ESBD_File_343303_1 RFP CAMPUS BOOKSTORE-24.pdf

Stephen F. Austin State University RFP #BOOKSTORE-24

PROCUREMENT AND BUSINESS SERVICES

P. O. Box 13030

NACOGDOCHES, TX 75962

REQUEST FOR PROPOSAL

RFP NUMBER

BOOKSTORE-24

PROPOSAL MUST BE RECEIVED BEFORE:

5:00PM, FRIDAY, JANUARY 5, 2024

HAND DELIVER AND/OR

MAIL PROPOSAL TO: EXPRESS MAIL TO:

Stephen F. Austin State University Stephen F. Austin State University

Procurement and Business Services Procurement and Business Services P. O. Box 13030, SFA Station 2102 Alumni Drive, Austin Bldg., Room 131

Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962

Show RFP Number, Due Date and Time on Return Envelope

NOTE: PROPOSAL must be time stamped at Stephen F. Austin State University Procurement and Business

Services before the hour and date specified for receipt of proposal.

REFER INQUIRIES TO:

Kay Johnson or Kim Jones Stephen F. Austin State University

Procurement and Business Services

936.468.6550 or 936.468.6551 email: johnsondk6@sfasu.edu or joneskk2@sfasu.edu mailto:johnsondk6@sfasu.edu mailto:joneskk2@sfasu.edu

STEPHEN F. AUSTIN STATE UNIVERSITY

Request for Proposal #BOOKSTORE-24

TABLE OF CONTENTS

Section 1 – INTRODUCTION

1.1 Scope of Project

1.2 SFA Information

1.3 Schedule of Events

1.4 Historically Underutilized Businesses

1.5 Open Records

1.6 Parking on Campus

1.7 Smoking, Vaping and Use of Tobacco Products

1.8 FERPA Compliance

1.9 Additional Terms and Conditions

Section 2 –PURPOSE AND OBJECTIVES

2.1 Purpose

2.2 Objectives

Section 3 – INSTRUCTIONS TO RESPONDENTS

3.1 Contact Information

3.2 Submittal Deadline and Location

3.3 Submittal Instructions

3.4 Acceptance and Formation of Agreement

3.5 Evaluation Criteria

3.6 Proposal Response Format

3.7 Pre-proposal Conference

EXHIBITS

Exhibit A Execution of Offer Exhibit B Acknowledgment of Addenda Exhibit C Non-Collusion Affidavit Exhibit D Required Proposal Information Exhibit E Electronic and Information Resources Specifications Exhibit F Security Characteristics and Functionality of Respondent’s Information Resources Exhibit G HUB Subcontracting Plan

Exhibit H Sample Agreement Exhibit I Campus Map Exhibit J Sample of Qualified Sponsorship Recognition

SECTION 1

INTRODUCTION

1.1 SCOPE OF PROJECT

Stephen F. Austin State University, hereafter referred to as “SFA”, “the university,” or “Owner” is seeking proposals for a company to provide bookstore operations and management for the university as described in this proposal and under the direction and control of the university.

1.2 SFA INFORMATION

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 https://www.sfasu.edu/about-sfa .

The University Bookstore is currently operated and managed by Barnes and Noble Corporation. The University Bookstore is located inside the Baker Pattillo Student Center on the main campus of Stephen F. Austin State University

The bookstore contains approximately 12,906 square feet. The hours of operation currently are Monday - Friday from 8:00 am - 4:30 pm, Saturday from 10:00 am – 2:00 pm and closed on Sunday.

Gross Sales for the past five (5) fiscal years are listed as below:

Gross Sales

FY23 FY22 FY21 FY20 FY19

August* $ 485,325.76 $ 661,111.55 $ 729,731.87 $ 671,196.21 $ 695,833.00

September $ 202,720.33 $ 160,718.96 $ 190,016.39 $ 724,989.58 $ 786,659.69

October $ 79,801.54 $ 67,904.33 $ 56,656.42 $ 78,663.71 $ 91,995.84

November $ 78,018.46 $ 59,629.68 $ 31,605.32 $ 75,702.35 $ 61,528.82

December $ 70,434.65 $ 112,557.92 $ 151,619.53 $ 119,898.00 $ 103,966.00

January $ 438,455.70 $ 472,770.91 $ 457,382.51 $ 763,366.79 $ 814,303.09

February $ 66,972.15 $ 76,683.96 $ 32,279.25 $ 131,451.15 $ 229,070.37

March $ 70,920.74 $ 85,552.35 $ 21,090.22 $ 26,077.87 $ 96,291.46

April $ 70,209.41 $ 65,568.06 $ 86,217.52 $ 12,541.44 $ 55,450.07

May $ 71,557.24 $ 59,904.17 $ 101,568.60 $ 54,456.73 $ 67,519.47

June $ 114,490.13 $ 106,595.18 $ 92,700.57 $ 34,900.04 $ 181,630.34

July $ 88,874.43 $ 80,222.91 $ 87,646.57 $ 36,221.76 $ 106,744.51

$ 1,837,780.54 $ 2,009,219.98 $ 2,038,514.77 $ 2,729,465.63 $ 3,290,992.66

*SFA's fiscal year is September-August, however, current bookstore contract is July 16-July 15.

