CUNY Request for Proposal (RFP) UCO-973 Vending Operations.pdf

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REQUEST FOR PROPOSALS

UCO-973 Vending Operations Issue Date: 4/18/2025 Proposal Submission Due: 5/9/25 1:00 PM EST

Designated Contact Michelle Synovitsky shdbids@cuny.edu mailto:shdbids@cuny.edu

Table of Contents

Part 1: Key Events and Dates; Designated Contacts; Proposal Due Location; Contract Term

Part 2: Proposer Qualifications and Requirements; and Diversity Participation Goals

Part 3: Project Objectives and Scope; Detailed Specifications and Deliverables and Certain Contract Specific Provisions

Part 4: Technical and Management Proposal Requirements (Proposal Volume II)

Part 5: Proposal Price Breakdown Pages (Proposal Volume III)

Part 6: Proposal Scoring Criteria and Weights

Part 7: Terms and Conditions of Contract

Part 8: Service Level Agreement (if applicable)

Part 9: Supplier Diversity Provisions

Part 10: Important Notices to Proposers

FORMS THAT MUST BE SUBMITTED WITH THE PROPOSAL

□ Form 1: Proper Information and Authorized Signature; Acceptance of Contract Terms; Proper Certifications;

Confidential Information; Signed RFP Addenda; and References

□ Form 2: Offeror’s Affirmation of Understanding of And Agreement pursuant to State Finance Law § 139-j(3) and § 139-j(6)(b)

□ Form 3: Offeror’s Disclosure of Prior Non-Responsibility Determinations and Certification of Compliance with

State Finance Law § 139-j and § 139-k

□ Form 4: Diversity Practices Questionnaire

□ Form 5: Supplier Diversity (M/WBE/SDVOB) Utilization Plan and/or Supplier Diversity (MWBE/SDVOB)

Request for Waiver Form. Also see Supplier Diversity Provisions in Part 9.

□ Form 6: RFP Checklist

FORMS THAT CUNY MAY REQUIRE FROM THE PRESUMPTIVE AWARDEE

If required by CUNY, the Presumptive Awardee selected as a result of this solicitation (the “Presumptive Awardee”) shall complete, sign, and submit the following forms and certifications as described in Section 2.3.5 through 2.3.12 of Part 10 of this RFP.

□ Form 7: Executive Law Article 15-A – Minority and Women-Owned Business Enterprises and Equal

Employment Opportunity Policy Statement

□ Form 8: Evidence in form and substance satisfactory to the University that the Contractor maintains workers’ compensation coverage and disability insurance coverage as required by the New York State

Workers’ Compensation Law, or is exempt from this requirement

□ Form 9: New York State Vendor Responsibility Questionnaire (NYS VendRep)

□ Form 10: New York City Vendor and Principal Questionnaire (NYC PASSPort)

FORMS THAT THE CONTRACTOR MUST SUBMIT UPON REQUEST BY CUNY BEFORE, DURING AND AFTER THE

PROPOSED CONTRACT TERM

□ Form 11: CUNY Substitute W-9 Form

□ Form 12: Workforce Utilization Report

□ Form 13: Supplier Diversity (MWBE/SDVOB) Quarterly Contractor Compliance & Payment Report

□ Form 14: State Consultant Services – Contractor’s Planned Employment (Consultant Disclosure Form A)

□ Form 15: State Consultant Services Contractor’s Annual Employment Report (Consultant Disclosure Form B)

□ Form 16: Tax Law §5-a, Form ST-220-CA – Contractor Certification (Contractor to send to the University)

□ Form 17: Tax Law §5-a, Form ST-220-TD – Contractor Certification (Contractor to send to the State)

□ Form 18: Certified Weekly Payroll Report

□ Form 19: Contractor’s Safety Protocols

Part 1: Key Events and Dates; Designated Contacts; Proposal Due Location; Contract Term

Key Events and Dates Action Date

CUNY issues RFP for Vending Operations April 18, 2025

Submission of Written Questions Due Date 1 April 24, 2025

Submission of Written Questions Due Date 2 May 2, 2025

Proposal Submission Due Date and Time May 9, 2025

*If the Pre-Proposal Conference is mandatory, a Proposer’s failure to attend will render their Proposal non- responsive.

**Proposers are advised to read all sections of this RFP document carefully, with emphasis on all terms and conditions.

By tendering a response to this solicitation, each proposer agrees that it accepts all terms and conditions in the package without exception. If a vendor requires clarification on, or seeks to propose an exception to, any of the terms and conditions contained in the solicitation package, all such requests must be made in writing prior to the Questions

Deadlines listed above. Proposed exceptions will be evaluated on a case-by-case basis, and determinations will be published in a subsequent addendum. Proposers are not to rely upon an exception agreed to for a prior contract award to govern the terms of this solicitation – all proposed exceptions must be introduced and incorporated via addendum issued specifically for this solicitation. A proposer who submits exceptions to the solicitation after the Q&A

Period may result in the proposer’s submittal being deemed non-responsive by the University.

CUNY reserves the right to amend any or all of the above dates and will issue such change in writing.

