Request+for+Proposal-MSU-24-015.docx

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Food Service Operations
Solicitation number
MSU-24-015
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Williams County, North Dakota

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This document is a Request for Proposal (RFP) issued by Minot State University, a public university in North Dakota, to solicit proposals from qualified food service contractors to manage food service operations on campus, including catering for college events. The RFP outlines the scope of work, which includes requirements for managing dining operations, menus, meal plans, catering services, and facility management. It provides details on the current dining operations, meal plan options, and service expectations. The contract term is for 5 years, with options for five 12-month renewal periods.

The RFP requires the contractor to provide an annual contribution of $100,000 to the university, a $20,000 presidential catering fund, and a $20,000 marketing fund. The contractor will also be required to pay a 10% commission on all retail sales, including catering, cash sales, and declining balance dollar sales. Minimum qualifications include 5 years of dining management and operations experience in the university system, and the contractor must obtain any required licenses and permits.

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Attachment+#2+-+Technical+Proposal+Evaluation.docx DOCX document
Attachment+#3+-+Contract.docx DOCX document
Attachment+#1+-+Cost+Proposal.docx DOCX document
Solicitation+Amendment+#3.docx DOCX document
Solicitation+Amendment+#2.docx DOCX document

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STATE OF NORTH DAKOTA

Minot State University 500 University Avenue W Minot, ND 58707

REQUEST FOR PROPOSAL (RFP)

RFP Title: Food Service Operations RFP Number: MSU-24-015 Issued: November 14, 2024

TABLE OF CONTENTS

SECTION ONE – INSTRUCTIONS4
1.1PURPOSE OF RFP4
1.2PROCUREMENT OFFICER CONTACT INFORMATION4
1.3DEFINITIONS4
1.4RFP SCHEDULE4
1.5ASSISTANCE TO INDIVIDUALS WITH A DISABILITY5
1.6SECRETARY OF STATE REGISTRATION REQUIREMENTS5
1.7BIDDERS LIST REGISTRATION5
1.8STATE PROCUREMENT WEBSITE (SPO ONLINE)6
1.9AMENDMENTS TO THE RFP6
1.10DEADLINE FOR QUESTIONS AND OBJECTIONS6
1.11PREPROPOSAL CONFERENCE OR SITE INSPECTION6
1.12OFFER HELD FIRM6
1.13OFFEROR RESPONSIBLE FOR COSTS7
1.14TAXES7
1.15PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED7
1.16PROPOSAL OPENING7
1.17AMENDMENT AND WITHDRAWAL OF PROPOSALS7
1.18NEWS RELEASES8
1.19CONFLICT OF INTEREST8
1.20ATTEMPT TO INFLUENCE PROHIBITED8
1.21COLLUSION PROHIBITED8
1.22PROTEST AND APPEAL8
1.23SPECIFICATIONS PREPARED BY NON-STATE PERSONNEL8
1.24SUPPLIER REGISTRATION (PAYEE)8
SECTION TWO – BACKGROUND9
2.1BACKGROUND INFORMATION9
SECTION THREE – SCOPE OF WORK12
3.1SCOPE OF WORK12
3.2APPLICABLE DIRECTIVES12
3.3REQUIREMENTS12
A.DELIVERABLES12
B.LOCATION OF WORK/TRAVEL27
C.STATE-FURNISHED PROPERTY/SERVICES27
D.RISK MANAGEMENT28
E.CONTRACT TERM, SCHEDULE, AND DELIVERABLES28
3.4EXPERIENCE AND QUALIFICATIONS29
A.Minimum Qualifications29
B.Experience29
C.Background Check29
SECTION FOUR – PROPOSAL INSTRUCTIONS30
4.1PROPOSAL PREPARATION30
4.2PROPOSAL SUBMISSION INSTRUCTIONS30
4.3PROPOSAL FORMAT31
4.4TECHNICAL PROPOSAL31
4.5COST PROPOSAL34
SECTION FIVE – AWARD AND PROPOSAL EVALUATION36
5.1AWARD36
5.2RESPONSIVENESS36
5.3RESPONSIBILITY – SUPPLEMENTARY INVESTIGATION36
5.4EVALUATION CRITERIA36
5.5COST PROPOSAL EVALUATION36
5.6CLARIFICATIONS OF PROPOSALS – DISCUSSIONS37
5.7RIGHT OF REJECTION37
5.8PRESENTATIONS, DEMONSTRATIONS, and SITE VISITS37
5.9BEST AND FINAL OFFERS37
5.10TIE PROPOSALS38
5.11NEGOTIATIONS38
5.12NOTICE OF INTENT TO AWARD38
5.13CONTRACT APPROVAL38
5.14EVALUATION DEBRIEFING39
SECTION SIX – CONTRACT INFORMATION40
6.1NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUND40
6.2STATE CONTRACT TERMS AND CONDITIONS – OFFEROR’S PROPOSED CHANGES40
6.3CONTRACT PROVISIONS40
A.Contract Type.40
B.Payment Procedures40
C.Inspection & Modification41
D.Contract Changes – Unanticipated Amendments41
E.Purchasing Card41
6.4CONTRACTUAL TERMS AND CONDITIONS – NO MATERIAL CHANGES41
6.5SCOPE OF WORK43
6.6CONTRACT TERM43
6.7RIGHT TO INSPECT PLACE OF BUSINESS43

