ESBD_File_342830_POURING RIGHTS-2024.pdf

Template v. 5.2.2022

REQUEST FOR PROPOSAL

PROCUREMENT AND BUSINESS SERVICES

P. O. Box 13030

NACOGDOCHES, TX 75962

RFP NUMBER

POURING RIGHTS – 2024

RESPONSES MUST BE RECEIVED BEFORE:

5:00PM CST, TUESDAY, DECEMBER 19, 2023

MAIL RESPONSE TO: HAND DELIVER AND/OR EXPRESS MAIL TO:

Stephen F. Austin State University Procurement and Business Services

P. O. Box 13030, SFA Station Nacogdoches, TX 75962-3030

Stephen F. Austin State University Procurement and Business Services

2102 Alumni Drive, Room 131 Nacogdoches, TX 75962-3030

Show RFP Number, Due Date and Time on Return Envelope

NOTE: RESPONSE must be time stamped at Stephen F. Austin State University Procurement and Business Services before the hour and date specified.

REFER INQUIRIES TO:

Kim Jones Stephen F. Austin State University

Procurement and Business Services 936.468.6551 email: joneskk2@sfasu.edu mailto:joneskk2@sfasu.edu

TABLE OF CONTENTS

SECTION 1: INTRODUCTION…………

SECTION 2: NOTICE TO PROPOSER

SECTION 3: SUBMISSION OF PROPOSAL

SECTION 4: TERMS AND CONDITIONS

SECTION 5: SPECIFICATIONS AND ADDITIONAL QUESTIONS

SECTION 6: PRICING AND DELIVERY SCHEDULE

Attachments:

APPENDIX ONE: PROPOSAL REQUIREMENTS

APPENDIX TWO: SAMPLE AGREEMENT

SCHEDULE 1 - BEVERAGE VENDING AND POURING RIGHTS AGREEMENT

SCHEDULE 2 - SPONSORSHIP RIGHTS AGREEMENT

APPENDIX THREE: HUB SUBCONTRACTING PLAN

APPENDIX FOUR: BEVERAGE MACHINE LOCATIONS AND CAMPUS MAP

APPENDIX FIVE: CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

APPENDIX SIX: PERFORMANCE BOND

APPENDIX SEVEN: ACCESS BY INDIVIDUALS WITH DISABILITIES

SECTION 1

INTRODUCTION

1.1 Description of University

Stephen F. Austin State University, the newest member of The University of Texas System, began a century ago as a teachers’ college in Texas’ oldest town, Nacogdoches. Today, it has grown into a regional institution comprising six colleges — business, education, fine arts, forestry and agriculture, liberal and applied arts, and sciences and mathematics. Accredited by the Southern Association of Colleges and Schools, SFA enrolls approximately 11,000 students while providing the academic breadth of a state university with the personalized attention of a private school. The main campus encompasses 421 acres that include 36 academic facilities, nine residence halls, and 68 acres of recreational trails that wind through its six gardens. The university offers more than 80 bachelor’s degrees, more than 40 master’s degrees and four doctoral degrees covering more than 120 areas of study. Learn more at sfasu.edu

1.2 Background and Special Circumstances

The university is seeking a qualified vendor, hereafter referred to as “Company,” to provide pouring rights services for the entire University including, dining halls, Athletics and related sports venues

1.3 Objective of Request for Proposal

The University is soliciting proposals in response to this Request for Proposal for Selection of a Vendor to Provide Beverage Services and Supply Beverages for Dining and Concessions with Certain Exclusive Pouring and Sponsorship Rights from qualified and experienced vendors to provide beverage fountain machines and the necessary beverage services (collectively, “Services”) with certain exclusive pouring rights and sponsorship opportunities.

The Services, which are more specifically described in Section 5.3 (Scope of Work) of this RFP, include provision of beverages, dispensing equipment and related supplies for dining and concession operations on Campus operated by university and third-party concessionaires (“University Concessionaires”). In exchange for monetary and non-monetary consideration, the Contractor (if any) (Ref. Section 2.3) selected by university in accordance with the requirements and specifications set forth in this RFP, will be granted certain exclusive rights to have Contractor’s products be the only beverages sold, served, or offered for sale on the Campus by University and/or any of University’s Concessionaires, except as otherwise provided by the Agreement. The Office of Procurement and Business Services, on behalf of the University desires to obtain written proposals from companies who wish to obtain Exclusive Soft Drink Pouring Rights for certain related Sponsorship Opportunities for the University campus facilities for the contract period specified herein. In general, and in addition to other needs specified herein, Proposer is requested to submit a Proposal as described in this Request for Proposal (RFP). In return for the specified Exclusive soft drink pouring rights and certain Related Sponsorship Opportunities offered to the Proposer, the Proposer shall provide the University equipment, services, fees and pricing guarantees. Pursuant to the terms of the contract and subject to the exclusions, no competitive products or related items including, but not limited to premium items, shall be made available, sampled, advertised and /or promoted at university (subject to exclusions).

