Reference Form2.pdf
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- Attached to
- Vending Operations State and local contract opportunity
- Solicitation number
- 2121515
- Issued by
- Bronx County, New York
About this file
Attachment E is a Reference Form provided by the City University of New York (CUNY) as part of Request for Proposal (RFP) UCO-973 for comprehensive vending operations. The document is a standardized template requiring proposers to detail prior client service experiences, including information about the client, contact details, service dates, business complexity, and staff who worked on the referenced project. This reference form is part of a broader RFP seeking a contractor to provide, operate, and maintain vending machines across CUNY's 11 senior colleges, 7 community colleges, and various graduate and professional schools, with proposals due by May 9, 2025, at 1:00 PM EST and an anticipated five-year contract term with potential for one additional five-year renewal.
The RFP does not include a service-disabled veteran-owned business set-aside and has no listed incumbent vendors. Potential contractors must secure a $3 million payment/performance bond and commit to monthly commission payments, including a one-time signing bonus, a guaranteed annual minimum payment, and a percentage commission on gross sales. The vending services must include new, energy-efficient machines capable of accepting credit/debit card payments and offering a diverse product mix with a required one-to-one ratio of healthier to standard products. The contract will cover CUNY campuses in Bronx, Kings, New York, and Queens counties, with the selected vendor expected to support campus health and wellness initiatives. Final contract approval will require review by the Attorney General and New York State or City Comptroller.
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Text version
ATTACHMENT E: REFERENCE FORM
ITEM PROPOSER RESPONSE
PROPOSER NAME:
CLIENT FOR WHOM SERVICES
WERE PERFORMED:
CONTACT NAME:
PHONE NUMBER:
E-MAIL ADDRESS:
NATURE OF CLIENT’S BUSINESS:
DATES DURING WHICH SERVICES
WERE PROVIDED TO CLIENT:
COMPLEXITY OF CLIENT’S
BUSINESS (REVENUES, NUMBER
OF LOCATIONS ETC.)?
STAFF PROPOSED TO WORK ON
CUNY’S PROJECT THAT WORKED
FOR THIS CLIENT:
| THE CITY UNIVERSITY OF NEW YORK |
| REQUEST FOR PROPOSALS |
| Vending Operations |
| Proposal Delivery Location and |
| REQUEST FOR PROPOSALS |
| ATTACHMENT A – TERMS AND CONDITIONS OF CONTRACT |
| ATTACHMENT B - PARTICIPATING COLLEGES |
| ATTACHMENT C - CONTRACTOR’S RESPONSIBILITY WHEN PROPOSING FORMER CUNY EMPLOYEES |
| Figure 1 – CUNY Colleges and Professional Schools |
| Table 1 - Proposal Scoring Criteria and Weights |
| 1. INTRODUCTION |
| 1.4. Document Overview |
| 1.5. Term of Contract |
| 1.6. Minimum Qualifications |
| 1.7. Schedule of Key Events |
| Event |
| 2. SUMMARY OF CONTRACT SPECIFICS |
| 2.1. Product Mix. Contractor must provide a variety of refrigerated water, soft drinks, real fruit beverages, candy, gum, bagged snacks, cookies and crackers, as well as, at a Participating College’s request, ice cream, hot beverages, soups, and hot ... |
| Table 1, Proposal Scoring Criteria and Weights |
| Section 1 - DEFINITIONS |
| Section 2 – TERM AND APPLICATION OF CONTRACT |
| 2.1 The term of this Contract is five years beginning on [date] and ending on [date], unless (i) mutually extended by written agreement of the parties, or (ii) sooner terminated as provided herein. |
| 2.2 CUNY has the right to renew the Contract for an additional three-year period and for a following additional two-year period, each renewal in its best interest. If CUNY elects to renew the Contract, it will provide notice to the Contractor 90 Days... |
| 2.3 At the end of the initial term or any renewal term, the Contractor must, at CUNY’s written request for an additional partial term, provide Vending Operations as specified in the Contract for a period not to exceed six months, on the same terms and... |
| 2.4 At the time CUNY exercises any Contract renewal, CUNY reserves the right to require that Contractor replace some or all Vending Machines with unused factory new current production models at Contractor’s expense. |
| 2.5 Pursuant to an agreement between CUNY and the AECs entered into simultaneously with this Contract, this Contract will be administered at campus level by the AEC that supports each Participating College. Consequently, references to “Participating ... |
| Section 3 – GRANT OF RIGHTS |
| Section 4 – PERFORMANCE SECURITY |
| Section 5 - SCOPE OF SERVICES |
| Section 6 – COMMISSIONS, PAYMENTS AND FINANCIAL MATTERS |
| Section 10 - INSURANCE |
| Section 11 - ASSUMPTION OF RISK AND INDEMNIFICATION; WAIVER |
| Section 12 - CONTRACTOR’S INDEPENDENT STATUS |
| 12.1 Contractor is an independent entity. Nothing contained in the Contract, nor any act of the parties, will be construed as creating a partnership, joint venture, agency or association of any kind, between CUNY or any AEC and Contractor, nor as mak... |
| Section 13 - USE OF NAME; ADVERTISING |
| Section 16 - COMPLIANCE WITH LAW |
| Section 17 - CONTRACT DOCUMENTS |
| 17.1 The matters and items comprising this Contract are intended to mutually explain and complement one another. Any conflict between or among the Contract Documents, any errors or omissions, or any doubt as to the requirements of the Contract, shall... |
| 17.2 Conflict between Contract Documents shall be resolved in the following order of precedence: |
| 17.2.1 NYS Appendix A |
| 17.2.2 These Terms and Conditions |
| 17.2.3 Executed Contract with Contractor |
| 17.2.4 Other documents and information issued by the CUNY |
| 17.2.5 Contractor’s Proposal |
| Section 18 - NOTICES |
| Section 19 – PUBLICITY. Each party agrees that it will not make any statement to the press or issue any communication or publicity relating to the Vending Operations and the Contract without the prior review and written approval of the other party; ... |