UNIVERSITY MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF ANY OF THE PROPOSED

PREMISES FOR THE RESPONDENT’S PURPOSES. THE UNIVERSITY MAKES NO REPRESENTATION OR GUARANTY, WRITTEN OR ORAL, THAT ANY PARTICULAR VOLUME OR SCOPE OF GOODS AND SERVICES WILL ACTUALLY BE REQUIRED OR PURCHASED BY THE UNIVERSITY’S COMMUNITY FROM ANY OF THE PROPOSED PREMISES. THE UNIVERSITY MAKES NO REPRESENTATION OR COMMITMENT, WRITTEN OR ORAL, THAT THE UNIVERSITY WILL USE OR PURCHASE ANY GOODS AND SERVICES FROM ANY OF THE

PROPOSED PREMISES AND NONE SHOULD BE IMPLIED OR ASSUMED.

https://www.sfasu.edu/about-sfa

1.3 SCHEDULE OF EVENTS*

*DATE EVENT

November 21, 2023 Issuance of Request for Proposal

November 29, 2023 Pre-proposal conference and site visit

December 8, 2023 Deadline for submittal of questions

December 14, 2023 Posting of addenda, if any

January 5, 2024 Response submittals due at 5:00 pm

January 8, 2024 Responses opened and read aloud at 8:45 am

January 22, 2024 Evaluation of Proposals and Selection of Finalist and/or Negotiations

January 23, 2024 Finalists notified

January 25, 2024 List of presenters due

January 30-31, 2024 Evaluation Committee, receive presentations and final selection at a time TBD

February 6, 2024 Notification of award

February 7, 2024 – June 30, 2024 Contracting

July 15, 2024 Start of contract

*Dates are tentative and subject to change

1.4 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB)

SEE EXHIBIT G – HUB SUBCONTRACTING PLAN

READ CAREFULLY

Each respondent is required to make a good faith effort to subcontract with historically underutilized businesses and shall submit a HUB Subcontracting Plan using the HUB Subcontracting Plan documents provided in Exhibit G.

Stephen F. Austin State University is committed to making a good faith effort to increase business with historically underutilized businesses (HUBs) by contracting with HUBs either directly or indirectly through subcontracting opportunities. Respondents are encouraged to actively seek to subcontract or partner with HUBs in an effort to create an environment that actively acknowledges and values diversity.

The University has determined that subcontracting opportunities are probable under this contract.

The University’s HUB goal for this procurement is:

26.0% for Other Services

Each HUB subcontracting plan will be evaluated independently of the response. If the HSP does not reflect a good faith effort to subcontract with HUBs, the entire response will be disqualified.

All questions regarding the HUB Subcontracting Plan may be directed to the Procurement and Business Services Office HUB Coordinator, Lacey Bradshaw, 936-468-4412, Lacey.Bradshaw@sfasu.edu .

Failure to submit the HUB Subcontracting Plan will disqualify the bid from consideration.

mailto:Lacey.Bradshaw@sfasu.edu

1.5 OPEN RECORDS

SFA anticipates that the review of the proposals will be completed and awarded in February 2024. Due to the nature of the proposals, the parties understand the information exchanged in the negotiation process is confidential to the fullest extent permitted by law, and neither party will disclose such information to anyone other than representatives of the negotiating parties except as required by Texas law. Final awards and agreements, after all negotiations are completed, may be subject to open Additionally, state law requires each contract for the purchase of goods or services to be posted on the University’s website. By entering into a contract with the University, the firm acknowledges and accepts the University will comply with all applicable laws regarding the public posting of contracts.

1.6 PARKING ON CAMPUS

All vehicles parked on the University campus must properly display a valid parking permit and comply with all University parking rules. The Parking and Traffic Office supervises and coordinates all parking transportation and traffic related functions on the campus. Permits expire each August 31.

Contractor shall be responsible for obtaining parking permits from the Parking and Traffic Office and for resolving, should they arise, any parking regulation disputes and violations. The Parking and Traffic Office telephone number is 936-468-7275.

