ESBD_File_351876_ISSUED - RFP 750-22 23-14 University Campus Bookstore.pdf

REQUEST FOR PROPOSAL

by

The University of Texas at Tyler for

Selection of an Operator to Operate a

University Campus Bookstore

RFP No. 750-22/23-14

Submittal Deadline: April 01, 2024

Issued: February 18, 2024 Prepared By:

Sheila Darcey, CTCD Senior Procurement Specialist Procurement Services The University of Texas at Tyler 3900 University Blvd Tyler, Texas 75799

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

SECTION 1: INTRODUCTION

SECTION 2: NOTICE TO PROPOSER

SECTION 3: SUBMISSION OF PROPOSAL

SECTION 4: GENERAL TERMS AND CONDITIONS

SECTION 5: ADDITIONAL QUESTIONS AND OPERATIONAL REQUIREMENTS

SECTION 6: PROPOSER’S FINANCIAL PROPOSAL

Attachments: (See Attachments Below in Bonfire)

APPENDIX ONE: PROPOSAL REQUIREMENTS

SECTION 1, GENERAL INFORMATION

SECTION 2, EXECUTION OF OFFER

SECTION 3, PROPOSER’S GENERAL QUESTIONNAIRE

SECTION 4, ADDENDA CHECKLIST

APPENDIX TWO: SAMPLE AGREEMENT

APPENDIX THREE: NOT USED - HUB SUBCONTRACTING PLAN

APPENDIX FOUR: FLOOR PLAN OF BOOKSTORE

APPENDIX FIVE: ACCESS BY INDIVIDUALS WITH DISABILITIES

APPENDIX SIX: ELECTRONIC AND INFORMATION RESOURCES

ENVIRONMENT SPECIFICATIONS

APPENDIX SEVEN: SUMMARY OF GROSS SALES BY MERCHANDISE

CATEGORY

APPENDIX EIGHT: CERTIFICATION OF INTERESTED PARTIES (FORM 1295)

APPENDIX NINE: CAMPUS MAP

APPENDIX TEN: SECURITY CHARACTERISTICS AND FUNCTIONALITY OF

CONTRACTOR’S INFORMATION RESOURCES

APPENDIX ELEVEN: INFORMATION SECURITY APPLICATION RISK ASSESSMENT

APPENDIX TWELVE: PERFORMANCE BOND

APPENDIX THIRTEEN: PAYMENT BOND

SECTION 1

INTRODUCTION

1.1 Description of University

With a mission to improve educational and healthcare outcomes for East Texas and beyond, The University of Texas at Tyler (“University”) offers more than 80 undergraduate and graduate programs to 10,000 students. UT Tyler recently merged with The University of Texas Health Science Center at Tyler (now known as the UT Tyler Health Science Center). *Aspire 15,000 Through its alignment with the HSC, UT Tyler has unified these entities to serve Texas with quality education, cutting-edge research and excellent patient care. Classified by Carnegie as a doctoral research institution and by U.S. News & World Report as a national university, UT Tyler has campuses in Tyler, Longview, Palestine and Houston.

In addition, in-person education at our four campuses, UT Tyler offers online classes. In summer 2023, UT Tyler began educating its first class for the School of Medicine.

1.2 Background and Special Circumstances

A bookstore (“Bookstore”), currently operated by Barnes and Noble, is located on University’s main campus at 3060 Alumni Circle, Tyler, Texas (“Campus”). The Campus Bookstore serves the curriculum needs of our students, as well as the needs of our faculty, researchers, and staff.

The Bookstore also supports the needs of future students, guests, graduates and alumni by providing sundry merchandise, UT Tyler clothing and any other needs requested to meet the needs of University.

The Bookstore has been independently operated by Barnes and Noble since 2009. The existing physical space is approximately 8,000 square feet located on the second floor of the University Center “UC”) (“Premises”).

Proposers may visit the official Campus Bookstore website at:

https://uttyler.bncollege.com/?storeId=65060&catalogId=10001

The Bookstore is currently operated with one (1) full-time employee and two (2) part-time employees. UT Tyler faculty and staff receive a 10% discount and departments receive a 20% discount.