I. Designated Contact(s):

In compliance with the Procurement Lobbying Law, the individual(s) identified below are the Designated Contact(s) for this Request for Proposals solicitation and may be contacted for all inquiries regarding this solicitation:

The City University of New York Attention:

Michelle Synovitsky Procurement Manager shdbids@cuny.edu

New York State Procurement Lobbying Law permits rejection of a Proposal if a Proposer has made any unauthorized contact during the Restricted Period (as defined in the Procurement Lobbying Law).

Multiple violations of procurement lobbying restrictions regarding permissible contacts may lead to a Proposer’s being debarred from participating in future New York State procurements.

II. Proposal Due Via Email Only to: shdbids@cuny.edu CUNY is not responsible for the delivery or submission of Proposals. Only Proposals that are sent, and accepted by the Designated Contact, shall be accepted. CUNY is not responsible for Proposals received after the deadline, regardless of the reason for lateness. CUNY will only deem it acceptable for Proposals to be submitted via e-mail. In that instance, Proposals submitted via e-mail require scans of original (wet) signatures and notarizations to be considered a valid Proposal. Proposer must submit its Proposal (including any excel spreadsheets) clearly labeled with Proposer’s name and the RFP’s Project name via e-mail with three (3) separate pdf attachments clearly named for Volume I (Forms), Volume II (Technical Proposal), and Volume III (Price Proposal).

III. Anticipated Number of Contracts

CUNY anticipates awarding up one (1) contract(s) based on an evaluation of best value, as further described in Part 6 of this RFP. The University intends to use this RFP and the successful proposal as a basis for the final contract.

IV. Anticipated Contract Term:

The Contract Term will be five (5) years, commencing on the date that the Contract is approved by the Attorney General and the New York State or New York City Comptroller. CUNY, in its sole discretion, may renew the Contract for one (1) additional 5-year renewal term.

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Figure 1 - CUNY Colleges and Professional Schools

Senior Colleges

• Baruch College

• Brooklyn College

• The City College of New York (includes the Sophie Davis School of Biomedical Studies)

• College of Staten Island

• Hunter College

• John Jay College of Criminal Justice

• Lehman College

• Medgar Evers College

• New York City College of Technology

• Queens College

• York College

Community Colleges

• Borough of Manhattan Community College

• Bronx Community College

• Hostos Community College

• Kingsborough Community College

• LaGuardia Community College

• Queensborough Community College

• Stella and Charles Guttman Community College (formerly known as and noted as NCC on the map above)

Honors College and Graduate & Professional Schools

• Macaulay Honors College (Multiple Locations)

• The Graduate Center

• The CUNY School of Law

• The CUNY Graduate School of Journalism

• The School of Public Health

• The CUNY School of Professional Studies

• CUNY School of Medicine

Part 2: Proposer Qualifications and Requirements; and Diversity Participation Goals

Paragraph I: Minimum Proposer Qualifications:

The City University of New York (“CUNY” or “University”) seeks proposals from experienced and qualified vendor(s) (“Contractor, or “Proposer”) to provide, operate, and maintain Vending Machines (the “Vending Operations”) at CUNY campuses citywide. CUNY’s goal is to increase the revenue generated from our beverage and snacking vending program and to provide excellent service for our student and faculty population. In order to be considered for Contract award, Proposers and any subcontractor(s) must meet the minimum qualifications below. Inability or unwillingness to meet the minimum qualifications set forth below will result in the rejection of a proposal as non-responsive. Qualified Proposers will:

a. Be financially viable;

b. Have at least five (5) years’ experience providing Vending Operations to large, urban, single-client multi-site, institutions;

c. At least 3 clients with a total of at least 300 beverage / snack machines with at least five (5) locations separately serviced in NYC;

d. Ability to secure a payment and/or performance bond in the amount of $3 million;

e. Show proven commitment to consumer health and wellness through, among other things, availability of low and zero calorie and sugar beverages and snacks, wholegrain items, etc.;

Proposer’s Subcontractors must also possess appropriate qualifications and an acceptable level of experience, as determined by CUNY in its sole discretion.

Paragraph II: Summary of Contract Specifics

This section summarizes Contractor’s responsibilities for providing Vending Operations. This section must be read in conjunction with the Scope of Services of this RFP, which provides a detailed description of Contractor’s responsibilities.

a. Product Mix. Contractor must have the ability to deliver a wide variety of products, including fresh and healthy options, and optional microwavable meals. Examples of product offerings may be refrigerated water, soft drinks, real fruit beverages, candy, gum, bagged snacks, cookies and crackers, as well as, at a Participating College’s request, ice cream, hot beverages, soups, hot sandwiches and other cold food vending options. Each product furnished must be a recognized name brand approved by CUNY.

b. Health, Wellness and Sustainability. Contractor must work with CUNY to support and implement industry trends and best practices regarding healthy and nutritious beverage and snack products, as well as campus awareness campaigns and initiatives related to sustainability. In general, both healthier and standard fare must be offered such that the ratio of healthier (e.g., lower in fat, salt, sugar, and calories) to less healthy products should be one to one.