1.7 SMOKING, VAPING AND USE OF TOBACCO PRODUCTS

Stephen F. Austin State University is a tobacco and vape free campus

1.8 FERPA COMPLIANCE

To the extent applicable, Contractor agrees to hold student information, including any personally identifiable student information or education records as those terms are defined under federal law, (“Confidential Data”) in strict confidence and warrants to Licensee that it will use reasonable industry practices to establish and maintain adequate procedures to ensure the confidentiality and privacy of such Confidential Data from unauthorized use or disclosure in violation of the Federal Family Educational Rights and Privacy Act (“The Buckley Amendment or “FERPA”), 20 USC 1232 g and not to use or disclose Confidential Data except as permitted or required by this Contract, as required by law, or as otherwise authorized by university in writing. Contractor further agrees not to use Confidential Data for any purpose other than the purpose for which the disclosure to Contractor was made. Contractor shall continue to maintain the confidentiality and privacy of the Confidential Data retained in its system after cancellation, expiration or other conclusion of this Agreement. Upon termination, cancellation, expiration or other conclusion of this Contract, Contractor shall return all Confidential Data to University or, if return is not feasible, destroy any and all Confidential Data. If Contractor destroys the information, it shall provide University with a certificate confirming the date of destruction of the data. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Data received from, or on behalf of university or its students. These measures will be extended by contract to all subcontractors used by Contractor. Contractor shall, within one day of discovery, report to university any use or disclosure of confidential information not authorized by this agreement or in writing by university. Following this report, Contractor will conduct a timely and thorough investigation in an attempt to identify: (i) the nature of the unauthorized use or disclosure, (ii) the data used or disclosed, and (iii) who made the unauthorized use or received the unauthorized disclosure. At the conclusion of this investigation, Contractor will furnish a confidential written report to university indicating the results of the investigation, what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

1.9 ADDITIONAL TERMS AND CONDITIONS

Purchase Orders will be issued in accordance with additional terms and conditions listed on the university website purchase-order-general-terms-conditions.pdf (sfasu.edu)

End of Section 1 https://www.sfasu.edu/docs/procurement-business-services/purchase-order-general-terms-conditions.pdf

SECTION 2

PURPOSE AND OBJECTIVES

2.1 Purpose

Type of Agreement – The Contractor will be required to enter into an initial agreement with university for a term of seven (7) years with university having the option to renew the agreement for up to three (3) additional periods of one (1) year each in a form similar to the University Bookstore Operations and Management agreement attached in the RFP as Exhibit H.

2.1.2 Contractor shall manage and operate the University Bookstore (hereinafter referred to as “Bookstore” or

“University Bookstore” for the purpose of providing bookstore operations and management for the University as described herein under the direction and control of the University as hereinafter set forth and for no other purpose except as may be hereinafter expressly provide.

2.1.3 Contractor shall purchase, display and sell new and used textbooks, trade, paperback, technical and reference books, other educational materials and supplies and other miscellaneous merchandise and services at Contractor’s own expense under the Agreement.

2.1.4 Contractor shall be responsible for all costs that are not the responsibility of the University, but which are necessary for the Contractor to fulfill its obligations under the Agreement.

2.1.5 Contractor shall provide bookstore operations and management for the University students, faculty, staff, alumni and guests in accordance with the University’s objectives, requirements, referenced documents, terms, conditions and specifications contained herein, or attached hereto.

2.2 Objectives

University will do a performance evaluation of the Contractor based on the following objectives:

2.2.1 Provide the University community with a full range of merchandise and services expected from a quality academic bookstore including a visual store redesign.

2.2.2 Provide sufficient quantities of all textbooks and all related supplies and material, as required or recommended by the faculty for academic courses, available for purchase by the students at the specific times the items are needed.

2.2.3 Ensure that the specified edition is available for sale.

2.2.4 Provide a wide selection of current trade, academic, and technical literature in support of required material for the academic disciplines of the University.

2.2.5 Provide a significant selection of "soft goods" such as office supplies, incidental household goods for resident students, personal care items, University emblematic wearing apparel, memorabilia, and other related items from vendors of the Contractor's preference.

2.2.6 Provide timely response to customers requiring special order literature and other such material.

2.2.7 Provide textbooks and other merchandise to the University community under pricing policies that are both fair and competitive with other college and university bookstores and also with retail establishments in the surrounding area.

2.2.8 Keep abreast of new merchandise of interest to the University community.

2.2.9 Minimize out of stock situations on textbooks.

2.2.10 Provide for efficient customer traffic flow during rush periods.

2.2.11 Meet the bookstore needs of disabled students and all ADA requirements.

2.2.12 Provide employment opportunities for university students.

2.2.13 Become involved in the academic, cultural, and social environment of the University, taking advantage of opportunities to offer special merchandising and/or assistance based upon the University's ongoing and unique activities.

2.2.14 Provide an Athletic Swag Shop and a Spirit Goods Shop.

2.2.15 In return for qualified sponsorship recognition as defined in the Internal Revenue Code and Treasury Regulations, seek sponsorship support that may be in the form of textbook scholarships or financial support of non-athletic events hosted by the University.

End of Section 2

SECTION 3

INSTRUCTIONS TO RESPONDENTS

3.1 CONTACT INFORMATION

All questions regarding this Request for Proposal must be forwarded to the Procurement and Business Services:

Kim Jones or Kay Johnson P.O. Box 13030, SFA Station Nacogdoches, TX 75962 Phone: 936.468.6551 or 936.468.6550 Fax: 936.468.4282 Email: joneskk2@sfasu.edu or johnsondk6@sfasu.edu

3.2 SUBMITTAL DEADLINE AND LOCATION

3.2.1 All responses must be received by SFA no later than 5:00pm, Friday, January 5, 2024.

3.2.2 Submit Responses by:

MAIL to: HAND DELIVER AND/OR EXPRESS MAIL to:

Stephen F. Austin State University Stephen F. Austin State University Procurement and Business Services Procurement and Business Services

P.O. Box 13030, SFA Station 2102 Alumni Dr, Austin Bldg., Room 131 Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962

3.2.3 All U.S. Mail addressed to any component of SFA is delivered to a central mail room and redistributed by SFA personnel to the addressee’s on-campus post office box. Consequently, there is a possibility of delay between receipt of mail at the central mail room and receipt in the Procurement and Business Services Department. Proposals must be in the office of the Procurement and Business Services Department by the deadline set for this RFP in order to be considered, and receipt by SFA at the central mail room will not be deemed sufficient. The university shall not be responsible for responses received after the due date and time. Late responses will not be considered under any circumstances. Properly identified late responses will be returned to the respondent unopened.