ATTACHMENTS

#1 - Cost Proposal

#2 – Technical Proposal Evaluation Worksheet

#3 - Contract

SECTION ONE – INSTRUCTIONS

1.1 PURPOSE OF RFP

The State of North Dakota, acting through its Minot State University, (the STATE) is soliciting proposals from qualified service contractors to manage food service operations on campus, to include catering for college events.

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer. Do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Lisa Rainey EMAIL: lisa.rainey@minotstateu.edu

PHONE: 701-858-4153

A person or firm interested in submitting a proposal should ensure all communications related to the procurement are only with the designated point of contact. This section does not restrict communication with state officials or any member of the legislative assembly unless the state official or member of the legislative assembly is involved directly with the procurement for which the person is interested or has submitted a bid or proposal (N.D.C.C. § 54-44.4-01.1).

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. (N.D.A.C. § 4-12-05-04(7))

1.3 DEFINITIONS

For the purposes of this RFP, the acronyms and defined terms are as follows:

Acronym or Term
Name or Definitions
Bidder / Offeror
Can be used interchangeably
Contractor
Entity that has an approved contract with the State of North Dakota
CT
Central Time Zone
I.M.P.S
Institutional Meat Purchase Specifications
NACUFS
National Association of College & University Foods
OMB
Office of Management and Budget
MSU
Minot State University
RFP
Request for Proposal
Solicitation Closing
Deadline for receipt of proposals listed in the RFP Schedule
SPO
Office of Management and Budget, State Procurement Office
SPO Online
State Procurement Office Online system

1.4 RFP SCHEDULE

EVENT
DATE and TIME
RFP issued
November 14, 2024
Optional preproposal conference and site inspections
November 21, 2024
Deadline for submission of Questions and Objections
November 27, 2024 by 3:00 PM, CT
Solicitation Amendment with responses to Questions issued approximately
December 2, 2024
Deadline for receipt of proposals (Solicitation Closing)
December 5, 2024 by 3:00 PM, CT
Proposal evaluation completed by approximately
December 6, 2024
Demonstrations and Interview
December 12, 2024
Notice of intent to award issued approximately
December 13, 2024
Contract Negotiations (See Section 5.11)
December 15, 2024-January 31, 2025
Secretary of State Registration, if determined to be required.
Prior to Contract Signing
Contract Signed and Rates Set - Approximately
February 1, 2024
Contract goes into effect
July 1, 2025

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFP, including any events in the RFP schedule, so reasonable accommodations can be made.

1.6 SECRETARY OF STATE REGISTRATION REQUIREMENTS

The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract award and registration must remain active for the duration of the contract period (N.D.C.C. § 54-44.4-09.1)

· See the OMB Guidelines to Vendor Registry for more information.

Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees. Visit FirstStop, the Secretary of State's business and licensing software, for online form options.

· Check the Business Records database to see if a business is registered.

· Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1).

· If you need to register, fees apply.

· Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

1.7 BIDDERS LIST REGISTRATION

Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List. (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

The commodity codes used for this solicitation are: 962-19,40; 958-44 commodity codes.

Visit the OMB website for instructions and the online Bidders List Application:

Bidders List Registration Website

For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

1.8 STATE PROCUREMENT WEBSITE (SPO ONLINE)

This RFP and any related amendments and notices will be posted on the North Dakota OMB website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP: https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors.

Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer in writing with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address.

1.9 AMENDMENTS TO THE RFP

If an amendment to this RFP is issued, it will be provided to all Offerors on the Bidders List for the solicitation and to those prospective Offerors who have contacted the Procurement Officer to receive notices related to the RFP. An Offeror shall include in their proposal any required acknowledgements of amendments to the RFP.

1.10 DEADLINE FOR QUESTIONS AND OBJECTIONS

Offerors should carefully review the RFP including all Attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the RFP Schedule. If no deadline is specified, questions or objections must be received at least seven days prior to the Solicitation Closing deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP number and title cited in the email subject line.

Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the Offeror to a specific section of the RFP.

1.11 PREPROPOSAL CONFERENCE OR SITE INSPECTION

The STATE will hold a preproposal conference site and site inspection for the RFP. Participation is not mandatory. Questions and answers along with any changes made to the RFP will be disseminated as a solicitation amendment.

The preproposal conference site and site inspection will be held:

· Date: November 21, 2024

· Time: 10:00 AM, C.T.

