RFP 15-011 Beverage - final.docx

Colorado Community College System Request For Proposals (RFP) Cover Sheet

12:00 noon

DESCRIPTION:

Exclusive Beverage Agreement

PLEASE SUBMIT ONE (1) UNBOUND ORIGINAL PLUS FOUR ( 4 ) COPIES OF PROPOSAL. The original should be unbound. Also submit one (1) electronic copy (CD, DVD, Flash/Thumb Drive, etc.).

Submit to: Colorado Community College System, Purchasing Office, 9101 E Lowry Blvd, Denver, CO 80230

THIS COMPLETED PAGE MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL.

COMPANY NAME__________________________________________________________________________ ADDRESS: ________________________________________________________________________________ CITY/STATE/ZIP____________________________________________________________________________ PHONE: __________________________________ TOLL FREE #_____________________________________

AUTHORIZED SIGNATURE ___________________________________________________________________

TYPED/PRINTED NAME_____________________________________________

TITLE____________________________________________________________

EMAIL ADDRESS _______________________________________________________

F.E.I.N._________________________________________________________________

CONTACT PERSON (IF DIFFERENT)_______________________________________

PHONE _____________________________ EMAIL ____________________________

ADDRESS (IF DIFFERENT) ___________________________________________________________________ NOTE: Telegraphic or electronic bids (fax, Western Union, telex, e-mail, Dropbox, Google Docs, etc.) will not be accepted. Bidders are urged to read the Solicitation document thoroughly before submitting a Bid.

Bidder to answer and acknowledges the following by its signature above:

Are you registered with the State of ColoradoVSS (Vendor Self Service) system? _______Yes ______No Do you anticipate services or subcontracting services outside the United States or Colorado? _____Yes ______No Proprietary information is in my response and, if so, as segregated pages: _______Yes _______No Using the federal government definition, does your firm qualify as:

_____ Woman Owned business _____ Minority business - if yes, state ethnicity:______________ _____ Service-Disabled Veteran Owned Small Business (SDVOSB) located in Colorado – If yes, provide documentation issued through the US Dept. of Veterans Affairs

CCCS RFP 15-011 - 1 –

Exclusive Beverage Agreement SECTION 1: Invitation for Proposal

Colorado Community College System (CCCS or the System) is issuing a Request for Proposal for a multi-year exclusive beverage supply agreement.

Proposals must be submitted in a sealed envelope/package marked Exclusive Beverage Agreement, Proposal Number CCCS RFP 15-011”, to be opened Friday, January 9, 2015 at 12:00 noon.”

It is Colorado Community College System’s intent to evaluate appropriate contractors to provide beverage service to the 13 state-wide colleges and the Lowry Campus. Contractor shall demonstrate to Colorado Community College System satisfaction that it is of sound financial condition and is adequately bonded and insured as required. The contract awarded will be for a term of one year, with options for four (4) one-year renewals. The State reserves the right to cancel this entire Request for Proposal or individual Phases at any time, without penalty.

This solicitation is published using the Colorado Vendor Self Service System (ColoradoVSS). Offerors must be registered on ColoradoVSS in order to download solicitation documents and information. Offerors must be registered for ColoradoVSS as of the bid submission deadline in order to be considered responsive. ColoradoVSS and its registration information may be linked through the State Purchasing Office link at www.colorado.gov/VSS.

Colorado Community College System hereby notifies all bidders in regard to any contract entered into pursuant to this advertisement, small and disadvantaged business enterprises will be afforded full opportunity to this advertisement and will not be discriminated against on the grounds of race, religion, color, sex, age or national origin in consideration for an award.

It is the State’s goal to achieve maximum participation of minorities and women owned businesses in the procurement process. Accordingly, minority and women owned business enterprises are to be utilized whenever possible. By the submission of a proposal, the contractor shall agree to utilize the maximum amount of minority and women owned business firms that the contractor finds to be consistent with the efficient performance of any resulting contract.

CCCS further notifies all bidders that any contract entered into as a result of this advertisement will require that Contractor certify, warrant, and agree that it will not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.