c. Personnel. Contractor must provide experienced and qualified personnel in numbers sufficient to ensure efficient, hygienic, and orderly performance of vending operations. Contractor’s personnel must maintain proper standards of courtesy, service and professionalism in dealing with the CUNY community. Contractor must designate an experienced and capable individual who will be responsible at all times for implementation of the Contract. All personnel will serve subject to approval by CUNY.

d. Vending Equipment. Contractor must supply, deliver, install, maintain, and repair all vending equipment at no cost to CUNY. All vending equipment must be new, heavy-duty commercial, EnergyStar qualified, and of the latest model available from a nationally known manufacturer. Contractor must provide a proposed schedule for phasing in such equipment. All vending equipment must be ADA compliance requirements. All vending equipment must include card readers for credit, debit, and “smart” card(s) and must have the ability to integrate with University systems. All vending equipment must be installed with a third-party software system or other device, that remotely monitors all vending transactions to allow the Contractor to track and manage data (e.g. remote inventory monitoring technology to track stock levels and to identify service issues to minimize downtime) and operations, and from which the University will be able to generate reports and review data, on-line 24/7. Readers accepting debit and credit cards must be PCI compliant, wireless-based, and not require access to the University’s network.

e. Preventative Maintenance. Contractor must establish and abide by a preventative maintenance program for all vending machines. The Contractor must provide a reporting mechanism for customers to report vending machine issues, such as customer service phone number or online portal, and must log and address these issues promptly.

The Contractor must submit regular reports detailing maintenance, repairs, upgrades, and compliance with vending operations industry standards.

f. Service Calls. Contractor must, at its own expense, maintain vending machines in good working order and must respond to calls within 24 hours – 48 hours. (e.g. 24 hours for minor issues and 48 hours for major breakdowns to minimize service disruptions). Equipment which cannot be returned to full service within 72 hours notification of needed repair must be replaced with comparable equipment of similar like quality until the original equipment is returned to service.

g. Commissions and other consideration. In consideration of the rights granted, Contractor agrees to pay CUNY commissions, an annual minimum payment and other consideration as agreed to by the parties.

h. Reporting and Audit. Sales and other data must be available to CUNY on demand. In addition, the Contractor must provide CUNY with a monthly sales and commission report. CUNY will have the right to accompany Contractor’s representatives when conducting meter reads and collecting cash from machines for which it has codes with or without notice to Contractor. Reports must provide details by campus location of total sales and items sold.

i. Laws and Regulations. Contractor must comply, and ensure that its staff complies, with all laws, rules and regulations governing vending operations and all applicable provisions of the contract. Contractor will be responsible for all Federal, State and Local licenses and taxes in connection with the vending services provided.

Vending machines must be compliant with the National Automated Merchandising Association (NAMA) Multi-Drop Bus (MDB) interface specification. The Contractor is responsible for the cost for any card readers, accessories, and installation.

Paragraph III: Non-Mandatory Proposer Qualifications:

Not Applicable

Paragraph IV: Supplier Diversity Participation Goals Not Applicable

Part 3: Project Objectives and Scope; Detailed Specifications and Deliverables;

and Contract-Specific Provisions

3. Project Scope:

CUNY seeks a Contractor to provide, install, manage, and service vending machines at various locations throughout the CUNY system. This RFP is being competitively solicited and the resultant contract will be awarded on the basis of the economic model the University deems to be most beneficial to CUNY, its students, and staff;

in accordance with the terms of this RFP.

3.1 Project Objectives:

CUNY’s goal is to secure a Contractor with proven success in Vending Operations. To this end, the Contractor shall conduct Vending Operations to meet CUNY’s objectives, including, but not limited to:

• The Contractor shall deliver a wide variety of products, including fresh and healthy options, and curated, gourmet microwavable meals along with non-edible products

• The Contractor shall provide to the University specific ideas and resources to support revenue and other objectives.

• The Contractor shall have ability to expand and enhance the current vending locations.

• The Contractor must possess state of the art technology with electronic sales tracking and machine monitoring systems.

• The Contractor shall provide detailed sales reports on a regular basis, outlining the performance of all vending machines under their management. These reports shall include, but not be limited to, total sales revenue, sales volume by item, machine-specific performance, restocking frequency, inventory levels, machine downtime, and any service or maintenance activities performed. Reports shall be submitted quarterly and must be presented in a clear and organized format, allowing CUNY to evaluate operational efficiency, consumer demand trends, and overall profitability.

• The Contract shall hold meetings on a quarterly basis to enhance customer experience, student engagement and sales.

• The Contractor shall provide marketing and participate in events around University campus(es) as directed by the University.

3.2 Detailed Specifications and Deliverables:

Vending Machines.

• The Contractor shall install, at its cost and expense, the number and types of vending machines agreed to at the locations determined by the University. Vending machines must be factory new, heavy-duty commercial, EnergyStar qualified, and amongst the latest models available from a nationally known manufacturer. If the University, in its sole discretion, determines a vending machine is no longer required, the University will direct the Contractor to remove the vending machine. The Contractor shall remove these machines promptly at its own cost and expense, and in no event later than two (2) business days, after notification from the University.

• All vending machines furnished must be equipped with thermal overload protection. In addition, all machines must be equipped with all necessary safety devices which must be maintained in good operating condition at all times. All machines must meet the latest industry standards.

