KLW-2024-11 - Licensed Whiskey RFP - Final.pdf

RFP # KLW-2024-11 – LICENSED WHISKEY Page 1

UNIVERSITY OF WYOMING

LICENSED WHISKEY

Request for Proposal (RFP) # KLW-2024-11

RFP Schedule

RFP Issued to BidNet Thursday, Jul. 18, 2024 Supplier Questions Due in BidNet Monday, Aug. 5, 2024, at 2pm MDT Responses to Questions Posted to BidNet Wednesday, Aug. 7, 2024 RFP Responses Due in BidNet Wednesday, Aug. 21, 2024, at 2pm MDT Supplier Presentations (tentative) September 2024

RFP # KLW-2024-11 – LICENSED WHISKEY Page 2

TABLE OF CONTENTS

PURPOSE OF RFP

BACKGROUND

GENERAL INFORMATION

I UNIVERSITY OVERVIEW

II ADMINISTRATION INFORMATION

III SCOPE OF WORK

IV REFERENCES

V EVALUATION OF PROPOSALS

VI MODEL FORMAT OF PROPOSALS

EXHIBIT A – FORM OF PROPOSAL

EXHIBIT B – WYOMING TRADEMARKS & TRADENAMES

EXHIBIT C – PROPOSED SAMPLE CONTRACT

RFP # KLW-2024-11 – LICENSED WHISKEY Page 3

REQUEST FOR PROPOSAL – RFP # KLW-2024-11

UNIVERSITY OF WYOMING - LICENSED WHISKEY

The University of Wyoming (the “University”) is soliciting proposals from professional and qualified distillers (“Suppliers” or “Distillers”), through this Request for Proposals (RFP), to select a Wyoming-based distillery with branding, marketing, production and distribution capabilities to develop a co-branded, licensed whiskey in partnership with the University of Wyoming. The goal of the partnership is to develop a nationally recognized whiskey featuring the famous Bucking Horse & Rider (BH&R) and/or University of Wyoming marks to continue to enhance and grow the brand on a regional and national basis.

The University shall provide copies of this RFP to suppliers through the electronic solicitation platform www.bidnetdirect.com where registered suppliers are required to submit their electronic RFP response along with the first and last name, telephone number and e-mail address of the employee within their organization who will be designated as the University’s primary contact with respect to this RFP and their response thereto.

The University may provide copies of this RFP to other suppliers upon request, who are also requested to provide the first and last name, telephone number and e-mail address of the employee within their organization who will be designated as the University’s primary contact with respect to this RFP and their response thereto.

Questions regarding this RFP must be in writing and be directed to the University via the BidNet platform any time after the issuance of this RFP through and including 2:00 p.m. MDT on Monday, August 5, 2024.

Questions received after the date/time and/or not submitted electronically through the BidNet platform may not be addressed. Each question submitted, as well as the University’s response thereto, shall be provided in a questions and answers document/addendum via www.bidnetdirect.com. Note: Every question must be submitted individually. Multiple questions per entry may not be answered.

The University will only accept and consider electronically submitted proposals from suppliers, which must be submitted and received in the www.bidnetdirect.com electronic solicitation portal on or before 2:00 p.m.

MDT on Wednesday, August 21, 2024, at which time the submission portal will close and no further submissions be allowed or considered. It is the sole responsibility of the supplier to see that the response to the RFP is submitted through the BidNet portal by the submission deadline. Responses received after this date and time or outside of BidNet will be deemed non-responsive.

Sales Prohibited/Conflict of Interest: No officer, employee, or member of the University, shall have a financial interest in the sale to the University of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the University. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any items of monetary value from any person who has or is seeking to do business with the University is prohibited.

Contact with University personnel regarding this solicitation, other than inquiries to the specific Procurement Agent noted below may be grounds for elimination from the selection process.

Collusive or sham proposals: Any proposal deemed to be collusive, or a sham proposal will be rejected and reported to authorities as such. Your authorized signature on this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The University reserves the right to reject any and all proposals and to waive any irregularities or informalities.

Sincerely, Kelly L. Wooden Procurement, Senior Project Manager http://www.bidnetdirect.com/

RFP # KLW-2024-11 – LICENSED WHISKEY Page 4

SECTION I

UNIVERSITY OVERVIEW

The University of Wyoming is the only accredited four-year school in a state of just over one-half million people. The University is dedicated to providing quality instruction to students, conducting valuable research programs, and serving Wyoming through a wide variety of educational and cultural programs.