The State of Colorado requires disclosure of performance that will be accomplished outside of the United States. In addition to all bid requirements, the disclosure statement attached to this solicitation must be completed and turned in with the bid in order for the bid to be considered responsive.

Please be advised that telegraphic or electronic responses (Fax, Dropbox, Google Docs, Western Union, Telex, etc.) cannot be accepted directly in the Purchasing Office as a sealed proposal. Bidders are urged to read the document thoroughly before submitting a response.

Response must be signed by a representative of the vendor who is legally authorized to bind the Offeror to the proposal. All vendor(s) will be required to submit confirmation of an F.E.I.N. number prior to any issuance of Contracts, Purchase Orders, or payments resulting from this RFP.

SECTION 2 - ADMINISTRATIVE INFORMATION

2.1 Issuing Office

This RFP is issued by Colorado Community College System (CCCS) Purchasing Office on behalf of the system and its thirteen colleges, and the CCCS Purchasing Office is the point of contact concerning this RFP.

2.2 Official Means of Communication

This solicitation is published using the Colorado Vendor Self Service System (ColoradoVSS). Offerors must be registered on ColoradoVSS in order to download solicitation documents and information, and must be registered for ColoradoVSS as of the bid submission deadline in order to be considered responsive. ColoradoVSS and its registration information may be linked through the State Purchasing Office link at www.colorado.gov/VSS.

During the solicitation process for this RFP, all official communication between CCCS’s Purchasing Office and Offerors will be via postings on ColoradoVSS. CCCS will post notices that will include, but are not limited to, modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent awarded Offeror. It is incumbent upon Offerors to monitor the ColoradoVSS carefully and regularly for any such postings.

2.3 Statement of Purpose

This RFP provides prospective Offerors with sufficient information to enable them to prepare and submit proposals for consideration by Colorado Community College System to achieve the goals of this RFP. This RFP provides Offerors with sufficient information to enable them to:

1. Understand the scope of work as outlined in Section 3 of this RFP;

2. Submit proposals related to products and services, equipment, marketing, corporate background and experience, commissions and pricing; and

3. Allow for comprehensive evaluation and consideration by an impartial evaluation team.

This RFP solicitation process may include reference checks, Offeror interviews, proposal clarification sessions and the opportunity for Offerors to submit a Best and Final Offer (BAFO). CCCS reserves the right to conduct discussions and checks with other state agencies and/or clients that have conducted business with Offerors for the purpose of additional performance evaluation.

2.4 Scope

This RFP contains instructions governing the proposal to be submitted and identifies material to be included therein, mandatory requirements that must be met to be eligible for consideration, and other requirements to be met by each Offeror.

2.5 Schedule of Activities

(all times are local Colorado time)

2.6 Written Inquiries

Vendors may make written inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Send all inquiries via email, referencing “RFP 15-011 Exclusive Beverage Agreement” in the subject line, to Terry.Hindsman@cccs.edu.

The only official responses to an Offeror's inquiries are those responses that are published as a modification on the BIDS system. Offerors should not rely on any other statements that alter any specification or other term or condition of this RFP.

2.7 Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the vendor prior to the established due date and time.

2.8 Proposal Submission

Proposals must be received on or before the date and time indicated in the Schedule of Activities. Late proposals will not be accepted. It is the responsibility of the vendor to ensure that CCCS receives the proposal on or before the proposal opening date and time. Vendors mailing their proposals shall allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. The proposal package shall be delivered or sent to:

Colorado Community College System ATTN: Purchasing Office 9101 E. Lowry Blvd.

Denver, CO 80230

The Request for Proposal cover page MUST be signed in ink by the vendor or an officer of the vendor legally authorized to bind the vendor to the proposal. The signed Request for Proposal cover page is to be included with the proposal copy that is marked ORIGINAL. Proposals which are determined to be at a variance with this requirement may not be accepted. Proposals must be submitted and sealed in a package. The outer envelope of the package must show the following information:

OFFEROR’S NAME

RFP-NO.

PROPOSAL DUE DATE AND TIME

CCCS desires and encourages that proposals be submitted on recycled paper, printed on both sides. While the appearance of proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged.

