M-17-26 Food Service and Vending Services.pdf

Food Service and Vending Services

Bristol Community College May 2026

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Request for Proposal (RFP)

M-17-26

Proposals Due May 28, 2026

Proposals will be received until 2:00p.m.

777 Elsbree Street

Fall River, MA 02720 Phone: (508) 678-2811 Fax: (508) 730-3279

May 4, 2026

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Sections

A. Procurement Purpose ………………………………………………….. Page 4 B. Tentative Schedule ………………………………………………….…. Page 4 C. Bidders’ Conference ……………………………………………….….. Page 4 D. About Bristol Community College ………………………………….… Pages 4 - 5 E. Anticipated Contract Agreement Term …………………………….….. Page 5 F. Inquiries …………………………………………………………….…. Page 5 G. General Information …………………………………………………… Page 5 H. Unforeseen Office Closure …………………………………………..… Page 6 I. Confidentiality …………………………………………………….…… Page 6 J. Preparation Costs …………………………………………………….… Page 6 K. General Processing and Selection Procedures …………………………. Page 6 L. Background Statement …………………………………………………. Pages 5 - 9

1. Current Food Service Staffing …………………………………. Page 7

2. Kitchen Facilities ………………………………………………. Page 7

3. Catering ………………………………………………………… Pages 7 - 8

4. Sales ……………………………………………………………. Page 8

5. Vending Service …………………………………………….. Pages 5 - 9

M. Scope of Service ………………………………………………………... Pages 9 - 20

1. Conditions of Operation ………………………………………... Page 10

2. Service Hours …………………………………………….……... Page 10

3. Catering …………………………………………………….…… Page 10

4. Tabacco Products ………………………………………….……. Page 10

5. Maintenance of Area …………………………………….……… Page 11

6. Inventory ………………………………………………….…….. Pages 11 - 12

7. Regulations ………………………………………….………….. Page 12

8. Environmental Purchasing Policy ………………………………. Page 12

9. Background Checks …………………………………………….. Page 12

10. Disclosure of Independence and Relationship ………………….. Page 13

11. Liability Insurance ……………………………………………… Pages 13 - 14

A. Worker’s Compensation ………………………………… Page 13 B. Comprehensive General Liability ………………………. Page 13 C. Contractual Liability ……………………………………. Page 14 D. Personal Injury with Employment Exclusion deleted …... Page 14 E. Comprehensive Automobile Liability ………………..…. Page 14 F. Umbrella Policy …………………………………………. Page 14

12. Hold Harmless …………………………………………………… Page 14

13. Force Majeure …………………………………………………… Page 14

14. Termination ……………………………………………………… Pages 14 - 15

15. Breach of Agreement ……………………………………………. Page 15

16. Premises …………………………………………………………. Pages 15 - 16

17. Timely Payments and Bankruptcy ………………………………. Page 16

18. Accessibility Conformance Report ……………………………… Pages 16 - 17

1. Voluntary Product Accessibility Template (VPAT) …….. Page 16

2. Web Content Accessibility Guidelines (WCAG 2) ……… Page 16

3. Organization Control Report …………………………….. Pages 16 - 17

Continued ….

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19. Permits …………………………………………………………… Page 17

20. Security …………………………………………………………… Page 17

21. Parking …………………………………………………………… Page 17

22. Miscellaneous Requirements …………………………………….. Pages 17 - 20

N. Evaluation Criteria ……………………………………………………….. Pages 20 - 21 O. Bidder Information ………………………………………………………. Pages 21 - 22 P. General Conditions and Notice to Bidders ………………………………. Pages 22 - 23 Q. Proposal Submission Structure …………………………………………... Pages 23 - 24

1. Statement of Purpose …………………………………………….. Page 23

2. Company Overview ……………………………………………… Page 23

3. Proposed Menu Options …………………………………………. Page 24

4. Experience and References ……………………………………… Page 24

R. Submission of Proposal …………………………………………………. Pages 24 - 25 S. Timeline ………………………………………………………………… Page 25

1. Proposals Due …………………………………………………… Page 25

2. Proposal Awarded ……………………………………………….. Page 25

Additional Documents

• Reference Form Exhibit A

• Company Contact Information Exhibit B

• Complete Non-Collusion Statement. Exhibit C

• Complete Tax Compliance Certification. Exhibit D

• Voluntary Product Accessibility Template (VPAT) See Link n RFP

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A. Procurement Purpose Bristol Community College (hereinafter, Bristol or the College), an agency of the Commonwealth of Massachusetts, seeks proposals for an experienced college Food Service and Vending Services.

If a vendor is part of a purchasing program under a State or National contract, the contract number must be noted on the proposal for reference.

This RFP does not obligate Bristol to take any specific action. The College reserves the right to select the proposal that, in its judgment, best aligns with its needs, taking into account the vendor’s overall ability to effectively provide the requested services.

B. Tentative Schedule

Dates may be revised due to unforeseen circumstances. Every effort will be made to inform known bidders of changes to the timeline. Below is a tentative schedule of events for this project.