The University has more than 3,000 benefited faculty and staff dedicated to educating about 10,900 students. More than 200 undergraduate, graduate, and professional programs of study are offered through eight colleges: Agriculture and Natural Resources, Arts and Sciences, Business, Education, Engineering and Applied Science, Health Sciences, Honors and Law. The main campus is located in Laramie but extends learning opportunities through a variety of credit and non-credit outreach programs, including the University of Wyoming at Casper and classes offered through Wyoming's seven community colleges.

Additional information regarding the University of Wyoming is available at http://www.uwyo.edu.

SECTION II

ADMINISTRATIVE INFORMATION

A. ISSUING OFFICE: This Request for Proposal (RFP) is issued by the University of Wyoming, Procurement Services.

B. INVITATION TO SUBMIT PROPOSALS: The University of Wyoming is hereby contacting prospective Suppliers whom the University deems potentially qualified to meet its needs.

NOTE: The University of Wyoming, Office of Procurement Services has moved to an online bid system (BidNet) for both distribution and receipt of RFPs. All suppliers must complete the registration process. To register your company, please go to https://www.bidnetdirect.com/register.

C. SCOPE: This RFP contains the instructions governing the proposal and the material to be included herein; mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each proposal.

D. INQUIRIES: Prospective Suppliers may make inquiries within BidNet Direct concerning this RFP to obtain clarification of requirements.

Response to any Supplier's inquiries will be made on BidNet Direct by Procurement Services in a timely manner to all prospective Suppliers. Any oral interpretations or clarifications of this RFP shall not be relied upon.

E. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by the Supplier prior to the established due date and time.

F. PROPOSAL SUBMISSION: Responses should be uploaded to the BidNet Direct website up to but no later than Wednesday, August 21, 2024, at 2:00 PM MDT. Electronic submission to the BidNet Direct website is mandatory. The Form of Proposal MUST be signed in ink or digitally signed with an authenticated certificate by the Supplier or an officer of the Supplier who is legally authorized to bind the Supplier to the proposal. Proposals which are determined to be at a variance with this requirement may not be accepted.

http://www.uwyo.edu/ https://www.bidnetdirect.com/register

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It is the responsibility of the Supplier to ensure that the proposal is uploaded to the BidNet Direct website on or before the proposal submission deadline.

G. ADDENDUM OR SUPPLEMENT TO REQUEST FOR PROPOSAL: In the event that it becomes necessary to revise any part of this RFP, an addendum will be issued on the BidNet Direct website. It is the responsibility of Suppliers, prior to the established due date for responses, to review the website and view addenda issued to ensure their response reflects any and all changes. All addenda shall be acknowledged on the Form of Proposal page and copies of the signed addenda must be included in the Supplier’s proposal.

H. ACCEPTANCE OF RFP TERMS: A proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the signature of the Supplier or an officer of the Supplier legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the Supplier of all terms and conditions including compensation, as set forth herein. A Supplier shall identify clearly and thoroughly any variations between its proposal and the University's RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance.

I. CONFIDENTIAL/PROPRIETARY INFORMATION: Any restrictions on the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Written requests for confidentiality shall be submitted by the Supplier with the proposal. The Supplier must state specifically what elements of the proposal are to be considered confidential/proprietary.

Confidential/proprietary information must be readily identified, marked, and separately packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal in its entirety, nor proposal price information will be considered confidential/proprietary. Procurement Services will make a written determination as to the apparent validity of any request for confidentiality. The written decision of Procurement Services will be sent to the Supplier as required.

J. RFP RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this RFP becomes the property of the University of Wyoming. Proposals may be reviewed by any person after a contract has been issued, subject to the terms of law. The University of Wyoming has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in Proprietary/Confidential Information. Disqualification of a Supplier, or submission of an unsuccessful proposal, does not eliminate this right.

K. SELECTION OF PROPOSAL: Upon review and approval of the evaluation committee's recommendation for award, Procurement Services will issue a "Letter of Intent to Award" to the apparent successful Supplier and other respondents via the BidNet Direct website. Final award will be issued to the successful Supplier once the contract has been fully negotiated and executed.

L. ACCEPTANCE OF PROPOSAL CONTENT: The contents of the proposal (including persons specified to implement the project) of the successful Supplier will become contractual obligations if acquisition action ensues. Failure of the successful Supplier to accept these obligations in a contract may result in cancellation of the award and such Supplier may be removed from future solicitations. The award will be made to that Supplier whose proposal, conforming to the RFP, will be the most advantageous to the University of Wyoming. The University does not forfeit its sovereign immunity through the execution of the contract.

M. STANDARD CONTRACT: The University of Wyoming reserves the right to incorporate standard

UW contract provisions and other provisions contained in this RFP into any contract resulting from

RFP # KLW-2024-11 – LICENSED WHISKEY Page 6 this RFP, such as, but not limited to the following:

https://www.uwyo.edu/procurement/_files/docs/terms--conditions---april-1-2019.pdf

The standard contract term is for a period of five (5) years, provided all conditions have been met satisfactorily, and the university and the supplier mutually agree in writing. The University is not bound to the stated standard contract term, and the official term will be set with the signing of the contract.

