ESBD_363660_1718740444735_RFP 2024-1113 Branded Smoothie Concept.pdf

Request for Proposal

Request for Proposal ("RFP") Number:

RFP Name:

RESPONSES MUST BE RECEIVED BEFORE:

1:30 PM Central, 7/31/2024

NOTE: Responses must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

2024-1113

Branded Smoothie Concept https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

RFP for_ Branded Smoothie Concept

Rev. February 1, 2022 Page 2 of 21

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 Introduction

1.2 Primary Contact

1.3 Scope of Goods or Services

1.4 Proposal Submittal Requirements

1.5 Event Information

1.6 Term of Award

1.7 Historically Underutilized Business ("HUB") Firms

1.8 HUB Subcontracting Plan

1.9 Right to Modify, Rescind, or Revoke the RFP

1.10 Signature and Certification of Proposer

1.11 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents' Rules, and TTU

Operating Policies and Procedures

1.12 Compliance with RFP Requirements

1.13 Right of Rejection

1.14 Binding Effect of Proposal

1.15 Use and Disclosure of Information

1.16 Group Purchase Authority

1.17 E-commerce

1.18 Withdrawal or Modification

1.19 Risk of Loss, Damage, or Delay

1.20 Digital Signature

1.21 Insurance Requirements

SECTION 2: SCOPE OF WORK

2.1 Background

2.2 Concept Desired at This Time

2.3 Concept Proposal Requirements

2.4 Franchise Fees and Payments

2.5 Scholarship Program

2.6 Invoicing and Payment

2.7 Alternate Proposals

SECTION 3: EVALUATION CRITERIA FOR AWARD

3.1 Evaluation Process

3.2 Proposer's Acceptance of Evaluation Methodology

3.3 Evaluation Criteria and Weights

3.4 Scoring Methodology

3.5 Consideration of Additional Information

3.6 Oral Presentations and Interviews

3.7 Award Process

3.8 Best and Final Offer

3.9 Protest Procedures

3.10 Contract Documents

3.11 Not Exclusive

APPENDIX A: DEFINITIONS

Rev. February 1, 2022 Page 3 of 21

SECTION 1

GENERAL INFORMATION

1.1 Introduction

Texas Tech University ("TTU") is seeking competitive Responses to a Request for Proposal ("RFP") for a national, regional, or locally branded smoothie concept to be located in multiple locations throughout campus, including, but not limited to, the Student Recreational Center, the Student Union Building, and various dining locations and residence halls. This RFP provides sufficient information for interested parties to prepare and submit Proposals for consideration by TTU. Additional information may be made available by written request to the Primary Contact identified in Section 1.2.

1.2 Primary Contact ("Primary Contact")

Andrew Jaco Solicitations.purchasing@ttu.edu Texas Tech University TTU Plaza Suite # 408 Box 41094 Lubbock, TX 79409-1094

1.2.1 All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of

Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website.

Only those replies to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer to review TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

Questions must be emailed or submitted in writing to the TTU Primary Contact.

1.2.2 Except as provided in this RFP (e.g ., designated Point of Contact) and as otherwise necessary for the conduct of existing TTU business operations, Proposers are expressly and absolutely prohibited from engaging in communications with TTU personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Proposals, in the selection of a Contractor, Negotiation, or formalization of a Contract. If any Proposer engages in conduct or communications that TTU determines is contrary to the prohibitions outlined in this section, TTU may, at its sole discretion, disqualify the Proposer and remove the Proposal from consideration.

1.3 Scope of Goods or Services

TTU is seeking a national, regional, or locally branded smoothie concept to be located in multiple locations throughout campus. The concept should feature fresh juices, smoothies, or other fruit- or vegetable-based beverages.

There is a high interest in health-conscious beverages and pre-/post-workout recovery smoothies. The intent is to provide a purchase-and-go environment, so no space will be allocated for seating.

1.4 Proposal Submittal Requirements

1.4.1 By submitting a Proposal, the Proposer certifies an understanding of this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the Goods or Services to be provided, and the conditions under which the Goods or Services are to be performed. The Proposer also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected for award by TTU, the Proposer will notify TTU immediately of any material change in any matters about which the Proposer has made a statement or representation or provided information.

Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete Proposal to all requirements and questions as directed.

https://www.ttu.edu/about/ mailto:Solicitations.purchasing@ttu.edu https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech mailto:solicitations.purchasing@ttu.edu

Rev. February 1, 2022 Page 4 of 21

1.4.2 Submittal Instructions for TechBid Proposals

TTU requires that all Proposals be submitted in the TechBid system at (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Proposers must submit Proposals online no later than the date and time indicated in the Schedule of Events.