Date & Time Event May 4, 2026 Request for Proposal Issued May 11, 2026 Optional Bidders’ Conference - Site Visit May 14, 2026 Deadline for questions from bidders by 2:00 p.m.

May 21, 2026 Deadline for Bristol to answer questions May 28, 2026 RFP closing date 2:00 p.m.

May 29th – June 5, 2026 Proposal Review Process June 8, 2026 College awards bid

Dates are subject to change and amendments will include any changes to the schedule prior to the RFP closing date.

C. Bidders’ Conference An optional Bidders’ Conference will be held on:

Date: May 11, 2026 Location: 777 Elsbree Street, Fall River MA Building: Hudnall Administration Building (Bldg. D) Room: D115 Time: 10am

D. About Bristol Community College

Bristol Community College has core values rooted in student success and lifelong learning. For more than 59 years, Bristol has served as a leading resource for education and workforce development in the region including locations in Attleboro, Fall River, New Bedford and Taunton.

The College offers a rich variety of degrees, certificate and training programs along with flexible online offerings that lead to an associate degree, a career-ready certificate or the ability to transfer to baccalaureate colleges throughout the state and country. Bristol’s Business Solutions & Partnerships provides customized training for businesses and the community. The College also strives to put the needs of learners first with support services and career advancement opportunities that lead to student success by reducing barriers to educational access.

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The College is one of the largest employers in the region and is dedicated to fostering an inclusive environment with a rich diversity of beliefs, cultures, languages, abilities and lifestyles. Bristol is a public community college accredited by the New England Commission of Higher Education (NECHE). http://www.bristolcc.edu/.

E. Anticipated Contract Agreement Term

It is expected that this agreement will be for three (3) years until June 30, 2029, and may be renewable thereafter for three (3) additional years (July 1, 2028 to June 30, 2032).

Renewal is contingent upon fiscal funding, vendor performance, and if it remains in the best interest of Bristol.

F. Inquiries

All questions shall be answered in writing through an addendum, and both the question and response shall be sent to all vendors who were sent the RFP.

All questions and requests for information or clarification must be submitted via e-mail by May 14, 2026, no later than 2:00 p.m. Eastern Daylight Time (EDT) via email to Philicia Pacheco, Director of Purchasing and Business Services at Philicia.Pacheco@Bristolcc.edu with "M-17-26 Food Service and Vending Services" on the subject line.

No questions other than via this method will be accepted. No response other than via this method will be binding upon Bristol.

G. General Information

Unless otherwise specified in this RFP, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all price proposals or figures in U.S. currency. All times listed in this RFP are EDT. All responses must be submitted in accordance with the specific terms of this RFP.

Proposals must be available for acceptance for at least ninety (90) days after the proposal opening date unless otherwise noted in the proposal.

Vendors are prohibited from communicating directly with any employee of the College except as specified in this RFP and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFP.

Should the vendor find discrepancies in or omissions from the specifications, or shall be in doubt as to their meaning, the vendor should notify the College contact Philicia Pacheco at Philicia.Pacheco@Bristolcc.edu with "M-17-26 Food Service and Vending Services" on the subject line.

The College accepts no liability and will not provide any accommodation to bidders who submit a response based upon unsolicited and an out-of-date solicitation document.

The College retains the discretion to accept the proposal it determines to be in the best interest of both the College and the Commonwealth of Massachusetts. In making this decision, the College will consider which proposal most closely satisfies its requirements, with particular attention to the vendor’s demonstrated capability to deliver the requested services effectively.

http://www.bristolcc.edu/ mailto:Philicia.Pacheco@Bristolcc.edu

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H. Unforeseen Office Closure

If, at the time of the scheduled proposal deadline, the College is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation or pandemic, the proposal deadline will be postponed until 2:00 p.m. on the next normal business day. Proposals will be accepted until that date and time.

I. Confidentiality

The College reserves the right to review the content of vendor responses with internal or external persons for the purposes of vendor selection.

J. Preparation Costs Bidders are responsible for all costs incurred in responding to the RFP (including demonstrations).

Bristol will not reimburse any costs under any circumstances, even if the RFP is canceled, no contract is awarded, or the project proceeds through another process.

All documentation submitted with an RFP response becomes the property of Bristol.

K. General Processing and Selection Procedures

The following procedures are generally used in the selection of a vendor to provide professional services:

1. An RFP package is available to interested parties. It is available on the Commonwealth of

Massachusetts’ website, www.commbuys.com.

2. A Selection Committee (the Committee) is formed to evaluate the RFP responses.

3. The Committee receives written RFP responses.

4. The Committee reviews and evaluates the RFP responses based on the established selection criteria and a comparison of all RFP responses submitted. If necessary, the committee may request a meeting with one or more of the Bidders to clarify and/or expand on the response. In accordance with the requirements of the RFP, the College may negotiate terms, conditions and fees with the successful Bidder.

5. The committee selects the RFP response which, based on the ability to meet the criteria, appears to be the most advantageous selection for the College, and subsequently recommends contract award to the Vice President of Administration and Finance.