N. RFP CANCELLATION: The University reserves the right to cancel this RFP at any time, without penalty.

O. INCURRING COSTS: The University of Wyoming is not liable for any cost incurred by Suppliers prior to issuance of a legally executed contract. No property interest, of any nature, shall accrue until a contract is awarded and signed by all concerned parties.

P. MINORITY PARTICIPATION: It is the University's goal to maximize participation of minorities in the procurement process. Accordingly, minority enterprises are to be utilized when possible. By the submission of a proposal the Supplier shall agree to utilize the maximum amount of minority business firms that the Supplier finds to be consistent with the efficient performance of any resulting contract.

Q. EQUAL EMPLOYMENT OPPORTUNITY:

Both parties shall fully adhere to all applicable local, state, and federal law, including equal employment opportunity and including but not limited to compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the American with Disabilities Act of 1990. The University is committed to equal opportunity for all persons in all facets of the University’s operations and is an Equal Opportunity/Affirmative Action employer. The University will provide all applicants for admissions, employment and all University employees with equal opportunity without regard to race, gender, religion, color, national origin, disability, age, protected veteran status, sexual orientation, genetic information, gender identity, creed, ancestry, political belief, any other applicable protected category, or participation in any protected activity. The University ensures non-discriminatory practices in all matters relating to its education programs and activities and extends the same non-discriminatory practices to recruiting, hiring, and training, compensation, benefits, promotions, demotions, transfers, and all other terms and conditions of employment.

Contractors are notified that they may be subject to the provisions of 41 CFR Section 60-300.5(a);

41 CFR Section 60-741.5(a); 41 CFR Section 60-1.4(a) and (c); 41 CFR Section 60-1.7(a); 48 CFR Section 52.222-54(d); and 29 CFR Part 471, Appendix A to Subpart A with respect to affirmative action and posting requirements. If applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. If applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR 60- 741.5(a). This regulation prohibits discrimination against any qualified persons with physical or mental disabilities and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected persons with physical or mental disabilities.

https://www.uwyo.edu/procurement/_files/docs/terms--conditions---april-1-2019.pdf

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R. REJECTION OF PROPOSALS: The University of Wyoming reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received, by the specific solicitation opening time and date, and to accept any portion of a proposal or all items proposed if deemed in the best interest of the University of Wyoming.

S. PARENT COMPANY: If a Supplier is owned or controlled by a parent company, the parent company name, main office address, and parent company's tax identification number shall be provided in the proposal.

T. NEWS RELEASES: News releases pertaining to this solicitation shall NOT be made prior to the full execution of the contract without prior written approval by the University.

U. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

1. By submission of this proposal, each Supplier, and in the case of a joint proposal, each party thereto, certifies as to its own organization, that, in connection with this procurement:

a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Supplier or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Supplier and will not knowingly be disclosed by the Supplier prior to opening, directly or indirectly, to any other Supplier or to any competitor; and

c. No attempt has been made or will be made by the Supplier to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

2. Each person signing the Form of Bid form of this proposal certifies that:

a. He/She is the person in the Supplier's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (1 a) through (1 c) above; or

b. He/She is not the person in the Supplier's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1 a) through (1 c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to (1 a) through (1 c) above.

3. A proposal will not be considered for award where (1 a), (1 c), or (2) above has been deleted or modified. Where (1 b) above has been deleted or modified, the proposal will not be considered for award unless the Supplier furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

V. CONFLICTS OF INTEREST: The holding of public office or employment is a public trust. A public officer or employee whose conduct departs from his fiduciary duty is liable for his or her actions.

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W. TAXES: The University of Wyoming, as purchaser, is exempt from all federal excise taxes and from all State of Wyoming sales tax. A certificate of tax exemption is available upon request.

X. ASSIGNMENT: Neither party to any resulting contract may assign any portion of the agreement without the prior written consent of the other party.

Y. AVAILABILITY OF FUNDS: Financial obligations of the University payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the University.

Z. BID BONDS/SECURITY: Not required for this proposal.

AA. CONTRACTOR'S PERFORMANCE BOND: Not required for this proposal.

BB. INSURANCE: Commercial general liability insurance including property damage, bodily injury, contractual liability, errors and omissions, and products completed operations, with minimum occurrence limits of not less than $1,000,000 and minimum aggregate limits of $2,000,000.