• The Contractor must at all times, at its expense, maintain the vending machines, including any meters, electronic monitoring systems, electronic sales equipment and special attachments, in proper working order and promptly make all necessary repairs and replacement of parts.

• The Contractor must maintain the vending machines, material handling equipment and service vehicles in a clean, attractive and sanitary condition to the satisfaction of the University.

• All products requiring refrigeration and/or freezing are to be transported and maintained at proper temperatures from point of origin to point of delivery.

• The University will have the right to inspect any and all vending equipment at any time for sanitation and housekeeping reasons and conduct bacteriological examinations of the vending machines and products vended that the University deems appropriate. To this end, the Contractor will supply the University, a designate representative with the necessary means to access all vending machines. The Contractor agrees to notify the University in advance whenever such access is required.

• The Contractor shall provide a schedule that details how vending machines will be improved upon, changed out or upgraded.

• Any equipment that repeatedly malfunctions during the contract period must be removed and replaced with new equipment.

• All vending machines must be free of brand recognition.

Products.

• Contractor must provide retail pricing to the University all products to be sold at the vending machines.

• The University reserves the right to specify the manufacturer or supplier of goods vended at present or future times based upon partnerships and business relationships with the University.

• Any introduction of new products or substitution of products must be approved by the University in writing.

Contractor must supply the University with the manufacturer, portion size, weight, cup capacity, brand or quality level for any new product or substituted product.

• All perishable products will be clearly marked with expiration date visible prior to purchase of product and changed out as needed to meet industry standards.

• All sandwiches, salads and related product determined by the University as having a short shelf life must be removed on a timely basis (at least five (5) days prior to sell by date as to prevent expired items from dispensing.

• Contractor must comply with all appropriate University directives as they may arise.

• Contractor must do its best to provide non-edible items (e.g. emergency supplies, technology products, and other personal essentials) as requested by CUNY.

• All product containers must comply with applicable labeling laws.

Commissions.

• The Contractor agrees to pay the University a monthly commission payment that is a percentage of gross vending sales (less sales tax and container deposit).

• The University may also consider a proposal for a guaranteed minimum annual commission, scholarships, and signing bonus that does not relate to annual sales.

• Contractor agrees to provide a statement report of all vending sales for each machine to the University by the 5th business day of the month for the previous month. Commissions due to the University must be paid on a monthly basis no later than by the tenth calendar day of the following month. The report must display the following details:

o Campus Name o Building / Floor Location o Vending Machine Number o Product Type i.e.: Beverage, Snack, Ice Cream, etc.

o Package Size o Vend Price o Units sold (Counter Reading Beginning and Ending) o Gross Receipts as determined by counter o Actual cash taken from vending machine o Credit, debit and other card sales at the vending machine o Sales tax and refund deductions o Net receipts applicable to commission o Commissions paid by month and YTD o Related information as reasonably requested by CUNY

• Contractor agrees to pay interest for any commissions not paid on time at a rate of 1.5% per month for each month or partial month payment is late or the maximum interest rate allowed by law, whichever is lower.

Any monies due, which are not paid within sixty (60) days of due date may result in termination of the Contract by the University.

• CUNY and Contractor will meet from time to time at either party’s request to review reports, explain deficiencies, discuss problems and mutually agree on course of action to improve the results of the vending operations. Any adjustments to a commission report required as a result of review and/or audit will be identified and reflected on the next report.

• The receipt, acceptance or the cashing of any checks paid made to CUNY will not preclude CUNY from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payments, they will immediately be rectified by Contractor and the appropriate payment must be made by Contractor.

• CUNY and/or their auditors may inspect and review records and may require Contractor to furnish such other financial information related to the vending operations as CUNY deems appropriate. In the event to any question as to the dollar amounts due to CUNY or Contractor, the decision of CUNY’s auditors will be final and binding upon both parties to this Contract. Contractor will be responsible for the cost of the audit in the event that CUNY’s auditors find a shortage of 10% or more of the amount due to CUNY.

Personnel.

• Contractor’s personnel shall observe all campus regulations for driving, parking, and work behavior while on campus, in addition to any campus, state, or local health department orders or safety protocols related to COVID-19 or any other health pandemics.

• Contractor agrees that their representatives will have cellphones, radios or other communication devices and have authorization and access to resolve most vending out-of-stock, malfunction or similar issues.

• The University agrees to arrange with each campus the appropriate access guidelines that the Contractor will be obligated to follow. Contractor agrees to comply with all posted campus speed, traffic and parking requirements.

• Employee uniforms must be provided by the Contractor that easily and appropriately identify the Contractor and employees. Uniforms must be neat, clean and appropriate uniforms fitting to their positions while on duty. Contractor is responsible for all costs in providing cleaning and replacing such uniforms. Contractor’s personnel must wear nametags visible at all times while on University premises.

• Contractor must maintain at all times an experienced and qualified personnel in numbers sufficient to ensure efficient, hygienic and orderly performance of vending operations. Contractor’s personnel must maintain proper standards of courtesy, service and professionalism in dealings with the University community.

• Contractor is an independent contractor and not any employee of the University or campus(es).