6. The College reserves the right to reject all Proposals or parts thereof, to waive any irregularities or informalities in the RFP procedures and to award the contract agreement in a manner best serving the interest of the College.

L. Background Statement

Bristol Community College is a two-year public commuter college, operating on a semester basis with no residence halls. On the Fall River campus there are 11 buildings on the main campus that are open from 7am to 10pm Monday - Friday and from 8am to 4pm on Saturday. The cafeteria and Hawks Nest typically operate Monday – Friday with the exception of catered events. Over the summer, credit classes are offered Monday through Thursday and on Saturday.

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The College offers an associate degree program in Culinary Arts. Students and instructors in that program use the kitchen in the lower level of the Commonwealth College Center for instruction from 8am to 7:30pm Monday - Friday and sometimes use the dish room and cafeteria facilities on the first floor as part of their teaching and training activities. Scheduling is arranged to mutually accommodate the food service operation and the Culinary Arts Program. The Culinary Arts Program does some of the catering on campus to showcase the students' work.

The College also offers a campus card program through Transact. Declining balance sales (Bristol Buck$) are accepted in the Cafe and Hawks Nest, a discount of 8% is currently given to customers using Bristol Buck$.

1. Current Food Service Staffing

1. General Manager

2. Chef / Kitchen Manager

3. Grill Cook

4. Deli Clerk

5. Server / Salad Bar Prep

6. Back of House Prep

7. Cashier - Cafe

8. Cashier - Hawk’s Nest

2. Kitchen Facilities

The College maintains two kitchen facilities available for use by the Food Service Provider: one at the Fall River Campus and one at the New Bedford National Offshore Wind Institute (NOWI).

1. The Fall River kitchen is currently operating at full capacity. There is a full-service Cafe and dining room in the Commonwealth College Center (G Building) which serves breakfast and lunch year-round. Bristol owns the food service equipment and provides equipment maintenance and utilities.

The Hawks Nest is fully equipped and located in the lobby of the Health Technologies Building (C Building). It operates daily when classes are in session. While some food preparation happens at the Hawks Nest, most menu items are prepared in G Building and delivered to the location.

2. The NOWI kitchen was designed to support offshore wind training and recertification programs, which include breakfast, lunch, and snacks as part of it program tuition. At present, food items are delivered weekly due to low enrollment, but as enrollment grows, the Food Service Provider will be expected to fully operate the NOWI kitchen to meet program needs.

The NOWI facility also includes rentable space offering self-service food purchases through barcode scanning and credit-card payment.

3. Catering

Catering services are primarily provided on the Fall River Campus. For events held at other College locations, catering for small meetings or functions (50 attendees or fewer) may be sourced from an external vendor when appropriate.

Catering requests vary widely and may include coffee service, light refreshments, boxed meals, or full-course plated or buffet-style meals. Function space is available in several locations, including the Commonwealth College Center, the Fine Arts Center, the Administration Building, and various academic buildings. Throughout the year, the College hosts a number of campus-wide events requiring catering services, such as Opening Day, brunches, graduation-related functions, and other

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Catering services are also frequently requested by external organizations that utilize College facilities for meetings, trainings, and special events.

4. Sales

Total sales over the last four fiscal years is as follows:

FY’23 FY’24 FY’25 FY26 YTD

Cafeteria $ 235,514.62 $ 272,818.43 $ 281,893.26 $ 228,269.52 Hawks Nest $ - $ - $ 59,119.61 $ 40,795.50

Catering $ 156,219.56 $ 220,570.35 $ 393,374.64 $ 415,953.04

NOWI $ - $ - $ 5,108.30 $ 2,416.15

Total $ 391,734.18 $ 493,388.78 $ 739,495.81 $ 687,434.21

5. Vending Services The successful Bidder will be responsible for the full management and oversight of all vending services across College locations either directly or through an approved subcontractor, subject to College approval. This includes:

• Coordinating installation, placement, and relocation of vending machines

• Ensuring machines are fully stocked with approved products

• Maintaining equipment in good working order, including timely repairs

• Monitoring sales, inventory levels, and machine performance

• Ensuring cashless and accessible payment options

• Providing regular reporting to the College

• Ensuring compliance with all health, safety, and accessibility requirements

• Customer experience and expectations.

There are 23 vending machines located across campuses that are overseen by Bristol’s current food service provider. These machines are owned and operated by LTD Vending, offering snacks, water, and cold beverages. Vending operations are administered under the existing food service contract, and the revenue generated from vending sales is applied toward reducing the College’s monthly subsidy for food service operations.