2.9 Addendum or Supplement to Request for Proposals

In the event that it becomes necessary to revise any part of this RFP, a modification notice will be sent via the BIDS system.

2.10 Oral Presentations/Site Visits

Offerors may be asked to make oral presentations. Such presentations will be at the Offeror's expense.

2.11 Acceptance of RFP Terms

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the Offeror or an officer of the Offeror legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the Offeror of all terms and conditions including compensation as set forth herein. An Offeror shall identify clearly and thoroughly any variations between its proposal and Colorado Community College System’s RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

2.12 Protested Solicitations and Awards

Any actual or prospective vendor or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Procurement Manager at the Colorado Community College System at the address specified in section 2.8. The protest shall be submitted in writing within seven working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Ref. Section 24-109, 101 et. seq., CRS, as amended; Section 24-109-101 through R-24-109-206, Colorado Procurement Rules. It is important for Offerors to note that a challenge to the solicitation's requirements or specifications should be made within 7 working days of when the protestable item is known. In other words, if you believe that the solicitation contains a requirement you want to protest, the protest should be submitted within the 7 working day time period, even if that means it is filed during the time the solicitation is still open.

An Intent to Award notice of the apparent winning Offeror(s) will be made via email or letter delivered by US Mail to all responsive Offerors. The requirement for timely submission of any protest (7 working days) will begin no later than the first working day following receipt of the Intent to Award notice.

The written protest shall include, at a minimum, the following:

2.13 Confidential / Proprietary Information

Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. A separate written request for confidentiality shall also be submitted by the Offeror with the proposal. Such requests must include justification for each request. It is not acceptable to label the entirety of the proposal as proprietary or confidential. The Offeror must state specifically what elements of the proposal are to be considered confidential/proprietary. All such information must be indicated with the following or similar statement:

“The information contained on pages ________ shall not be duplicated, used in whole or in part for any purpose other than to evaluate the proposal provided, that if a contract is awarded to this firm, as a result of the submission of such information, Colorado Community College System shall have the right to duplicate, use or disclose this information to the extent provided in the contract. This restriction does not limit the right of Colorado Community College System to use the information contained herein if obtained from another source.”

Confidential/proprietary information must be readily identified, marked and separated from the rest of the proposal. Separation may be accomplished by methods such as including a separate tab or section to the technical response or packaging separately from the technical response. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential. CCCS will make a written determination as to the apparent validity of any written request for confidentiality. In the event CCCS does not concur with the Offeror's request for confidentiality, the written determination will be sent to the Offeror. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

2.14 RFP Response Material Ownership

All material submitted regarding this RFP becomes the property of the State of Colorado. The State of Colorado has the right to retain the original proposal and other RFP response materials for its files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. The State of Colorado has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Proprietary/Confidential Information. Offeror expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act. Proposals may be reviewed by any person after the “Notice of Intent to Make an Award” letter has been issued, and announcement made on the State of Colorado BIDS system, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.

2.15 Proposal Prices

Estimated proposal prices are not acceptable. Proposal prices will be considered to be your best and final offer, unless otherwise stated in the RFP. The proposal price will be considered in determining the apparent successful Offeror.

2.16 Quantities

CCCS reserves the right to adjust quantities stated in this solicitation. Available funding versus prices bid may affect actual quantities ordered. CCCS may choose to increase or decrease quantities stated in the documents depending on the circumstance. CCCS is not obligated to place any order for a given amount subsequent to the award of this solicitation. CCCS may use any stated estimated quantities in the award evaluation process. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other entities utilizing this contract. In no event shall CCCS be liable for payments in excess of the amount due for quantities of goods or services actually ordered. CCCS reserves the right to purchase additional goods and services at the same bid prices or lower within a reasonable period of time following award.

2.17 Evaluation and Discussion Process

CCCS reserves the right to award on receipt of initial proposals. Offerors not meeting the requirements identified in the RFP shall be ineligible for further consideration. The State may conduct discussions with offerors in the competitive range for the purpose of promoting understanding of the State’s requirements and the offeror’s proposal, to clarify requirements, make adjustments in services to be performed, and in prices. Changes to proposals, if permitted, will be requested in writing from offerors.