TTU recommends that the Proposer submit the Proposal at least twenty-four (24) hours before the deadline for submission to accommodate any technical issues. If the Proposer encounters ANY issues with submitting a Response, the Proposer must contact the Primary Contact before the deadline.

In order to be considered responsive, the following items must be submitted in TechBid:

i Proposer’s Response Form ii Signed Affirmation and Conflict of Interest iii Cut sheets for any/all specialized equipment

1.5 Event Information

1.5.1 Schedule of Events

TTU intends to follow the timeline below for evaluating, negotiating, and issuing a Contract:

Schedule of Events Event Date Time Notes

Distribution of RFP Tuesday, June 18, 2024 3:00 PM Central

Onsite Visit/Walkthrough Tuesday, July 9, 2024 1:30 PM Central

University Student Recreation Center 3219 Main Street, Lubbock, Texas, 79409 Deadline to confirm attendance for onsite Visit/Walkthrough Friday, July 5, 2024 5:00 PM

Central solicitations.purchasing@ttu.edu

Deadline for Submission of Written Questions Wednesday, July 17, 2024 2:30 PM

Central

TTU will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date Wednesday, July 31, 2024 1:30 PM Central

Online Proposal Opening Wednesday, July 31, 2024 1:30 PM Central TEAMS LINK

Evaluation of Proposals August 1 – September 1, Award Recommendation September 1, 2024

* All dates are tentative and subject to change.

1.5.2 Onsite Visit/Walkthrough

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzU4ZWIzMjMtNjJhNy00Y2QwLTg3YjUtZjIxMTE1ZGVkNThi%40thread.v2/0?context=%7b%22Tid%22%3a%22178a51bf-8b20-49ff-b655-56245d5c173c%22%2c%22Oid%22%3a%22678f0562-66a0-4b00-8ea6-9eb3de58d58b%22%7d

Rev. February 1, 2022 Page 5 of 21

An Onsite Visit/Walkthrough is scheduled on the date shown in the Schedule of Events (Section 1.5.1) at the Texas Tech University Student Recreation Center located at 3219 Main Street, Lubbock, Texas, 79409 on the TTU campus. This site visit will include between two (2) to four (4) potential locations and may require some driving of personal vehicles on campus. The intent is for the site visit to last approximately two (2) hours from 1:30 PM CST to 3:30 PM CST. Directions to TTU are available at www.ttu.edu/campusmap/, and information about free and paid parking can be found at Visitors | Transportation & Parking Services | TTU Potential Proposers must email the Primary Contact (Section 1.2) to confirm attendance and the number of attendees NO LATER THAN 5:00 PM CST on Friday, July 5, 2024. This Onsite Visit/Walkthrough is not mandatory, but it is highly recommended that all potential Proposers attend.

1.5.3 Online Proposal Opening

A public Proposal Opening will be conducted via an online meeting at the date and time shown in the Section Schedule of Events (Section 1.5.1). At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

For convenience, Proposers may request a list of Proposals received by contacting the TTU Primary Contact after the opening. All submitted Proposals become the property of TTU after the RFP submission deadline and will not be returned.

In the event of a change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

1.6 Term of Award

The maximum term for an awarded Contract under this RFP is anticipated to begin on the date of the last signature and to expire four (4) years from that date. Unless terminated earlier pursuant to the Contract terms, the Contract would automatically renew for up to four (4) additional one (1) year renewal terms unless either party provided written notice of its intent not to renew the Contract at least sixty (60) days prior to the end of the initial or then-current renewal term. The parties may negotiate and mutually agree on an alternate term.

In accordance with Regents' Rule 07.12, any resulting Contract will require a termination without-cause provision of one hundred and eighty (180) days or less, or the Contract may not exceed five (5) years total term with renewals.

1.7 Historically Underutilized Business ("HUB") Firms

TTU endeavors to promote full and equal opportunity for businesses to supply TTU with Goods or Services necessary to support TTU's educational mission. In this regard, TTU commits to selecting Proposers in accordance with (i) TTU needs, (ii) TTU resources, (iii) TTU HUB goals, (iv) guidelines established by the Texas Legislature and Texas Procurement and Support Services ("TPASS"), and (v) TTU Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide TTU full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or TTU's HUB regulations may result in the rejection of any Proposal or immediate cancellation of any Contract.