Vending Machine Locations:

Fall River Campus: 777 Elsbree Street, Fall River, MA 02720 Building Location Machines A – Learning Resource Center Cyber Café Snack, Coke B – Engineering Building Near B110 Snack, Pepsi C – Siegel Health Technologies Near C111 Snack, Coke E – Science Building E Study Area / Near E100 Snack, Dasani G – Commonwealth Center G100 / Lobby Snack, Coke H – Jackson Arts Center Near H106 Snack, Aquafina J – Jack J. Sprega Health Sciences J140 / Vending Café Snack, Coke K – Robert F. Stoico / FIRST Fed Business Technologies Near K220 / Lounge Snack, Dasani

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Attleboro Campus: 11 Field Road, Attleboro, MA 02703 Location Machines 2nd Floor Cafeteria Snack, Aquafina, Red Bull

New Bedford Campus: 800 Purchase Street, New Bedford, MA 02740

5th Floor Hallway Snack, Coke

Taunton Campus: 2 Hamilton Street, Taunton, MA 02780

Outside Room 122 Snack, Coke

Total sales over the last four fiscal years is as follows:

FY’23 FY’24 FY’25 FY26 YTD

$ - $ 12,583.80 $ 12,780.45 $ 11,654.13

Working together, the food service management team and Bristol will provide quality food products at reasonable prices, excellent customer service, clean and attractive dining facilities, reliable hours of operation, and maximum sales. The College's Director of Purchasing and Business Services (or his/her designee) works closely with the food service management team and staff on an on-going basis.

Auxiliary Services, serving in an advisory role for food service, vending, bookstore, and childcare, holds regular meetings with contracted vendors and the Director of Purchasing and Business Services (or his/her designee) to ensure coordinated oversight.

In addition, the College will consider alternative proposals and options, including branding initiatives, grab-and-go offerings, and pre-packaged foods. Bidders are encouraged to submit innovative and creative responses that go beyond the RFP requirements and support continuous improvement in food quality, hours of operation, and the College’s service and financial goals. Any proposed alternative or elimination of services, menu items, hours, product lines, or other RFP requirements must be fully and clearly described. Alternative proposals may also include special afternoon and/or Saturday grab-and-go options (quick-catering menus) to support student club activities.

M. Scope of Service

The RFP and Bidder’s proposal shall constitute the basis for the contract agreement between the successful Bidder and the College. The content within this section provides additional clarity of expectations related to services required or terms expected to be in the final contract agreement which the Bidder should consider as they develop their proposal. Any use of the term ‘the/this Agreement’ hereafter is in the context of a future contemplated contract agreement between the College and the Bidder.

The heavy concentration of cafeteria use will be during the College academic year during the day (see attachment 2026- 2027 Academic Calendars). However, food service must be provided throughout the year in order to accommodate the needs of faculty, staff, campus visitors, special events and activities.

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1. Conditions of Operation The vendor shall have the sole and exclusive right to operate and manage the campus Café, Hawks Nest, and catering services on the Fall River and NOWI campus for the duration of this contract. The only exception is the College’s discretion to utilize the Culinary Arts Program for functions when deemed appropriate.

Food pricing must remain consistent with pricing at other colleges and universities within the state system. All pricing policies are subject to review and prior approval by the College.

The vendor shall be granted access to the College’s events request calendar, which includes internal and external events that may present catering opportunities.

2. Service Hours Classes generally begin between 7:00 - 8:00 a.m. in the morning and continue throughout the day and evening until 9:40 p.m. The heaviest concentration of classes is between 8:00 a.m. and 2:00 p.m.

and in the evening. Classes generally run on Saturday from 8:00 a.m. to 4:00 p.m.

Requested cafeteria hours of operation are listed below unless otherwise mutually agreed to by the College and the Vendor. Special events, activities and catered events may occur outside of these times.

• Café: Available on a twelve-month basis

• Monday through Friday from 7:30 a.m. to 2:00 p.m.

• Hawks Nest: Fall and Spring Semester Hours

• Monday through Thursday from 7:30 a.m. to 2:00

Fridays from 7:00 a.m. to 1:30 p.m.

• Summer, Intersessions and day’s no classes are schedualed.

Closed

3. Catering

Catering services shall be available on a twelve-month basis. A printed and online catering menu, including prices, will be available the first day of operation. The menu and pricing must be approved by College administration prior to the contract start date. The Vendor must state its catering policy with regard to amount of advance notice, guarantees, cancellation, and refunds for unused food/supplies. The awarded vendor will have first right of refusal regarding catering events on the Fall River and NOWI campus with the exception of the Colleges choice to utilize the Culinary Arts Program services for functions when it deems appropriate. If for some reason a catering request is rejected or is considered unresponsive (Vendor must respond to requestor within 24 hours or the next business day), then the requestor is at liberty to use an off-campus vendor.

Catering services will communicate to event requestor and Facilities Operations personnel, in a timely fashion, event set up requirements via submission using School Dude, to ensure proper execution of each event.

4. Tabacco Products

Will not be permitted for sale on campus.

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5. Maintenance of Area The vendor is responsible for and agrees to:

A. Keep the premises in the same order and repair as they were in at the commencement of this agreement (reasonable wear and tear excepted).

B. Keep all fixtures and equipment including without limitation, all heating, plumbing, electrical, and mechanical fixtures and equipment in the same operating condition they were in at the commencement of this agreement.

C. Any and all maintenance required activities to ensure no health code violations occur must be reported through the College Facilities electronic Work Order System (School Dude).

The College retains the exclusive right to select and approve the vendor for the maintenance and servicing of equipment.

D. The vendor shall coordinate the repair and/or replacement of all College owned food service equipment with the Director of Purchasing and Business Services (or his/her designee).