Comprehensive automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. Such policy must cover owned, non-owned and hired vehicles, trailers, or semi-trailers designed for travel on public roads.

Workers’ compensation coverage as required by law and employer’s stop gap liability coverage.

Policies other than workers’ compensation and employer’s stop gap liability must name the University, its trustees, officers, and employees as additional insureds. Certificates will be delivered, prior to commencement of the contract, to the University of Wyoming, Director of Claims and Risk - Dept. 4305, 1000 E. University, Laramie, WY 82071-2000.

Workers' Compensation and Employer’s Liability Coverage: The insurer(s) shall agree to waive all rights of subrogation against the University of Wyoming for losses arising from work performed at the University.

All Coverages (i.e., general liability, errors and omissions, automobile liability, workers' compensation, and employer’s liability) must include:

1. Cancellation. Each policy shall be endorsed to state the coverage shall not be canceled, suspended, voided, allowed to expire, or be reduced in coverage or limits, by either party, except after thirty (30) days, prior written notice by certified mail, return receipt requested, has been given to the University of Wyoming.

2. Jurisdiction. The insurance shall be construed under the laws of the State of Wyoming. The exclusive forum for the resolution of disputes arising out of such insurance shall be a court of competent jurisdiction of the State of Wyoming.

3. Acceptability of Insurers. Insurance shall be placed with insurers licensed to do business in

Wyoming and having an A.M. Best Company rating of no less than AVIII.

Verification of Coverage: Prior to commencement of the Agreement, the University shall be provided with certificates of insurance and original endorsements evidencing required

RFP # KLW-2024-11 – LICENSED WHISKEY Page 9 coverage. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received by the University before the contract commences. The University reserves the right to require complete, certified copies of all required insurance policies at any time. If at any time during the term of this contract or any extension thereof, any required policies of insurance should expire, or are canceled, the University of Wyoming must be provided a certificate of insurance indicating renewal or an acceptable replacement of the expiring policy prior the expiration.

CC. INDEMNIFICATION: To the extent authorized by law, the supplier shall indemnify, save and hold harmless the University, its employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the supplier or its employees, agents, subcontractors, or assignees pursuant to the terms of the contract resulting from this RFP.

DD. WYOMING STATE PREFERENCE: Pursuant to UW Regulation, preference shall be allowed in the purchase of materials, supplies, equipment, machinery, or provisions provided by bona fide Wyoming residents when such materials, supplies, equipment, machinery, or provisions are of quality equal to those offered by an out-of-state supplier. Such preference shall be five percent (5%) and shall apply to materials, supplies, equipment, machinery, or provisions produced, manufactured or grown in this state, and to materials, supplies, equipment, and machinery supplied by a Wyoming Resident. (Wyoming Statute 16-6-105) However, preferences shall not be given in violation of any Federal law, rule or regulation. Whenever Federal laws are applicable, Federal laws shall supersede any State laws. Suppliers must have a current Wyoming residency certification on file with the Wyoming Department of Workforce Services at the time of the bid submission in order to qualify for resident preference. Inquiries regarding obtaining a residency certification number should be directed to the Wyoming Department of Workforce Services, Labor Standards Office at (307) 777-7261. The Department of Workforce Services certifies residency and enforces the preference law.

EE. PAYMENT TERMS: The University of Wyoming prefers to provide payment in full Net 45 days after acceptance of goods and services. The University may consider other terms if a substantial discount or benefit is available for doing so, however, all proposed payment methods, terms inclusive of any additional fees, or discounts must be clearly stated within the Supplier’s proposal.

FF. EVALUATION CRITERIA: Responses will be considered from suppliers demonstrating history of successfully providing similar solutions. A resulting contract may be awarded to the supplier who most completely meets the University’s needs and provides the best value to the University.

GG. TERMINATION PROVISIONS: A resulting contract may be terminated as follows:

1. The University and the supplier, by mutual written agreement, may terminate the contract at any time.

2. The University, in its sole discretion, may terminate the contract for any reason upon 45 days written notice to the supplier. Such termination shall not relieve the supplier of any obligations to provide services during the notification.

3. The University may terminate the contract, in whole or in part, if the supplier fails to perform its obligations under the contract in a timely and proper manner. The University may, by providing written notice of default to the supplier, allow the supplier to cure a failure or breach of contract within a period of ten (10) days (or longer at the University’s discretion considering

RFP # KLW-2024-11 – LICENSED WHISKEY Page 10 the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested or in person with proof of delivery. Allowing the supplier time to cure a failure or breach of contract does not waive the University’s right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the supplier, the University may contract the service from other sources and hold the supplier liable for any excess cost occasioned thereby.