· Location: Minot State University Administration Building 3rd Floor, Westlie Room Minot, ND 28270

1.12 OFFER HELD FIRM

Offerors must hold proposals firm for at least 120 days from the deadline for receipt of proposals (Solicitation Closing). The STATE may send a written request to all Offerors to hold their offer firm for a longer period of time.

1.13 OFFEROR RESPONSIBLE FOR COSTS

Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations.

1.14 TAXES

The STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-5412, and certificates will be furnished upon request by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The purchasing agency will determine if services provided under this contract are Form 1099 reportable. The purchasing agency may require the contractor to submit an IRS Form W-9.

The state tax exemption number should not be used by contractors in the performance of a contract.

A contractor or service provider performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701-328-1246 or visit their website at https://www.nd.gov/tax/tax-resources/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees’ compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit their website for more information.

1.15 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring their proposal is received by the STATE prior to the Solicitation Closing deadline identified in the RFP schedule regardless of the method of submission. A solicitation amendment will be issued if this deadline is changed. An Offeror may contact the Procurement Officer to inquire whether their proposal has been received. Proposals delivered late will be rejected pursuant to N.D.A.C. § 4-12-08-13.

1.16 PROPOSAL OPENING

A public opening will not be held.

This is a formal sealed Request for Proposal (RFP) process. Proposals will be secured and held unopened until the Solicitation Closing deadline. Per N.D.A.C § 4-12-08-04, the openings may be made public at the discretion of the purchasing agency. If a public opening is held, only the names of Offerors that submitted proposals can be revealed at the opening, and each proposal will be opened in a manner to avoid disclosure of the contents to the competing Offerors.

1.17 AMENDMENT AND WITHDRAWAL OF PROPOSALS

Offeror may amend, supplement, or withdraw proposal prior to the Solicitation closing deadline. No changes will be accepted after the Solicitation closing deadline. After the Solicitation closing deadline, Offeror may make a written request to withdraw their proposal and shall provide evidence that a substantial mistake has been made, at which point the STATE may permit withdrawal.

1.18 NEWS RELEASES

Offerors shall not make any news releases related to this RFP without prior approval of the STATE.

1.19 CONFLICT OF INTEREST

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or official knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with N.D.A.C. § 4-12-04-04. (N.D.C.C. § 12.1-13-03)

Persons employed by the State of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1-13-02 to ensure compliance and avoid such conflict(s) of interest.

1.20 ATTEMPT TO INFLUENCE PROHIBITED

Offerors must not give or offer to give anything to a state employee or official that might influence or appear to influence procurement decisions. Suspected attempts to influence will be handled in accordance with N.D.A.C. § 4-12-04-05.

1.21 COLLUSION PROHIBITED

Offerors must prepare proposals independently, without collusion. Suspected collusion will be handled in accordance with N.D.A.C § 4-12-04-06.

1.22 PROTEST AND APPEAL

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-01. When a solicitation contains a deadline for submission of questions and objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the Procurement Officer before the specified deadline. If no deadline for questions is specified, protests based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

An Offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-02. The protest must be submitted in writing to the Procurement Officer during the protest period, which is seven calendar days beginning the day after the notice of intent to award is issued.

The protestor may appeal the decision of the Procurement Officer to the Director of OMB or designee in writing within seven calendar days after receiving notice of the decision pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-03.

1.23 SPECIFICATIONS PREPARED BY NON-STATE PERSONNEL

When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the STATE, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

1.24 SUPPLIER REGISTRATION (PAYEE)

The successful Offeror will be required to complete Supplier Registration, if not already registered as a Supplier. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information. Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

SECTION TWO – BACKGROUND

2.1 BACKGROUND INFORMATION

Minot State University is a comprehensive public university whose purpose is to foster the intellectual, personal, and social development of its students and to promote the public good through excellence in teaching, research, scholarly activity, and public service. Current enrollment for Fall 2024 is 2751 students, with 350 full-time residents that require a meal plan. Minot State is an integral part of the state and region it serves, and its mission and purposes are linked inextricably to the needs, aspirations, and the commonwealth of the people of North Dakota.

The mission of Minot State University is dedicated to excellence in education, scholarship, and community engagement achieved through rigorous academic experiences, active learning environments, commitment to public service, and a vibrant campus life.

Minot State University seeks to establish a contract for food service management that delivers a high level of food service for students, faculty, and staff, that aligns with the University’s mission and purpose. The campus dining experience is a key component to life at Minot State University. It is important for the Offerors to understand that the University desires a dining service that provides venues that foster excitement and community, while serving quality, nutritious food.

The Offeror’s proposal is to be based on providing the personnel and service to manage, operate, direct, supervise and promote Minot State University’s dining services to the best of its ability as set forth in the specifications of the contract during the term of the contract.