• Contractor is solely responsible for the actions and behaviors of its employees.

• Contractor must comply with all government regulations related to the employment, compensation and payment of personnel.

• Contractor will furnish the necessary number of employees to provide a mutually agreed upon frequency of service to the University and its campus(es).

Utilities.

• CUNY will furnish at no cost to the Contractor cold water and electricity (“Utilities”) necessary for the efficient performance of vending operations except that Contractor will be responsible for any costs that result from changes in existing electrical service, plumbing service, ventilation, lighting, etc. required by Contractor to perform the Contract.

• CUNY does not guarantee an uninterrupted supply of the utilities and CUNY will not be liable for any product loss, damages or compensation should the provisions of utilities be interrupted.

• CUNY will make every reasonable effort to inform Contractor of scheduled utility shutdowns, unexpected utility failures or vandalism and will not be liable for loss of product or equipment.

• Contractor must use best efforts to comply with energy conservation measures, including operating machines in low power mode in low traffic locations and when a campus(es) is closed.

• Contractor agrees to supply, install and maintain utility cords, tubing, etc., so as to comply with all applicable health, safety and building code requirement(s).

• Contractor will comply with all applicable University policies, regulations or directives.

Security and Risk of Loss.

• Contractor is responsible for the control of any keys obtained from the campus(es) and the security of those areas for which and when they are used by Contractor’s personnel. Contractor must immediately report to the applicable campus(es) all thefts, break-ins, losses or damage to vending machines and other law enforcement and security matters, as well as incidents involving its personnel or campus affiliates.

• Contractor bears the risk of loss or damage to vending operations inventory, whether in transit, in a vending machine or in storage. Contractor also bears the risk of loss for monies collected to vending operations.

Losses or shortages of cash will not diminish monthly payment of commissions.

• Contractor bears the risk of loss or damage to the vending machines, whether in transit or in storage. CUNY assumes no responsibility for any losses Contractor may incur due to damage to vending machines arising from any cause. CUNY assumes no responsibility for the protection of the vending machines against loss arising from vandalism, theft, fire, water or other causes.

• Contractor bears the risk of loss or damage to CUNY property resulting from vending operations except if CUNY makes a determination that the loss or damage was due to causes beyond Contractor’s control. In the case of an excused loss or damage, Contractor must reimburse the cost of repairing or replacing such CUNY property. CUNY will give Contractor written notice of amounts to be reimbursed, which will be due within sixty (60) calendar days of the date of notice.

• All vending machines must have appropriate security measures, such as anti-theft locks, reinforced glass, and tamper-resistant payment systems, to prevent vandalism and unauthorized access. The Contractor shall be responsible for the cost to safekeep vending machines.

Taxes, Permits, Licenses and Fees.

• Contractor agrees to assume complete liability for all taxes, permits, licenses and fees applicable to its property, income and business arising out of or in connection with the performance of the agreement.

• Contractor must obtain all necessary permits and licenses for the installation and operation of the vending machines in its name and at its expense.

• Contractor will not be reimbursed by the University and/or its campus(es) for any direct or indirect tax imposed on it by reason of this agreement.

Sanitation.

• Contractor must maintain vending machines in compliance with all applicable CUNY, State, Federal and City health, safety and sanitation codes.

• Contractor shall adhere to the highest standards of cleanliness and sanitary practices to ensure continual sanitation in all functions and matters related to the execution of the terms of this contract, including transport and storage of food and related items.

• Without limitation, Contractor must keep all vending machines clean, sanitary and visually appealing by cleaning exterior surfaces at least once per week. Contractor must promptly remove any refuse caused by the stocking and/or maintenance of the vending machines and not deposited into any campus trash, and in the circumstances of Contractor’s failure to do so, Contractor agrees to pay CUNY all costs for such removal.

The University will provide for normal custodial service around the vending machines however Contractor is responsible for areas in, under and behind all vending machines. Contractor’s route personnel must clean floor spillage that occurs in the process of filing or cleaning vending machines.

Collection of Monies; Refunds

• Meter readings and money collection must take place during normal business hours as to not disrupt normal business operations, Monday through Friday. CUNY reserves the right to have a CUNY representative present during meter readings and collections. CUNY also reserves the right to have a CUNY representative check the meters on those vending machines for which it has master codes, from time-to-time, with or without notice to Contractor.

• Contractor will process refunds within seven (7) calendar days of the occurrence.

• The Contractor shall develop and implement policies or the purpose of tracking commissions, refunds and machine failures, procedures and develop an execution plan that identifies the performance of machines, type of machines, and location.

• Contractor must display its refund policy on at each vending location. The refund policy is subject to written approval from CUNY. At each campus, Contractor must provide an electronic system where refunds will be issued directly to customers’ original method of payment.

If there is a conflict or discrepancy between, among or within any provisions of this RFP imposing obligations on the Contractor, the more stringent requirement, specification, standard, criteria, warranty or obligation shall govern.