4. The University may terminate the contract immediately for the following reasons:

a. Supplier has made an assignment for the benefit of creditors, has admitted in writing its inability to pay debts as they mature, has ceased operating in the normal course of business, the supplier has voluntarily or involuntarily entered into bankruptcy proceedings, or the supplier is otherwise deemed insolvent.

b. A trustee or receiver of the supplier or of any substantial part of the supplier’s assets has been appointed by a court.

c. Fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by the supplier, its employees, officers, directors of shareholders.

d. Failure to uphold any fiduciary obligation to the University.

HH. SUSTAINABILITY PRACTICES: The University strongly encourages the campus community to adhere to sustainable practices. For product categories that have ENERGY STAR rated products available, the university will focus its procurement efforts on products with this rating, consistent with the needs of the University campus community.

II. GOVERNMENTAL CLAIMS: Any actions or claims against the University under this Agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S.

1-39-101 et seq. (1977) as amended.

JJ. INTERPRETATION: The Parties hereto agree that (i) the laws of Wyoming shall govern this

Agreement, and (ii) any questions arising hereunder shall be construed according to such laws,

(iii) this Agreement has been negotiated and executed in the State of Wyoming and is enforceable in the courts of Wyoming.

KK. SOVEREIGN IMMUNITY: The University does not waive its sovereign immunity or its governmental immunity by entering into this Agreement and fully retains all immunities and defenses provided by law with regard to any action based on this Agreement.

LL. ACCESSIBILITY COMPLIANCE: In regard to technology that will be utilized in regard to this

RFP, please answer the following, where applicable:

1. Describe specifically how your product or services comply with Section 508 standards.

2. If your product it not currently compliant in certain areas, describe your plans and time frame for achieving compliance.

3. Describe your accessibility conformance testing process.

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4. If you roll out upgrades after the University purchases the product, how can you assure the University that the upgrades will not interfere with accessibility?

5. Who will pay to remediate any necessary fixes after purchase?

6. Provide a completed Voluntary Product Accessibility Template (VPAT) for your product. If you do not have a VPAT, please provide your accessibility statement on how the product is fully accessible, or compliant, with Section 508. Questions regarding evaluating the accessibility of technology products or services should be directed to the ADA Coordinator, Employment Practices at 307-766-6236.

MM. EXPORT CONTROL: The University, its employees and its agents are subject to and shall comply with U.S. export control laws that prohibit or restrict a) transactions with certain parties, and b) the type and level of technologies and services that may be exported. These laws include, without limitation, the Arms Export Control Act, the Export Administration Act, and the International Economic Emergency Powers Act, and regulations issued pursuant to these, including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). As part of its commitment to compliance with U.S. export controls, UW requires information on the product(s) being purchased to enable the University to determine the applicable export controls. To be considered for this bid award, Bidder must identify the export jurisdiction (ITAR or EAR) and classification of its product, component, or service(s) in the response to this bid request. The suggested format for this information is set out in the table below.

Are any of the products subject to the Export Administration Regulations (EAR)?

Yes _____ No _____

If YES, indicate the ECCN No. of each product:

Are any of the products subject to the International Traffic in Arms Regulations

(ITAR)?

Yes _____ No _____

If YES, indicate the USML Category and Sub – Category of each product:

NN. LIQUOR LICENSE: All necessary State approved liquor or distillery licenses or permits shall be maintained at all times in the furtherance of the resulting agreement.

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SECTION III

SCOPE OF WORK

A. INTRODUCTION

1. Purpose

a. The University of Wyoming Trademark Licensing Office (UWTLO) and the State of

Wyoming (SOW) are jointly issuing this Request for Proposal (RFP) to select a Wyoming-based distiller with strong communication, branding, marketing, production and distribution capabilities to help design, develop, curate, produce, market and distribute an award-winning and regionally recognizable whiskey.

b. The proposal is to produce a co-branded product (i.e., the distillery brand and the university brand) to tell the story (the history, pride and tradition) of the Bucking Horse and Rider (BH&R) and the University of Wyoming (UW), while enhancing and promoting the UW brand and the distillery brand on a regional and national level.

2. History

a. For over a hundred years, the Bucking Horse and Rider trademark has represented a rich tradition in the State of Wyoming. Use of this image dates to World War I, when the insignia was used by the Wyoming National Guard as a means of identification on trucks, guns and helmets, a reminder of home and a symbol of the west. In the 1920s, the University of Wyoming athletic department placed the Bucking Horse and Rider mark on its athletic uniforms. In 1935, Secretary of State Lester Hunt proposed legislation to make changes to the Wyoming license plate design. The proposed changes were constructed to combat Wyoming's wide-spread issue of counterfeit license plates. In 1936, Wyoming's uniquely designed license plate containing the Bucking Horse and Rider made its debut and it has been there ever since.

b. In the early 1990s, there was an increased demand for commercial use of the mark. This prompted the SOW and the UW to join, create legislation and protect the mark to ensure that its ownership is rightfully retained by Wyoming, for the people of Wyoming.