It is expected that the dining venues will become an extension of the residence life program at Minot State University. We want to ensure that special events both social and educational take place within the dining areas to provide an exceptional experience for our students. The Contractor will be required to work closely with the Student Life Department to coordinate special events and menus themed around the Student Life calendar.

a. All current Dining Operation venues are located in the Student Center (2nd Floor) as follows:

a. Beaver Creek – Main Dining Area/Cafeteria

b. C-Store – Connected to Beaver Creek

c. Beaver Dam – Community space, connected to Beaver Creek – Houses the Coffee Shop w/ Barista

b. Current Dining Operations include:

a. Entrée station

b. Vegan/Specialty food station

c. Salad Bar

d. Dessert Bar

e. Breakfast Station

f. Pizza Station

g. Pasta and Stir-fry station – made to order

h. Grill/Fry station – made to order

i. Allergen/Specialty foods

j. Retail Area – C-Store

k. Coffee Shop – Full service

c. Meal Plans:

a. Current Meal Plans

i. Premium Plan 19/week + $150 Flex

ii. Base Plan 19/week

iii. Block 160 meals/semester + $350 Flex

iv. Commuter Block 80 meals/semester + $100 Flex

v. Commuter Block 40 meals/semester + $100 Flex

vi. Faculty & Staff 5 meals + $250 Flex

b. Minot State University is looking for Meal Plans that cater to the needs of our students and are looking for the following options, though not limited to:

i. Unlimited Meal Plans - These meal plans allow students to access unlimited meals at dining halls or other campus food outlets during specific hours of operations. Typically, students can enter the dining facility as many times as they like throughout the day, which is ideal for students with varying schedules or those who prefer to eat frequently on campus.

ii. Block Meal Plans - With block meal plans, students are given a set number of meals (e.g., 160 meals per semester) that they can use at any time. This is a more flexible option for students who may not want to commit to eating every meal on campus but still want a substantial number of meals pre-paid and easily accessible.

iii. Commuter Meal Plans - For students who live off-campus but still want the convenience of eating on campus, commuter meal plans offer a smaller number of meals or dining dollars. These plans can often be tailored to fit a student’s specific needs, such as fewer meals but with more dining dollars (money to spend on-campus for a-la-carte options, C-Store, and Coffee shop).

iv. Dining Dollar Plans - Dining dollars are essentially a prepaid balance that students can use at a variety of on-campus food venues (e.g. $2000 per semester). Dining dollars function like a debit card, where students can purchase food items, and they are often included in most meal plans. Any unused balance may roll over or expire at the end of the semester or year.

v. Hybrid Meal Plans - These plans combine elements of both unlimited meals and dining dollars, offering a set number of meals per week or semester along with additional dining dollars for flexibility. Hybrid plans allow students to eat in dining halls while also having the option to use their balance at other food outlets across campus.

d. Catering Minot State University currently is committed to providing exceptional dining experiences for its diverse community, including students, faculty, staff, and guests. The University expects the Contractor to deliver high-quality catering services that align with the University’s goals and objectives.

a. Exceptional Service Delivery:

b. Menu Variety and Customization:

c. Quality and Freshness

d. Timeliness and Reliability

e. Sustainability Practices

f. Collaboration and Communication

g. Cultural Sensitivity and Inclusivity By adhering to these expectations, the Contractor will play a vital role in supporting Minot State University’s mission to provide memorable and enjoyable events for the campus community.

SECTION THREE – SCOPE OF WORK

3.1 SCOPE OF WORK

Minot State University (STATE) is soliciting proposals from qualified food service contractors to manage food service operations, including catering college events.

3.2 APPLICABLE DIRECTIVES

The contractor is responsible for identifying and complying with all state and federal requirements that apply to the contract.

3.3 REQUIREMENTS

DELIVERABLES

The contractor will be required to provide the following objectives of the Dining Program:

1. Hours of Operation

a. Hours of Operation for Cafeteria & C-Store during Academic Year:

Monday - Friday: 7:00 AM – 9 PM Saturday & Sunday: 7:00 AM – 7:00 PM Coffee Shop: 7:00 AM – 3:30 PM

b. C-Store: The Contractor will provide Summer and Holiday options during the following hours:

i. Monday – Friday: 8:00 AM – 1:30 PM

i. Will include items detailed under ‘C-Store’ of this section

ii. Must provide hot items and brewed coffee options

ii. Vending machines will be serviced throughout the Summer

2. Management and Personnel

a. The Contractor will maintain adequate staff on duty at Minot State University at all times to ensure a quality dining service operation. In order to maintain a high quality of service, the Contractor will be responsible for providing expert, experienced, and qualified personnel for administration and supervision, menu planning and dietetics, production, purchasing, service, sanitation, marketing, and equipment consulting both on campus and at the Contractor's corporate level. Management positions will ensure coverage of the following functions:

i. Campus Director of Food Service

ii. Dining Floor Management

iii. Access to Registered Dietician

iv. Executive Chef

v. Catering Management

vi. Student Engagement Initiatives

vii. Marketing

b. The Contractor must provide a management oversight plan to ensure that a manager is observing the dining facility to look for potential issues (e.g. running out of food, cleanliness issues, etc.) so that these issues can be corrected immediately.