Gross annual sales from the Bookstore for the past four fiscal years (FY) are as follows:

Fiscal Year Gross Annual Sales

2018 – 2019 $440,848.82

2019 – 2020 $326,749.70

2020 – 2021 $309,455.35

2021 – 2022 $448,603.03

2022 - 2023 $383,832.34

THE UNIVERSITY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND OR

NATURE, EXPRESS OR IMPLIED, AS TO THE SUITABILITY OF THE PROPOSED PREMISES

FOR PROPOSER’S PURPOSES. THE UNIVERSITY MAKES NO REPRESENTATION OR

GUARANTY OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, THAT ANY PARTICULAR

VOLUME OR SCOPE OF GOODS AND SERVICES WILL ACTUALLY BE REQUIRED OR

PURCHASED BY THE UNIVERSITY’S COMMUNITY FROM THE PROPOSED PREMISES.

THE UNIVERSITY MAKES NO REPRESENTATION OR COMMITMENT OF ANY KIND OR

NATURE, EXPRESS OR IMPLIED, THAT THE UNIVERSITY WILL USE OR PURCHASE ANY

https://uttyler.bncollege.com/?storeId=65060&catalogId=10001

GOODS AND SERVICES FROM THE PROPOSED PREMISES AND NONE SHOULD BE

IMPLIED OR ASSUMED.

The University’s student enrollment, faculty and staff figures are indicated below:

Fall 2023 Semester Enrollment 9,678

Current Number of Faculty and Staff 1,349

1.3 Objective of Request for Proposal

University desires to license space on its main campus for the operation of a bookstore serving the University’s students, faculty, employees, and staff (“Campus Community”). Through this Request for Proposal (“RFP”), University is soliciting proposals from qualified, responsive parties for the license of space for the operation of a University Campus Bookstore in the Premises. The University’s goals in this RFP are to:

• Select from the parties responding to this RFP a qualified bookstore operator (“Operator”) that will both provide the University Community with the best possible combination of quality, customer service, and fair product prices offered by the Operator to the University Community at the University Campus Bookstore; and maximize the financial return to the University for the Operator’s use of the Premises on University’s main campus to operate the University Campus Bookstore; and

• Enter into an agreement (“Agreement”) with Operator (“Operator”) to license the Premises that will assist the University with meeting all regulatory guidelines pertaining to adoption and cost of course materials (textbooks, software, etc.), OER/OER+, tracking of pertinent data and reporting.

• Enter into an agreement with Operator that will actively engage in education collaboration in support of the University’s strategic plan. Strategic Plan may be found at the following link. https://www.uttyler.edu/president/files/2022-ut-tyler-strategic-plan.pdf

• Enter into an agreement (“Agreement”) with the Operator to license the Premises for the operation of University Campus Bookstore for an initial term of ten (10) years, with University having the right to renew the Agreement for up to five (5) additional one (1) year terms. The Agreement will, in the sole discretion of University, either be of substantially the form attached as Appendix 2 of this RFP.

Note: In accordance with the policies of The University of Texas System, University requires that the compensation structure under any agreements resulting from this RFP not include a payment based on a percentage royalty directly tied to the sales of Academic Materials. “Academic Materials” means any and all printed, digital, compiled or computer-generated educational materials, including books, whether sold or rented, that a student is required or recommended to use in connection with an educational course offered by University on its campus.

https://www.uttyler.edu/president/files/2022-ut-tyler-strategic-plan.pdf

1.4 Existing Agreements

University reserves the right to establish Third Party Contracts. University currently has separate contracts (“Third Party Contracts”) granting various rights to third parties to sell and/or market services and goods on Campus. The third parties and rights summarized below:

1.4.1 Snack Vending. Non-exclusive contract with Moran Refreshments for the operation of snack vending machines on the main Campus and Palestine Campus.

1.4.2 Snack Vending. Non-exclusive contract with Wilmore Snacks for operation of snack vending machines on the Longview Campus.

