ITN 2025-09NCSA Snack Vending.pdf

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Snack Vending Services
Solicitation number
ITN-15621
Issued by
Orange County, Orlando City, Florida

About this file

This is an Invitation to Negotiate (ITN) issued by the University of Central Florida (UCF) for snack vending services across the main campus and affiliated locations in Orlando, Florida. UCF seeks a qualified supplier to provide snack food, hot coffee, hot beverages, milk, and ice cream products through vending machines at the main campus, Rosen School of Hospitality, UCF Academic Health Sciences Campus in Lake Nona, and UCF Downtown Campus. The supplier must provide a minimum of 100 vending machines, with approximately 101 machines currently operational on campus. The deadline for submitting written inquiries is April 17, 2026 at 5:00 PM EST, and the proposal submission deadline is May 6, 2026 at 2:00 PM EST via UCF's Bonfire Web Portal. No bidder's conference or site visit is required. The contract will commence on August 1, 2026 and end on July 31, 2031, with renewal options not to exceed 5 years or twice the original term, whichever is longer. Recent annual snack vending sales totaled $574,024 (FY2023), $708,642 (FY2024), and $715,167 (FY2025).

The supplier will provide all vending machines, equipment, commodities, supplies, maintenance, labor, and management at no cost to UCF, with no subsidy or management fees permitted. All machines must be new or refurbished (less than 5 years old), Energy Star rated, and ADA compliant. Commission rates are based on gross receipts minus applicable sales tax, with the contractor paying UCF the greater of a minimum annual guarantee or the calculated commission percentage. The supplier must maintain service response capabilities of four hours for notifications before noon and 24 hours for after-noon or weekend notifications on weekdays. All machines must accept debit/credit payments and digital wallets, with cash capability determined by mutual agreement. Product selection requires University approval, and pricing increases must be justified and approved. UCF has an exclusive pouring rights agreement with Coca-Cola, restricting hot beverages to fresh-brewed options only. The supplier must provide monthly sales reports by machine ID and location by the 25th of each month, maintain separate accounting records, and retain documentation for three years beyond contract termination. Evaluation criteria include experience and qualifications (15 points), service delivery plan with sales focus (25 points), commissions and pricing (30 points), management and implementation plan (20 points), marketing (5 points), and conformance to requirements (5 points), for a total of 100 points.

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SUBMIT OFFER TO:

Via Bonfire Web Portal

UNIVERSITY OF CENTRAL FLORIDA

www.procurement.ucf.edu https://ucfprocurement.bonfirehub.com/opportunities/230545 Your submission must be uploaded, submitted, and finalized prior to the closing time on May 6, 2026 @ 2:00 PM EST. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before the closing time to begin the uploading process and to finalize your submission. See Appendix 3 for submittal instructions.

University of Central Florida

INVITATION TO NEGOTIATE

Contractual Services

Acknowledgement Form

Page 1 of 47 Pages OFFERS WILL BE OPENED May 6, 2026 @ 2:00 PM EST and may not be withdrawn within 120 days after such date and time.

ITN NO. 2025-09NCSA

UNIVERSITY ADVERTISING DATE:

April 8, 2026

ITN TITLE: Snack Vending Services

FEDERAL EMPLOYER IDENTIFICATION NUMBER

SUPPLIER NAME REASON FOR NO OFFER:

SUPPLIER MAILING ADDRESS

CITY - STATE - ZIP CODE

P O S T I N G O F P R O P O S A L T A B U L A T I O N S

AREA CODE TELEPHONE NUMBER

FAX:

EMAIL:

Proposal tabulations with intended award(s) will be posted for review by interested parties on the Procurement Services solicitation webpage and will remain posted for a period of 72 hours. Failure to file a protest in accordance with BOG regulation 18.002 or failure to post the bond or other security in accordance with BOG regulation 18.003 shall constitute a waiver of protest proceedings.

I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this offer and certify that I am authorized to sign this offer for the Supplier and that the Supplier is in compliance with all requirements of the Invitation To Negotiate, including but not limited to, certification requirements. In submitting an offer to an agency for the State of Florida, the Supplier offers and agrees that if the offer is accepted, the Supplier will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the state of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the procurement agency tenders final payment to the Supplier.

GENERAL CONDITIONS

1. SEALED OFFERS: All offer sheets and this form must be executed and submitted as specified in Section 2.6. Offer prices not submitted on any attached price sheets when required shall be rejected. All offers are subject to the terms and conditions specified herein. Those which do not comply with these terms and conditions are either automatically rejected with respect to non-compliance with non-negotiable terms and conditions or may be rejected, at UCF’s sole discretion, with respect to any other terms and conditions.

2. EXECUTION OF OFFERS: Offers must contain a manual signature of the representative authorized to legally bind the Respondent to the provisions herein. Offers must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Supplier are to be initialed.

3. NO OFFER SUBMITTED: If not submitting an offer, respond by returning only this offer acknowledgment form, marking it "NO OFFER," and explaining the reason in the space provided above. Failure to respond without justification may be caused for removal of the company’s name from the solicitation mailing list. NOTE: To qualify as a respondent, the Supplier must submit a “NO OFFER” and it must be received no later than the stated offer opening date and hour.

AUTHORIZED SIGNATURE (MANUAL)

AUTHORIZED NAME (TYPED)

TITLE

CONTACT NUMBER

4. PRICES, TERMS AND PAYMENT: Firm prices shall be negotiated and include all services rendered to the purchaser.

(a) TAXES: The State of Florida is a tax-immune sovereign and exempt from the payment of all sales, use and excise taxes

(b) DISCOUNTS: Cash discount for prompt payment shall not be considered in determining the lowest net cost for offer evaluation purposes.