c. The Contractor will submit a proposed organization chart for Minot State University food service operations which establishes the management hierarchy and the lines of communication between management and employee categories.

d. The Offeror must submit professional resumes of the key management and supervisory personnel who will be assigned to this account.

e. The Contractor will continually provide satisfactory training and development programs for its employees at all levels of the food service operation. Regularly scheduled full-time, part-time, and student employee training meetings will be conducted by the Contractor.

f. The Contractor will have the capability of and be financially responsible for complying with all applicable federal, state, and local laws and regulations regarding the employment, compensation, and payment of personnel. This includes, without limitation, unemployment insurance, worker's compensation, and other taxes, health examinations, permits, and licenses. The Contractor shall act as an independent Contractor, and not an agent of Minot State University, in all aspects of any management and operational duties and responsibilities in its delivery of Minot State University food services.

g. Minot State University will have the right to conduct interviews of proposed candidates for the Contractor's director position and review the Contractor's final recommendation before an appointment is made. Minot State University reserves the right to interview the proposed candidates for site manager. While the Minot State University reserves the right to review and comment on such appointments, the Contractor alone will have the right to make such appointments and will be solely responsible for the employment decision. The Director will not be changed unless mutually agreed upon in writing between Minot State University and the Contractor and thirty (30) days advance notice in writing is provided to Minot State University.

h. The Contractor is required to run background checks on all potential employees before date of hire.

i. The Contractor is responsible for the on-campus behavior of all its employees. Contractor's employees will abide by all rules and regulations which govern Minot State University employees. Infraction of those rules and regulations may result in Minot State University requesting that the individual no longer be employed at the Contractor's Minot State University facility.

j. Minot State University will work with the Contractor to identify and modify aspects of the program as they become necessary. Offerors must demonstrate their process for accommodating University changes.

k. The Contractor will be responsible to make the job descriptions and qualifications available to the University for these key positions and is expected to present candidates that meet the minimum stated job qualifications. The Contractor is obligated to review any change in these positions with the University.

l. The Contractor will compensate student employees in a manner that meets or exceeds Minot State University’s regulations for student workers.

3. Performance Indicators / Quality Assurance Program The successful bidder will be expected to develop a quality assurance program with measurable results to assess ongoing operations and to provide feedback to the institution. Bidders must include in their response a description of their quality assurance program, how they will implement the program, frequency of the program, how they will utilize the findings and how they plan to share it with institution.

a. Performance Indicators – The institution will utilize the following information to gauge contractor’s performance

i. Sales trends in retail location

ii. Board contract sales

iii. Catering Sales

iv. Customer survey results

v. NACUFS Financial Operating Benchmark Survey

vi. Food Quality (preparation, presentation, appearance, taste)

vii. Sanitation standards

viii. Health department inspections

ix. Association of Residence Halls Food Committee feedback

x. Fire Marshall Inspection.

b. The University will continually assess the contractor on the above performance indicators, documenting unsatisfactory performance. Unsatisfactory performance not remedied to the institution’s satisfaction may lead to further disciplinary action up to and including early termination of the contract.

c. Out of compliance areas on the local health department inspection must be resolved immediately. Five or more out of compliance areas on the report could be grounds for termination of the contract.

d. The University retains the right to conduct operational, customer service, and financial audits at its discretion. The contract will serve as a basis for the audits. The institution will pay the cost of the audits. Any deviations from the contractual obligations or reported financial results on the part of the vendor will result in the vendor paying the cost of the audit and any subsequent audits. During the audit, the contractor shall provide access to the dining facilities, staff, business records, computer records, POS systems and any other documents required for the audit at no cost to the institution.

4. Equipment – Inventory, Procurement, and Repairs

a. Minot State University owns all of the equipment and will inspect with the Contractor at the beginning of the contract. The Contractor will do ongoing cleaning and will use the equipment in accordance with generally accepted industry use. Minot State University will pay for maintenance and replacement of equipment unless any damages to equipment are the direct result of misuse by the Contractor or its employees.

b. Minot State University will provide an initial inventory of expendable and non-expendable supplies (e.g., china, glassware, flatware, trays, and kitchen utensils). The Contractor, through the life of the agreement, shall purchase all necessary smallwares, china, glassware, and flatware, to which ownership will reside with the University.

c. Minot State University will provide office space. The Contractor will be responsible for maintenance of such space in good condition and repair.

d. On termination or expiration of the agreement, Minot State University will conduct a physical inventory of all non-expendable supplies and capital equipment. At that time, the Contractor will surrender the facilities and non-expendable supplies and equipment to Minot State University in as good condition as at the start of the agreement, except ordinary wear and tear and loss or damage by fire, flood, and other perils covered by extended coverage insurance. The inventory must be equal to the original inventory plus any additional (not replacement) equipment provided during the term of the agreement.