The University’s general goal is to improve beverage service and increase net revenues by maximizing the availability of product, offering marketing and sales opportunities, and developing strategies that benefit the University and the beverage provider. Ultimately, we will create a relationship based upon a shared understanding of these mutual benefits emphasizing active and open communication, and most effectively applying the resources and expertise of each party. Each Proposer may also include in their Proposal any other items, such as programs, innovations, or resources that it believes would benefit the University. The University shall only consider Proposals from financially responsible firms presently engaged in the business of manufacturing, distributing or selling, or licensing the right to manufacture, distribute or sell Soft Drink Beverages available on a nationwide basis and providing support services in conjunction therewith. Information submitted by each proposer will determine which Proposal will best serve the University. Failure of successful Proposer to accept any items of its Proposal as part of the Contract may result in cancellation of the award.”

1.4 Type of Agreement

The Contractor will be required to enter into an agreement with university as further described in Section 4, and in a form substantially similar to the Beverage Vending and Pouring Rights Agreement (the “Beverage Vending and Pouring Rights Agreement”) attached to this RFP as Schedule 1 of Appendix Two and incorporated for all purposes.

As part of this RFP, the Contractor and University will enter in to an agreement for sponsorship rights at specified facilities on Campus, in addition to the Beverage Vending and Pouring Rights Agreement, Contractor will also be required to enter into a separate agreement with University as further described in Section 4, and in a form substantially similar to the Sponsorship Rights Agreement (the “Sponsorship Rights Agreement”) attached to this RFP as Schedule 2 of Appendix Two and incorporated for all purposes.

The Beverage Vending and Pouring Rights Agreement and the Sponsorship Rights Agreement are sometimes collectively referred to as the “Agreement.”

1.4 Term of the Agreement

The initial term of the resulting Agreement will be for five (5) years, and thereafter the University shall have the right, at its option, to renew the Agreement for another five (5) years assuming mutually agreeable terms and pricing.

1.4.1 The resulting agreement will be considered an exclusive agreement between the University and the awarded Contractor based on the evaluation of this RFP.

The Sponsorship Rights Agreement and the Beverage Vending and Pouring Rights Agreement will expire on the same date with the same option to extend

1.5 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, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this RFP. In particular, Proposer should note that University is part of The University of Texas System (UT System), which is comprised of fourteen institutions described at http://www.utsystem.edu/institutions. UT System institutions routinely evaluate whether a contract resulting from a procurement conducted by one of the institutions might be suitable for use by another, and if so, this RFP could give rise to additional purchase volumes. As a result, in submitting its proposal, Proposer should consider proposing a pricing model and other commercial terms that take into account the higher volumes and other expanded opportunities that could result from the eventual inclusion of other institutions in the purchase contemplated by this RFP. Any purchases made by other institutions based on this RFP will be the sole responsibility of those institutions.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.61.htm#61.003 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.9335 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.73.htm#73.115 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.74.htm#74.008 http://www.utsystem.edu/institutions

SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

University will accept proposals until 5:00 p.m. Central Time, on Tuesday, December 19, 2023 (Submittal Deadline).

2.2 RFP Contact Information and Questions

Interested parties may direct questions about this RFP to:

Contact: Kim Jones Title: Assistant Director of Procurement

Phone: 936.468.6551 Email to: joneskk2@sfasu.edu Subject Line: RFP #POURING RIGHTS-2024

University instructs interested parties to restrict all contact and questions regarding this RFP to written communications delivered (i) in accordance with this Section on or before 5:00p.m. Central Time Friday, December 07, 2023 (Question Deadline), or (ii) if questions relate to Historically Underutilized Businesses, in accordance with Section 2.5.

University will provide responses as soon as practicable following the Question Deadline. University intends to respond to all timely submitted questions. However, University reserves the right to decline to respond to any question.

University will evaluate all proposals and select Finalists between December 20, 2023 – January 12, 2024.

Finalists will be notified and invited to present to the evaluation committee on January 18, 2024 or January 19, 2024. (Time, location and details of presentation to be provided at the time of Finalists notification.)

Notification of award expected as early as January 26, 2024. Following notification of award will be contract finalization with expected start date on or before June 1, 2024.

2.3 Criteria for Selection

The successful Proposer, if any, selected by University through this RFP will be the Proposer that submits a proposal on or before the Submittal Deadline that is the most advantageous to university. Contractor means the successful Proposer under this RFP.

Proposer is encouraged to propose terms and conditions offering the maximum benefit to university in terms of (1) service, (2) total overall cost, and (3) project management expertise.

The evaluation of proposals and the selection of Contractor will be based on the information provided in the proposal. University may consider additional information if University determines the information is relevant.