TTU is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the TTU organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@ttu.edu.

http://www.ttu.edu/campusmap/ https://www.depts.ttu.edu/parking/InformationFor/Visitors.php http://www.depts.ttu.edu/opmanual/OP72.12.pdf https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php

Rev. February 1, 2022 Page 6 of 21

1.8 HUB Subcontracting Plan (“HSP”)

TTU has determined that there are subcontracting opportunities in the performance of the Scope of Work of this Solicitation, and/or any resulting Contract is anticipated to exceed $100,000.00 over its term, including all renewals and extensions. The Proposer must include a completed HSP, and any supporting documentation required per the HSP (e.g., proof of Good Faith Effort) with the Proposal submission. Proposers must submit a completed HSP regardless of the Proposer’s HUB Vendor status, the intent to subcontract, or the intent to self-perform.

If a properly submitted HSP contains minor deficiencies (e.g., failure to sign or date the HSP, failure to submit already-existing evidence that three HUBs were contacted), TTU may contact the Proposer for clarification to the HSP if it contains sufficient evidence that the Proposer developed and submitted the HSP in good faith. Failure to submit an HSP in accordance with this section will result in disqualification of the Proposal.

1.8.1 HSP Resources

i HSP preparation assistance: solicitations.purchasing@ttu.edu.

ii Fillable HSP form: http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf.

iii State of Texas Centralized Master Bidders List:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

1.8.2 TTU’s FY 2024 HUB Goals are:

i 7.15 % for heavy construction other than building contracts;

ii 16.86% for all building construction, including general contractors and operative builders' contracts;

iii 24.53% for all special trade construction contracts;

iv 13.16% for professional services contracts;

v 15.10% for all other services contracts; and vi 26.04% for commodities contracts

1.9 Right to Modify, Rescind, or Revoke the RFP

TTU reserves the right to modify, revoke, or cancel this RFP, in whole or in part, at any time before the date on which TTU executes a Contract with the selected Proposer(s).

1.10 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is legally authorized to bind the Proposer to the terms and conditions contained in this RFP and can ensure compliance with the submitted Proposal.

Each Proposer submitting a Proposal certifies to (a) the completeness and accuracy of the information provided in the Proposal and (b) the authority of the individual whose signature appears on the Affirmation and Conflict of Interest to bind the Proposer. Proposals submitted without the required signature will be disqualified.

1.11 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents’ Rules, and TTU Operating Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of TTU. TTU Operating Policies and Procedures may be accessed at http://www.depts.ttu.edu/opmanual/ and TTU System Regents’ Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. TTU System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

1.12 Compliance with RFP Requirements

http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php

Rev. February 1, 2022 Page 7 of 21

By submitting a Proposal and by signing the Affirmation and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, TTU’s General Terms and Conditions contained in the RFP, as well as the TTU Purchase Order terms and conditions, all of which will be incorporated into any Contract awarded by TTU. If the Proposer takes exception to any of the terms or cannot agree to be bound by all terms, TTU, at its sole discretion, may review and, if deemed in TTU’s best interest, disqualify the Proposal from consideration.

1.13 Right of Rejection

This RFP does not commit TTU to select a Proposer or to Award a Contract to any Proposer. TTU reserves the right to accept or reject, in whole or in part, any or all Proposals it receives pursuant to this RFP at any time during the RFP process and prior to a fully executed Contract.

A Proposal consisting of only alternate Goods or Services (i.e., a Proposal that offers Goods or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TTU and is subject to rejection. TTU shall reject a Proposal if the financial Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by TTU, at its option, regardless of the time of detection. TTU shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or Contract termination and may result in debarment of the Contractor from future TTU Solicitations.

TTU has the right to reissue this RFP in order to gain additional competitive Proposals. If TTU reissues this RFP, any Proposer who has submitted a Proposal, may elect to resubmit the original Proposal.

TTU reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

1.14 Binding Effect of Proposal

Unless otherwise agreed in writing signed by the Assistant Vice President/Chief Procurement Officer, or their designee, each Proposer agrees to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for Goods or Services. Proposals shall be valid for TTU’s acceptance for a minimum of two hundred and seventy (270) days from the submittal deadline date to allow time for evaluation, selection, Negotiations, and any unforeseen delays. Proposals, if accepted, shall remain valid for the duration of the Contract.

1.15 Use and Disclosure of Information

Proposers acknowledge that TTU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by TTU only for purposes related to or arising out of the (a) evaluation of Proposals, (b) selection of a Proposer or Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, TTU in its sole discretion may declare the Proposal non-responsive and reject it.

By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas Legislative Budget Board requirements.

TTU reserves the right to contact references or contact names listed below and shall be free from any liability to https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

Rev. February 1, 2022 Page 8 of 21

Proposer for conducting such inquiry.