B. SCHEDULE AND TIMELINE

RFP Issued to BidNet Thursday, July 18, 2024 Distiller Questions Due in BidNet Monday, August 5, 2024, at 2pm MDT Responses to Questions Posted to BidNet Wednesday, August 7, 2024 RFP Responses Due in BidNet Wednesday, August 21, 2024, at 2pm MDT Shortlisted Distillers Identified September 2024 Interviews/Tasting September 2024 Contract Negotiation September/October 2024 BOT Review/Approval (if required) October 2024 Whiskey Finalized and Full Rollout Fall/Winter 2024

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C. MANDATORY REQUIREMENTS

1. Distiller must meet the following mandatory requirements and submit copies of applicable permits and licenses from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the State of Wyoming as attachments to the RFP response:

a. Distiller must have a valid permit with the Alcohol and Tobacco Tax and Trade Bureau (TTB).

b. Distiller must have a valid business license and any permits required and issued by the State of

Wyoming.

2. The Committee will verify that Distiller is in good standing with the Wyoming State Liquor Division to ensure compliance with the mandatory requirements. If Distiller does not meet any of the mandatory requirements, Distiller’s response will not be considered for this RFP.

D. VENUE ACCESS

1. Distiller will have the opportunity to have signage and/or a marketing presence in-venue (War Memorial Stadium and / or the Arena Auditorium) through a negotiated partnership with Wyoming Sports Properties (WSP). Any marketing will need to be negotiated and evaluated between Distiller and WSP.

E. DISTILLER RESPONSE

1. Business Proposal

a. The Proposal shall present a full and complete description of your qualifications and approach to carrying out the work specified and to meet the relevant conditions specified in this RFP. The Business Proposal will include the following sections:

i. Company Overview

In this document, Distiller shall provide information about the company, its capabilities, and why it should be selected for this project. In addition, Distiller shall provide evidence of company stability, ability to perform required work for this project, number of years in business, number of employees, and company locations. Distiller may provide any additional information that demonstrates the strengths that the company can bring to this project.

Company shall indicate the form of organization and be able to certify that company has a Certificate of Good Standing or Certificate of Existence to do business in Wyoming. If the proposing company is owned or controlled by a parent company, please provide the name and main office address.

ii. Company Financial Status

Distillers shall provide company financial information. If the company is publicly traded, include a financial statement for the last two years, which includes at a minimum, a profit and loss statement and a balance sheet. If the company is not publicly held, submit a copy of the most recently audited financial statement and the organization and financial structure of your company.

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iii. Style of Whiskey

Distiller shall describe the proposed style of whiskey for this project (rye, malt, wheat or bourbon), as well as the conceptual framework as it relates to single barrel, small batch or blended (and if special edition releases for special UW events is envisioned or possible), and whether Distiller envisions using a straight whiskey for this project. Distiller should also include other relevant elements of the product including barrel type, projected alcohol by volume (ABV) at the time of bottling, overall drinkability, price point, and timeline from concept to delivery to market. Distiller should also list where product will be sourced from for blending or bottling.

iv. Distribution and Sales Plan

Distiller shall describe what distribution plan will be implemented to deliver the product to market throughout the State of Wyoming. Please further describe the ability and potential to ship across state lines as we envision this product as highly collectible for alums across the U.S. If another organization will be utilized to assist with distribution, this information should be included as part of the distribution plan. List the following by volume (by barrels):

● Annual sales in Wyoming broken out county by county in 2024 YTD, 2023, and

2022.

● Annual sales out of state broken out by city, county, market or state (e.g., Denver market) in 2024 YTD, 2023, and 2022.

● Provide an estimate of annual sales volume for a co-branded University of

Wyoming whiskey in Year 1, Year 2, Year 3, Year 4 and Year 5.

v. Production Facilities, Capabilities and Production Capacity

Distiller shall list and describe existing production facilities, locations, total production capacity by barrel, current annual production volume by barrel and any planned facility expansions in the next five (5) years.

vi. Brand Integration Strategy

Distiller shall describe in detail the marketing and branding strategy that will be utilized to integrate Distiller’s brand with the University of Wyoming branding and marketing strategy. Distiller shall include and describe any other co-branded projects or collaborations that would demonstrate an ability to integrate its brand and strategy with another brand.

vii. Community/Business Engagement

Distiller shall include a proposed plan or conceptual framework to potentially involve students, faculty or programs at the University of Wyoming. Distiller is encouraged to include any proposed programming related to under-age drinking and consumer alcohol awareness messaging and educational campaigns. Distiller should also describe plans to work with Wyoming businesses in terms of sourcing of ingredients, marketing services, or in any other fashion.