Criteria to be considered by university in evaluating proposals and selecting Contractor, will be these factors:

2.3.1 Threshold Criteria Not Scored

2.3.1.1 Ability of University to comply with laws regarding Historically Underutilized Businesses; and

2.3.1.2 Ability of University to comply with laws regarding purchases from persons with disabilities.

2.3.2 Scored Criteria

2.3.2.1 Financial Package 40%

2.3.2.2 Quality of the Proposer’s goods or services 20%

2.3.2.3 Extent to which the goods or services meet the University’s needs 20%

2.3.2.4 Reputation of the Proposer and of the Proposer’s goods or services 10%

2.3.2.5 Proposer’s past relationship with University 5%

mailto:joneskk2@sfasu.edu

2.3.2.6 Proposer’s exceptions to the terms and conditions set forth in Section 4 of this RFP 5%

2.4 Key Events Schedule

Date RFP Issued November 17, 2023

Pre-Proposal Conference November 30, 2023, 1:00 pm (CST) (Ref. Section 2.6)

Question Deadline December 7, 2023, 5:00 pm (CST) (Ref. Section 2.2)

Submittal Deadline December 19, 2023, 5:00 pm (CST)

(Ref. Section 2.1)

Presentations January 18 & 19, 2024. TBD (CST) (Ref. Section 2.2)

Notification of Award On or around January 26, 2024 (Ref. Section 2.2)

Start Date On or around June 1, 2024 (Ref. Section 2.2)

2.5 Historically Underutilized Businesses

2.5.1 All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (HUBs) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this RFP, Contractor subcontracts any Work, then Contractor must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Proposals that fail to comply with the requirements contained in this Section 2.5 will constitute a material failure to comply with advertised specifications and will be rejected by university as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this RFP. Proposer acknowledges that, if selected by university, its obligation to make a good faith effort to utilize HUBs when subcontracting any Work will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of Work by the Proposer is subject to review by university to ensure compliance with the HUB program.

2.5.2 University has reviewed this RFP in accordance with 34 TAC §20.285, and has determined that subcontracting opportunities are probable under this RFP.

2.5.3 A HUB Subcontracting Plan (HSP) is a required part of the proposal. The HSP will be developed and administered in accordance with University’s Policy on Utilization of Historically Underutilized Businesses, attached as APPENDIX THREE.

Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP, including APPENDIX THREE. Proposers that fail to submit the HSP will be considered non-responsive to this RFP as required by §2161.252, Government Code.

Questions regarding the HSP may be directed to:

Contact: Lacey Bradshaw Title: HUB Coordinator Phone: 936.468.4412 Email: Lacey.Bradshaw@sfasu.edu

Contractor will not be permitted to change its HSP unless: (1) Contractor completes a new HSP in accordance with the terms of APPENDIX THREE, setting forth all modifications requested by Contractor, http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2161.htm#2161.252 mailto:Lacey.Bradshaw@sfasu.edu

(2) Contractor provides the modified HSP to University, (3) University approves the modified HSP in writing, and (4) all agreements resulting from this RFP are amended in writing to conform to the modified HSP.

2.5.4 At the same time Proposer submits its proposal (no later than the Submittal Deadline (Ref. Section 2.1)), Proposer must submit the following HUB materials (HUB Materials):

(a) One (1) complete electronic copy of Proposer’s HSP in a single .pdf file on a USB drive.

Proposer’s HUB Materials must be submitted (as instructed in Section 3.2) as a separate attachment titled HSP

Any proposal submitted in response to this RFP that is not accompanied by a separate HSP attachment meeting the above requirements may be rejected by university and returned to Proposer unopened as non-responsive due to material failure to comply with advertised specifications.

University will open Proposer’s HSP prior to opening the proposal to confirm Proposer submitted the HSP.

Proposer’s failure to submit the HSP will result in University’s rejection of the proposal as non-responsive due to material failure to comply with advertised specifications.

NOTE: The requirement that Proposer provide the HSP under this Section 2.5.4 is separate from and does not affect Proposer’s obligation to provide University with the electronic copies of its proposal specified in Section 3.1.

2.5.5 University may offer Proposer an opportunity to seek informal review of its draft HSP by University’s HUB

Office before the Submittal Deadline. If University extends this offer, details will be provided at the Pre- Proposal Conference (Ref. Section 2.6) or by other means. Informal review is designed to help address questions Proposer may have about how to complete its HSP properly. Concurrence or comment on Proposer’s draft HSP by University will not constitute formal approval of the HSP, and will not eliminate the need for Proposer to submit its final HSP to University as instructed by Section 2.5.

2.6 Pre-Proposal Conference

University will hold a pre-proposal conference at 1:00 p.m., Central Time on November 30, 2023, in Room 1.301 of The Baker Pattillo Student Center located on campus. (Ref. APPENDIX FOUR – Campus Map). The pre-proposal conference will allow all Proposers an opportunity to ask University’s representatives relevant questions and clarify provisions of this RFP.

SECTION 3

SUBMISSION OF PROPOSAL

3.1 Number of Copies

Proposer must submit (a) one (1) complete electronic copy of its entire proposal, in a single .pdf file on USB drive.

An original signature by an authorized officer of Proposer must appear on the Execution of Offer (Ref. Section 2 of APPENDIX ONE) of the submitted electronic copy of the proposal.

3.2 Submission

Proposals must be received by university on or before the Submittal Deadline. (Ref. Section 2.1) and delivered to:

Stephen F Austin State University Procurement and Business Services 2102 Alumni Drive Room 131 P.O Box 13030, SFA Station Nacogdoches, TX 75962-3030

RFP #POURING RIGHTS-2024

3.3 Proposal Validity Period

Each proposal must state that it will remain valid for University’s acceptance for a minimum of ninety (90) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

3.4 Terms and Conditions

3.4.1 Proposer must comply with the requirements and specifications contained in this RFP, including the Agreement (Ref. APPENDIX TWO), the Notice to Proposer (Ref. Section 2), Proposal Requirements (Ref.