1.16 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §51.9335, Education Code). Other institutions of higher education, local, county, and other quasi-governmental entities, independent school districts, and State of Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded Contract. The Proposer should also note that TTU may procure Goods or Services for itself or on behalf of any TTU System component institution. When submitting a Proposal in response to this RFP, the Proposer should consider proposing pricing and other commercial terms that take into account higher volumes and other expanded Best Value opportunities that could result from the eventual inclusion of TTUS, its other component institutions, and other institutions, governments, and State agencies in the Goods or Services requested in this RFP.

1.17 E-commerce

TTU utilizes the Jaggaer e-commerce platform to issue purchase orders and process invoices. The Proposer agrees to comply with any TTU requirements for participating in electronic commerce.

1.18 Withdrawal or Modification

No Proposal may be changed, amended, or modified after it has been submitted or filed in response to this Solicitation, except for obvious errors or as part of the Negotiation process approved in writing by the Assistant Vice President/Chief Procurement Officer. However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. Modifications will be allowed on the TechBid website until the deadline for Proposal submittals. No Proposal may be withdrawn after the submittal deadline without approval by TTU, which shall be based on Proposer’s submittal in writing of a reason acceptable to TTU.

1.19 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless TTU, its campus components, Board of Regents, officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to Procurement Services at TTU, as detailed in this RFP.

1.20 Digital Signature

Proposers must sign documents and correspondence using software approved by the TTU. To be approved by TTU, a signature software platform must: (1) be compliant with the ESIGN Act of 2000, and the Electronic Transaction Act (UETA), (2) must utilize signatory accounts that authenticate users by password, and (3) produce a timestamp for the digital signature. The following three are specifically approved: Adobe Sign, DocuSign, and Verisign. TTU utilizes Adobe Sign for its signature process. TTU will support other digital signature platforms as long as they comply with this policy.

1.21 Insurance Requirements

Consistent with its status as an independent contractor, Contractor will carry and cause its Subcontractors to obtain and maintain at least the following insurance, with companies authorized to do business in Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code.

TTU in no way warrants that these limits are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Scope of Work. The Contractor will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. The Contractor is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which TTU maintains.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm http://www.texas-statutes.com/insurance-code

Rev. February 1, 2022 Page 9 of 21

1.21.1 The Contractor agrees to furnish insurance certificates reflecting the following coverage:

Type of Coverage Limits of Liability Workers Compensation (Coverage A) Statutory Employer’s Liability (Coverage B) $1,000,000 Commercial General Liability, including products and completed operations

a. General Aggregate $2,000,000

b. Products/Completed Operations Aggregate $2,000,000

c. Each Occurrence Limit $1,000,000

d. Personal Advertising Injury $1,000,000

e. Damage to Rented Premises $50,000

f. Medical Payments (any one person) $5,000

Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles) Bodily Injury/Property Damage (each accident) $1,000,000

Personal Injury Protection Statutory

NOTE: An umbrella policy may be used to reach required limits.

1.21.2 Commercial General Liability (“CGL”) must include coverage for liability arising from Goods or Services-completed operations and liability assumed under an insured Contract.

i If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Contract, and the limit must be twice the minimum required occurrence limit.

ii Contractor will name TTU, and its Board of Regents, officers, employees, agents, and volunteers as Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.

iii The CGL policy shall contain no endorsements or modifications limiting the scope of coverage for liability assumed under the Contract, or liability arising from pollution.

1.21.3 Additional Insured, Subrogation

All policies must include a waiver of subrogation favoring TTU. With the exception of the Workers' Compensation policy, TTU must be an additional insured on all policies.

1.21.4 Certificates of Coverage

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, or upon renewal of the policies, Contractor shall furnish Procurement Services with certificates of insurance in a form acceptable to TTU, certifying that the Contractor carries the required insurance policies and coverage. The certificates shall be sent to Procurement Services at procurement.insurance@ttu.edu. Failure of TTU to request such certificates does not eliminate the requirement for the Contractor to maintain the required coverage.