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viii. Sample Artwork, Design Concepts, Product Name & Promotional Products

Distiller shall submit at least one design concept utilizing the trademarks depicted on Exhibit B or an artistic rendering of said trademarks as part of this RFP. Other elements of the UW brand and identity are also available for use and incorporation into this design concept. All conceptual designs and artwork will remain the work product of the Distiller in the event Distiller is not selected as the partner under this RFP. In addition, university colors should also be considered and utilized in design concepts. Distiller should also note that conceptual designs and artistic interpretations of trademarks will be considered.

Please also include a brief description of plans and design concepts as it relates to complimentary branded apparel or other promotional products, potential licensee partners to consider, and distribution and sale channels to be utilized with respect to apparel and promotional products.

2. Awards – Quality of Whiskey

a. Distiller shall list any recognition or awards received in the past ten (10) years, along with the name of the whiskey, a description of the category in which the award was received, the name of the organization presenting the award, and the year in which the award was received.

Distiller can also provide any other pertinent information that provides an indication as to the quality of Distiller’s product.

3. Proposed Project Schedule

a. The Distiller awarded this RFP will need to begin the effort shortly after contract execution.

b. Distiller shall propose a detailed proposed project schedule, from the time of contract execution to full roll out in Fall/Winter 2024 including anticipated timing for when the product will be available for purchase.

c. If subcontractors will be used under this procurement, provide details on each subcontractor and the parts of the project in which they will be involved. Describe your process for selection and management of subcontractors, including how subcontractors are evaluated on an ongoing basis. Describe what information subcontractors will be allowed to access and how you will monitor their activities.

d. The proposed project schedule shall provide a roadmap of tasks, resources, and timing necessary to complete the work. The proposed project schedule shall include, but not be limited to, the following:

i. Tasks with scheduled start and completion dates;

ii. Key milestones;

iii. The proposed project schedule shall be able to be printed and be easily readable and should provide for appropriate time for contract negotiations.

4. In-Person Presentations and Tasting

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a. After the review and evaluation of proposals, the Evaluation Committee anticipates shortlisting a group of finalists for an in-person interview, presentation and tasting in Laramie, WY are anticipated to take place in September 2024. The finalists will be expected to provide a final presentation that shall encompass at minimum the elements outlined in Section III, Scope of Work. At the conclusion of the presentation and following a time allotted for Q&A, the finalists shall host a tasting that will feature the whiskey or whiskeys that the Distiller would recommend for this engagement. The tasting is intended to indicate the Distiller’s ability to produce a high-quality whiskey that can be enjoyed by Pokes fans everywhere but is not necessarily intended as the actual whiskey for this engagement. The Committee reserves the right to include individuals outside the Committee in the tasting component to gather a wider breadth of opinion on the quality of the Distiller’s products.

b. The Evaluation Committee reserves the right to request a secondary tasting of the proposed whiskey from one or more distillers, prior to final selection.

5. Proposed Royalty Structure

a. The selected partner will be partnering to develop, distribute and sell a licensed product and Distiller understands that the sale of the licensed whiskey will be royalty bearing. Distiller shall provide a proposed royalty structure which may include information about percentage of sales, flat fees, tiered royalties based on volume, etc. as well as when and how the royalty will be triggered based on the proposed project schedule (Section III, E, 3 above).

6. Proposed Contract Template Exceptions/Concerns

a. Exhibit C is the Proposed Contract Template which will be used during contract negotiations.

Distillers shall provide a document containing any exceptions or concerns identified within the template.

7. Business Proposal Response Section Numbering

a. The Business Proposal shall include information and details pertaining to the sections identified below and shall be numbered in the exact number and naming configuration shown below. Distillers may use sub-numbering within the section numbers as desired.

Section Number Section Title

Transmittal Letter 1 Company Overview 2 Company Financial Status 3 Style of Whiskey 4 Distribution and Sales Plan 5 Production Facilities, Capabilities and Production Capacity 6 Primary Packaging 7 Brand Integration Strategy 8 Community/Business Engagement 9 Sample Artwork, Design Concepts and Promotional Products

10 Awards - Quality of Whiskey

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11 Proposed Project Schedule 12 Proposed Royalty Structure 13 Value Added/Additional Services (Option)

8. Value Added/Additional Services (Option)

a. The University is interested in maximizing professional services contracts as they relate to achieving additional value that would further benefit the University and its operations. As such, Distillers are encouraged to consider, develop, and propose value-added concepts, programs, components and the like that would further enhance the request represented in this

RFP.

i. If available, describe any value added/additional services/functionality that the Distiller suggests for the University for this solution.

ii. Describe any other designations, certifications, or licenses that the Distiller possesses that are related to this implementation and ongoing solution.

iii. Describe any solutions to issues that the Distiller believes the University will encounter with this program.