APPENDIX ONE) and the Specifications and Additional Questions (Ref. Section 5). If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity of services will prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

3.4.1.1 Specifications and Additional Questions (Ref. Section 5);

3.4.1.2 Sample Agreement (Ref. APPENDIX TWO);

3.4.1.3 Proposal Requirements (Ref. APPENDIX ONE);

3.4.1.4 Notice to Proposers (Ref. Section 2).

3.5 Submittal Checklist

Proposer is instructed to complete, sign, and return the following documents as a part of its proposal. If Proposer fails to return each of the following items with its proposal, then University may reject the proposal:

3.5.1 Signed and Completed Execution of Offer (Ref. Section 2 of APPENDIX ONE)

3.5.2 Signed and Completed Pricing and Delivery Schedule (Ref. Section 6)

3.5.3 Responses to Proposer's General Questionnaire (Ref. Section 3 of APPENDIX ONE)

3.5.4 Signed and Completed Addenda Checklist (Ref. Section 4 of APPENDIX ONE)

3.5.5 Responses to questions and requests for information in the Specifications and Additional Questions Section

(Ref. Section 5)

3.5.6 Signed and completed originals of the HUB Subcontracting Plan or other applicable documents (Ref.

Section 2.5 and APPENDIX THREE).

SECTION 4

GENERAL TERMS AND CONDITIONS

The terms and conditions contained in the attached Agreement (Ref. APPENDIX TWO) or, in the sole discretion of university, terms and conditions substantially similar to those contained in the Agreement, will constitute and govern any agreement that results from this RFP. If Proposer takes exception to any terms or conditions set forth in the Agreement, Proposer will submit a list of the exceptions as part of its proposal in accordance with Section 5.3.1. Proposer’s exceptions will be reviewed by University and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then University may consider Proposer’s exceptions when University evaluates the Proposer’s proposal.

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SECTION 5

SPECIFICATIONS AND ADDITIONAL QUESTIONS

5.1 General

Minimum requirements and specifications for Work, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. As indicated in Section 2.3, Contractor means the successful Proposer.

5.2 Additional Questions Specific to this RFP

Proposer must submit the following information as part of Proposer’s proposal:

5.2.1 If Proposer takes exception to any terms or conditions set forth in APPENDIX TWO, Proposer must submit a list of the exceptions.

5.2.2 By signing the Execution of Offer (Ref. Section 2 of APPENDIX ONE), Proposer agrees to comply with

Certificate of Interested Parties laws (Ref. §2252.908, Government Code) and 1 TAC §§46.1 through 46.5) as implemented by the Texas Ethics Commission (TEC), including, among other things, providing TEC and University with information required on the form promulgated by TEC and set forth in APPENDIX FIVE.

Proposer may learn more about these disclosure requirements, including applicable exceptions and use of the TEC electronic filing system, by reviewing §2252.908, Government Code, and information on the TEC website at https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php. The Certificate of Interested Parties must only be submitted by Contractor upon delivery to University of a signed Agreement.

5.2.3 In its proposal, Proposer must indicate whether it will consent to include in the Agreement the “Access by

Individuals with Disabilities” language that is set forth in APPENDIX SEVEN, Access by Individuals with Disabilities. If Proposer objects to the inclusion of the “Access by Individuals with Disabilities” language in the Agreement, Proposer must, as part of its proposal, specifically identify and describe in detail all of the reasons for Proposer’s objection. NOTE: A GENERAL OBJECTION IS NOT AN ACCEPTABLE

RESPONSE TO THIS QUESTION.

5.2.4 PROPOSER MUST PROVIDE A DETAILED LIST OF ANY AND ALL SPONSORSHIP BENEFITS

PROPOSER ANTICIPATES UNIVERSITY WILL GRANT CONTRACTOR IN CONNECTION WITH THE

SPONSORSHIP AGREEMENT. PROPOSER’S REQUESTED SPONSORHSIP BENEFITS WILL BE

SUBJECT TO AVAILABILITY AND APPROVAL BY UNIVERSITY. A DETAILED DESCRIPTION OF

UNIVERSITY APPROVED SPONSORSHIP BENEFITS WILL BE LISTED IN EXHIBIT A OF THE

SPONSORSHIP AGREEMENT. University anticipates sponsorship benefits will satisfy qualified sponsorship requirements under applicable the Internal Revenue Code and the Treasury Regulations.

5.2.5 Proposer understands all sponsorship benefits University grants Contractor will satisfy qualified sponsorship requirements of the Internal Revenue Code and the Treasury Regulations.

5.2.6 Confirm Proposer understands that logos Proposer may use in connection with rights University conveys to Proposer under the Agreement, are restricted to Proposer’s name, address, telephone number, web site address, logo, recognized slogan, and/or product pictures.

5.2.6.1 Demonstrated ability to provide beverage pouring services.

Proposals must describe the Proposer’s experience in the operation of Beverage & Vending Services for Dining and Concessions with Certain Exclusive Pouring and Sponsorship Rights and the manner in which Proposer would operate beverage vending and dispensing services for the University campus community.