Offerors may be provided a date at which oral presentations will be heard. Respondents should not assume that they will be asked to give a presentation. If requested, the presentation should not exceed one hour including setup time, questions, and answers. Respondents will have no more than four representatives present during the presentation. The presentation shall consist of an Offeror briefing concerning the addressing of clarifications and deficiency items identified by CCCS. Guidelines regarding the oral presentations will be distributed to those Offerors remaining in the competitive range.

Offerors may be given an opportunity, after the conclusion of the oral presentations, to submit a best and final offer (BAFO). Offerors will be informed in writing of the date by which best and final offers are due. Offerors shall make any revisions CCCS deems necessary to clarify or correct weaknesses in their proposal. CCCS does not require complete, substantial proposal rewrites. Offerors are cautioned not to make changes in price/cost revisions that are not clearly explained and/or justified in any proposal revision. Offerors assume the risk that proposed revisions be adequately explained so CCCS understands the nature of the revisions and the risk to CCCS from unreasonable forecasts of contractor costs.

2.18 Notice of Intent to Award

Upon notice of intent to award, if requested, the Offeror may be asked to supply audited financial statements within the requested time frame. CCCS may also require a credit rating by a rating service.

2.19 Award of Contract

Award will be made to the responsible Offeror whose proposal, conforming to this RFP, will be the most advantageous to the CCCS, price and other factors considered. A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, CCCS may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the next most responsible Offeror.

2.20 Standard Contract

CCCS requires that any contract resulting from this RFP be in the attached form as required by current Colorado statutes, fiscal rules and CCCS Procurement rules, including provisions referenced and the State Special Provisions (Attachment A). Certain portions of the Contract may be edited or adjusted to reflect the actual award given a particular vendor.

2.20.1 Order of Precedence.

In the event of any conflict or inconsistency between terms of this request for proposal and the Offeror’s proposal, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of the contract, second to the request for proposal, and last to the Offeror’s proposal.

2.20.2 Offeror Proposed Terms and Conditions.

Except as specified in the Offeror’s proposal, the submission of the Offeror’s proposal will indicate its acceptance of these terms and conditions. Offeror must disclose in their proposal terms and conditions or required clarifications of terms and conditions consistent with these instructions. CCCS reserves the right to clarify terms and conditions not having an appreciable affect on quality, price/cost, risk or delivery schedule during post-award formalization of the contract. Include payment terms and conditions.

2.21 Acceptance of Proposal Content

The contents of the proposal of the successful offeror will become contractual obligations if acquisition action ensues. Failure of the successful offeror to accept these obligations in a CCCS contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such offeror may be removed from future solicitations.

2.22 RFP Cancellation

Pursuant to Procurement Rule 24-103-301, the State of Colorado reserves the right to cancel this RFP if it is in the best interest of the State to do so. In the event the State elects to NOT award any Offeror, or the RFP solicitation is cancelled, all received proposals must be retained as confidential and will not be subject to public inspection. The purpose for this condition is to prevent any future potential offerors an opportunity to review other offerors’ proposals and thereby gain any unfair advantage in submitting future proposals. Any cancellations occurring before the submittal due date will result in received proposals being returned unopened to the appropriate Offeror accompanied by a notice of cancellation letter.

2.23 State Ownership of Contract Products/Services

Proposals, upon established opening time, become the property of CCCS. All products/services produced in response to the contract resulting from this RFP will be the sole property of CCCS, unless otherwise noted in the RFP. The contents of the successful Offeror's proposal will become contractual obligations.

2.24 Incurring Costs

CCCS is not liable for any cost incurred by Offerors prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.

2.25 Non-Discrimination

The offeror shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

2.26 Rejection of Proposal

CCCS reserves the right to reject any and all proposals, waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or all items proposed if deemed in the best interest of CCCS. Failure to furnish all information, or to follow the proposal format set forth in this RFP, may act to disqualify the proposal. It is the sole responsibility of the Offeror to ensure ALL required signature forms and the requisite number of document copies are included in its submittal package.