Part 4: Technical and Management Proposal Requirements (Proposal Volume II)

Proposer must provide evidence the minimum requirements of this RFP will be met:

A. A representative list of the snacks, beverages and other products that Proposer would make available to CUNY. Indicate which products are low and zero calorie and sugar, are whole grain, or otherwise, healthier beverages, snacks or culturally inspired food options;

B. Evidence of Proposer’s financial viability, including one (1) copy of Proposer’s audited financial statements for each of the last three (3) years, including balance sheet, profit and loss statement and cash flow analyses. If the Proposer is a subsidiary of a larger organization, then only financial data pertinent to the subsidiary’s financial position is required. CUNY reserves the right to request additional financial information, if necessary, to establish the overall financial viability of the Proposer;

C. Evidence that the Proposer has a minimum of five (5) years of successful business experience performing comparable services to those under this RFP. Provide a list of Proposer’s current higher educational or governmental clients. Include at least five (5) references from higher education or governmental clients, with a preference for references from large, multi-site, urban institutions;

D. A description of Proposer’s presence in the New York metropolitan area, including number of local employees and number of local accounts;

E. Evidence that Proposer presently has sufficient resources, in terms of equipment and labor, to carry out the Contract. If Proposer anticipates using subcontractors, provide details regarding the amount of the business Proposer expects it would need to subcontract and the names and addresses of all proposed subcontractors;

F. Describe in detail how your company would address sustainability issues in vending service at the University for maximum environmental, social, and economic impact. Provide specific goals, with percentages and dates. The University are particularly interested in decreasing the use of plastic and increasing the use of items with high levels of post-consumer recycled content. Please also address how, if at all, the use of sustainable practices will affect the financial package your company is able to offer us

Company Overview: Provide an overview of Proposer, including:

A. A brief history of Proposer, especially as it relates to higher education and governmental market, including revenue levels, number of current accounts, list of suppliers, years in business, and number and make-up of staff;

B. Former clients: Provide a list of higher education and governmental clients where Proposer’s services have been terminated (either by Proposer or by the client) within the past three (3) years. Provide the following information regarding these clients:

a. Name and address of the company

b. Name and title of client contact

c. Telephone number of client contact

d. # of machines and # of locations

e. Revenue generated for Client

C. A description of Proposer’s internal administrative systems, including but not limited to, inventory control, reporting of sales, and internal audit.

Management Profile:

A. Provide an organizational chart or short profile of Proposer’s management structure and a plan for administrative management and supervision of staff required to carry out the services under this RFP. This should include a description of any regional or headquarters support and the resumes of key personnel, including those employees who would be responsible for the Contract if it were awarded to Proposer.

Product Description:

A. Submit a list of representative snacks, beverages, and other products to be offered to CUNY.

Health and Wellness Proposal:

A. In addition to the information provided in response to the minimum requirements, describe any proposed awareness campaigns and strategies in support of health and wellness. In particular, describe any proposed initiatives to encourage the use and purchase of water and other heathier beverages, such as offering discounted retail prices on these items.

Recycling and Sustainability Proposal:

A. In addition to the information provided in response to the minimum requirements, describe any suggested programs or ideas for encouraging recycling of beverage containers, such as reverse vending machines.

Equipment Maintenance:

A. Describe your plan to invest in and offer the latest vending technology, such as allowing vending machine purchases through a smart phone app. Provide a list, with quantity, brand and model number, of all equipment Proposer proposes to bring to CUNY. Include a complete manufacturer’s description literature regarding any equipment proposed. Note each vending machine must be new, heavy duty commercial, EnergyStar qualified and the latest model available from a nationally known manufacturer. In addition, each vending machine must include a card reader for credit, debit and smart cards where applicable.

B. Describe the software system or other device that will be installed on each vending machine to remotely monitor all vending transactions and from which CUNY will be able to generate reports and review data, on-line 24/7.

C. If your proposal does not include supplying all new vending machines at the start of the Contract, provide a schedule or plan for phasing in new machines on all campuses.

D. Describe Proposer’s program for preventative maintenance and regular replacement of worn, malfunctioning or damaged equipment.

E. Describe the day to day housekeeping and maintenance services Proposer would provide.

Advertising Proposal:

A. CUNY is interested in the possibility of having some vending machines display third-party advertising as well as University news and information. Provide a proposal, in your financial proposal and pricing package for providing such machines, with a description of equipment to be used, responsibility for third-party advertising solicitation and revenue sharing.

Financial Proposal & Pricing:

A. Provide a financial proposal with a detailed description of the pricing, commissions and other consideration and support offered by Proposer. Include the items listed below:

a. An upfront signing bonus

b. A guaranteed annual commission amount with a percentage of sales, regardless of sales volume

c. Any discounts, incentives or other financial consideration that Proposer wishes to offer (e.g., sponsorships, in-kind contributions)

d. A minimum of a 2-year pricing structure for all snacks, beverages and any other proposed items. Include specific pricing commitments and incentives and a proposed price escalation plan for years 3 through 5 ad any renewal term

e. Other considerations

Additional information:

A. Provide any other information you believe will be helpful to the selection committee in evaluating your proposal.

Part 5: Proposal Price and Commissions Breakdown Proposers must complete ALL line items in order for the Price Proposal to be deemed responsive. Failure to do so will result in the rejection of your Proposal.