(c) MISTAKES: Proposers are expected to examine the conditions, scope of work, offer prices, extensions, and all instructions pertaining to the services involved. Failure to do so will be at the Proposer’s risk.

(d) INVOICING AND PAYMENT: All Suppliers must have on file a properly executed W-9 form with their Federal Employer Identification Number prior to payment processing.

Suppliers shall submit properly certified original invoices to:

kNEXT 3544 Perseus Loop #160975 Orlando, Florida 32816

Invoices for payment shall be submitted in sufficient detail for a proper pre-audit and post audit. Prices on the invoices shall be in accordance with the price stipulated in the contract at the time the order is placed. Invoices shall reference the applicable contract and/or purchase order numbers. Invoices for any travel expenses shall be submitted in accordance with the State of Florida travel rates at or below those specified in Section 112.061, Florida Statutes and applicable UCF policies.

Final payment shall not be made until after the contract is complete unless the University has agreed otherwise.

Interest Penalties: Supplier interest penalty payment requests will be reviewed by the UCF Supplier ombudsman whose decision will be final.

Supplier Ombudsman: A Supplier ombudsman position has been established within the UCF Division of Finance. It is the duty of this individual to act as an advocate for Suppliers who may be experiencing problems in obtaining timely payments(s) from the University of Central Florida. The Supplier ombudsman can be contacted at (407) 882-1082 or by mail at the address in paragraph 4(d) above.

The ombudsman shall review the circumstances surrounding non-payment to determine if an interest payment is due, the amount of the payment; and shall ensure timely processing and submission of the payment request in accordance with University policy.

5. The Board of Trustees may not request documentation of or consider a Supplier’s social, political, or ideological interests when determining if the Supplier is a responsible Supplier. Additionally, the Board of Trustees may not give preference to a Supplier based on Supplier’s social, political, or ideological interests.

Invitation to Negotiate Acknowledgment Form (revised 4/7/25)

UNIVERSITY OF CENTRAL FLORIDA

INVITATION TO NEGOTIATE (ITN) NUMBER 2025-09NCSA

FOR

SNACK VENDING SERVICES

TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 Statement of Objective………………………………………………

1.2 Contract Award……………………………………………………...

1.3 UCF Environment…………………………………………………...

2.0 GENERAL CONDITIONS

2.1 Authorized UCF Representative/Public Notices/UCF Discretion….

2.2 Approximate Calendar of Events……………………………………

2.3 Respondent Communications and/or Inquiries……………………..

2.4 Respondent Conference and Site Visit…………………………….

2.5 Written Addenda…………………………………………………….

2.6 Offer Due/Proposal Opening Date…………………………………

2.7 Section Not Used……………………………………………………

2.8 Evaluation Criteria and Selection Process………………………….

2.9 Posting of Recommended Selection………………………………...

2.10 Offer Validity Period………………………………………………..

2.11 Disposition of Offers/Florida Public Records Law Compliance…….

2.12 Economy of Presentation……………………………………………

2.13 Restricted Discussions/Submissions………………………………...

2.14 Verbal Instructions Procedure………………………………………

2.15 State Licensing Requirements………………………………………

2.16 Parking………………………………………………………………

2.17 Definitions…………………………………………………………...

2.18 Procurement Rules…………………………………………………..

2.19 Force Majeure……………………………………………………….

2.20 Limitation of Remedies, Indemnification, and Insurance………….

2.21 Term of Contract……………………………………………………

2.22 Cancellation/Termination of Contract………

2.23 Assignment and Amendment of Contract…………………………..

2.24 Independent Parties………………………………………………….

2.25 Performance Investigations…………………………………………

2.26 Records……………………………………………………………...

2.27 Public Records………………………………………………………

2.28 Public Records, Service Contracts, Compliance 119.0701, FS

2.29 Severability………………………………………………………….

2.30 Notices………………………………………………………………

2.31 Governing Law and Venue………………………………………….

2.32 Liaison………………………………………………………………

2.33 Subcontracts…………………………………………………………

2.34 Employment of UCF Personnel……………………………………..

2.35 Conflict of Interest…………………………………………………..

2.36 Equal Opportunity Statement……………………………………….

2.37 Waiver of Rights and Breaches……………………………………..

2.38 Headings Not Controlling…………………………………………...

2.39 Employee Involvement/Covenant Against Contingent Fees……….

2.40 Employment of Aliens………………………………………………

2.41 Site Rules and Regulations………………………………………….

2.42 Travel Expenses……………………………………………………..

2.43 Annual Appropriations………………………………………………

2.44 Taxes………………………………………………………………...

2.45 Contractual Precedence……………………………………………..

2.46 Use of Contract by Other Government Agencies…………………...

2.47 Public Entity Crimes………………………………………………...

2.48 Work for Hire……………………………………………………….

2.49 Export Control………………………………………………………

2.50 Nonnegotiable Conditions and Requirements………………………

2.51 2.52 2.53 2.54 2.55 2.56 2.57

Revised Quantities…………………………………………………..

Family Educational Rights and Privacy Act ………………………...

Smoke Free Policy…………………………………………………..

UCF Policies ………………………………………………………..

Contact with Minor Children……………………………………… .

Reporting of Child Abuse…………………………………………..