2.27 Parent Company

If an Offeror is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number of the Offeror responding to the RFP must also be provided.

2.28 News Releases

News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by CCCS.

2.29 Certification of Independent Price

2.29.1 Certification

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

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

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

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

2.29.2 Individual Certification

Each person signing the Request for Proposal form of this proposal certifies that:

(a) She/He is the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to 2.29.1(a) through 2.29.1(c) above; or

(b) She/He is not the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein but that she/he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 2.29.1(a) through 2.29.1(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to 2.29.1(a) through 2.29.1(c) above.

2.29.3 Proposal Not Considered For Award Conditions

A proposal will not be considered for award where 2.29.1(a), 2.29.1(c), or 2.29.2 above has been deleted or modified. Where 2.29.1(b) above has been deleted or modified, the proposal will not be considered for award unless the Offeror furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

2.30 Contract Cancellation

CCCS reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the contractor.

2.31 Conflicts of Interest

The holding of public office or employment is a public trust. A public officer or employee whose conduct departs from his fiduciary duty is liable to the people of the State of Colorado. Rules of conduct for public offers and State employees:

a. Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties; or

b. Assist any person for a fee or other compensation in obtaining any contract, claim licenses, or other economic benefit for his agency; or

c. Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any State agency; or

d. Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest.

2.32 Taxes

CCCS, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-0644739) and from all state and local government use taxes (Ref. Colorado Revised Statutes Chapter 39-26.114(a). Our Colorado State and Local Sales Tax Exemption Number is 98-15145-0000.

2.33 Assignment and Delegation

Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the agreement without the prior written consent of the other party.

2.34 Insurance

If the RFP so states, the contractor shall procure, at its own expense, and maintain for the duration of the contract, the following insurance coverages; the State shall be issued certificates as an additional insured.

· Standard Workers' Compensation and Employer Liability as required by state statute, including occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment.

· General and/or Personal Injury and/or Professional and/or Automobile Liability

- (including bodily injury, personal injury and property damage) with the following minimum coverage, depending on the policy format:

· Other Insurance - Vendor shall provide such other insurance as may be required by law, or in a specific solicitation.

2.34.1 Additional Insured

The State of Colorado shall be named as an additional insured on all liability policies.

2.34.2 Cancellation Prevention

The insurance shall include a provision preventing cancellation without 60-calendar days prior written notice to the State by certified mail.

2.34.3 Insurance Documentation

Vendor shall provide the following documentation to CCCS within 7 working days of a request therefor, unless otherwise provided:

1. Certificate/s of adequate insurance coverage, each with a reference to the State being named as an additional insured, or

2. Certificates of adequate insurance coverage and an endorsement/s of additional insured coverage.

2.35 Availability of Funds

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

2.36 Indemnification

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

2.37 Use of RFP and State Seal

The successful vendor will not use any information received as a result of this contract for promoting any programs designed to provide service to State employees or College students without specific, written authorization of the Purchasing Agent. Further, the successful vendor will not conduct a program designed for the System or take advantage of the fact that they are the successful vendor for these services without the specific written authorization of the Purchasing Agent. No vendor shall use the State of Colorado Seal on any materials or for any materials or for any reason without the specific, written authorization of the Secretary of State’s Office.

2.38 Independent Contractor Clause

All personal service contracts must contain the following clause:

“THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS."

2.39 Venue

The laws of the State of Colorado, U.S.A. shall govern in connection with the formation, performance and the legal enforcement of any resulting contract. Further, Title 24, C.R.S. as amended, Article 101 through 112, and Rules adopted to implement the statutes govern this procurement.

2.40 Legislative Changes

The State of Colorado reserves the right to amend the contract in response to legislative changes, which affect this project.

2.41 Contractual Obligation

Nothing contained herein creates any contractual relationship between Colorado Community College System and the contractor, subcontractor, or supplier. However, bidding statements contained in the response of the successful contractor will become part of the contract for the product and services.

If after award of the contract, the contractor becomes aware of possible problems which could result in delay of schedule, the contractor must immediately notify CCCS by phone (confirmation to be in writing, giving the cause, probable effect, and recommendations for alternative actions).