e. The Contractor will be responsible for proper use and care for the equipment and facilities it is assigned and/or uses in the performance of its daily duties as specified by the equipment manufacturers. The Contractor will be responsible for performing first level (operator) preventive maintenance on all equipment, fixtures, furnishings, and building components.

f. The Contractor will be required to utilize the Minot State University maintenance staff on a fee for service basis unless Minot State University waives that requirement in writing due to the need for specialized skill and/or time of response. Minot State University will be responsible for repair and maintenance of all Minot State University owned equipment. The cost of these repairs will be paid by Minot State University except where it has been determined by Minot State University that damages are due to the Contractor's negligence.

5. Sanitation and Safety

a. The Contractor will provide daily housekeeping and all major cleaning/janitorial functions including supplying necessary commercial equipment and supplies for dedicated food service areas. In addition, the Contractor will maintain the dining room throughout the service hours to include wiping down tables, cleaning spills, emptying trash, and keeping the dining rooms neat.

b. The Contractor will be responsible for the cleaning of all walls, windows and ceilings to include lamp fixtures, and the floors in the kitchen, serving areas, dining areas, C-Store, refrigerators, freezers, hot cabinets, receiving and storage, and employee locker area.

c. The Contractor will use non-toxic, biodegradable (earth friendly) cleaning products that do not threaten employee health and do not negatively impact the environment.

d. The Contractor will ensure that all employees are trained in the highest standards of sanitation and safety and supervised in a "clean as you go" policy that will result in a clean and orderly facility at all times.

e. The Contractor will develop, implement, and update cleaning and sanitation schedules for all equipment and areas as assigned. Cleaning must be sufficient to provide protective maintenance against unnecessary deterioration and provide a clean, neat, and sanitary appearance. Upon review and approval by Minot State University, schedules will be posted and implemented within 30 days of the beginning of the Agreement.

f. The Contractor will be responsible for routine cleaning of the hood exterior and interior surfaces and filters. Minot State University will retain responsibility for all maintenance functions for the hood and fire extinguishers. The Contractor will notify Minot State University if fire extinguishers are used/discharged.

g. The Contractor will be responsible for providing, cleaning, and maintaining an adequate inventory of table linens, employee uniforms, aprons, towels, and other related dining service linens.

h. Employees will be in uniform and wear a visible nametag at all times while on duty. Management will be appropriately dressed (but not necessarily in uniform) and wear nametag identification. The Contractor's employees will be neat and tidy in appearance and will follow established hygiene legal mandates and food service industry best practices in the handling of food.

i. The Contractor will not allow employees to work with known illnesses (which are transmitted through the air or via the food products, equipment, or other mediums), open sores, or other symptoms. Any contagious disease must be reported immediately to Minot State University.

j. The Contractor will be responsible for all costs and maintenance of insect and pest control in all assigned areas for production, service, and storage.

k. The Contractor will immediately report fires, unsafe conditions, thefts, and security hazards to Campus Security or college administration. Any outside support services will be contacted by that office. The Contractor will immediately fix and report to Minot State University any conditions cited in any citations by local, state, or federal agencies or those identified by Minot State University's food service contract administrator.

l. Minot State University reserves the right to periodically conduct an unannounced inspection with or without the Contractor. Consultant inspectors for all state and local authorities and from Minot State University will have complete cooperation from the Contractor. When state and local authorities arrive for inspection, Minot State University will be notified and, whenever practical, will be present for the inspection. The Contractor will transmit a copy of the inspection report to Minot State University within 72 hours of receipt. Within five (5) working days, the Contractor will provide Minot State University with a written report of corrective action. In the event that corrective action is a joint responsibility, the Contractor will notify Minot State University of its responsibility in the matter and will work with Minot State University in the implementation of such action.

6. Marketing

a. Emphasis should be put on how the dining program will be marketed. The Contractor will partner and cooperate with Minot State University towards projecting the goals of the University in providing a program that excites the community, energizes the users and offers imagination in service, food variety, wellness options and the overall dining experience. The Contractor shall maintain a social media presence in order to achieve the goals of the University. A marketing plan will be required on an annual basis.

b. The Contractor will be responsible for all costs associated with advertising and promotional efforts through printed or other media vehicles. At a minimum, the Contractor will disseminate to student, faculty, and staff information brochures, catering menus, and other communications as shall be mutually agreed upon.

c. All advertising and promotional efforts will be coordinated through and reviewed by Minot State University prior to publication and distribution and will be limited to campus media intended for students, staff, guests, and faculty.