Secure Handling of UCF Data………………………………………

2.58 Employee Background Checks……………………………………..

2.59 E-Verify……………………………………………………………

3.0 REQUIRED OFFER FORMAT

3.1 Introduction………………………………………………………….

3.2 Respondent/Offer Sections…………………………………………..

4.0 OTHER REQUIREMENTS ………………………………………

ATTACHMENT A FINANCIAL OFFER

ATTACHMENT B PRODUCT PRICING

ATTACHMENT C CURRENT MACHINE LOCATIONS

APPENDIX I TERMS AND CONDITIONS

APPENDIX II COMPLIANCE AND CERTIFICATION OF GOOD STANDINGS

APPENDIX III EUNA SUBMISSION INSTRUCTIONS FOR SUPPLIERS

1.0 INTRODUCTION

1.1 Statement of Objective

The objective of this Invitation to Negotiate (ITN) is to enable the University of Central Florida (UCF) to enter into an agreement with a Supplier to provide snack food, hot coffee and hot beverage vending services for the main campus, and at other campuses as directed by the University, as described herein. The snack Supplier will provide a variety of snacks, including traditional items and healthy options, milk, hot coffee, hot beverages, and ice cream products.

Specifically, this Contract provides for the non-exclusive rights and obligations for snack food and hot coffee and hot beverage vending services.

Facilities / Locations

Supplier is to provide vending services at the following facilities/locations described below:

UCF Main Campus (including UCF occupied spaces within the Central Florida Research Park)

• Rosen School of Hospitality

• UCF Academic Health Sciences Campus (located in Lake Nona)

• UCF Downtown Campus

The Successful Respondent, if any, will enter into a contract with UCF that provides for the performance of all terms and conditions set forth in this ITN, unless UCF has agreed to accept or negotiate certain terms and conditions, as described in Section 2.3. Non-negotiable terms and conditions (as indicated in Appendix I) must always be performed by the Respondent.

1.2 Contract Award

UCF intends to award a contract or contracts resulting from this solicitation to the responsible Respondent(s) whose offer(s) represent the best interest to UCF, after evaluation in accordance with the criteria in this solicitation. The Contract will include this solicitation document and the Successful Respondent’s proposal and all the terms and conditions found in any resulting contract. A sample of UCF’s standard terms and conditions can be viewed at https://procurement.ucf.edu. The Contract will also incorporate any clarifications and, if negotiations are conducted, any additional terms and conditions that are negotiated.

A. UCF may reject any or all offers if such action is in UCF’s best interest.

B. UCF reserves the right and sole discretion to reject any offer at any time on grounds that include, but are not limited to, the Respondent’s offer being found to be nonresponsive, incomplete, or irregular in any way, or when the Respondent’s offer is not in UCF’s best interest.

C. UCF may waive informalities and minor irregularities in offers received.

D. UCF reserves the right to award a contract without negotiations. Therefore, the Respondent’s initial offer should contain the best terms from a cost or price and technical standpoint.

E. UCF reserves the right to conduct negotiations with the proposer(s) whose offer may be deemed in the best interest of the university.

F. UCF reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the respondent specifies otherwise in the offer.

G. UCF reserves the right to make multiple awards if, after considering the additional administrative costs, it is in UCF’s best interest to do so.

H. UCF is not obligated to make an award under or as a result of this solicitation.

1.3 UCF Environment

The UCF Main Campus is 13 miles east of downtown Orlando and adjacent to one of the top research parks in the nation. The university also has a fully accredited College of Medicine, founded in the Medical City at Lake Nona.

With more than 69,000 students, UCF is the second-largest university by enrollment in the nation. UCF researchers received $204 million in fiscal year 2020 for funded research. In Fall 2020, the freshman class had an average SAT combined score of 1332, the Burnett Honors College enrolled 1872 students, and the number of incoming National Merit Scholars ranked UCF among the top 40 colleges and universities.

The university offers 224-degree programs with 99 bachelor’s, 88 master’s, 34 doctoral and 3 specialists degree programs, and leads all universities in Florida in conferring more than 16,000 degrees a year. UCF is committed to innovative community partnerships, world-class research with local impact, and the integration of technology and learning. from UCF’s main campus, hospitality campus, health sciences campus and its ten regional locations.

Athletics Program

UCF is a member of the National Collegiate Athletic Association (NCAA) and the American Athletic Conference. For additional information regarding UCF Athletics please visit www.ucfknights.com. In addition, UCF offers many recreational sports including intramural sports, club sports, and fitness programs.

Campus Life

UCF has over 650 social clubs and organizations, plus an array of academic resources to help students succeed in school and as alumni. From orientation to graduation, the UCF experience creates opportunities that last a lifetime.

Academic Calendar

The University of Central Florida academic schedule consists of two semesters (Fall and, Spring), and the Summer term. The Fall and Spring semesters are approximately 14 weeks long, with a 4-week break (no classes held) between semesters. The Summer term ranges from 6 to 12 weeks.

University Dining Facilities and Services

Residential dining is comprised of two main dining facilities: “63’ South” which is located on the southern end of the campus, is approximately 19,500 square-feet, has a seating capacity of 500, and is currently severing on average 3,100 meals per day. The other dining facility is “Knightros” which is located on the northern end of campus at Knights Plaza, is approximately 16,200 square feet.

Housing

On-campus and affiliated housing includes 11 communities and provides beds for approximately 12,000 students ranging from first-year to graduate students.