5.2.6.2 Service and Maintenance Support.

Proposals must describe in detail the Proposer’s plan for scheduled and unscheduled maintenance and any other required mechanical support of beverage vending and dispensing machines.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#2252.908 https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=2&ch=46&rl=Y http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#2252.908 https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

5.2.7 Nutritional Practices.

Contractor will provide a variety of nutritional options in its Beverages products such as bottled water;

unsweetened Beverages; non-caloric Beverages, artificially sweetened Beverages; and caloric beverages with some nutritional benefits (“Healthy Products”). University desires that at least twenty-five percent (25%) of Contractor’s Beverage product will consist of Healthy Products.

Proposer should describe its Healthy Product line and the Healthy Products Proposer plans to offer in completion of the Services.

5.3 Scope of Work

Contractor will provide the following services to University:

5.3.1 Overview

Contractor will supply fountain machine pouring services and other related beverage services to the

University and University Concessionaires all in accordance with the terms of the agreement (Ref.

APPENDIX TWO).

5.3.2 Snack Vending

Snack vending Machine services are NOT requested or included in this RFP Scope of Work and will NOT be provided by awarded Contractor in relation to this RFP solicitation.

5.3.3 Fountain Beverages

Contractor will provide Beverages for all vending, dinning and concession operations on Campus operated by the University and/or Concessionaires utilized by the University (collectively “Beverage Operations”).

Contractor will provide all Beverages reasonably required to ensure professional Fountain Operations on Campus as well as University’s sports Venues. Contractor will provide a full range of Beverage products, brands, and sizes in its Fountain Operations. Contractor’s duties will include delivery of all Fountain Beverage products to the University Campus, as well as to sports Venues when requested by SFASU Athletics for University sporting events.

Proposer should identify in its Proposal the range of Beverage products, brands, and sizes that Proposer plans to incorporate into its Fountain Operations.

5.3.4 Nutritional Practices

Contractor will provide a variety of nutritional options in its Beverage products such as bottled water, unsweetened Beverages, non-caloric Beverages, artificially sweetened Beverages, and caloric Beverages with some nutritional benefits (“Healthy Products”). University desires that at least twenty-five (25%) of Contractor’s Beverage products consists of Healthy Products.

Proposer should describe its Healthy Product line and the Healthy Products Proposer plans to offer in completion of the Services

5.3.5 Pre-Existing Contracts

Contractor acknowledges pre-existing contracts as described in Section 1.3.

Note: Our snack vending machine services are currently being provided by Gilly Vending, Inc. and the awarded Contractor will be required to provide products that can operate with Gilly Vending, Inc. vending machines. Current Concessionaire: Chartwells

5.4 Additional Questions Specific to this RFP

Proposer must submit the following information as part of Proposer’s proposal:

5.4.1 Demonstrate ability to provide Fountain Beverage products.

Proposals must describe in detail the Proposer’s experience in providing Fountain Beverage products to other customers and the manner in which Proposer has provided in the past and would provide products while servicing the University and related sports venues.

5.4.2 Beverage Machine locations and Campus Map

(Appendix Four)

5.4.3 A Proposal must describe the Proposer’s healthy product line and the Healthy Products Proposer plans to offer in completion of the Services. Specify % of Healthy Products to be offered in vending machines.

5.4.4 A Proposal must describe the Healthy Product options that Proposer plans to offer SFASU and SFASU controlled properties, such as sports venues (Ref. 5.4.4)

5.4.5 A Proposal must provide the range of Beverage products, brands, and sizes that Proposer offers to incorporate into its Fountain Operations.

5.4.6 Proposer must describe in its proposal the method and process by which University shall be able to verify or audit gross sales revenue reported by Proposer if it is selected as the Contractor.

5.5 Consideration

In response to Section 6 of this RFP, Proposers must submit a Financial Consideration Proposal as described below. The following items should be included in the Financial Consideration Proposal:

5.5.1 Sponsorship Opportunities. It is the University's intent to explore and pursue innovative ways for individual vendors to support Athletics and Campus Wide programs, initiatives, and events to the mutual benefit of both parties.

Such initiatives along with a brief description and qualification that the Proposer believes would be of value to the University should be included with the proposal submission for consideration.

5.5.1.1 Sponsorship Fee. University seeks sponsorship in support of a) University sponsored (Campus Wide) events and b) Athletics as further described herein. In consideration for sponsorship payments, the successful Proposer will be granted rights to display certain sponsorship and advertising messages on the scoreboards identified in RFP Section 5.6.1.

5.5.1.2. Product Donation. University seeks a) annual donation of product for University sponsored (Campus Wide) events and b) annual donation of product and beverage related equipment (“Sponsorship Support”) for Athletic teams, and hospitality for working press, stats crew, and game officials. Events listed will occur annually unless otherwise specified.

University desires Proposer deliver to University free of cost or expense from time-to-time, within seventy-two (72) hours after written request by University, a quantity of Contractor's Beverage products; provided that the quantity of the Beverage products will be specified in University's written request, and further provided that the maximum quantity of Beverage products that Contractor would be obligated to deliver to University in any contract year would be previously specified in the Agreements.