1.21.5 Notification of Cancellation

The Contractor will endeavor to notify Procurement Services thirty (30) days before any material change or cancellation of any insurance policy. In the event the Contractor receives notice of modification or cancellation of any of the policies required under any Contract, then prior to the effective date of modification or cancellation of the policy, the Contractor will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TTU. If the Contractor fails to obtain such an insurance policy, TTU may immediately terminate the Contract after providing the Contractor with notice of such termination.

mailto:procurement.insurance@ttu.edu

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SECTION 2

SCOPE OF WORK

2.1 Background

TTU has an approximate population of 41,000+ students with 7,000+ of those students residing in TTU’s residence halls. The Department of Hospitality Services (“Hospitality Services”) operates and/or provides food service to the following: one (1) traditional residence hall, two (2) residence hall food courts, six (6) mini-market/multi-concept operations, four (4) kiosks in various locations across campus, one (1) food court in the Student Union Building, eight

(8) franchised operations across campus, and on-campus catering at various on- and off-campus sites. Hospitality Services produces approximately 3,500,000 meals throughout the academic year. The conversion from a traditional “all-you-care-to-eat” dining operation to a retail-based operation demonstrates the continued desire to progress and stay current with changing trends when planning future dining options for the entire TTU population.

The successful Proposer must complete the Scope of Work Response in the Proposer’s Response Form that includes how their product can be packaged and subsequently sold not only in a food court or mini-market style but also as an “express,” “Grab-and-Go,” or “kiosk” fashioned service. The type and/or style of service will be determined by the location. Changes to the building structure, colors, building systems, or finishes can be considered but must be approved by TTU. Proposers requiring proprietary/specialized food equipment specific to the production of food products must submit specification sheets of the equipment for review and consideration. All specialized equipment with cut sheets must be included in the Proposer’s Proposal for consideration. All last-minute equipment power requirement changes for equipment will be paid for by the Proposer.

Hospitality Services utilizes the Transact point-of-sale system and the Transact Campus Transaction System to access the students’ “Dining Bucks.” This system offers a wide variety of reports and information opportunities. Within the Proposal, it is required that the Proposer specify all reports or financial information required. Due to some limitations with Transact and Crunchtime, not all financial information requested may be available or offered. All requested information must be mutually agreed upon in writing, and the successful Proposer should not assume all information is obtainable. Each Hospitality Services location offers a discount for meal plan holders. The amount of the discount varies per location and type of meal plan.

2.1.1 All locations accept Dining Bucks (in-house plan), Commuter, Faculty/Staff Plans (in-house plan for non-residents), and credit cards (Visa, Mastercard, American Express, and Discover). The operational hours for all locations vary from concept to concept, but eating options are typically available between the hours of 6:00 am and 12:00 am (midnight). Operating hours are determined by factors such as physical location, seasonal requirements, facility hours and requirements, and the needs of the campus.

2.1.2 The bulk of all sales occur from August 15th through May 15th of each year, with TTU being closed over the Thanksgiving, Christmas, and Spring Break holidays. Very limited operations are open over Spring Break and in between semesters. During the summer months, the volume of traffic is much lower, and summer operations are sized down to fit/meet summer school, Red Raider Orientation, and on-site conference requirements.

2.1.3 As part of the TTU System, all health, sanitation, and safety inspections are performed by the TTU Environmental Health & Safety department. There are no off-campus inspections by the city/county Health Departments.

2.1.4 Coca-Cola Southwest Beverages LLC has an exclusive agreement with TTU. Only Coca-Cola drink products can be sold and distributed on the TTU campus and must be served in Coca-Cola branded cups. All prospective food outlets will be required to follow this existing contract. This contract is currently in effect until 8/31/2031. All Coca-Cola products are in a general/central location of the store. Due to the contract with Coca-Cola, beverages will not be part of this RFP.

2.1.5 All Hospitality Services locations utilize Crunchtime and Transact technology support systems. Hospitality Services prefers to utilize FTP invoicing through Crunchtime. All point-of-sale areas are restricted to the abilities of Transact within the TTU network. All Inventory and receipt tracking/linking will be completed by Hospitality Services within the Crunchtime system, with all proprietary information being kept confidential.

https://www.depts.ttu.edu/ehs/ https://www.depts.ttu.edu/ehs/

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All point-of-sale units are Transact. Any reporting, hardware, or receipt configurations will be limited to Transact capabilities, working within a TTU network environment. All special requests must be mutually agreed upon in writing.

2.1.6 All equipment (including proprietary) must be serviceable and repairable by in-house or local (within Lubbock City limits) repair technicians. Repair service requests must be responded to within four (4) hours.

Proposers are to pay particular attention to this as it pertains to travel time, travel costs, and loss of sales due to non-functioning equipment.

2.1.7 As the population becomes aware of healthy living choices, Hospitality Services has begun utilizing more healthy food options and products within its operations. Any healthy living options or products used and/or programs offered should be specified in the Proposer’s Proposal.

2.1.8 Hospitality Services strives to implement policies and procedures to reduce TTU’s carbon footprint and increase awareness regarding the importance of sustainable practices. TTU expects that all Proposers are mindful of sustainability and provide TTU with information on their sustainability practices.