Knights Plaza

Knights Plaza is the “Campus Town Center” and sits at the north end of the University of Central Florida's Orlando Campus. The plaza includes housing for more than 2,000 students in four towers, 183,000 square feet (17,000 m2) of commercial space, a 10,000-seat Arena, and a 2,300-seat Venue. The Arena hosts a diverse lineup of shows, entertainers, and special events, and is home to UCF’s men’s and women’s basketball.

Additional information available at http://www.ucf.edu/about_ucf

1.4 UCF Contract Expectations

A. The Proposer must have the ability, experience, and resources to efficiently and effectively operate a snack vending operation, as well as to enhance the future growth of vending services on the UCF Campus. The Successful Proposer will furnish, at no cost to the university, all the vending machines, equipment, commodities, supplies, maintenance, labor, management and marketing necessary for the efficient and profitable operation of the vending operations on UCF Campus in the agreed upon locations. The university will not consider any proposal that requires the subsidizing of the operations by the university or a management fee type arrangement.

B. The vending machines must be capable of continuously supplying the university community during regular business operational hours; day, evening, and weekend classes; semester breaks; and all other hours. Many of the vending machines will be available to the university community 24 hours a day, 365 days a year. The successful proposer will stock the machines, perform maintenance and repair services, and respond to requests for services, at a minimum, during the hours of 8 AM to 5 PM, Monday through Friday, excluding University holidays. The service component is extremely important to the university and as such the university will consider this a key component of the evaluation of this request.

C. Proposer’s offer shall include a minimum of 100 snack vending machines to be placed on the UCF Campus and affiliated locations. Presently, there are 101 vending machines on the UCF Campus and affiliated campuses. Approximate annual snack vending sales for the last three fiscal years (July – June) are:

FY2023 - $574,024

FY2024 - $708,642

FY2025 - $715,167

D. Refer to Section 4.0 for specific operational requirements

2.0 GENERAL CONDITIONS

2.1 Authorized UCF Representative/Public Notices/UCF Discretion

The Respondent’s response to this ITN and any communications and/or inquiries by the Respondent during this ITN process shall be submitted in writing to the individual and address stated below. Inquiries are preferred via email. UCF will consider only those communications and/or inquiries submitted in writing to the individual below on or before the date and time specified in Section 2.2, “Calendar of Events.” To the extent UCF determines, in its sole discretion, to respond to any communications and/or inquiries, such response will be made in writing in the form of an addendum. UCF shall not accept or consider any written or other communications and/or inquiries (except an offer) made between the date of this deadline and the posting of an award, if any, under this ITN.

Nellie Nido Procurement Services Department 3544 Perseus Loop #160975 Orlando, FL 32816-0975 nellie.nido@ucf.edu

Advance notice of public meetings regarding this ITN, if UCF determines at its sole discretion whether any such meetings will be held, will be in writing and posted on the UCF Procurement Services website. Additionally, any portion of a meeting at which a negotiation with a Supplier is conducted pursuant to a competitive solicitation at which a Supplier makes an oral presentation or at which a Supplier answers questions is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. This also includes any portion of a team meeting at which negotiation strategies are discussed. All such meetings shall be conducted in accordance with Chapter 286 of the Florida Statutes. UCF also reserves the right and sole discretion to REJECT any offer at any time on grounds that include, without limitation, either that an offer is nonresponsive to the ITN or is incomplete or irregular in any way, or that a responsive offer is not in UCF’s best interest.

2.2 Approximate Calendar of Events

Listed below are the dates and times by which stated actions should be taken or completed. If UCF determines, in its sole discretion, that it is necessary to change any of these dates and times, it may issue an Addendum to this ITN. All listed times are local time in Orlando, Florida.

Date/Time Action April 8, 2026 Invitation To Negotiate advertised April 17, 2026 Last day to submit communications and/or inquiries in writing only; preferably by email to nellie.nido@ucf.edu no later than 5:00 PM EST April 22, 2026 Responses to inquiries and Addenda May 6, 2026 Deadline for Offer submission at 2:00 p.m. EST (ITN opening)

2.3 Respondent Communications and/or Inquiries

A. UCF is not liable for interpretations/misinterpretations or other errors or omissions made by the Respondent in responding to this ITN. The Respondent shall examine this ITN to determine if UCF’s conditions and requirements are clearly stated. If, after examination of the various conditions and requirements of this ITN, the Respondent believes there are any conditions or requirements which remain unclear or which restrict competition, the Respondent may request, in writing, that UCF clarify or change condition(s) or requirement(s) specified by the Respondent. The Respondent is to provide the Section(s), Subsection(s), and Paragraph(s) that identify the conditions or requirements questioned by the Respondent.

The Respondent also is to provide detailed justification for a change and must recommend specific written changes to the specified condition(s) or requirement(s). Requests for changes to this ITN must be received by UCF not later than the date shown in Section 2.2., entitled “Calendar of Events,” for the submittal of written communications and/or inquiries.

UCF shall not make any changes to any of the non-negotiable terms and conditions. The non-negotiable terms and conditions are indicated on Appendix I. Requests for changes to the non-negotiable provisions of this ITN shall automatically be rejected. Requests for changes to anything other than the non-negotiable provisions of this ITN may or may not be accepted by UCF and may or may not be negotiated by UCF, all at UCF’s sole discretion.

B. Any Respondent disagreeing with any negotiable terms and conditions set forth in this ITN is to indicate in Appendix I, Terms and Conditions Supplemental Offer Sheet, the specific ITN section(s) the Respondent disagrees with and is to provide a clear and detailed reason for the disagreement and a solution to the disagreement in his/her offer. UCF may or may not accept or agree to negotiate any of the terms and conditions that Respondents indicated they disagreed with, all at UCF’s sole discretion. The indication of disagreement with any non-negotiable terms and conditions may be automatically rejected.