5.1

Compensation & Guarantees

Vending Machines – Commission Rate ________________%

Minimum Annual Guarantee Vending Commissions $

Sponsorship Fees $

Signing Bonus $

Advertisement Fees $

Other considerations* $

5.1 Pricing for the below items at the vending machines for year 1 &2

Item Package Size Price Soda /Carbonated Beverages

Non-Carbonated Beverages

Hot Beverages

Cold Food

Chips, Candy, Snacks

Non-Edible Items

Other*

*Attach additional sheets as necessary to provide details

Part 6: Proposal Scoring Criteria and Weights

Step 1: Administrative Review

CUNY will conduct an administrative review of each Proposal to ensure that all content has been submitted in accordance with this RFP (including a completed Form 1 signed by an authorized representative of Proposer and completed Forms 2 and 3) and that Proposers meet the Minimum

Qualifications set forth in this RFP. Proposals that do not include all required content will be deemed non-responsive and will not be granted any further consideration, unless CUNY deems such omissions non-material. Proposers are not permitted to alter or amend their Proposals after the Proposal

Submission Due Date and Time. After a firm has been identified for award, all Proposers will be notified.

Step 2: Scoring of Diversity Practices Questionnaire (5)

Upon completion of its Administrative Review above, the University’s/College’s Procurement

Department will score the Diversity Practices Questionnaire. The Diversity Practices Questionnaire will be scored on the points system as indicated on the questionnaire. The total score received for each

Diversity Practices Questionnaire will be proportionally converted for a maximum of up to five (5) points. The scores for Proposers’ Diversity Practices Questionnaires will not be disclosed to CUNY’s

Technical Evaluation Committee (“Committee”) prior to their completion of their evaluation and scoring of Proposers’ Technical Proposals.

Step 3: Scoring of Volume II: Technical and Management Proposal (35 Points)

Members of the Committee will preliminarily score each Technical Proposal individually and then meet as a group to discuss and give final scores to the Technical Proposals. The preliminary Technical Score for each Proposal will consist of the sum of the scores given to the Technical Proposal by each of the

Committee members, divided by the number of Committee members with a maximum score indicated in this section, and will be provided to the University’s or College’s Procurement Office. Then the members of the Committee will meet as a group to discuss the Technical and Management Proposals.

After such group discussion, the Committee members will provide their individual final Technical Scores, which may or may not be the same as their preliminary Technical Scores, to the Procurement Office.

Step 4: Scoring of Volume III: Financial Proposal (50 Points))r

The University’s/College’s Procurement Department will score the Price Proposals. Only the University or College Procurement Office will be privy to pricing information until the Committee members have completed and submitted all final scoring, including for Technical and Management Proposals and for the Oral Presentations and Product Demonstrations (if applicable) for the RFP. The Proposer with the best financial proposal price, will receive a total of thirty (30) points, and lower financial proposals will receive proportionately lower points.

Step 5: Short-Listing Proposers

The University’s or College’s Procurement Office will add the Diversity Practices Questionnaire Score, the Technical Score and the Price Proposal Score to calculate each Proposer’s Initial Score. Initial Scores will be used to create a short-list of proposers. The University’s or College’s Procurement Office will inform the Committee members of the total scores of the Proposals.

CUNY, in its sole discretion, reserves the right to select the Proposer(s) the highest Initial Score(s) without requiring Oral Presentations.

Step 6: Oral Presentation and Product Demonstration for Short-Listed Proposers, if required (10 points)

The Short-Listed Proposers shall provide an Oral Presentation to the Committee in a form and manner requested by CUNY. The Committee will evaluate a Short-Listed Proposer’s Oral Presentation and award a score with a maximum of ten (10) points based on the following criteria

• Product meets the requirements stated in the RFP

• The capabilities of the Proposer’s staff that will lead the engagement

• Discussion on examples of previous projects of a similar nature and resulting outcome

• Ability to answer questions regarding their proposal

Step 7: Calculation of Short-Listed Proposer’s Final Proposal Score

The Final Proposal Score is the sum of the Short-Listed Proposer’s Diversity Practices Questionnaire, Technical, Price and Oral Presentation (if required) Scores for a possible maximum Final Proposal Score of one hundred (100) points.

CUNY reserves the right to request Best and Final Offers (“BAFOs”) from those Proposals receiving an

Oral Presentation, solely with respect to cost. Should CUNY exercise this right, CUNY will request a

BAFO from each Short-Listed Proposer. A BAFO must be a higher price than the initial Proposal price.

The cost score for the Short-Listed Proposers will be adjusted accordingly to determine the Proposer’s final score.

Step 8: Selection of Proposer

The Proposer with the highest Total Score, as calculated above, for a maximum of 100 points may be recommended by the Committee to the University for Contract award, if at all.

Table 1 Proposal Scoring Criteria and Weights

Title Scoring Method

Item Weight

Section Score

Minimum Proposer Requirements

(See Part 2-Paragraph I)

Pass/Fail

Diversity Practices

Questionnaire (for procurements with estimated value of $250,000 or greater)

Scored 5

Technical and Management Proposal

Scored 35

Qualifications 5

Company Overview 5

Management 5

Technical Merits

• Product Descriptions

• Health & Wellness

• Recycling & Sustainability

• Equipment and Maintenance

• Additional Information

Financial Proposal 50

Oral Presentation /Product Demonstration by Short-Listed Proposers, if required

Scored 10

Possible Score 100

Part 7: Terms and Conditions of Contract

NYS Appendix A is included on the following page as an appendix to the Terms and Conditions.