E. Keep the dish room area, storage rooms, loading dock and garbage bin area neat, clean, and orderly, which shall include compliance with all federal, state, county and municipal laws, ordinances, and regulations concerning the use of said premises.

F. Comply with 310 CMR 19.017 for recycling of all recyclable materials and work with the

College to meet all waste bin regulations up to and including composting of food scraps and other organic discards suitable for composting.

Work with the College to implement new practices, which reduce the generation of waste and maximize resource recovery for recycling and composting.

G. Provide and use biodegradable food service ware, including plates, cups, bowls, cutlery, straws, and collection bags, etc. If any of these products contain polymeric materials or coatings, said products/materials/coatings must meet ASTM Standard D- 6400-99 “Standard Specification for Compostable Plastics” for biodegradability.

H. Maintain the grease separators as specified by the manufacturer.

I. At the beginning of each calendar quarter a sanitation and safety checklist (according to USDA

Standards) will be submitted to the Director of Purchasing and Business Services (or his/her designee) by the Vendor.

The College will keep the cafeteria area clean, neat, and orderly with table cleaning, sweeping and emptying of trash throughout the day, and sweeping and mopping of the floor daily.

6. Inventory

At the commencement of the agreement term, the College and the Vendor shall take inventory of all spaces, equipment, fixtures, furnishings, decorations, and supplies and sign a written, mutually agreeable statement of inventory.

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The Vendor shall comply with all orders and regulations promulgated by Bristol Community College.

The Culinary Arts Program maintains its own kitchen (Room G18), storage areas, equipment, utensils, and service wares. All portable items are secured in locked storerooms, and their use is restricted unless permission is granted by a culinary faculty member. Students in the program may access the main dish room area. The vendor is expected to fully cooperate with faculty and staff in all aspects of the College’s educational programs.

Bristol provides three cash registers and a scale for use by the food service provider. Currently, there is one self‑service checkout available in the G Building café where customers select items to purchase and scan prepackaged items. To continue offering a self‑service option, all items must have barcodes and be scanned by the customer at checkout. Implementing barcodes on all items including grill items, salad bar selections, and deli products will significantly reduce the likelihood of customers selecting lower‑priced items at checkout, whether intentionally or unintentionally. This change supports accurate pricing, improves inventory control, and ensures consistency across all points of sale.

7. Regulations The Vendor shall keep him/herself fully informed of all existing and future state and federal laws and municipal ordinances and regulations, all of which provisions are hereby incorporated by reference and made a part hereof.

8. Environmental Purchasing Policy

Products and services purchased by state agencies must follow Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMB 21.00. In line with this directive, all contract agreements, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

9. Background Checks

The successful bidder agrees to conduct criminal background checks on all employees who will be present at the College prior to sending them to the College. The College may request new background checks of any employee at any time. Such criminal background checks will be performed at the bidder ‘s expense and at no additional cost to the College. If in the College's sole discretion objectionable information regarding any employee is discovered in the background check, such person shall not be allowed to continue working at the College. The minimum background check process shall include, but not be limited to, the following checks:

1. Social Security Number Trace

2. Federal, State and County Criminal Background Checks

3. National Sex Offender Registry

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10. Disclosure of Independence and Relationship Prior to the award of any Agreement, the successful bidder shall certify in writing to the College that no relationship exists between the successful bidder, its owners, partners or employees and the College that interferes with fair competition or is a conflict of interest, and that no relationship exists between the successful bidder and another person or organization that constitutes a conflict of interest with respect to an Agreement.

11. Liability Insurance

Provide all customary comprehensive liability insurance coverage of at least $1,000,000 throughout the life of this agreement without recourse to the College and so as to hold the College harmless. For all insurance required, a certified copy or each policy or certificate of such insurance shall be delivered to the College within fourteen (14) calendar days after the signing of a contract agreement.

Each certificate or instrument shall contain a valid provision or endorsement that the policy may not be canceled, terminated, changed, or modified without giving thirty (30) calendar days' written advance notice to the College. If determined necessary by the College, the Food Service provider shall deliver to the College, upon demand, the original of any policy for review, and upon completion of the review, the policy shall be returned to the Food Service provider. The Bidder shall include a provision that there will be no right of subrogation against the College in the event of a worker’s compensation or liability insurance payment.

The Bidder shall have and maintain without deductibility, Contractor’s Public Liability and Property Insurance and Contractor’s Protective Public Liability, Protective Property Damage Liability Insurance and Comprehensive Automobile Liability in not less than the following amounts:

A. Worker’s Compensation:

Worker’s compensation must include and cover working executives and owner/operators.