2.2 Concept Desired at this Time

2.2.1 Menu items should include varying kinds of fresh juices, smoothies, fruit- or vegetable-based beverages, pre-

/post-recovery smoothies, snacks, meals, etc. All items should be prepared on site. Menu items must be suitable for a kiosk, express unit, or a service-cart type of environment.

2.2.2 Other similar concept ideas may be considered.

2.2.3 The successful Proposer must provide several products within the scope of their entire menu line that are easily marketed/sold in a free-standing kiosk or ready-built service cart environment.

2.2.4 It is the intent of TTU to use a brand that has a proven history of successfully operating in a university/mall-type environment as well as recreational areas and fitness facilities. The selected brand(s) must allow Hospitality Services to continue expanding its product variety and brand availability to the students, faculty, and staff based on current location availability and existing or planned concepts, renovations, and/or options.

It is the desire of Hospitality Services to provide variety and a balance of choices while at the same time not saturating any segment area with too many similar concepts. All locations must maintain clear brand recognition while associated with Hospitality Services. This should be accomplished through menu upgrades/changes, marketing, and brand recognition promotions.

2.2.5 TTU is seeking license agreements with royalty percentages (if applicable) for the use of national brands and/or manufacturer brands. Hospitality Services will operate all outlets and will not consider space leases or joint responsibility for any operation. Hospitality Services will solely operate (under the Guides of the license) all operations.

2.2.6 Hospitality Services utilizes US Foods Lubbock as a prime proposer for NO LESS THAN 80% of the products brought on campus. It is preferred that the successful Proposer use this distribution source if possible.

2.2.7 TTU realizes that it must maintain the integrity and credentials of the name, logo, and reputation of the branded concept in that it will use products and recipes and meet other requirements as specified by the National or Manufacturer Corporation. Hospitality Services also seeks the release of any logos/trademarks for advertising and promoting purposes.

2.2.8 The successful Proposer must have a program that is recognizable by TTU’s customers, and the respective products must be very acceptable to our customers. TTU desires national or regional brands with regional and/or national presence. A list of universities where these regional concepts are located or are under negotiation to be located is required as part of the Proposal.

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2.2.9 The successful Proposer must also understand that all decisions are solely that of Hospitality Services, and any and all agreements are subject to the approval of TTU.

2.2.10 TTU reserves the right to use multiple concepts from various proposers of the same product line across campus. One Proposer does not hold exclusive rights to all Hospitality Services locations. Each concept will be located and utilized based on the needs of Hospitality Services and TTU. Criteria used when deciding the location of each concept will be customer satisfaction/requests, discounts available at that location, surrounding area competition, etc. The deciding factor will, in no way, be limited to these criteria;

this is just an example of some of the criteria that will be considered.

2.2.11 TTU is interested in the possibility of utilizing online ordering to allow customers to pre-place orders and pick up orders at a desired location. This process must utilize the same Transact transaction system currently being utilized by Hospitality Services.

2.3 Concept Proposal Requirements

2.3.1 Proven expertise in providing resources to meet the requirements of the project.

2.3.2 Proposer must provide information on all the proposed concept’s menu items and include a brief description of each detailing the ingredients required to make each item.

i. Items proposed must be suitable for an express, “Grab-and-Go,” or kiosk environment. Other similar concept ideas may be included in the Proposal.

ii. Proposal shall include menu/format samples with proposed retail pricing.

iii. Proposal shall include concept illustrations and drawings.

2.3.3 Required Equipment and Supplies

The Proposal shall include a list of products, equipment, furnishings, and supplies that TTU would be required to purchase from the Proposer or Proposer’s supplier and the costs of each in its Proposal.

2.3.4 Delivery and Ordering Process

Describe any requirements for TTU related to participation and utilization of your concept, including but not limited to mandatory food distributors, delivery, and purchase of consumable supplies.

i. Describe the ordering process and address order minimums, delivery charges, and fuel surcharges that will apply.

ii. Identify how much time is needed between order placement and delivery.

iii. Identify the days per week that items will be delivered and the days TTU could expect deliveries.

2.3.5 Marketing, Branding, and Signage

The Proposal shall address marketing assistance, required branding, and signage for the proposed concept, including but not limited to the following:

i. Describe any proposed marketing plans for the location in its proposal.

ii. Describe in detail the signage that will be placed at the concept and includes any mounting or electrical requirements for the signage, as well as the size of the signage and drawings of the signage.

Rev. February 1, 2022 Page 13 of 21

iii. Describe the signage refreshment plan, if applicable, and signage replacement requirements.

iv. Proposal must indicate if there are items such as signage that would be provided at no cost to TTU.