3.2.4 University will evaluate all proposals and select Finalists between January 8, 2024 – January 22, 2024.

Finalists will be notified and invited to present to the evaluation committee on January 30, 2024 or January 31, 2024. (Time, location and details of presentation to be provided at the time of Finalists notification.) Notification of award expected as early as February 6, 2024. Following notification of award will be contract finalization with expected start date on or before July 15, 2024.

3.2.5 Proposals will be publicly opened Monday, January 8, 2024 AT 8:45 am in the office of Procurement and

Business Services, 2102 Alumni Drive, Austin Building, Room 131. Only the names of the Respondents will be read aloud.

3.2.6 Proposals received after the time for closing will be returned to Respondent unopened regardless of the circumstance. It is the responsibility of the Respondent to get the proposals delivered in a timely manner, regardless of delivery method or circumstances.

3.2.7 Faxed proposals will not be accepted.

3.2.8 Responses may be withdrawn at any time prior to the time and date set for submittal deadline.

3.2.9 Stephen F. Austin State University reserves the right to accept or reject any or all proposals and to waive irregularities or technicalities provided such waiver does not substantially change the offer or provide a competitive advantage to any Respondent in the judgment of Stephen F. Austin State University.

3.3 SUBMITTAL INSTRUCTIONS

3.3.1 All proposals must be submitted in the format prescribed in Section 3.3.2.

mailto:joneskk2@sfasu.edu mailto:johnsondk6@sfasu.edu

3.3.2 Respondent must submit one (1) complete electronic copy of the Proposal on electronic media (e.g., USB Drive) in a Microsoft Office (Word, Excel, Project and PowerPoint files) version 2003 or later format, or searchable Adobe .PDF files. All response submittal information must be in electronic form.

3.3.3 All proposals must be complete and convey all of the information requested to be considered responsive.

If the proposal fails to conform to the essential requirements of the RFP, SFA alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable and therefore, a candidate for further consideration, or not susceptible to being made acceptable and therefore not considered for award.

3.3.4 Each respondent, by submitting a proposal, represents that the respondent has read and completely understands the request for proposal documents and agrees to abide by the terms of this RFP and any resulting agreement. Failure of the selected contractor to fulfill the provisions of this request for proposal shall in no way relieve the obligation of the Contractor to furnish all services necessary to carry out the provisions of the agreement.

3.3.5 Proposals shall be signed by a legally authorized representative of the Respondent. Unsigned proposals

(Exhibit A) will be rejected as a material failure.

3.4 ACCEPTANCE AND FORMATION OF AGREEMENT

3.4.1 No recommendation for award will be made until Stephen F. Austin State University is fully satisfied that the Respondent is professionally competent and properly equipped to render the specified service.

3.4.2 SFA reserves the right to enter into an agreement not based only on the cost to the University, but which, in the sole opinion of SFA, is deemed to represent the best value to SFA. The University shall be the sole judge of determining which proposal represents the best value to the University.

3.4.3 By submitting a response, the Respondent agrees to accept an agreement including the scope of work and specifications herein and attached to this Request for Proposal.

3.5 EVALUATION CRITERIA

3.5.1 Initial evaluation will be based on a comprehensive review and analysis based on a weighted value of averaged evaluation scores and negotiation of the proposal that best meets the needs of the university. Submission of a proposal represents concurrence with this method of evaluation and award. Furthermore, Respondents will not, under any circumstances, dispute any award made using this method.

3.5.2 Initial evaluation of the proposals will be performed by an evaluation committee representing Stephen F. Austin

State University. Proposals will be evaluated using the following criteria, which are listed below in no particular order.

3.5.3 Evaluation Criteria

a. 5% - Respondent’s reputation and demonstration of its competence, experience and prior success of operating bookstores on a university campus.

b. 10% - Respondent’s financial capabilities to lease, stock and operate a bookstore in line with the terms of the Agreement

c. 5% - Respondent’s past relationship with SFA (if any) or another institution of higher education.

d. 10% - Quality, variety and costs of books and other goods and services that can be offered to the University campus and the University community.

e. 50% - The total long-term cost and revenue, capital improvements and other financial consideration

Respondent can provide if Respondent is selected, and the nature and scope of compensation that the

Respondent proposes to pay the University in consideration of using the Premises, related parking and access rights, and for the right to operate the store.

f. 15% - The total sponsorship benefit Respondent can offer the University.

g. 5% - Respondent’s exceptions to the terms and conditions set forth in the RFP and/or the

Agreement.