C. Failure to submit Appendix I and clearly indicate which terms and conditions the Respondent agrees and disagrees with (i.e., failure to initial the designated sections set forth in Appendix I, indicating that the Respondent has either understood and agreed to or disagreed with each particular section listed on Appendix I) and/or clear and detailed reasons for the disagreement, with the offer, may be grounds for rejection of that offer, at UCF’s sole discretion. UCF may or may not accept and/or negotiate any such terms and conditions that the Respondent disagreed with. If UCF decides not to accept any of the terms and conditions the Respondent disagreed with, UCF shall have the right, at UCF’s sole discretion, to exercise its right to reject the tentative awardee’s offer and proceed to the next highest ranked respondent. As noted above, the disagreement with any non-negotiable terms and conditions by the Respondent may be automatically rejected.

D. UCF shall at its sole discretion determine what requested changes to this ITN and the resulting agreement are acceptable. Non-negotiable terms and conditions, as indicated in Appendix I, will always stay as they are, and any requested changes to such clauses may automatically be rejected. UCF shall issue an Addendum reflecting the acceptable changes to this ITN, if any, which shall be sent to all known Respondents as specified in Section 2.1.

E. Any communications, questions and/or inquiries from the Respondent concerning this ITN in any way are to be submitted in writing to the individual identified in Section 2.1 not later than April 17, 2026 at 5 p.m. Eastern Standard Time as set forth in the Calendar of Events.

Written inquiries are to be legible and concise and are to clearly identify the Respondent who is submitting the inquiry. Questions directed to or any responses received from any other department, person, agent, or representative of the university will not be considered valid or binding.

2.4 Respondent Conference and Site Visit

N/A

2.5 Written Addenda

Written Addenda to this ITN along with an Addenda Acknowledgment Form will be posted on the Procurement Services website. The Addenda Acknowledgment Form is to be signed by an authorized representative of the Respondent, dated and returned with the offer. All Respondents, including known interested Respondents, are solely responsible for checking the Procurement Services website periodically to verify whether any such Addenda and forms were issued.

2.6 Offer Due/Proposal Opening Date

Proposals will be received and opened on May 6, 2026 at 2:00 PM EST via UCF’s EUNA Web Portal. For additional information, please refer to Appendix III: Submission Instructions for Suppliers. UCF shall in no way be responsible for or accept any proposals not uploaded prior to the closing date and time. The Respondent’s response to this ITN shall be prepared in accordance with Section 3.0 “Required Offer Format.” Telephone, facsimile, telegraphic, and electronic mail offers, negotiations, and/or amendments to original offers shall not be accepted.

2.7 Section Not Used

2.8 Evaluation Criteria and Selection Process

A. UCF reserves the right to conduct negotiations if the decision maker (UCF Board of Trustees, Vice President/Dean or his/her written designee(s)) with the advice and consent of Procurement Services determines negotiations to be in the best interest of the university.

Any portion of a meeting at which a negotiation with a Supplier is conducted pursuant to a competitive solicitation is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

Discussions with Suppliers after receipt of an offer do not constitute a rejection, counteroffer or acceptance by UCF.

B. UCF reserves the right to conduct negotiations with the proposer(s) whose offer(s) may represent the best interest of the university. The following is a short overview of some of the decision maker’s responsibilities during the solicitation and award process:

1. Establish a group of evaluators tailored for the particular acquisition that includes appropriate expertise to ensure a comprehensive evaluation of offers. The evaluators will review all responsive offers;

2. Develop the acquisition plan (strategy to award with or without negotiations) after review of offers;

3. Ensure consistency among the solicitation requirements, notices to proposers, offer preparation instructions, evaluation criteria, solicitation provisions or contract clauses, and data requirements;

4. Ensure that offers are evaluated based solely on the evaluation criteria contained in the solicitation;

5. Consider the recommendations of the evaluators or other boards (if any);

6. Select the proposer(s) whose offer(s) are the best value to the university;

7. Select a negotiation team (only if award is not made outright). This can be the evaluators or any other individual(s) the decision maker deems necessary for the acquisition. The negotiation team will negotiate with those proposer(s) determined by the decision maker to have submitted a proposal that may be beneficial to the university.

C. All offers shall be initially evaluated based on weighted criteria set forth in the table below by the group of evaluators. The group of evaluators shall consist of three (3) or more individuals who have expertise regarding, or some experience with, the subject matter of the ITN or, if none, then individuals who could be characterized as recipients, beneficiaries, or users of the ITN’s subject matter. The Vice President/Dean or his/her written designee(s) will appoint the evaluators. Evaluators, at the discretion of the Vice President/Dean or his/her written designee(s), shall have the option to meet as a group any time during formulation of the specifications and solicitation stage to discuss and correct any concerns and ambiguities of the solicitation and specifications. After offer opening, each evaluator shall function independently of all other persons including, without limitations, the other evaluators, and, throughout the entire evaluation process, each evaluator is strictly prohibited from meeting with or otherwise discussing this ITN and any aspect thereof including, without limitation, the offers and their content with any other individual whatsoever. Each evaluator shall conduct an independent evaluation of the offers in accordance with the weighted evaluation criteria set forth in the following Table A:

Table A – Evaluation of Responses

Evaluation Criteria Max Points

1. EXPERIENCE, QUALIFICATIONS AN REFERENCES OF

PROPOSER 15

2. PLAN FOR PROVIDING SERVICES WITH A FOCUS ON

DRIVING/INCREASING SALES

3. COMMISSIONS, INCENTIVES, AND INITIAL PRODUCT

PRICING 30

4. MANAGEMENT AND IMPLEMENTATION PLAN WITH A

FOCUS ON INNOVATIVE NEW APPROACHES TO

VENDING SOLUTIONS

5. MARKETING 5

6. CONFORMANCE TO ITN’S PREFERRED CONDITIONS

AND REQUIREMENTS (FAILURE TO CONFORM TO ITN’S

MANDATORY CONDITIONS AND REQUIREMENTS

MAY RESULT IN REJECTION OF PROPOSAL)

Evaluation of Responses Point Total 100

Each evaluator must independently score each offer in UCF’s Bonfire Web Portal in accordance with the criteria herein. Each evaluator is to enter comments, if any, regarding the offer and submit his/her evaluation via Bonfire. The assigned Procurement Services Professional identified in section 2.1 will forward a summary to the Decision Maker or his/her designee. At the time of such delivery to the Procurement Services Professional, the evaluator shall cease to participate further in this ITN process unless expressly requested otherwise by Decision Maker.

The Decision Maker shall review, in the manner and to the extent he/she deems reasonable under the circumstances, the ITN, the offers, and evaluators’ scoring forms. While not bound to them, the Decision Maker may give deference to the scoring forms. Based on what the Decision Maker determines is in the best interest of UCF, the Decision Maker will then make the final decision whether or not to recommend the award of a contract to a Respondent to this ITN, negotiate with the respondent(s) whose offer(s) may be beneficial to the university, or cancel the ITN.

The Decision Maker may, at any time during this ITN process, assign one (1) or more individuals to assist and advise the Decision Maker during his/her decision-making process.

UCF is not obligated to make an award under or as a result of this ITN or to award such contract, if any, on the basis of lowest cost or highest commission offered. UCF reserves the right to award such contract, if any, to the Respondent(s) submitting an offer that UCF, at its sole discretion, determines is in UCF’s best interest.

D. Decision Maker shall obtain approval from the University Board of Trustees to award a contract exceeding the President’s Delegation of Authority, per Policy BOT-4.

2.9 Posting of Recommended Selection

An intent to award will be posted within a reasonable time after the Procurement Services Department receives the decision maker’s recommended award decision. The recommendation to award a contract, if any, to a Respondent(s) to this ITN will be posted for review by interested parties on the Procurement Services solicitations webpage and will remain posted for a period of seventy-two (72) hours.

A. If the Respondent desires to protest the recommendation to award a contract, if any, the

Respondent must file with UCF:

1. A written notice of intent to protest within seventy-two (72) hours of the posting of the recommended award. UCF shall not extend or waive this time requirement for any reason whatsoever.

2. A formal written protest by petition within ten (10) calendar days of the date on which the notice of intent to protest is filed. UCF shall not extend or waive this time requirement for any reason whatsoever.

B. Failure to timely file a protest or failure to timely deliver the required bond or other security in accordance with the Board of Governors’ Regulations 18.002 and 18.003 shall constitute a waiver of protest proceedings.

1. A formal written protest by petition must be accompanied by a Protest Bond payable to

UCF in the amount equal to 10% of the estimated value of the protestor’s bid or proposal;

10% of the estimated expenditure during the contract term; $10,000; or whichever is less.

The form of the Protest Bond shall be a cashier’s check, bank official check, or money order made payable to UCF.

2. In addition to all other conditions and requirements of this ITN, UCF shall not be obligated to pay for information obtained from or through the Respondent.

2.10 Offer Validity Period

Any submitted offer shall in its entirety remain a valid offer for 120 days after the offer submission date.

2.11 Disposition of Offers; Florida Public Records Law Compliance

All offers become the property of the State of Florida, and the State of Florida shall have the right to use all ideas, and/or adaptations of those ideas, contained in any offer received in response to this solicitation. Any parts of the offer or any other material(s) submitted to UCF with the offer that are copyrighted or expressly marked as “confidential,” “proprietary,” or “trade secret” will only be exempted from the “open records” disclosure requirements of Chapter 119, Florida Statutes if Florida law specifically recognizes these materials as exempt from disclosure.

Thus, the mere designation as “confidential,” “proprietary,” or “trade secret” by a Supplier does not ensure that such materials will be exempt from disclosure. Respondents must identify specifically any information contained in their bid which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exemption law. A generic notation that information is “confidential” is not sufficient. Failure to provide a detailed explanation and justification including statutory citations and specific reference to your bid detailing what provisions, if any, the Respondent believes are exempt from disclosure, may result in the entire bid being subject to disclosure in accordance with Chapter 119 of the Florida Statutes. In the absence of a specific Florida statute exempting material from the public records law, UCF is legally obligated to produce any and all public records produced or received in the course of conducting university business, irrespective of any designation by the Supplier of those same records as “confidential,” “proprietary,” or “trade secret.” The ultimate determination of whether a Supplier’s claim of “confidential,” “proprietary,” or “trade secret” will support an exemption from disclosure will be made by UCF or, potentially, a court. UCF’s selection or rejection of an offer will not affect this provision.

2.12 Economy of Presentation

Each offer shall be prepared simply and economically, providing a straightforward, concise description of the Respondent’s capabilities to satisfy the conditions and requirements of this ITN. Fancy bindings, colorful displays, and promotional material are not desired. Emphasis in each offer must be on completeness and clarity of content. To expedite the evaluation of offers, it is desired and beneficial to evaluators that Respondents follow the format and instructions contained herein. UCF is not liable for any costs incurred by any Respondent in responding to this ITN including, without limitation, costs for oral presentations requested by UCF, if any.