2.3.6 Licensing Agreement

Proposer shall include a sample licensing agreement that includes all terms and conditions that the Proposer expects to be included in any agreement resulting from this solicitation.

2.3.7 Annual Business Plan

Proposers shall propose an annual business plan with targeted growth, annual sales, customer counts, and cost management benchmarks.

i. Describe proposed financial and service benchmarks for TTU to use to evaluate performance.

ii. Describe the financial and program reporting process and the frequency these reports will be provided to

TTU.

iii. Describe the details of training programs offered or required as part of the Contract.

2.3.8 Performance Metrics

Proposers shall provide a list of the performance indicators used to evaluate the performance of a food Contract.

i. Describe how your organization uses this information and the levels of management that receive the information.

ii. Provide a list of performance indicators that will be provided to TTU and the proposed frequency for providing these reports.

iii. Describe how goals are established and success measured.

2.3.9 Sustainability

Describe your ability and willingness to participate in campus-wide based education efforts to promote awareness and understanding of sustainability as it relates to your proposed concept.

i. Include any distinguishing service characteristics of your company’s green/sustainability program and policies.

ii. Describe any proposed plans to minimize waste.

iii. Identify any plans to foster campus recycling.

2.3.10 Healthy Dining Options

Proposers shall describe their healthy dining options and their approach to educate and promote these options.

i. Describe the measure of acceptance and satisfaction for healthy option foods and how you incorporate them into your menu.

ii. Describe your company policy on the use of genetically modified organism (GMO) foods and additives.

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2.3.11 Allergens and Dietary Restrictions

Proposers shall describe their policy on allergens and dietary restrictions.

i. Describe how your company addresses the protection of customers from allergens such as gluten, peanuts, and other food allergens.

ii. Describe how food is labeled and how your company prevents cross-contamination.

iii. Provide examples that demonstrate how you will provide a menu to meet the needs of people with allergens and dietary restrictions.

2.4 Franchise Fees and Payments

2.4.1 Royalty Fee

i. TTU shall pay a royalty fee based on concept net revenue after all discounts and taxes.

A. Monthly royalties shall be paid as a percentage of sales;

B. TTU’s preference is royalty fees based on net sales (i.e., gross sales minus tax, minus student meal plan discount);

C. There shall not be a minimum monthly royalty fee. Royalty fees are paid strictly as a percentage of sales.

ii. TTU will pay royalties monthly.

2.4.2 Other Fees

i. Marketing fees;

ii. Design and development fees;

iii. Training fees; and

iv. Provide a detailed breakdown and description of other fees for products, supplies, and services not specifically addressed above.

2.4.3 TTU will not be obligated to compensate for any amounts that are not provided in the schedule or not included in the fully executed Contract.

2.5 Scholarship Program

2.5.1 The Proposer(s) may also propose a revenue-sharing program in their Proposal. TTU is open to any revenue share options, such as annual student scholarships or sponsorships.

2.6 Invoicing and Payment

2.6.1 Proposer(s) shall submit invoices by electronic means to TTU Payment Strategies (payment.services@ttu.edu) and provide support for allocation of premium to the components as may be required.

2.6.2 Invoices will be paid net thirty (30) days in compliance with Texas laws. All invoices must reference a valid TTU Purchase Order, or the invoice will be returned as non-compliant. No commitment for Goods or Services is valid without a TTU Purchase Order.

2.6.3 Proposer(s) may submit a Proposal for a prompt payment discount.

mailto:payment.services@ttu.edu

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2.6.4 TTU has established the following payment schedule for invoices based upon the payment option chosen by the Proposer:

i. Automated Clearing House (“ACH”) transaction

ii. Single-Use Account (“SUA”) card (JP Morgan)

* If TTU is making payment on funds appropriated by the State of Texas, the payment term is net thirty

(30) as required by law. TTU will submit an electronic check remittance to the email address on record for all ACH and SUA payments.

2.7 Alternate Proposals

TTU may consider alternate Proposals submitted by Proposer that expand or differ from these specifications.

Proposers submitting alternate Proposals should (i) clearly identify any exceptions taken to the Specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. The Proposer may suggest additions to the specifications set forth in this RFP, and all such suggestions must be clearly defined. Alternate Proposals should be submitted as attachments to the Proposal. Alternate Proposals shall meet the same mandatory requirements and shall be in the same format as the Proposal’s base format.