3.6 PROPOSAL RESPONSE FORMAT AND SUBMITTALS

3.6.1 Proposals shall be prepared in a straightforward and concise manner, identifying clearly and concisely any deviations, enhancements and other differences that exist between the RFP and the respondent’s proposed services. Emphasis should be placed on responsiveness to the RFP requirements, completeness and clarity of content and conformance to the RFP instructions. Respondents shall organize their response in a point-by-point format according to Section 3.3.2. Failure to follow point-by-point presentation could be grounds for disqualification.

3.6.2 Proposal response shall include the following information and be submitted in the following order:

REQUIRED SUBMITTALS – failure to provide any of the following documents will result in disqualification of the proposal from further consideration

i. Exhibit A – Signed Execution of Offer

ii. Exhibit B – Acknowledgement of Addenda, if any

iii. Exhibit C – Non-Collusion Affidavit

iv. Exhibit D – Required Proposal Information

v. Exhibit E – Electronic and Information Resources Specifications

vi. Exhibit F – Security Characteristics and Functionality of Respondent’s Information Resources

vii. Exhibit G – HUB Subcontracting Plan

viii. Exhibit H – Sample Agreement

viiii. Exhibit I – Campus Map

x. Exhibit J - Sample of Qualified Sponsorship Recognition

3.7 PRE-PROPOSAL CONFERENCE

The University will hold a pre-proposal conference at 1:00 pm, CST on November 29, 2023, in Room 1.301 of the Baker Pattillo Student Center located on campus. (See Exhibit I – Campus Map). The pre-proposal conference will all Proposers an opportunity to ask University’s representatives relevant questions and clarify provisions of this

RFP.

End of Section 3

EXHIBIT A

EXECUTION OF OFFER

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services and to comply with all terms, conditions and requirements set forth in the RFQ documents and contained herein.

By signature hereon, Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Qualifications. Failure to sign the response, or signing it with a false statement, shall void the submitted response or any resulting contracts, and the Respondent may be removed from all bid lists.

By the signature hereon affixed, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership, or institution represented by the Respondent or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State or the Federal antitrust laws nor communicated directly or indirectly the response made to any competitor or any other person engaged in such line of business.

By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Rule 34 TAC 20.38.

Certifications:

Representations and Warranties by Respondent If Respondent is a corporation, limited liability company, or any other entity organized and existing under state law, Respondent warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver the Agreement, and the individual signing the Agreement on behalf of the Respondent has been duly authorized to act for and bind Respondent.

Tax Certification If Respondent is a taxable entity as defined by Chapter 171, Texas Tax Code (“Chapter 171”), then Respondent certifies that it is not currently delinquent in the payment of any taxes due under Chapter 171, or that Respondent is exempt from the payment of those taxes, or that Respondent is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable.

Eligibility to Receive Payment In accordance with Section 231.006 of the Texas Family Code and Sections 2155.004 and 2155.006 of the Texas Government Code, Respondent certifies that it is not ineligible to receive the Agreement or any payments under the Agreement and acknowledges that University may terminate the Agreement and/or withhold any payment and/or reimbursement if this certification is inaccurate.

Payment of Debt or Delinquency to the State Pursuant to Sections 2107.008 and 2252.903, Texas Government Code, Respondent agrees that any payments owing to Respondent under the Agreement may be applied directly toward any debt or delinquency that Respondent owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.

The person signing the Response should show title or authority to bind his/her firm in contract.

Federal Employer’s Identification Number:

Sole Owner should also enter Social Security No.:

Respondent/Company:

Signature (INK):

Name (Typed/Printed):

Title:

Street:

City/State/Zip:

Telephone No/Fax No:

Email.:

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S RESPONSE.

FAILURE TO SIGN AND RETURN THIS SHEET MAY RESULT IN THE REJECTION OF YOUR RESPONSE.

EXHIBIT B

ACKNOWLEDGEMENT OF ADDENDA

Receipt is hereby acknowledged of the following addenda to this RFP.

Addenda No. Dated

Respondent/Vendor Name:

(Signature)

EXHIBIT C

Non-Collusion Affidavit

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the “Respondents”), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other Respondent, or with any official of SFA or any employee thereof, or any person, firm or corporation under contract with SFA whereby the Respondent, in order to induce acceptance of the foregoing Proposal by said SFA, has paid or is to pay to any other Respondent or to any of the aforementioned persons anything of value whatsoever, and that the Respondent has not, directly or indirectly entered into any arrangement or agreement with any other Respondent or Respondent which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The Respondent hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and/or parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, potential Respondent, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other Respondents or potential Respondents, or to obtain through any unlawful act an advantage over other Respondents or SFA.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the Respondent without consultation with other Respondents or potential Respondents or foreknowledge of the prices to be submitted in response to this solicitation by other Respondents or potential Respondents on the part of the Respondent, its officers, partners, owners, providers, representatives, employees or parties in interest including the affiant.