2.13 Restricted Discussions/Submissions

From the date of issuance of the ITN until UCF takes final agency action, the Respondent shall not discuss the offer or communicate with any UCF employees, agents, representatives, evaluators or representatives of UCF except as expressly requested by UCF in writing.

Violation of this restriction may result in REJECTION of the Respondent’s offer.

2.14 Verbal Instructions Procedure

No negotiations, decisions, or actions shall be initiated or executed by the Respondent as a result of any discussions with any UCF employee. Only those communications that are in writing from the authorized UCF representative identified in Section 2.1 of this ITN that have been approved in writing by UCF’s President or the President’s designee shall be considered as a duly authorized expression on behalf of UCF. Only communications/inquiries from the Respondent that are signed and received on a timely basis, i.e., not later than 5:00 PM EST on April 17, 2026, will be recognized by UCF as duly authorized expressions on behalf of the Respondent.

2.15 State Licensing Requirements

To the extent applicable, the Respondent shall have all appropriate licenses to conduct business in the State of Florida and Orange County at or prior to award of a contract resulting from this competitive solicitation. The Respondent is to provide proof of such to UCF as a condition of award of a contract. If the Respondent contemplates the use of subcontractors, the Respondent is responsible for ensuring that all subcontractors are registered with the State of Florida in accordance with Chapter 607 or 620, Florida Statutes. For additional information, the Respondent should contact the Florida Secretary of State’s Office.

2.16 Parking

The Respondent/Supplier(s) shall ensure that all vehicles parked on campus for purposes relating to work resulting from an agreement shall have proper parking permits. This applies to all personal vehicles and all marked and unmarked company vehicles that will be on any University campus for one (1) day or more or on a recurring basis. All such vehicles must be registered with University’s Parking Services Department, and parking permits must be purchased by the Respondent/Supplier. The Respondent’s/Supplier’s vehicle(s) shall observe all parking rules and regulations. Failure to obtain parking permits, properly display them, and otherwise comply with all of the University’s parking rules and regulations could result in the issuance of a parking ticket and/or towing at the expense of the Respondent/Supplier or Respondent’s/Supplier’s employees. For additional parking information or information regarding parking fees/rates, contact the UCF Parking Services Department at (407) 823-5812 or online at https://parking.ucf.edu.

2.17 Definitions

Addendum – Written or graphic instruments issued prior to the date for opening of proposals, which modify or interpret the proposal documents by additions, deletions, corrections or clarifications.

And/Or – The word “and” shall also mean “or,” and the word “or” shall also mean “and” whenever the contents or purpose so require.

Commission - shall refer to the applicable percentage paid to the University based on Gross Receipts and Net Subcontractor sales.

Contract/Agreement – The formal bilateral agreement signed by a representative of the University and the Supplier which incorporates the requirements and conditions listed in this ITN and the Supplier’s offer.

Gross Receipts - shall refer to the total amount of money, gratuities, service and vending charges received or charged by the Supplier, any agent, or any employee of the Supplier for all sales, cash or credit (whether collected or not), made as a result of the contractual rights granted under this Agreement, excluding only applicable sales taxes, and those sales that the Supplier does/provides “at cost” when requested by the University. No other deductions of any kind may be taken from Gross Receipts, including shortages, bad debts, or credit card fees.

Invitation to Negotiate – A written solicitation for goods or services where factors other than price are to be considered in the award determination. These factors may include such items as Supplier experience, project plan, design features of the product(s) offered, etc. An ITN is used when the specifications cannot be identified; the end result is explained, but we want qualified companies to offer their solutions for consideration.

May, Should – Indicates something that is not mandatory, but permissible, recommended, or desirable.

Minor Irregularities – Irregularities that have no adverse effect on UCF’s interest will not affect the amount of the ITN and will not give a Respondent an advantage or benefit not enjoyed by another Respondent.

Must, Shall, Will – The words “must,” “shall,” or “will” are equivalent and indicate mandatory requirements or conditions.

Proposal – An executed offer submitted by a Respondent in response to an ITN and intended to be used as a basis for negotiations for a contract.

Purchase Order/Contract – The Purchase Order (PO) or other form or format provided to the awarded Respondent(s) that UCF uses to make a purchase under the contract term, which includes a formal written PO, electronic PO, Procurement Card (PCard), or any other means authorized by Procurement Services and that incorporates the requirements and conditions listed in the ITN.

Renewal – Contracting with the same contractor for an additional period of time after the initial contract term, provided the original terms of the agreement specify an option to renew or the renewal is determined by UCF General Counsel to be in the best interest of the university.

Respondent/Proposer/Supplier/Supplier/Contractor – Anyone who submits a timely offer in response to this ITN or their duly authorized representative. These may be used interchangeably within the ITN.

Response – The entirety of the Respondent’s submitted proposal response to the ITN, including any and all supplemental information submitted.

Responsible Respondent – Respondent who has the capability in all respects to perform fully the contract requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.

Responsive Respondent – Respondent who has submitted an offer that conforms in all material respects to the solicitation.

Sole Point of Contact – The Procurement Services representative or designee to whom Respondents shall address any questions regarding the solicitation or award process. The sole point of contact shall be the arbitrator of any dispute concerning performance of the Contract.