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SECTION 3

EVALUATION AND AWARD PROCESS

3.1 Evaluation Process

TTU will utilize a Contract Review Team (“CRT”) for the evaluation of this RFP. The Contract will be awarded based on the Proposal judged to be in the best interest of TTU, and the judgment in this regard shall be considered final.

Any Contract resulting from this Solicitation shall be awarded to the Proposer providing the Best Value to TTU.

Under §51.9335 of the Texas Education Code in determining what is the Best Value, TTU may consider:

3.1.1 The purchase price;

3.1.2 The reputation of the Contractor and of the Contractor’s Goods or Services;

3.1.3 The quality of the Contractor’s Goods or Services;

3.1.4 The extent to which the Goods or Services meet the TTU’s needs;

3.1.5 The Contractor’s past relationship with TTU;

3.1.6 The impact on the ability of TTU to comply with laws and rules relating to Historically Underutilized

Businesses and to the Procurement of Goods or Services from Persons with disabilities;

3.1.7 The total long-term cost to the institution of acquiring the Contractor’s Goods or Services;

3.1.8 Any other relevant factor that a private business entity would consider in selecting a Contractor; and

3.1.9 The use of material in construction or repair to real property that is not proprietary to a single vendor unless

TTU provides written justification in the request for bids for use of the unique material specified.

3.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a Proposal indicates Proposer’s acceptance of the evaluation method and Proposer’s recognition that some subjective judgments must be made by TTU during the awarding of evaluation criteria points.

3.3 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet TTU’s requirements and provide the Best Value to TTU. The Proposal shall be awarded points to each of the following evaluation criteria.

The evaluation will be based on the following:

Evaluation Criteria Points Allowed

Criteria 1: Financial Value - Financial costs and/or benefits to the University

• Cost of Goods and/or Services

• Cost of ongoing maintenance, service agreements, licenses, or support

• Warranties

• Shipping/delivery/import costs

• Installation costs and/or implementation fees

• Donated Goods and Services

• Sponsorships/scholarships/non-monetary contributions contributed by the proposer

• Other financial consideration

40%

Criteria 2: Demonstrated ability of the Proposer to fulfill the TTUS’ requirements in accordance with the specifications

• Proposer’s demonstrated professional experience

• Experience with institutions of higher education or similar-sized organizations

• Administrative support and service

• Reporting capabilities

35%

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• Compliance with IT requirements include accessibility, security, integration, and TxRamp requirements.

• Project Schedules/estimated time to perform services or installation time

• Quality, availability, and adaptability or Proposer’s supplies, materials, and equipment

• Stability and success of the Proposer’s business including but not limited to:

o Qualifications of key personnel (based on resumes and experience provided) o Past performance on similar projects (based on references and publicly available information) o Length of time the business has been operational o Demonstrated capability and financial resources to perform the services or provide the goods in the time projected o Pending or past legal proceedings

Criteria 3: Value Added Options

• Ability to provide innovative ideas/resources for TTUS process improvement

• Minimization of TTUS resource use

15%

Criteria 4: Quality assurance plan and control measures implemented and maintained by the Contractor

• Methodology for performing services and project planning

• Customer Service Program

• Ability to comply with Texas laws

10%

TOTAL 100%

3.4 Scoring Methodology

Each CRT Voting Member will evaluate the Proposal utilizing the Evaluation Criteria identified in Section 3.3 and will assign each criterion a subjective score of 0-10, with 10 being the highest. This score is multiplied against the criterion’s weight which will produce a weighted value for the item. The weighted values for all criteria will be summed and then ranked to determine a high to low Proposer ranking. The ranking may be used in determining an initial pool of Proposers that will be invited for presentations or may be used in a final award determination for one or more Proposers.

3.5 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the Proposal information to TTU.

3.6 Oral Presentations and Interviews

Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations. Oral presentations and interviews are an option of the Contract Review Team and may or may not be conducted; therefore, Proposals must be complete when submitted.

3.7 Award Process

During the Proposal Opening, Proposals will be acknowledged publicly to identify the names of the Proposers but will be afforded security sufficient to preclude disclosure of the contents of the Proposal, including prices or other information, prior to award. After the Proposal Opening, an Award may be made on the basis of the Proposals initially submitted, without discussion, clarification, or modification, or on the basis of Negotiation with any of the Proposers or, at TTU’s

Rev. February 1, 2022 Page 18 of 21 sole option and discretion, TTU may discuss or negotiate all elements of the Proposal with selected Proposers representing a competitive range. For Negotiation purposes, a competitive range of acceptable Proposals may be established, comprising the highest-rated Proposals based on the evaluation criteria.

3.8 Best and Final Offer

When deemed appropriate by the Contract Review Team, after…