CONFLICT OF INTEREST

The undersigned Respondent and each person signing on behalf of the Respondent certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of SFA, nor any member of its Board of Regents, employee, or person whose salary is payable in whole or in part by SFA, has a direct or indirect financial interest in the award of the Proposal, or in the services to which this Proposal relates, or any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature _____________________________________________

Company name ________________________________________

Date______________________

EXHIBIT D

Required Proposal Information

4.1 Each Proposal must include information that clearly indicates that Respondent meets each of the following minimum qualification requirements:

4.1.1 Respondent shall provide its operating and pricing philosophy for providing textbooks at the lowest possible price to students.

4.1.2 Respondent shall describe the merchandising and operating philosophy of company.

4.1.3 Respondent shall stipulate financial considerations and capital investment to be paid to university.

4.1.4 Respondent shall provide its customer service philosophy.

4.1.5 Respondent shall provide their operating policies and procedures to prevent credit card fraud and identity theft.

4.1.6 Respondent shall provide an organizational chart of their management structure.

4.1.7 Respondent shall indicate the percentage of discount offered to departments, faculty, staff, and alumni.

4.1.8 Respondent shall indicate whether a discount program will be made available to students.

4.1.9 Respondent shall indicate the method of payments that will be accepted.

4.1.10 Respondent shall provide its percentage mark up on new, used, and electronic textbooks.

4.1.11 Respondent shall indicate its ability to provide a textbook rental program.

4.1.12 Respondent shall indicate its ability to provide textbooks in an “e-book” format.

4.1.13 Respondent shall indicate its ability to provide “price match” options for textbook purchases.

4.1.14 Respondent shall provide its textbook buyback policy, including percentage of retail price that will be returned to students wishing to sell back textbooks in good condition.

4.1.15 Respondent shall provide a summary description of the qualifications and credentials for any proposed bookstore general manager and assistant manager(s).

4.1.16 Respondent shall describe its process and procedures for faculty textbook adaptations.

4.1.17 Respondent shall describe its policy with respect to allowing student backpacks and other personal items into the store.

4.1.18 Respondent shall address the company's willingness to provide employment opportunities to University’s students.

Students employed by Respondent must be paid, at a minimum, the prevailing federal minimum wage.

4.1.19 Respondent shall describe the training programs to be given to its store employees, including frequency of training sessions.

4.1.20 Respondent shall indicate its willingness to purchase any existing bookstore inventory from current bookstore operator.

4.2 Required Information in Proposals.

NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH INDIVIDUALS.

UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO

HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT INFORMATION ABOUT SUCH INDIVIDUALS

THAT IS INCORRECT.

Proposals must include substantive responses to all of the questions set forth in this Section 4. In preparing its proposal, the Respondent should (i) address the matters requested of Respondent in this Section 4 in the order presented below; and

(ii) begin each response by setting out both the applicable matter number and the specific wording of the request for information being addressed. In cases where a Respondent believes that a request for information does not apply or the Respondent is unable to respond to the request, the Respondent must indicate in reasonable detail why the request is not applicable or will not be responded to.

OPTION 1

A single physical location for both textbooks and retail merchandise

OPTION 2

E-Store (online purchase/ E- commerce presence) for textbooks and retail merchandise, In addition to a physical location(s) for retail merchandise and/or text books.

4.2.2 Identity Information. Provide the following information:

4.2.2.1 Legal name of the proposed Respondent and relationship with the Respondent if not the same entity

4.2.2.2 Assumed name (if any) under which Respondent would operate the bookstore

4.2.2.3 State of Respondent’s incorporation or formation, if Respondent is an entity

4.2.2.4 If Respondent is an entity, its state charter or formation number

4.2.2.5 Address of Respondent’s and if different, Respondent’s principal place of business

4.2.2.6 Address of Respondent’s office that would be providing service under the Agreement

4.2.2.7 Number of years Respondent has operated in the collegiate bookstore business.

4.2.2.8 Approximate number of Respondent’s employees, including approximate number of employees in Texas.

4.2.2.9 Approximate number of bookstores operated by Respondent, including approximate number of bookstores operated in Texas.

4.2.2.10 Respondent’s annual revenues from its bookstore operations for Respondent’s three prior fiscal years

4.2.2.11 Name of Respondent’s parent company (if any) NOTE: If Respondent is a subsidiary, University prefers to enter into a contract or agreement with the Parent Corporation or to receive assurances of performance from the Parent Corporation.

4.2.2.12 Name and Social Security Number for each person having at least 25% ownership interest in Respondent. This disclosure is mandatory pursuant to Section 231.006, Family Code, and will be used for the purpose of determining whether an owner of Respondent with an ownership interest of at least 25% is more than 30 days delinquent in paying child support.

Further disclosure of this information is governed by the Texas Public Information Act, Chapter 552, Government Code, and other applicable law.

4.2.3 Transition Plan.

4.2.3.1 Transition Plan. Describe Respondent’s transition plan for assuming operation of the existing store operations and each significant phase in the Respondent’s plan for ensuring a smooth transition from the current store operator to the Respondent.

4.2.3.2 University Current Book Inventory. Describe Respondent’s ability to purchase or acquire the existing bookstore saleable inventory, including but not limited textbooks, new, used, rental textbooks, trade and paperback books, technical and reference books, branded apparel, and other retail merchandise.