5.5.2. Advertising and Marketing Fee. The Contractor will pay a fee to the University for the opportunity to advertise and market Contractor signage and/or products on Campus in conjunction with University events or in support of Athletic Teams.

5.5.3 Royalty. The Contractor will pay to University royalties (collectively, the “Royalty”) on each sale of each Product sold on Campus, including the sale of vending Product and the sale of each mix syrup bag sold by Contractor as follows:

(a) Vending Royalty. Contractor will pay University a Royalty on gross revenue generated by Work. The term “gross revenue” means gross revenue before exclusion of applicable sales taxes.

(b) Minimum Annual Royalty Guarantee. Guaranteed royalty from annual sales from Contractor’s vending machines – See Section 3.1.1 in the Beverage Vending and Pouring Rights Contract in APPENDIX TWO.

5.5.4. Pouring Rights. Proposer must propose an annual Pouring Rights Fee that it will pay to

University in consideration of University granting Contractor the exclusive right to supply all Beverages to be sold on Campus by University or University’s Concessionaires.

5.5.5 Innovation. If applicable, Proposer should provide to the University any innovative support for the intercollegiate athletic program/student-athletes as it relates to how best to support recovery post-workout and/or post-competition.

5.5.6 Product Support and Fueling Station. If applicable, Proposer should work with the University to create a fueling station for student-athletes. Stock pre- and/or post-work out supplements and nutrition to maximize recovery. In Proposal, items to include but not limited to: protein powders and/or shakes, milk-based products, isotonic beverages, isotonic beverage powder/mix. If applicable, Proposal should include product refrigerators in the fueling station with additional refrigerator units throughout the athletic department.

5.5.7 Branded Sideline Kits/Carts. If applicable, Proposal should include annual allotment of sideline kits/carts for practice and competition. Include but not limited to: at least 500 water bottles each year, branded towels, ice chests, coolers, etc. Please provide your best offer inclusive of these examples above.

5.5.8 Product Donations – Donations by the pouring rights holder, to the University.

SECTION 6

ROYALTY, FEES & IMPLEMENTATION SCHEDULE

Proposal of: ___________________________________ (Proposer Name)

To: Stephen F. Austin State University

RFP #POURING RIGHTS - 2024

Ladies and Gentlemen:

Having examined specifications and requirements of this RFP (including attachments), the undersigned proposes to furnish Work upon the pricing terms quoted below:

6.1 Term of Agreement

University anticipates that the term of the Agreement may be up to ten (10) years with the initial term of the Agreement proposed to begin on __TBD__________, 2024, and proposed to expire on _TBD______, 2029. University may elect to renew the Agreement for up to one (1) additional five (5) year term.

6.2 Pricing for Work and Expenses

TO BE COMPLETED WITH AND SUBMITTED AS PART OF PROPOSER’S SUBMITTAL.

a. Proposer must provide Pricing for each proposed product in its product line.

Carbonated oz*

Non-

Water

Isotonic

Juices

Other – Energy Drinks oz*

Year 1 $ $ $ $ $ $ $ Year 2 $ $ $ $ $ $ $ Year 3 $ $ $ $ $ $ $ Year 4 $ $ $ $ $ $ $ Year 5 $ $ $ $ $ $ $

Renewal Term

Year 6-10 $ $ $ $ $ $ $

b. Proposer confirms that it will pay University the Annual Royalty based on the percentage specified below per unit of product vended (based on scaled sales volume of cases of product sold)

< XXX

Cases Sold

> XXX

Cases Sold

Year 1 % %

Year 2 % %

Year 3 % %

Year 4 % %

Year 5 % %

Renewal Term:

Year 6-10 % %

c. Proposer will pay to University a Minimum Royalty Guarantee from annual sales of vended

Beverages.

Minimum Guarantee

Year 1 $ Year 2 $ Year 3 $ Year 4 $ Year 5 $

Renewal Term:

Year 6-10 $

Total $

6.3 Concession Product and Supply Pricing:

Proposer will sell to University and University Concessionaires beverages and supplies at Pricing set forth below:

(Proposer will provide Pricing for each proposed product in its product line.)

TO BE COMPLETED WITH AND SUBMITTED AS PART OF PROPOSER’S SUBMITTAL.

a. Proposer must provide Pricing for each proposed product in its product line.

Non-

Water

Isotonic

Juices

Other – Energy Drinks oz*

Year 1 $ $ $ $ $ $ $ Year 2 $ $ $ $ $ $ $ Year 3 $ $ $ $ $ $ $ Year 4 $ $ $ $ $ $ $ Year 5 $ $ $ $ $ $ $

Renewal Term

Year 6-10 $ $ $ $ $ $ $

b. Proposer will pay to University an Annual Royalty as a percentage financial return to university based on the annual amount University purchases in beverages and supplies.

Annual

Royalty

Year 1 %

Year 2 %

Year 3 %

Year 4 %

Year 5 %

Year 6-10 %

6.4 Annual Exclusivity Rights Fee:

Proposer will pay to University an Annual Exclusivity Rights Fee for the exclusive right to have Proposer’s products be the only beverages, sold, served, or offered for sale on the Campus by University and/or any of University’s Concessionaires, except as otherwise provided by the Agreement.