State Statutory Applicable Federal Statutory Employer’s Liability Each Accident $1,000,000.00

Disease policy limit $500,000.00

Disease per employee $100,000.00

B. Comprehensive General Liability Including Premises-Operations: Independent Contractor’s Protective: Products and Completed Operation Broad Form Property

Bodily Injury

Each Person $1,000,000.00

Annual Aggregate $1,000,000.00

Property Damage Each Occurrence $1,000,000.00

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C. Contractual Liability

Each Occurrence $1,000,000.00 Property Damage

D. Personal Injury with Employment Exclusion deleted

E. Comprehensive Automobile Liability

Each Person $1,000,000.00

Property Damage

F. Umbrella Policy $5,000,000.00

The Food Service provider indemnifies and holds harmless the Awarding Authority, Bristol, the Board of Higher Education, and the Commonwealth of Massachusetts from any liability during the receipt, service, and sale of food service and vending items and sale of items or from any of its employees, agents, or authorized subcontractors in the performance of its obligations under the agreement.

12. Hold Harmless

The successful bidder shall defend, protect, and hold harmless the Commonwealth of Massachusetts, the Board of Higher Education, the College, its Board of Trustees, and their employees and agents from and against all claims, suits, and actions arising from any act or omission of the vendor, or any of its employees, agents, or authorized sub vendors, in the performance of its obligation under this

13. Force Majeure

Neither party shall have any obligation to the other for its inability to perform its obligations hereunder by reason of fire, flood, unanticipated labor disputes, federal, state or local legislation, or regulations issued in connection therewith, or for any other reason beyond the party’s control, provided that the affected party uses its best efforts to thereafter renew its performance hereunder as expeditiously as possible.

14. Termination

Termination Without Cause The College may terminate the Agreement for any reason, provided the following procedure is followed:

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A. Written notice must be given by the College to the bidder prior to the effective date of termination. The College may terminate by giving not less than one hundred twenty (120) days’ notice to the bidder.

B. Termination of this Agreement by the College, prior to the expiration date of this Agreement without cause, shall not obligate Bristol for any inventories or advance payments except reasonable quantities of crested or imprinted clothing or gift items in clean saleable condition, which shall be either purchased by a new bidder or by the College, at actual wholesale invoiced cost. The College shall not be responsible for the undepreciated amount of any investment or leasehold improvement provided as part of this Agreement.

15. Breach of Agreement A. The College may cancel this Agreement for breach, as determined solely by the College. In the event the bidder fails to carry out, comply or perform under the terms of the Agreement, including but not limited to, failure to consistently provide sufficient quantities of text materials, failure to provide text materials in a timely manner, failure to make payment when due, failure to provide sufficient insurance coverage or failure to operate in a reasonable manner for the best interests of the College and its students. The College may give the bidder written notice of its failure to perform, and will provide the bidder thirty (30) days to respond with a plan to correct the issue(s). If the bidder fails to provide a suitable plan or correct the default within thirty (30) days, the College shall have the right to cancel and terminate the Agreement without additional notice.

B. In such case, at the College’s option, the bidder may be required to continue operation until relieved by a subsequent operator chosen by the College, for a period of up to one hundred eighty (180) days’ after receipt of such written notice. Bidder shall pay all expenses, reasonable attorney fees and costs incurred in good faith by the College in enforcing the terms of this Agreement.

C. Upon cancellation of the Agreement due to breach by the bidder, the bidder shall pay the College all guaranteed payments owed for the term of the Agreement, less the value of any guaranteed payments provided by a subsequent operator for the same period. Cancellation by breach shall not obligate the College for any inventories, cash advances, investments, or leasehold improvements made by the bidder or in any other way.

D. In addition to the rights listed above, the College may, by giving written notice to the bidder, call for the acceleration of the Agreement’s terms, and that the balance of any guaranteed payments are immediately due and payable within thirty (30) days of the notice.

16. Premises

Upon termination of the Agreement or any renewals hereof, the bidder shall vacate the premises and deliver premises to the College in the same condition the premises were in at the time the bidder enters into such agreement, reasonable wear and tear excepted; provided, however, that the College, by written notice may require that any or all of the alterations, additions, and improvements to the premises not be removed by the bidder, the same being a part of the premises. Notwithstanding the foregoing sentence, the bidder shall have the right upon termination or expiration of the Agreement to remove such furniture, furnishings, equipment, trade fixtures, and other personal property of the

16 | P a g e bidder placed in or upon the premises provided the bidder shall, at its sole expense, repair any damage to premises caused by such removal.

17. Timely Payments and Bankruptcy

If, at any time during the term of this Agreement, the bidder fails to make timely payment of any commissions, or any petition of bankruptcy shall be filed by or against the bidder, or if it shall be adjudged a bankrupt, or a receiver shall be appointed by any court of competent jurisdiction, to take possession of this property, or if it shall make any assignments for the benefit of creditors, then this Agreement shall immediately cease, terminate, and expire; and the College shall have the right forthwith, by force or otherwise, to re-enter the premises, to have, repossess, and to enjoy without liability for damages, the retail space and all equipment and furniture contained therein, anything in this Agreement to the contrary notwithstanding. Bidder shall provide the College written notice of any bankruptcy filing within twenty-four (24) hours of such filing. Bidder shall pay all expenses, reasonable attorney fees and costs incurred in good faith by the College in enforcing this term of the Agreement.