4.2.3.3 Furniture and Fixtures. Describe or list which of the existing furnishings and fixtures owned by university or current store operator and located in the store premises that the Respondent would desire to use in its operations.

4.2.4 Time Frame. Describe the time period(s) in which the Respondent proposes to complete each significant phase described in its answer to Section 4.2.3.

4.2.5 Financial Consideration.

4.2.5.1 Capital Contribution. University is interested in contracting with a Respondent that has the financial strength to pay University monetary consideration for the Lease and contribution of capital improvement dollars (“Capital Contribution”) to support facility improvements of the Premises, while maintaining sufficient working capital to fund its operations. Please indicate financial ability and Capital Contribution that Respondent would be willing to pay.

4.2.5.2 Base Fee. Describe the “Rent” (payments made monthly for the use of 12,096 square feet of space) (including any escalations) Respondent would pay University under the Agreement for the use of the campus store premises and/or the opportunity to serve the University’s Community.

4.2.5.3 One-Time Payment due at Signing. Describe the one-time payment Respondent would pay at signing under this Agreement.

4.2.5.4 Royalty or Percentage Sales. Describe the annual amount or formula for calculating the amount of any “Royalty” or “percentage of sales volume” Respondent would propose to pay to University under the Agreement. (Please note that University may not be paid royalty or percentage of sales volume on “Academic Materials” (as defined in Section 1.3.9).

4.2.5.5 Annual Percentage Sales Guarantee. Please provide an annual percentage sales guarantee that the Respondent would be willing to provide.

4.2.5.6 Advertising and Promotions Budget. Please provide the budget Respondent would allocate and expend annually in advertising and promotion expenses to ensure that the University’s bookstore remains competitive in the marketplace.

4.2.5.7 Cash Contributions for Renewal Options. Please provide the amount Respondent would contribute upon exercising each renewal option.

4.2.6 Other Consideration. The Contractor shall:

4.2.6.1 Provide all equipment supplies, signs, personnel, merchandise, and other items necessary to perform required services, including telephone, credit card machines and file servers for internet commerce.

4.2.6.2 Provide college student appropriate merchandise such as college of science lab equipment, personal protection equipment, college of nursing merchandise, etc.

4.2.6.3 Provide a professional display at outlet locations.

4.2.6.4 Offer a large and varied selection of "soft goods" such as computer supplies, office supplies, personal care items, emblematic apparel, memorabilia and other miscellaneous items that will be acceptable to the end user.

4.2.6.5 Offer quality merchandise to the University’s Community under pricing policies that are fair and competitive for like, or similar quality, as compared to other university bookstores and also with retail establishments in the surrounding area.

4.2.6.6 Keep apprised of new merchandise of interest to the University’s Community.

4.2.6.7 Provide staffing for efficient customer traffic flow during rush periods and minimize the time spent by customers waiting in lines.

4.2.6.8 Comply with ADA requirements necessary to meet the needs of disabled persons.

4.2.6.9 Be involved in the academic, cultural, athletic, and social environment of the University, taking advantage of opportunities to offer special merchandising such as game-by-game athletic promotions and other assistance based upon the University's activities.

4.2.6.10 Provide cap and gown sales and rental services for students, faculty, and staff.

4.2.6.11 Provide location for sales of class rings.

4.2.7 Use of Space. The Respondent chosen to operate the Premises shall:

4.2.7.1 Maintain all responsibility for the telecommunication setups, hook-ups, installation, copiers, marketing, and payment on all services.

4.2.7.2 Assume responsibility for all alterations, changes, or modifications to the assigned facilities (i.e., fixtures, partitions, displays, desks, etc.). All such changes must have prior written approval by the University.

4.2.7.3 Maintain operation of game-day merchandise operation at the William R. Johnson Coliseum and the Homer Bryce Stadium locations

4.2.7.4 Be responsible for the custodial service within the bookstore and shall maintain good, standard housekeeping practices relative to store front windows and other glass, sweeping, mopping of floors, dusting, trash disposal, and keeping aisles free of obstacles. The University shall be responsible for custodial services in the lobby and other common areas of the building.

4.2.7.5 Maintain Material Safety Data Sheets (MSDS) for any chemicals used or stored within the bookstore premises must be submitted to the Director of Environmental Health and Safety.

4.2.7.6 Be responsible for the repair or replacement cost of any damage to retail space caused by the misuse or negligence on the part of the its employees or customers, excluding ordinary wear and tear.

4.2.7.7 Report any damage to retail space within twenty-four (24) hours of the occurrence.

4.2.7.8 Be responsible for pest control services in the bookstore and notices of scheduled services must be posted in bookstore.

4.2.8 Equipment, Furniture, and Fixtures. The Contractor shall:

4.2.8.1 Provide all equipment, furniture and fixtures required for the proper execution of bookstore operations. This shall include but not be limited to office furniture, office equipment, display cases, shelving, cash registers, computers, merchandising units, printer, copiers, etc.

4.2.8.2 Provide their own Point-of-Sale system and terminals.

4.2.8.3 Indicate whether a personal storage area is required for students being served by the bookstore.

4.2.8.4 Provide maintenance and repair of all moveable fixtures and equipment furnished by Contractor and of university property or equipment used by Contractor for the life of the contract.