Nothing in the above item will be interpreted as relieving the contractor of the contractual responsibilities; however, failure to promptly notify will be basis for determining contractor negligence in an otherwise excusable delay.

2.42 Contract Performance for Services Outside US or Colorado After award of the contract, Contractor shall provide written notice to the State within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this requirement shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this requirement shall constitute a material breach of this Contract.

2.43 Service Disabled Veteran Owned Small Businesses (SDVOSB) In accordance with House Bill 14-1224, CCCS reports on contracts with Service Disabled Veteran Owned Small Businesses (SDVOSB). HB 14-1224 also allows for the application of a preference for SDVOSBs. In the situation where two or more comparable responses are evaluated, preference may be given to a SDVOSB. Bidders who qualify as SDVOSB under the terms of HB 14-1224 are requested to submit proof of certification with their response.

Section 3: SCOPE OF SERVICES REQUESTED

3.0 Background

CCCS is issuing a Request For Proposal (RFP) for a multi-year exclusive beverage supply agreement. CCCS includes Arapahoe Community College, Aurora Community College, Community College of Denver, Front Range Community College, Lamar Community College, Morgan Community College, Northeastern Junior College, Colorado Northwestern Community College, Otero Junior College, Pikes Peak Community College, Pueblo Community College, Red Rocks Community College, Trinidad State Junior College and Lowry Campus. CCCS encourages the formation of strong and mutually beneficial corporate partnerships, which enable the System to enhance student achievement. This Request for Proposal is issued solely for these purposes.

CCCS is a thriving high performance and innovative higher educational system focused on preparing students to succeed in public and private industry. The participating colleges represent approximately 110 buildings, a student head count of 117,000 and 7,500 employees. These colleges are hubs of activity for their respective communities. For example, Front Range Community College has 450,000 visits annually to their libraries alone. Other college campuses serve as primary bus terminals for their city’s busing system and every campus hosts many community meetings and events bringing additional traffic on campus. In addition, the System has been growing at a rate of 9.5% the past year. The exclusive beverage supply agreement will include vending, food service, cafeteria, bookstore, retail facilities and concession sales. Any bookstores, cafeterias, or other locations operated by a third-party vendor would be exempted.

We hope your company will consider the impact of higher education to the success of our society, and the value of an exclusive partnership to your company as you formulate a response to this RFP. You can be assured that CCCS is committed to managing all of its resources efficiently to help achieve its mission.

3.1 Scope

The purpose of this solicitation is to obtain an exclusive Contract for beverage products for CCCS member colleges with a start date of March 1, 2015. The Community College of Denver’s Auraria Campus will not become a part of this agreement. Due to its location, Colorado Northwestern Community College’s Rangely campus has historically experienced issues with deliveries and may choose not to participate in this agreement based on Contractors response to the delivery sections of this RFP. Beverage products will include products for vending and retail sales to include food establishments, stores and athletic events on campus sites. Exceptions to this RFP are any bookstore, cafeteria, or other location that is operated by a third party.

3.1-1 Time Of Performance The contract period will be for a five year term beginning March 1, 2015. Each CCCS fiscal year begins on July 1 and ends on June 30. The academic calendar is developed by CCCS members each year. Generally, students attend school from September through July. CCCS has an eleven (11) month academic year. School hours are generally 7:00 a.m. to 10:00 p.m., however school hours may vary and are subject to change. There are many extracurricular and weekend activities as well (see Exhibit B). Administration offices including facilities, warehouse, transportation, and central administration are open year round. General administration office hours are 7:30 a.m. to 5:00 p.m.

3.2 Locations and Delivery

3.2-1 Locations – See Exhibit A

3.2-2 Time Of Delivery Of Products It is the intention of CCCS to allow deliveries at schools and administrative sites during regular administrative hours. Other delivery times must be coordinated and approved by the Site Administrator.