Successful Respondent/Proposer/Supplier/Contractor – The firm or individual who is the recommended recipient of the award of a contract under this ITN (also synonymous with “Proposer” and “Supplier”). If a Respondent is a manufacturer, its certified dealers and resellers may also furnish products under the Contract; in choosing to do so, the dealers and resellers agree to honor the Contract, and the term “contractor” shall be deemed to refer to them. Unless awarded the Contract as a direct Respondent, however, dealers and resellers are not parties to the Contract, and the Respondent that certifies them shall be responsible for their actions and omissions.

UCF or University – University of Central Florida

UCF’s Contract Administrator – The University’s designated liaison with the Respondent. In this matter, UCF’s Contract Administrator will be Chad Sunstein.

2.18 Procurement Rules

A. UCF has established for purposes of this ITN that the words “shall,” “must,” or “will” are equivalent in this ITN and indicate a mandatory requirement or condition, the material deviation from which could be waived by UCF. UCF will, at UCF’s sole discretion, determine whether a deviation is material. Any deviation found by UCF to be material shall result in the rejection of the offer.

B. The words “should” or “may” are equivalent in this ITN and indicate very desirable conditions or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of an offer but may result in the offer being considered as not in the best interest of UCF. UCF will, at UCF’s sole discretion, determine whether an offer is considered as not in the best interest of UCF and may or may not reject the offer, all at UCF’s sole discretion.

C. The Respondent must comply with the instructions cited in Section 2.3. Also, the Respondent must initial the designated sections set forth on Appendix I, indicating that the Respondent has either understood and agreed to or disagreed with each particular section listed in Appendix I. Failure to submit Appendix I with each area marked as set forth above and initialed by the Respondent shall constitute grounds for rejection of the offer by UCF and shall give UCF the right to reject the offer, at UCF’s sole discretion.

D. The Respondent is solely responsible for the accuracy and completeness of its offer. The

Respondent’s errors or omissions, if any, are solely at the risk of the Respondent and may be grounds for rejection of the offer and shall give UCF the right to reject the offer, at UCF’s sole discretion.

2.19 Force Majeure

No default, delay or failure to perform on the part of UCF or the Respondent shall be considered a default, delay or failure to perform otherwise chargeable, hereunder, if such default, delay or failure to perform is due to causes beyond UCF’s reasonable control including, but not limited to, strikes, lockouts, actions or inactions of governmental authorities, epidemics, pandemics, wars, embargoes, fires, earthquakes, acts of God, or default of common carriers. In the event of such default, delay or failure to perform due to causes beyond UCF’s or the Respondent’s reasonable control, any date or times by which UCF or the Respondent is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the time lost by reason of the cause beyond the reasonable control of UCF or the Respondent.

2.20 Limitation of Remedies, Indemnification, and Insurance

A. The Attorney General of the State of Florida has rendered an opinion that agencies of the State of Florida cannot contractually limit the State's right to redress. Consequently, any offer by the Respondent to limit the Respondent’s liabilities to the State or to limit the State’s remedies against the Respondent is unacceptable and will result in the REJECTION of the Respondent’s offer.

B. As an agency of the State of Florida, UCF’s liability is regulated by Florida law. Except for its employees acting within the course and scope of their employment, UCF shall not indemnify any entity or person. The State of Florida is self-insured to the extent of its liability under law, and any liability in excess of that specified in statute may be awarded only through special legislative action. Accordingly, UCF’s liability and indemnification obligations under this ITN and the resulting contract, if any, shall be effective only to the extent required by Florida law; and any provision requiring UCF to provide insurance coverage other than the State of Florida self-insurance shall not be effective.

C. The Respondent(s)/Supplier(s)/ /Proposer(s) shall hold the University and the UCF Board of Trustees and the University’s officers, employees, agents and/or servants harmless and indemnify each of them against any and all liabilities, actions, damages, suits, proceedings, and judgments from claims arising or resulting from the acts or omissions of the Respondent(s)/Supplier(s)/ /Proposer(s), its employees, its agents or of others under the Respondent’s/Supplier’s/ Proposer’s control and supervision. If any part of a delivery to the University pursuant to a contract resulting from this ITN is protected by any patent, copyright, trademark, other intellectual property right or other right, the Respondent/Supplier/ Proposer also shall indemnify and hold harmless the University of Central Florida Board of Trustees and the University’s officers, employees, agents and/or servants from and against any and all liabilities, actions, damages, suits, proceedings and judgments from claims instituted or recovered against the University by any person or persons whomsoever on account of the University’s use or sale of such article in violation of rights under such patent, copyright, trademark, other intellectual property right or other right.

All insurance shall be procured from companies authorized to do business in the State of Florida with a minimum A.M. Best rating of A, or equivalent. Proof of coverage shall be provided by submitting to the University’s Risk Management Office a certificate or certificates evidencing the existence thereof or binders and shall be delivered within fifteen (15) days of the tentative award date of the Contract. In the event a binder is delivered, it shall be replaced within thirty (30) days by a certificate in lieu thereto. A renewal certificate shall be delivered to the University at least thirty (30) days prior to the expiration date of each expiring policy.

1. General Liability: Supplier shall provide a Certificate of Insurance evidencing Commercial General Liability insurance coverage in force with minimum limits of $1,000,000 (ONE MILLION DOLLARS) per Occurrence and $2,000,000 (TWO MILLION DOLLARS) Aggregate. Upon acceptance and confirmation of coverage by the University and before beginning work, and at all times during the term of the contract, Supplier will maintain said General Liability insurance in force and shall provide the University with a Certificate of Insurance and Additional Insured…

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