4.2.9 Operating Schedule. The Contractor shall be required to operate the bookstore on a twelve-month basis, based on the University's academic calendar (academic calendar updated periodically at https://graphite.sfasu.edu/events/academic-calendar . The University reserves the right to establish or change the service hours, plans or methods of operations of the bookstore.

4.2.10 Merchandising Rights. The University shall grant the Contractor the right to sell University licensed products, however the right is not exclusive. Exclusive rights do not include merchandise and services sold elsewhere within the campus by departments, student organizations and clubs, or through other arrangements.

4.2.11 Parking. Contractor’s staff are required to purchase valid parking permits from the University’s Parking and Transportation Services office. Contractor's staff will be responsible for payment of parking or traffic fines.

42.12 Official Website

4.2.12.1 Contractor shall establish and maintain an official, user-friendly Internet website related to the marketing, sale, and promotion of merchandise. Contractor shall obtain University approval on the content, layout, and design of the website. The University shall provide a link to the Contractor's website on the University's home page.

4.2.12.2 Contractor shall keep an updated inventory of all items for sale on the website.

4.2.12.3 Merchandise on website shall be similar to merchandise available in the store.

4.2.12.4 Contractor should be able to provide in-store pick up of items purchased online.

4.2.12.5 Contractor should have the willingness to use social media to promote the University’s bookstore.

4.2.13 University Responsibilities

4.2.13.1 University shall be responsible for paying the utility costs associated with the bookstore operation.

4.2.13.2 University shall be responsible for any maintenance or repairs to HVAC, electrical or plumbing issues.

4.2.13.3 University shall keep in good order, condition, and repair all common areas outside of the bookstore.

4.2.13.4 University shall provide telephone lines up to the premises; however, Contractor shall be responsible for costs associated with telephone services required for operations under the Agreement.

4.2.13.5 University shall notify Contractor of both estimated and actual enrollment figures.

https://graphite.sfasu.edu/events/academic-calendar

4.2.14 Textbooks

4.2.14.1 Contactor’s bookstore manager shall provide textbook adoption forms in paper and electronic format to University faculty addressing the quantity of books required, title of books, edition, and any study guides or peripheral items needed for classes.

4.2.14.2 Sufficient quantities of textbooks and related supplies and materials must be maintained as required or recommended by the faculty for university courses, including short-term and fast-track sessions.

4.2.14.3 Contactor must ensure that the specified editions of texts are available for sale.

4.2.14.4 Orders for textbooks must be placed in ample time for the books to arrive prior to the beginning of each semester.

4.2.14.5 Contactor must provide a wide selection of current trade, academic, and technical literature in support of required material for the academic disciplines of the University.

4.2.14.6 Contactor must provide timely responses to customers requiring special order literature and other such materials.

4.2.14.7 Contactor shall utilize industry standard, competitive and fair pricing structures for new and used textbooks, e-books, paperback books and trade books.

4.2.14.8 Contactor shall put forth their best effort to make maximum use of used books and e-books in order to decrease book costs to students.

4.2.14.9 Contactor must provide timely reports to faculty on the status of their orders for books, supplies, and other materials for their respective courses, including items determined to be unavailable, delayed in delivery, new editions, etc.

4.2.14.10 Contactor shall provide a desk copy of textbooks to university faculty who are unable to obtain a desk copy from publisher within a reasonable time period.

4.2.15 Book Buybacks. Respondent should indicate its willing to provide book buyback services, including frequency and buyback locations

4.2.15.1 Respondent shall indicate the percentage of retail price that will be given to students wishing to sell back used textbooks in good condition, providing the textbooks will be necessary for the following academic term.

4.2.15.2 Respondent shall provide their textbook buyback policy.

4.2.16 Sign-On Bonus. Describe any sign-on bonus or cash contributions the Respondent would pay University upon execution of the agreement.

4.2.17 Sponsorship Payments. Describe the annual sponsorship payment that the Respondent will make available to university as additional consideration in exchange for the qualified sponsorship recognition as defined in the Internal Revenue Code and Treasury Regulations. Sponsorship consideration may include scholarships and non- athletic sponsorship.

4.2.17.1 Respondent shall indicate their willingness to provide support for textbook scholarship(s) and or other types of scholarships.

4.2.17.2 Respondent shall indicate their willingness to participate in non-athletic sponsorships.

4.2.18 E-commerce Fee. Describe consideration offered to university for e- commerce models such as a pay per click fee, percentage of transaction or cost per sale.

4.2.19 Capital Improvement Contribution. Indicate whether Respondent would be willing to contribute funds to be used towards capital improvements to the Premises either in the form of a one-time payment or amortized over the initial term of the Lease.

4.2.20 Other Consideration. Describe any other consideration the Respondent would pay to University under the Agreement

4.2.21 Discounts. Respondent must provide a detailed list of all categories of products offered to the University with the associated Manufacturer’s Suggested Retail Price (“MSRP”) and any discount offered to university on purchase for university use as follows.

Discount for Product

Product Description Discount List Promotional Product Offerings

Other Product…