1.4.3 Food Services. Non-exclusive contract with Sodexo Services of Texas Limited

Partnership for the sale of retail food products, campus food service, branded concepts and catering on the Campus.

1.4.4 Official Ring Program – Exclusive contract with Jostens, Inc. for the sale and distribution of the official University ring and related jewelry.

1.5 Discounted Microsoft Software.

University participates in a System-wide agreement with other member institutions of The University of Texas System for purchasing discounted Microsoft® software products. University reserves the right to determine which software products the selected Proposer will offer for sale in the University Campus Bookstore and to limit to whom and on what terms such software shall be made available, so University may comply with its obligations under any and all applicable licensing and related agreements. Currently University contracts with a third-party provider to sell discounted Microsoft Software electronically to students, faculty and staff.

1.6 Public Information

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed.

https://www.texasattorneygeneral.gov/open-government/members-public/overview-public-information-act

SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

University will accept proposals until 3:00 p.m. Central Time, on Monday, April 01, 2024 (“Submittal Deadline”).

2.2 RFP Contact Information and Questions

Interested parties may direct questions about this RFP to University’s point-of-contact (“University Contact”) via the BonfireHub website https://uttyler.bonfirehub.com.

University Contact is:

Sheila Darcey, CTCD, Senior Procurement Specialist The University of Texas at Tyler 3900 University Blvd Tyler, Texas 75799

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 Monday, March 04, 2024 (“Question Deadline”), A Proposer that contacts someone other than University Contact regarding the solicitation may be disqualified.

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.

2.3 Criteria for Selection

The successful Proposer (“Operator”), 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.

Proposer is encouraged to propose terms and conditions offering the maximum benefit to University in terms of (1) services to the Campus Community, (2) total overall compensation to University, (3) bookstore operations expertise, (4) ability to enhance the educational and co-curricular experience of students and (5) collaborate with University to help keep all aspects of attending the University affordable. Proposer will pursue not only affordable course material options including textbooks but also affordable merchandise.

The evaluation of Proposals and the selection of Operator 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 Operator, will include the following factors:

2.3.1 Threshold Criteria Not Scored

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

https://uttyler.bonfirehub.com/

2.3.2 Scored Criteria

2.3.2.1 Cost of Goods and Services;

2.3.2.2 Proposer's reputation and demonstration of its competence, experience and prior success operating bookstores in environments similar to a university campus;

2.3.2.3 Quality, variety and cost of the books and the other goods and services Proposer offers to University and the University Community;

2.3.2.4 Extent to which Proposer's proposed operations meet University's needs and its students, faculty, employees and staff;

2.3.2.5 Proposer's past relationship (if any) with University and the other institutions of The University of Texas System;

2.3.2.6 Total long-term cost and revenue, capital improvements, and other financial consideration the Proposer will provide to University if the Proposer is selected and the nature and scope of the compensation that the Proposer proposes to pay University in consideration of using the Premises, related parking and access rights, and for the right to operate the store;

2.3.2.7 Proposer’s exceptions to the terms and conditions set forth in Section 4 of this

RFP;

2.3.2.8 Proposer’s exceptions to the Operational Requirements set forth in Section 5.3 of this RFP;

2.3.2.9 Proposer's demonstration of its capacity in terms of financial resources to lease, finish-out, install, stock and operate the stores in conformity with the terms of the Agreement;

2.3.2.10 Consistency and compatibility of the Proposer's proposal with the University's plans and business needs;

2.3.2.11 Assurance of access to all publishers and providers of college textbooks and instructional materials, with exception to unusual or out of print materials;

2.3.2.12 Ability to provide adequate accessible course materials.

2.4 Key Events Schedule

Date RFP Issued February 18, 2024

Question Deadline March 04, 2024 (ref. Section 2.2)

Submittal Deadline 3:00p.m. Central Time on Monday, April 01, 2024 (ref. Section 2.1)

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, Operator subcontracts any operational requirements, then Operator 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 operational requirements will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of operational requirements 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 Texas Administrative Code (TAC)

§20.285, and has determined that subcontracting opportunities are not probable under this

RFP.