The Annual Exclusivity Rights Fee for the renewal period may be a higher amount, but may not be a lower amount than the Annual Exclusivity Rights Fee for the initial term.

TO BE COMPLETED WITH AND SUBMITTED AS PART OF PROPOSER’S SUBMITTAL

Exclusivity

Rights Fee

Year 1 $

Year 2 $

Year 3 $

Year 4 $

Year 5 $

Year 6-10 $

6.5 Annual Sponsorship Fee:

Proposer will pay to University an Annual Sponsorship Fee for the exclusivity privileges concerning promotional recognition to be proposed by the contractor as follows:

The Annual Sponsorship Fee for the renewal period may be a higher amount, but cannot be a lower amount than the annual fee for the initial term.

TO BE COMPLETED WITH AND SUBMITTED AS PART OF PROPOSER’S PROPOSAL.

Annual

Sponsorship Fee

Other Fee

Year 1 $ $

Year 2 $ $

Year 3 $ $

Year 4 $ $

Year 5 $ $

Renewal Term:

Year 6-10 $ $

Total $ $

6.6 Non-Monetary Sponsorship Support:

Sponsor will provide University with non-monetary sponsorship support (“Sponsorship Support”) equal to Dollars ($_ ) for each Agreement Year during the term of the Agreement.

Sponsorship Support for the renewal period may be a higher amount, but may not be a lower amount, than the annual support for the initial term.

Year Annual Sponsorship Support

Initial term- Five Years

6.7 Facility and Capital Improvement Contributions:

Proposer will pay to University an annual facility and capital improvement contribution (“Facility and Capital Improvement Contribution”).

The contribution for the renewal period may be a higher amount, but cannot be a lower amount than the initial term.

Facility & Capital

Improvement Contributions

Initial Up-f r on t

Contribution

Year 2 $

Year 3 $

Year 4 $

Year 5 $

Renewal Term: $

6.8 Pursuant to Section 6.5 during Agreement Year 1, Proposer will provide University with marketing support for enhancements to University Bookstore and other retail areas as requested by the University. (“Marketing Support”) with a value of Dollars ($_ ) (“Marketing Fund”). Marketing Support will include: printed and promotional materials but not limited to.

Marketing Fund

Year 1 $

Year 2 $

Year 3 $

Year 4 $

Year 5 $

Renewal Term: $

6.9 Other Monetary Compensation

Other Monetary

Compensation

Year 1 $

Year 2 $

Year 3 $

Year 4 $

Year 5 $

Renewal Term: $

Year 6-10 $

6.10 Other Non-Monetary Compensation

Other Non- Monetary

Compensation

Year 1 $

Year 2 $

Year 3 $

Year 4 $

Year 5 $

Renewal Term: $

6.11 Other Consideration

6.12 Discounts

Describe all discounts that may be available to University, including educational, federal, state and local discount

6.13 Payment Terms

University’s standard payment terms are “net 30 days” as mandated by the Texas Prompt Payment Act (Ref.

Chapter 2251, Government Code).

Indicate below the prompt payment discount that Proposer offers:

Prompt Payment Discount: _____%_____days/net 30 days.

Section 51.012, Education Code, authorizes University to make payments through electronic funds transfer methods.

Respondent agrees to accept payments from University through those methods, including the automated clearing house system (ACH). Respondent agrees to provide Respondent’s banking information to University in writing on Respondent letterhead signed by an authorized representative of Respondent. Prior to the first payment, University will confirm Respondent’s banking information. Changes to Respondent’s bank information must be communicated to University in writing at least thirty (30) days before the effective date of the change and must include an IRS Form W-9 signed by an authorized representative of Respondent.

University, an agency of the State of Texas, is exempt from Texas Sales & Use Tax on goods and services in accordance with §151.309, Tax Code, and Title 34 TAC §3.322. Pursuant to 34 TAC §3.322(c)(4), University is not required to provide a tax exemption certificate to establish its tax exempt status.

Respectfully submitted, Proposer: ____________________________

By: ___________________________ (Authorized Signature for Proposer)

Name: _________________________

Title: __________________________

Date: _____________________ http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2251.htm http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.012 https://www.irs.gov/uac/about-form-w9 http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm#151.309 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=322 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=322

APPENDIX ONE

PROPOSAL REQUIREMENTS

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

SECTION 2: EXECUTION OF OFFER

SECTION 3 : PROPOSER'S GENERAL QUESTIONNAIRE

SECTION 4: ADDENDA CHECKLIST

SECTION 1

GENERAL INFORMATION

1.1 Purpose

University is soliciting competitive sealed proposals from Proposers having suitable qualifications and experience providing services in accordance with the terms, conditions and requirements set forth in this RFP. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by university.

By submitting a proposal, Proposer certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of services to be performed, the detailed requirements of services to be provided, and the conditions under which services are to be performed. Proposer also certifies that it understands that all costs relating to preparing a response to this RFP will be the sole responsibility of the Proposer.

