The pricing provided in, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract.

4.2 INVOICES

Vendor shall invoice the Purchasing Agency. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Purchasing Agency with an invoice for each order. Invoices shall include detailed information to allow Purchasing Agency to verify pricing at point of receipt matches the correct price from the original date of order. The following fields shall be included on all invoices, as relevant:

Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Buyer’s Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure.

INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED.

4.3 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.4 HUB PARTICIPATION

Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this RFP will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION.

4.5 VENDOR EXPERIENCE

In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

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4.6 REFERENCES

Vendor shall provide at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided Services of similar size and scope to those proposed herein. The State shall contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory.

The information obtained shall be considered in the evaluation of the Proposal.

4.7 BACKGROUND CHECKS

Any personnel or agent of Vendor performing Services under any Contract arising from this RFP may be required to

4.8 PERSONNEL

Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. “Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel.

4.9 VENDOR’S REPRESENTATIONS

If Vendor’s Proposal results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables.

4.10 QUESTIONS TO VENDORS

Vendor shall respond to each of the following questions. Vendors are requested to keep responses concise and relevant and should not include generic marketing materials. Responses will be reviewed as part of the evaluation process.

4.11 AGENCY INSURANCE REQUIREMENTS MODIFICATION

A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation:

☐ Small Purchases

☐ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00

☒ Contract value in excess of $1,000,000.00

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5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 GENERAL

Contractor must meet the requirements specified in the following attachments:

• UNCP Request for Proposal

• Master Services Agreement (MSA)

• Master Supplier Agreement (MSA) Exhibit A Scope of Work (SOW)

• SOW Attachment 1_Program Standards

• SOW Attachment 2_Operating Plan

6.0 CONTRACT ADMINISTRATION

All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes.

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

The Vendor shall be required to designate and make available to the State a contract manager. The contract manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service.

6.2 POST AWARD PROJECT REVIEW MEETINGS

The Vendor, at the request of the State, shall be required to meet periodically with the State for Project Review meetings. The purpose of these meetings will be to review project progress reports, discuss Vendor and State performance, address outstanding issues, review problem resolution, provide direction, evaluate continuous improvement and cost saving ideas, and discuss any other pertinent topics.

6.3 CONTINUOUS IMPROVEMENT

The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consists of various ways to enhance business efficiencies as performance progresses.

6.4 PERIODIC STATUS REPORTS

The Vendor shall be required to provide periodic Management Reports to the designated Contract Lead. The reports shall include, at a minimum, information concerning the work accomplished during the reporting period; work to be accomplished during the subsequent reporting period; problems, real or anticipated, and notification of any significant deviation from previously agreed upon work plans and schedules. Reports shall be well organized and easy to read. The Vendor shall submit reports electronically using Microsoft Excel and, as needed, either Microsoft PowerPoint or Microsoft Word. The Vendor shall submit the reports in a weekly. NOTE: Within ten (10) business days of the award of the Contract the Vendor shall submit a final work plan and a sample report, both to the designated Contract Lead for approval.

6.5 ACCEPTANCE OF WORK

Performance of the work and/or delivery of Goods shall be conducted and completed at least in accordance with the Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the Services or Goods are approved as acceptable by the Contract Administrator.

Acceptance of Vendor’s work product shall be based on the following criteria:

Acceptance of Vendor’s work product shall be based on the following criteria:

Acceptance of Vendor’s work product shall be based on the following criteria:

• Completeness of tasks assigned.

• Quality and accuracy of work.

• Adherence to (or the exceeding of) contract and bid specifications, and

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• Performance to the full satisfaction of Contract Administrator.

The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina.

6.6 FAITHFUL PERFORMANCE

Any Contract may include terms ensuring a Vendor's performance such as: (1) a bond, or similar assurance; (2) liquidated damages;

(3) a percentage of the Contract value held as a retainage; (4) withholding final payment contingent on acceptance of the final deliverable; and (5) any other provision that assures performance of the Vendor. The parties agree that the Vendor shall be subject to the following faithful performance requirements:

The payment schedule, at the State’s sole discretion, may include retainage of 10% of total Contract value to be paid only upon final acceptance by Contract Administrator.

6.7 TRANSITION ASSISTANCE

Contractor must meet the requirements specified in the following:

• SOW Attachment 1_Program Standards

6.8 DISPUTE RESOLUTION

During the performance of the Contract, the parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the Director of Purchasing & Business Services for resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s).

During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute

6.9 CONTRACT CHANGES

Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the university and contractor. All amendments must reference the original RFP #, terms, approved by Vice Chancellor for Finance & Administrator, and a copy place in the RFP file.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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