In the event the bidder repeatedly fails to make timely payment of any commissions, the College may give the bidder written notice of its failure to perform, and will provide the bidder thirty (30) days to correct the issues(s). If the bidder fails to correct the default within thirty (30) days, the College shall have the right to cancel and terminate this Agreement immediately, in accordance with Section “Termination”.

18. Accessibility Conformance Report

1. Voluntary Product Accessibility Template (VPAT) A Voluntary Product Accessibility Template (VPAT) is a document that explains how information and communication technology (ICT) products such as software, hardware, electronic content, and support documentation meet (conform to) the Revised 508 Standards for IT accessibility. Please see the following VPAT document (https://www.section508.gov/sell/vpat) to ensure your product meets all current accessibility guidelines. Please complete the template within the link and provide the completed form within your submission.

2. Web Content Accessibility Guidelines (WCAG 2)

WCAG 2 provides recommended technical specifications to improve the accessibility of web content, websites, media, and training materials. The awarded bidder will ensure that all deliverables meet the recommended criteria as provided in the Web Content Accessibility Guidelines 2.0 or 2.1. It is the awarded supplier's responsibility to provide a VPAT and ensure the delivered product complies with WCAG 2.1 AA by providing documentation to Bristol attesting to compliance.

As of April 2026, it will be a federal requirement that all systems and content at the College meet

WCAG 2.1 AA

3. Organization Control Report

A Service Organization Control (SOC) Type 2 report outlines a company's internal controls and details how well they safeguard customer data, specifically for cloud service providers. This is a third-party audit that shows if the security protocols are safe and effective. The College will require bidders to submit their most recent SOC 2, Type II audit report. If your company requires https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.section508.gov%2Fsell%2Fvpat&data=02%7C01%7CNRODRIGUEZ%40bridgew.edu%7Cbeb3111ecf9e46eb555608d7fcef172c%7C48ec3bf8d1654eabbbeef8d5307f46e1%7C0%7C0%7C637255976119171643&sdata=OVVDT%2BFEUHU5OXUAcDYgTL8dyD7WgPutAI4Z8gqUBek%3D&reserved=0

17 | P a g e additional information from the College to provide this report, please have this documentation prepared during the RFP process. It will also be the responsibility of the selected bidder to provide to the College an updated report for its required processes.

19. Permits

The successful bidder will procure and maintain at their expense, all permits, licenses, or other authorities necessary for the lawful performance of this contract. This is to include the alcohol policy of the college and the attainment of proper alcohol license from the City of Fall River for all events at which alcohol will be served.

20. Security

The College shall provide its routine security. If the vendor requires additional security, it shall be provided by, or coordinated through, the college's Chief of Police, for which the vendor agrees to pay prevailing hourly charges. No other security staff may be employed by the vendor. The vendor shall follow the College's policies in dealing with improper conduct, and shall report all incidents to the College's Chief of Police.

21. Parking

The vendor will comply with College parking rules.

22. Miscellaneous Requirements

1. The vendor will be responsible for keeping the area used for food preparation clean at all times.

2. The Director of Purchasing and Business Services (or his/her designee) has the right to accompany the vendor on all inspections.

3. The College will be responsible for the cost of waste disposal services including waste disposal units.

4. All food, vended or otherwise, must be coded, labeled and prepared in compliance with all town, state and federal health, sanitary and safety regulations.

5. Food service staff must be uniformed so as to insure immediate recognition by the students faculty, staff and campus visitors.

6. The vendor shall make no alteration nor erect any signs on the premises without authority from the Director of Purchasing and Business Services (or his/her designee). The vendor will work with the College Communications Director to promote hours, events and offerings.

7. The vendor shall not represent him/herself, nor permit him/her to be represented, as an agent of Bristol Community College. The use of the College's name on letterhead, billheads, signs or in any other manner by the vendor is not permitted.

8. The vendor shall not sublet any of the premises assigned to him/her for conducting his/her business without the written permission of the College. Off premise catering for College-related activities shall be done by vendor only by permission of the College and with a commission on gross sales minus taxes to be paid to College.

18 | P a g e

9. The vendor shall assume complete and sole liability for all taxes, which may become applicable to the transactions of the food service.

10. The College shall have the right at all times to inspect the services and premises and to sample food to determine the quality of the products and services and that the premises are maintained in a clean and sanitary condition to the satisfaction of the College. Further, that all applicable health and sanitation laws, rules and regulations of the federal government, the Commonwealth of Massachusetts and the City of Fall River, Massachusetts, have been met.

11. Neither the College nor the vendor shall be held liable for failure to perform if such failure is caused by fire, strike, or other causes beyond the control of either. In the event of a total destruction of the building or the part occupied by the vendor is so damaged that the premises are untenable then either party upon ten (10) Days written notice to the other, may terminate the

12. The College agrees to provide the space, or suitable substitute space as determined by the

College, that is currently being used by the present campus Café and Hawks Nest.

13. College-owned fixtures presently installed in the Cafe and Hawks Nest sites shall be available for use by the vendor. All other special furnishings and/or equipment shall be furnished, installed, and maintained at the vendor's expense.