7. Customer Satisfaction

a. The Contractor will cooperate with Minot State University in monitoring customer satisfaction for value received through an objective evaluation system involving customer representation from a cross section of the Minot State University community, including guests.

b. The Contractor is required to pay for a secret shopper program that will be managed and administered by the University.

c. The Contractor will be required to facilitate monthly meetings with students to discuss their concerns. In addition to these monthly meetings, the Campus Director of Foodservice will meet with University faculty, staff and administrators monthly to gather their feedback

8. General Dining Expectations

a. The University requires the Contractor to provide meals that are nutritious, well balanced, appetizing and appealing. This requirement obligates the contractor to use ingredients that are high in quality and nutrient value that are consistent with a High-Performance diet:

i. Antioxidants: Foods that fight oxidation that may cause cellular damage from “free radicals,” or unstable molecules, in the body.

ii. Enhanced immunity: Nutrient-rich foods known to ward off colds, flus, and infections.

iii. Sports performance: Healthy carbs, lean proteins, and vitamins that fuel and repair active muscles (i.e. lean turkey, beans).

iv. Anti-inflammatory components: Foods rich in omega-3s and other compounds thought to ease inflammation (i.e. coconut oil, salmon, and walnuts).

v. Brain performance: Plants, veggies, and compounds rich in L-tyrosine and believed to sharpen memory and focus (i.e. chicken, fish, turkey, yogurt, milk, and lima beans).

vi. Synergy: Combinations of foods and ingredients that interact in ways that may improve health and well-being.

b. Menu selections shall be planned to enable Minot State University's community clientele to meet appropriate recommended dietary allowances set by the Food and Nutrition Board of the National Research Council. Each menu must provide a high degree of variety in terms of ingredients, preparation and presentation.

c. Weekly board and retail menus shall be designed to be attractive and posted in prominent places in the dining areas and other locations agreed upon with Minot State University. Daily menus shall be posted in prominent locations of the dining areas and substitution of menu items shall be noted. Menus shall be available at least 72 hours before they go into effect in both print and electronic mediums. Contractors may propose other forms of menu distribution.

d. It is essential that the Dining Program meets the diverse needs of the University’s student population by ensuring that it provide a quality food service for all students that includes vegetarian and vegan entrees which are healthy, protein rich, and wellness oriented at all meals, that the food service provider ensure that dietary concerns of students are addressed.

e. The Contractor must provide adequate labeling to identify entrees, sides, soups, desserts, pizza, and other food items, as well as scannable nutritional information.

f. Students, faculty, and staff may take out food in bio-degradable or reusable containers from Beaver Creek.

g. In compliance with the American with Disabilities Act and other applicable state and federal legislation, the Contractor will establish and maintain a high-quality program, to accommodate students, faculty, staff and guests of the University who have special dietary needs.

h. One component of the Contractor’s program to accommodate individuals with special needs shall be a membership in the Food Allergy Research and Education (FARE) program (https://www.foodallergy.org/) and the Contractor shall implement the FARE Pilot Guidelines for Managing Food Allergies in Higher Education (https://www.foodallergy.org/file/college-pilot-guidelines.pdf) and in conjunction with the University’s Student Accessibility Services Program will develop and implement a process for accommodations modeled closely on the one at Siena College which may be found on pages 42-43 of the Guidelines document just listed.

i. The registered dietician employed by the Contractor will be responsible to develop a plan to accommodate the needs of students, faculty and staff consistent with FARE guidelines and they will meet with individually with the individuals receiving accommodations to explain the plan, the responsibilities of the Contractor in meeting the individual’s needs and the responsibilities of the individual being accommodated. The dietitian will follow-up with the individual at least monthly to ensure that accommodations are being delivered and working as planned and will adjust the plans as is necessary to meet the needs of the individual. All meetings will be documented appropriately. The dietitian will also facilitate a monthly focus group of students, faculty and staff who receive accommodations to provide a forum for them to provide feedback in the form of suggestions, complaints and/or concerns. All feedback and responses will be documented, and Contractor’s catering menu includes items to accommodate individuals with special needs. For example, gluten-free, nut-free options should be available at all levels of the catering menu and those planning events and activities where food is served should be encouraged to provide these options when planning events and activities.

j. Another component will be to maintain an allergen station in the Dining Area. The station shall be staffed with personnel trained in techniques to prevent cross-contamination and shall be operated to provide high quality options and service for individuals who require special diets because of allergies to any of the eight common food allergies as listed below. The on-site registered dietitian shall continuously work with these students to ensure that their needs are met.

i. Milk

ii. Eggs

iii. Fish and shellfish

iv. Nuts

v. Wheat

vi. Soybeans

k. As part of the health and wellness of Minot State University students, it is essential that printed menus include ingredients. Beaver Creek shall have an area that features vegan, low-fat, lactose, gluten-free and other dietary focused entrees. This station must also address special dietary concerns based on religious restrictions.

l. All food items shall be procured in accordance with NACUFS Professional Standards Manual, Section VII, and Systems for Quality Assurance.