PROPOSER IS CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO

SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Inquiries and Interpretations

University may in its sole discretion respond in writing to written inquiries concerning this RFP and mail its response as an Addendum to all parties recorded by university as having received a copy of this RFP. Only University’s responses that are made by formal written Addenda will be binding on university. Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by University prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (Ref. Section 4 of APPENDIX ONE). The Addenda Checklist must be received by University prior to the Submittal Deadline and should accompany the Proposer’s proposal.

Any interested party that receives this RFP by means other than directly from University is responsible for notifying University that it has received an RFP package, and should provide its name, address, telephone and facsimile (FAX) numbers, and email address, to University, so that if University issues Addenda to this RFP or provides written answers to questions, that information can be provided to that party.

1.3 Public Information

Proposer is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

University may seek to protect from disclosure all information submitted in response to this RFP until such time as a final agreement is executed.

Upon execution of a final agreement, University will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Ref. Chapter 552, Government Code). Proposer will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under §§552.101, 552.104, 552.110, 552.113, and 552.131, Government Code.

1.4 Type of Agreement

Contractor, if any, will be required to enter into a contract with university in a form substantially similar to the Agreement between University and Contractor attached to this RFP as APPENDIX TWO, and otherwise acceptable to university in all respects (Agreement).

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.101 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.104 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.110 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.113 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.131

1.5 Proposal Evaluation Process

University will select Contractor by using the competitive sealed proposal process described in this Section. Any proposals that are not submitted by the Submittal Deadline or that are not accompanied by required number of completed and signed originals of the HSP will be rejected by university as non-responsive due to material failure to comply with this RFP (Ref. Section 2.5.4). Upon completion of the initial review and evaluation of proposals, University may invite one or more selected Proposers to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of a proposal prior to selection of Contractor.

University may make the selection of Contractor on the basis of the proposals initially submitted, without discussion, clarification or modification. In the alternative, University may make the selection of Contractor on the basis of negotiation with any of the Proposers. In conducting negotiations, University will use commercially reasonable efforts to avoid disclosing the contents of competing proposals.

University may discuss and negotiate all elements of proposals submitted by Proposers within a specified competitive range. For purposes of negotiation, University may establish, after an initial review of the proposals, a competitive range of acceptable or potentially acceptable proposals composed of the highest rated proposal(s). In that event, University may defer further action on proposals not included within the competitive range pending the selection of Contractor; provided, however, University reserves the right to include additional proposals in the competitive range if deemed to be in the best interest of university.

After the Submittal Deadline but before final selection of Contractor, University may permit Proposer to revise its proposal in order to obtain the Proposer's best and final offer. In that event, representations made by Proposer in its revised proposal, including price and fee quotes, will be binding on Proposer. University will provide each Proposer within the competitive range with an equal opportunity for discussion and revision of its proposal.

University is not obligated to select the Proposer offering the most attractive economic terms if that Proposer is not the most advantageous to university overall, as determined by university.

University reserves the right to (a) enter into an agreement for all or any portion of the requirements and specifications set forth in this RFP with one or more Proposers, (b) reject any and all proposals and re-solicit proposals, or (c) reject any and all proposals and temporarily or permanently abandon this selection process, if deemed to be in the best interests of university. Proposer is hereby notified that University will maintain in its files concerning this RFP a written record of the basis upon which a selection, if any, is made by university.

1.6 Proposer's Acceptance of RFP Terms

Proposer (1) accepts [a] Proposal Evaluation Process (Ref. Section 1.5 of APPENDIX ONE), [b] Criteria for Selection (Ref. Section 2.3), [c] Specifications and Additional Questions (Ref. Section 5), [d] terms and conditions of the Agreement (Ref. APPENDIX TWO), and [e] all other requirements and specifications set forth in this RFP;

and (2) acknowledges that some subjective judgments must be made by University during this RFP process.

1.7 Solicitation for Proposal and Proposal Preparation Costs

Proposer understands and agrees that (1) this RFP is a solicitation for proposals and University has made no representation written or oral that one or more agreements with University will be awarded under this RFP; (2) University issues this RFP predicated on University’s anticipated requirements for Work, and University has made no representation, written or oral, that any particular scope of work will actually be required by University; and (3) Proposer will bear, as its sole risk and responsibility, any cost that arises from Proposer’s preparation of a proposal in response to this RFP.

1.8 Proposal Requirements and General Instructions

1.8.1 Proposer should carefully read the information contained herein and submit a complete proposal in response to all requirements and questions as directed.

1.8.2 Proposals and any other information submitted by Proposer in response to this RFP will become the property of university.

1.8.3 University will not provide compensation to Proposer for any expenses incurred by the Proposer for proposal preparation or for demonstrations or oral presentations that may be made by Proposer. Proposer submits its proposal at its own risk and expense.

1.8.4 Proposals that (i) are qualified with conditional clauses; (ii) alter, modify, or revise this RFP in any way; or

(iii) contain irregularities of any kind, are subject to disqualification by university, at University’s sole discretion.

1.8.5 Proposals should be prepared simply and economically, providing a straightforward, concise description of

Proposer's ability to meet the requirements and specifications of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the requirements and specifications of this RFP.

1.8.6 University makes no warranty or guarantee that an award will be made as a result of this RFP. University reserves the right to accept or reject any or all proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Agreement when deemed to be in University's…