The remainder of this page was intentionally left blank.

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SECTION IV

REFERENCES

Support relevant experience by providing three (3) business references. References shall include the length of time the company provided service to the institution, phone number and email address of main contact. The University reserves the right to contact any reference, whether provided by the Supplier or obtained by the University in connection with evaluation of this RFP.

1. Company Name

Address

Contact Person

Telephone

Email

Describe length of time and services performed

2. Company Name

3. Company Name

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SECTION V

EVALUATION OF PROPOSALS

The University intends to award the contract to one (1) Distiller for the requested solution indicated in this solicitation and deemed in the best interest of the University. Those proposals that are clearly non-responsive to the stated requirements may be eliminated prior to evaluation.

A. OVERVIEW

1. Evaluation committee: The Committee will conduct a comprehensive, fair, objective, and impartial evaluation of proposals received in response to this Request for Proposal. Proposals will be evaluated independently by the evaluation committee members.

B. COMPLIANCE WITH MANDATORY REQUIREMENTS

1. To be considered responsive, a submitted proposal must meet the mandatory requirements defined in this RFP. The mandatory requirements are intended to ensure that evaluation of the Distiller proposal can proceed, and that the Distiller agrees to perform all responsibilities within the RFP.

C. FINAL RANKING OF PROPOSALS

1. The University of Wyoming will provide oversight authority during the evaluation process. The University of Wyoming reserves the right to reject any or all proposals, to waive any informality or technical defect in the proposals, or to award the contract in whole or in part, if deemed in the best interest of the University to do so.

D. RIGHT OF OWNERSHIP AND MARKETING OF INTELLECTUAL PROPERTY AND

INTELLECTUAL ASSETS SUBMITTED FOR THE RFP

1. It is acknowledged and agreed that the only party with a right to market, trademark, patent, copyright, or any like right to any intellectual property and intellectual assets submitted in relation to the Request for Proposal shall be and is solely vested in the University. This includes all intellectual property and intellectual assets related to both the written proposal and the oral presentation and any and all documents, pitches, products, media pitches, web screens, layouts, etc.

produced for the written proposal and the oral presentation, and any updates, changes, alterations, or modifications to or derivative works.

E. EVALUATION OF PROPOSALS

1. Responses will be individually evaluated based on the following criteria:

Evaluation Criteria Score 0-5 Weight

Total Points Possible

1. Company overview including but not limited to:

company capabilities, experience, history, financial stability 5 8 40

2. Proposed Distribution and Sales Plan 5 10 50

3. Capabilities and Capacity of Production Facility(ies) 5 10 50

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4. Proposed Whiskey, Packaging, Artwork, Design and Promotional Products 5 10 50

5. Awards – Quality of Whiskey 5 8 40

6. Proposed Brand Integration Strategy 5 7 35

7. Community and Business Engagement Strategy 5 6 30

8. Proposed Project Schedule and Roll Out 5 8 40

9. Royalty Structure and Value-Added Opportunities 5 9 45 Total 380

2. Scores will be assigned on a 0-5 point scale as defined below:

Score Assessment Description

0 No value The Distiller has omitted this requirement or did not provide the requested information.

1 Poor

The Distiller has failed to demonstrate their capability, or the information provided is of little or no value, or the Distiller has simply restated the requirement with an agreement to comply.

2 Below Average

The Distiller has demonstrated a below average capability or service solution to meet this criterion and has not described their approach in sufficient enough detail to be considered "capable of meeting minimum requirements".

3 Average

The Distiller has demonstrated an acceptable capability or service solution to meet this criterion and has described their approach in sufficient enough detail to be considered "capable of meeting minimum requirements".

4 Above Average

The Distiller has demonstrated an above-average capability, approach, or services solution and has provided a complete description of the capability, approach, or services solution.

5 Excellent

The Distiller has provided an innovative, detailed, efficient approach or established, by references and presentation of material, far superior capability in this criterion area.

3. The University reserves the right to conduct demonstrations of proposed whiskey(s) with shortlisted Distiller(s) who submit a proposal but is not required to do so.

a. The determination of whether to conduct demonstrations/interviews with the shortlisted

Distiller(s) shall be made by the University based solely on its determination of whether demonstrations would be helpful in evaluating the proposals.

b. Any Distiller selected for a demonstration/interview will be expected to make an introductory presentation followed by a question-and-answer period.