| Section 20 – SURVIVAL OF OBLIGATIONS. Any provision of the Contract which by its nature impliedly or expressly involves performance following termination of the Contract, including but not limited to those regarding insurance, indemnification, and F... |
| Section 21 – ARBITER OF DISPUTES. Contractor shall direct questions arising during the performance of the Contract and concerning its performance to the Business Manager. Decisions of the Business Manager shall be made in the best interest of CUNY ... |
| Section 22 – ANTITRUST. Contractor hereby assigns, sells, and transfers to CUNY all right, title and interest in and to any claims and causes of action arising under the antitrust laws of the City, the State, or the United States relating to this Co... |
| Section 23 – CLAIMS |
| 23.1 In order for Contractor to make a claim for compensation for any damage sustained by reason of any act or omission of CUNY, an AEC, or the employees or agents of any of them, or of any other persons, it must provide written notice regarding the d... |
| 23.2 In order for Contractor to make a claim that any work required of it is not required to be performed by Contractor under the provisions of this Contract, it must give provide written notice regarding such work performed to the Business Manager wi... |
| Section 24 – PERIOD OF LIMITATION. No action shall lie or be maintained against CUNY or any AEC upon any claim arising out of this Contract unless such action be commenced within six (6) months from the date when the cause of action has accrued. |
| Section 25 – CHOICE OF FORUM. All claims and actions brought under or arising from this Contract shall be brought either in the courts of the United States located in the City or in the courts of the State. |
| Section 26 – SEVERABILITY. The terms, clauses and provisions of this Contract are intended to be severable. The unconstitutionality, illegality or unconscionability of any term, clause or provision shall in no way defeat the effect or validity of an... |
| Section 27 - PARAGRAPH HEADINGS. The paragraph headings contained herein are for reference only and shall not be considered substantive parts of this Contract. The use of the singular or plural form shall include the other form. The use of the fem... |
| Section 28 - WAIVER. Waiver by CUNY of a breach of any provision of or right under this Contract shall not operate or be construed as a waiver of any other or subsequent breach of the same provision or right or of any other provision or right of thi... |
| Section 29 - MERGER. This Contract contains all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parti... |
| Section 30 - ALL LAWFUL PROVISIONS DEEMED INCLUDED. It is the intent and understanding of the parties to this Contract that each and every provision of Law required to be inserted in this Contract shall be and is inserted herein. Furthermore, it is... |
| Section 31 - NEW YORK STATE AND NEW YORK CITY REQUIREMENTS. |
| 31.1 The terms and conditions Appendix A-Standard Clauses for all New York State Contracts, attached hereto (“Appendix A”) are hereby incorporated. |
| 31.2 All references in Appendix A to “New York State” or “the State” may be deemed to refer to New York City for those contracts for which funds are appropriated by New York City. References to provisions of State law in Appendix A shall be deemed to... |
| Section 32 - INVESTIGATION CLAUSE |
| 32.1 The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a State or City governmental agency or authority that is empowered directly or by designation to compel the attendance of w... |
| 32.2.1If any person who has been advised that his or her statement, and any information from such statement, will not be used against him or her in any subsequent criminal proceeding, refuses to testify before a grand jury or other governmental agency... |
| 32.2.2 If any person refuses to testify for a reason other than the assertion of his or her privilege against self- incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or... |
| 32.3.1 The commissioner or agency head whose agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not fewer than five (5) days’ written notice to the par... |
| 32.3.2 If any non-governmental party to the hearing requests an adjournment, the commissioner or agency head who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license pending the final determination p... |
| 32.4 The penalties which may attach after a final determination by the commissioner or agency head may include but shall not exceed: |
| 32.4.1 The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transact... |
| 32.4.2 The cancellation or termination of any and all such existing City, State and/or CUNY contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds ... |
| 32.5 The commissioner or agency head shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in paragraphs 32.5.1 and 32.5.2 below. S/he may also consider, if relevant and appropriate, the crit... |
| 32.5.1 The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, including but not limited to the discipline, discharge, or disassociation of any person failing to testify, the pro... |
| 32.5.2 The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person whose testimony is sought has an ownership interest in the entity and/or the degree of authori... |
| 32.5.3 The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City, the State and/or CUNY. |
| 32.5.4 The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to the penalties under Section 32.4 above, provided that the party or entity has given actual notice to the comm... |
| APPENDIX A |
| STANDARD CLAUSES FOR NEW YORK STATE CONTRACT |
| ATTACHMENT E: REFERENCE FORM |
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