2.5.3 A HUB Subcontracting Plan (“HSP”) is not a required part of the proposal.

2.6 Pre-Proposal Conference - Reserved

2.7 Site Visit

The University is an open campus and we invite you to tour the University Campus Bookstore located on the second floor of the University Center at 3060 Alumni Circle, Tyler, TX, 75799. (ref.

APPENDIX FOUR, Floor Plan of Bookstore and APPENDIX NINE, Campus Map).

2.7.1 Site visits will be available Monday, February 26, 2024 – Friday, March 01, 2024, 9:00am

– 3:00pm. Please contact Ona Tolliver, Senior Vice President, Student Services, Student Success @ otolliver@uttyler.edu to schedule your site visit tour.

http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 http://texreg.sos.state.tx.us/public/readtac$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 mailto:otolliver@uttyler.edu

SECTION 3

SUBMISSION OF PROPOSAL

3.1 Proposal Submission Requirements

Proposer must submit one (1) complete copy of its entire Proposal on or before the Submittal Deadline (ref. Section 2.1 of this RFP) as follows:

• Proposals shall be submitted online using the BonfireHub website currently found at https://uttyler.bonfirehub.com . Submissions by other methods will not be accepted.

• Submission shall include one (1) complete electronic copy of each requested document under “Requested Information” in the Bonfire Portal.

• 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 copy of the Proposal.

• Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

• Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

• Submissions may be amended, but only before the Submission Deadline. Respondents wishing to amend their Proposal may amend before the Submission Deadline directly on the BonfireHub website https://uttyler.bonfirehub.com.

3.2 Proposal Validity Period

Each proposal must state that it will remain valid for University’s acceptance for a minimum of one hundred eighty (180) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

3.3 Terms and Conditions

3.3.1 Proposer must comply with the requirements and specifications contained in this RFP, including the Sample Agreement (ref. APPENDIX TWO), the Notice to Proposer (ref.

Section 2), Proposal Requirements (ref. APPENDIX ONE) and the Additional Questions and Operational Requirements (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:

3.3.1.1 Additional Questions and Operational Requirements (ref. Section 5).

3.3.1.2 Sample Agreement (ref. APPENDIX TWO).

3.3.1.3 Proposal Requirements (ref. APPENDIX ONE).

3.3.1.4 Notice to Proposer (ref. Section 2).

https://uttyler.bonfirehub.com/ mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc https://uttyler.bonfirehub.com/

3.4 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:

3.4.1 Signed and Completed Execution of Offer (ref. Section 2 of APPENDIX ONE)

3.4.2 Signed and Completed Proposer’s Financial Proposal (ref. Section 6 of RFP)

3.4.3 Responses to Proposer's General Questionnaire (ref. Section 3 of APPENDIX ONE)

3.4.4 Signed and Completed Addenda Checklist (ref. Section 4 of APPENDIX ONE)

3.4.5 Responses to questions and requests for information in the Additional Questions and

Operational Requirements (ref. Section 5 of RFP)

3.4.6 Signed and completed Access by Individual with Disabilities (ref. APPENDIX FIVE)

3.4.7 Signed and completed Electronic and Information Resources Environment Specifications

(ref. APPENDIX SIX)

3.4.8 Exceptions to General Terms and Conditions (ref. Section 4 of RFP)

3.4.9 Responses to questions and requests for information in APPENDIX TEN, Security

Characteristics and Functionality of Contractor’s Information Resources

3.4.10 Information requested in APPENDIX ELEVEN, Information Security Application Risk

Assessment.

SECTION 4

GENERAL TERMS AND CONDITIONS

The terms and conditions contained in APPENDIX TWO, Sample Agreement) or, in the sole discretion of University, terms and conditions substantially similar to those contained in the Sample Agreement, will become part of and constitute and govern any agreement that results from this RFP. If Proposer takes exception to any terms or conditions set forth in APPENDIX 2, 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 proposal.

SECTION 5

ADDITIONAL QUESTIONS AND OPERATIONAL REQUIREMENTS

SECTION 6

PROPOSER’S FINANCIAL PROPOSAL