14. At the termination of the agreement or cancellation thereof, the vendor shall give up and deliver to the College the premises promptly and in as good condition as the time of commencement of the term thereof. The vendor shall remove all its detachable equipment unless otherwise agreed upon by the College, subject to any lien, which the College may have to secure any unpaid charges due under this agreement.

15. In consideration for the privilege of operating the College Cafe, Hawks Nest and catering services, the vendor agrees to pay the College a commission based on gross sales. Gross sales are defined as total receipts. All taxes applicable to a sale shall not constitute a part of gross sales for the purpose of calculations of the percentage payment herein provided.

The proposal must clearly state the total sales required to break even and eliminate the need for a monthly subsidy.

16. The vendor shall provide all necessary plates, cups, glasses, flatware, serving utensils, platters, pitchers, and every other item needed to provide daily operations and special catering services.

17. The vendor shall take under advisement any recommendations by the College regarding dismissal of any of the vendor's employees whom the College finds undesirable. In this matter, the College's recommendation shall be final and binding unless there are mitigating circumstances which will be made known to the College.

18. The vendor shall be responsible for all breakage and damage to property (real and personal) that may occur as a result of the fault, negligence, or non-performance of duty on the part of him/herself or his/her employees in connection with the performance of the work herein specified. Repair or replacement of any such damage shall be commenced by the vendor within

19 | P a g e two (2) days of notification of such damage, and shall be completed expeditiously to the satisfaction of the Director of Purchasing and Business Services (or his/her designee).

19. The College will have complete access at all times to all of the facilities used by the vendor.

20. The vendor and the College will agree on menu items and their retail price, which thereafter will not be changed without the written approval of the College. No price increases will be approved during the first year of the contract. Any requests by the vendor for price changes during the term of this contract shall be submitted in writing to the Director of Purchasing and Business Services (or his/her designee) and shall not be put into effect until approved by the College. The College will consider price changes for individual items when there is adequate justification. Quality of food shall not be affected if a price increase is denied. The vendor shall offer monthly holiday, theme, and ethnic menus in the cafeteria and snack bar.

21. The vendor shall have access to the College’s email to promote their dining menu.

22. A weekly menu is submitted for publication in the Bristol weekly.

23. The vendor shall have limited use of the College’s LCD panels to promote menu items/specials.

24. Office supplies, mail, postage and all related office materials shall be the responsibility of the vendor.

25. The loading dock located at the Cafeteria is for the use of deliveries only.

26. The vendor shall provide at all times, adequate and expert managerial and administrative supervision for its employees. The vendor shall employ a manager who shall be assigned to the College account on a full-time basis, year-round. The College reserves the right to approve the qualifications of, and to interview, all personnel selected by the vendor for managerial or supervisory positions. The vendor agrees at all times to maintain an adequate staff of experienced and qualified employees. For efficient service to the College community, the vendor agrees to adequately staff all operations so that customers are served promptly.

27. All on-site personnel working for the vendor are expected to work collaboratively with College personnel, students and campus visitors.

28. The College has submitted a formal funding request to the College Foundation for the acquisition of a food truck. If funding is awarded, the selected food service provider will be responsible for the full operation of the food truck, including staffing, menu development, and daily service.

In addition, the awarded provider will be expected to utilize the food truck to deliver food service to the College’s other campuses located in Attleboro, New Bedford, and Taunton.

29. The vendor's management will meet regularly with the Director of Purchasing and Business Services (or his/her designee) to review services, discuss new initiatives, and resolve concerns.

The vendor will conduct customer satisfaction surveys at least once per academic year to obtain feedback on Cafe, Hawks Nest and catering services. Survey instruments will be developed in conjunction with the College. The vendor will submit a written report within one month

20 | P a g e following the evaluation describing the survey findings and indicating any changes needed in the food service based upon the evaluations. The College reserves the right to conduct an independent survey.

30. The vendor to whom the contract is awarded shall, within ten (10) days after the prescribed documents are presented for signature, execute and deliver it to the Director of Purchasing and Business Services (or his/her designee) at Bristol Community College, the signed contract, copies of required insurance coverage, and if a corporation, a notarized vote of the corporation authorizing the signatory to sign the contract on behalf of the Proposer. The contract shall not be binding upon Bristol Community College until it has been completely executed and a copy of such fully executed contract or a "notice to proceed" is delivered to the vendor.

31. The contract document shall be signed by an authorized representative for the vendor and by the Vice

President for Administration and Finance (or his/her designee).of Bristol Community College.

N. Evaluation Criteria Bristol reserves the right to reject any or all proposals, with or without cause. This includes, but is not limited to, proposals that are incomplete or lack the required documentation.

The College will determine the Highest Responsible and Responsive Bidder that offers the Best Value based on its sole judgment. All responsive proposals will be evaluated by the Selection Committee.

Proposals will be assessed based on the bidder’s ability to meet the College’s stated requirements.

Evaluation criteria will include the following:

Bristol Food Service Evaluation Rubric

Evaluation Criteria Points Compliance with submission of required forms. Pass/Fail Food Quality & Menus 25 Menu innovation and seasonal offerings 20 Pricing 20 Safety &…