9. Food Specifications and Standards

a. The minimum purchase specifications that must be followed by the Contractor shall include but are not limited to:

· All meat, poultry, and fish must be Government inspected.

· Beef, Lamb, and Veal – U.S.D.A Choice

· Pork – U.S. No. 1

· Poultry – U.S.D.A Grade A

· Seafood – U.S.D.A Grade A

· Eggs - U.S.D.A Grade A (large or medium)

· Dairy products:

· Cheese - U.S.D.A Grade A

· Milk and Milk Products – U.S.D.A. Grade A

· Butter - U.S.D.A. Grade A (92) score

· Milk and Milk Products – U.S.D.A. Grade A

· Frozen foods - U.S.D.A Grade A

· Fresh fruits and vegetables - U.S. No. 1 to U.S. Fancy

· Dry stored items and canned foods - U.S.D.A Grade A Fancy

b. Ground beef - U.S.D.A standard or better, ground beef and beef patties shall be 100% all beef, and fat content shall not exceed 20%.

c. Veal and pork steaks shall be solid meat portions – non breaded and not preformed from chopped or ground meat.

d. Frankfurters/hot dogs - maximum eight per pound, all meat, no filler. Turkey franks may be used as an alternate to satisfy certain health and ethnic diet requirements.

e. Processed lunch meats shall be a quality "all meat" or a turkey product.

f. Whole meat as defined for the dinner meal will include roasts, chops, chicken, etc. Fish will be an appropriate substitute for the whole meat requirement one (1) night per week. This is not intended to restrict more frequent selections of fish. Chopped formed patties, frequently called steaks, will not satisfy the whole meat requirement.

g. All meat shall be cut to U.S.D.A l.M.P.S specifications. All meat cuts shall be in accordance with U.S.D.A l.M.P.S. specifications. The items/portions listed later in this section are intended as minimum standards only, and the contractor is encouraged to exceed these minimum standards wherever possible. All other food not included in the above specifications shall be of comparable quality.

h. Purchase of food, supplies, and equipment shall meet requirements of the United States Department of Agriculture (U.S.D.A), Food and Drug Administrations (FDA), and National Sanitation Foundation (NSF). In the absence of grade labeling, the contractor shall provide Minot State University, upon request, with package labeling codes or industry accepted grade equivalent standard to verify the minimum grades specified are being provided. In addition, the contractor must be prepared to assure Minot State University that all of its food and supply vendors meet, if not exceed, all regulatory body laws and standards.

i. The contractor shall maintain rigid procurement procedures throughout the entire process of purchasing, receiving, storing, and inventorying of all foods and direct supplies.

j. Minot State University reserves the right to periodically inspect the contractor's inventory of food and supplies or review invoices to ensure that purchase standards are maintained.

k. Hot foods are to be served hot (above 145 degrees Fahrenheit) and cold foods are to be served cold (below 40 degrees Fahrenheit).

l. All food shall be garnished for attractive presentation.

m. Any food appearing discolored, unappealing, or not in a proper state of freshness shall not be served.

n. When applicable, any all-you-care-to-eat operations serving stations and bars are to be kept well stocked throughout each serving period. The last customer is to be offered the same range of choice as the first customer. All food items other than desserts will remain at their respective stations for a minimum of 15 minutes after the posted closing time. Desserts must remain available for a minimum of 30 minutes after the posted closing time.

o. Food items at the servicing stations and salad bars shall be readily identifiable with attractive and individual labels.

p. Fryer oil must be changed at a minimum of every three days to prevent unhealthy oxidation and oil degradation.

q. Appropriate wrappings for grab and go foods shall be used as needed. Wrapping shall be both attractive and serviceable, and, if possible, recyclable.

r. Display and serving areas shall be kept clean, sanitary, orderly, and attractive at all times. Any spillage or soiled spots shall be removed promptly from counters, steam table pans, serving areas, etc

s. Partially used and broken items shall be promptly removed from the serving area. Floors will be kept clean, with the expectation that a cleaning schedule and procedures be developed that insure a positive impression regarding cleanliness and appearance.

10. Menu Profile

The Offeror is expected to offer the following menu items at a minimum in Beaver Creek and is to submit their own menus, being responsive to the current demands of the patrons. Offeror should have theme meals (at one, or multiple concepts) featured on a daily basis to build and maintain excitement in this venue.

Breakfast:

· Cage-free Eggs - Any Style with a Variety of Vegetables, Cheeses and Meats

· Breakfast Style Potatoes (i.e., hash browns, hearty fried)

· Tater Tots

· Daily Rotation of Two (2) Breakfast Meats (i.e. Ham, Bacon, Turkey Sausage, etc)

· Hot Carbs - Oatmeal, Cream of Wheat

· Rotation of Waffles, Pancakes, or French Toast, Whole Grain Breads

· Make Your Own Waffles (minimum of three (3) units with an alternating variety of fruits for toppings) Grill/Fry

·…

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