Part 7 - Terms and Conditions – Vending Operations RFP

March 2025

THIS VENDING OPERATIONS AGREEMENT (the “Agreement”) is made by and between The City University of New York (“CUNY” or the "University") and the vendor identified on the Contract Signature Page and in the State of New York Vendor Responsibility Questionnaire attached ("Contractor"). In consideration of the mutual stipulations and covenants herein contained, CUNY and Contractor agree with each other as follows:

SECTION 1 - DEFINITIONS

When used in this Contract, the following words have the meanings set forth in this Section:

1.1 “AEC” means a tax-exempt New York corporation that provides non-curricular support services, also known as “auxiliary enterprises,” to a particular Participating College.

1.2 “approved”, “directed”, “required”, “specified”, unless specifically stated otherwise, to mean approved, directed, required, or specified, as the case may be, by CUNY through its representative, the Business Manager.

1.3 “Business Days” means Mondays through Fridays (excluding Saturdays and Sundays), excluding holidays on which CUNY is officially closed.

1.4 “Business Manager” means CUNY’s Deputy Chief Operating Officer for Management Services or his or her designee.

1.5 “City” means New York City.

1.6 “College” means a constituent unit of CUNY.

1.7 “Comptroller” means the Comptroller of the City or State of New York, as applicable.

1.8 “Contract” means the following documents (each a “Contract Document”): (1) these Terms and Conditions, exhibits, tables, schedules, and appendices; (2) Contractor’s Proposal; (3) questionnaires, amendments, addenda and representations and affirmations of Contractor; (4) samples and any other information submitted by Contractor; (5) insurance documents; (6) New York State Appendix A - Standard Clauses for All New York State Contracts, and all New York City and New York State requirements included in the Attachments to the RFP; (7) the advertisement(s); and (8) notice of award.

1.9 “Contractor” means the second party named above.

1.10 “Days” means calendar days unless otherwise specified.

1.11 “Laws” means all laws, regulations, rules, orders, requirements, and the like, of federal, state, and local governments, courts, governmental authorities, legislative bodies, boards, agencies, commissions, and the like.

1.12 “Participating College” means a CUNY college that is participating in this Contract and is listed on Attachment B, as it may be amended from time to time.

1.13 “Person” means any natural person, corporation, general partnership, limited partnership, limited liability company, proprietorship, other business organization, trust or association.

1.14 “Proposal” means the information provided by Contractor pursuant to Section 3 – Proposal Format and Contents, of the RFP and attached as Attachment A.

1.15 “RFP” means the request for proposals issued by CUNY for Vending Operations.

1.16 “Staff” means a Person or Persons furnished by Contractor to perform the work of this Contract.

Staff include Contractor’s employees, partners, agents and representatives, as well as Persons engaged by Contractor as consultants, coordinators, independent contractors, subcontractors, franchisees or in any other capacity.

1.17 “State” means New York State.

1.18 “Term” has the meaning set forth in Section 3 below.

1.19 “Vending Machine” means beverage and snack vending machines and any other equipment for use in providing the Vending Operations.

1.20 “Vending Operations” means the provision, operation and maintenance of Vending Machines at CUNY and related activities, as further described in Section 4 of this Agreement.

SECTION 2 - TERM AND APPLICATION OF CONTRACT

2.1 The term of this Contract is five years beginning on the date this Contract is approved by the Attorney General and the New York State or New York City Comptroller, unless (i) mutually extended by written agreement of the parties, or (ii) sooner terminated as provided herein.

2.2 CUNY has the right to renew the Contract for an additional three-year period and for a following additional two-year period, each renewal in its best interest. If CUNY elects to renew the Contract, it will provide notice to the Contractor 90 Days prior to the expiration date of the Contract. CUNY’s failure to notify the Contractor within this time period will not operate as a waiver of CUNY’s right to renew the Contract. Such renewal will be on the same terms and conditions as the original term unless otherwise specified in a written document signed by both parties.

2.3 At the end of the initial term or any renewal term, the Contractor must, at CUNY’s written request for an additional partial term, provide Vending Operations as specified in the Contract for a period not to exceed six months, on the same terms and conditions as the prior term.

2.4 At the time CUNY exercises any Contract renewal, CUNY reserves the right to require that Contractor replace some or all Vending Machines with unused factory new current production models at Contractor’s expense.

2.5 Pursuant to an agreement between CUNY and the AECs entered into simultaneously with this Contract, this Contract will be administered at campus level by the AEC that supports each Participating College. Consequently, references to “Participating College” in this Contract include the supporting AEC.

SECTION 3 - – GRANT OF RIGHTS

3.1 Subject to Section 3.2 below, CUNY hereby grants to Contractor an exclusive license during the term of this Contract to provide Vending Operations at the Participating Colleges.

3.2 Pouring Rights Contract and other Sponsorships.