Awarded contractor must be capable of deliveries to all campuses that are not located on the I-25 corridor. If contractor cannot accommodate routine deliveries and service of the same quality as provided to campuses along the I-25 corridor, then the school will be allowed to be exempted from the agreement. In your response indicate how deliveries and servicing will be handled for Northwestern Community College’s Craig and Rangely Campus, Lamar Community College, Morgan Community College, Northeastern Junior College, Otero Junior College, and Trinidad State Junior College and their Alamosa Campus.

3.3 GENERAL SPECIFICATIONS

3.3-1 Products A. The products shall be the line of all non-alcoholic Beverage Products excluding milk, coffee, and hot chocolate sold by the Contractor. CCCS desires a wide variety of Fresh and Healthy Beverage Products to be provided by the Contractor for sale, including water, juices, tea, isotonic, etc. CCCS members shall be allowed to sell those products that are not currently sold by Contractor.

B. The final product line to be sold on participating campuses will be the mutual decision of the Site Administrator and the Contractor.

C. CCCS shall not be required to provide personnel for selling beverages. However, if CCCS members desire to sell over-the-counter beverages at events with its own personnel, the Contractor shall be required to provide Beverage Products at a cost not greater than the cost stipulated in Section 4.2 for sale at CCCS or events.

3.3-2 Exclusivity A. CCCS will provide the selected Beverage Contractor the exclusive right to supply all non-alcoholic beverages excluding milk, coffee, and hot chocolate (the "Beverage Products"), including concession stands, but subject to any applicable laws, regulations or policies with respect to CCCS food service programs. Except as noted above, during the term of the Contract, the beverage Contractor shall fully supply all products in a timely manner to keep all vending machines, food services programs and retail facilities operating fully supplied with respect to all cans, bottles, syrups, carbonation, and all other necessary supplies to allow CCCS members and the vending Contractor to maximize sales.

B. Student operated stores will be allowed to sell the Contractor's beverage products direct; however, the products will be purchased from the Contractor at or below the Contract price.

C. The successful Contractor may receive exclusive beverage product advertising opportunities in all participating CCCS owned facilities and at all participating CCCS functions to the extent provided in Section 3.3-14 below.

D. CCCS members shall use its best efforts to ensure that the benefits described above are exclusive to the Contractor. However, the exclusive rights shall apply only with respect to CCCS owned and controlled facilities with respect to which CCCS retains control of space utilization decisions. The exclusive rights shall be subject to any existing conflicting contract rights. CCCS represents that the only existing conflicting contract rights known to a CCCS contracting officer upon execution of the final Contract will be listed in an Exhibit to the Contract.

3.3-3 Pricing Pricing of products shall be mutually agreed upon during the negotiation of the final terms and conditions. The beverage Contractor shall include in its offer an initial pricing proposal (see Section IV - Evaluation Criteria), including the maximum price increase percentage which may be applied each year to the prior years' average price. All price increases shall be mutually agreed upon by the Contractor and CCCS.

3.3-4 Equipment A. The Contractor will be required to furnish vendor-owned and manufactured vending beverage machines at all agreed upon locations on March 1, 2015. Unless otherwise agreed by the individual members of CCCS, the system shall have one machine for each 150 students, or more (see Section 3.3-12), with the final decision on number machines, vending and fountains, at the discretion of the Site Administrator. The vending machines shall be modern and of the latest machine technology, have bill change or “Smart Vend” capabilities, be electrically efficient, have unit sales counting systems and be aesthetically acceptable to CCCS.

Some colleges are interested in card swipe capability for credit/debit cards. Please provide information and installation requirements for these machines as an option.

B. Vending machines shall be quiet and not disruptive to the activities on-going on CCCS properties.

C. The installation and removal and expense of installation and removal of vending machines shall be the Contractor's responsibility. CCCS shall cooperate with, and support, reasonable requests from the Contractor in this regard.

D. Contractor will supply coolers (two-way and front load) where needed such as for bookstores or convenience stores. Coolers shall be state of the art. Contractor will be responsible to provide installation and expense of installation of coolers.

E. CCCS members may reject machine signage or logo if deemed objectionable or a distraction to the activities in any CCCS facility or on CCCS property.

F. The contractor will supply coolers for special events where contractors products are sold.

G. CCCS is interested in receiving an alternative proposal, which may include the provision of vending equipment capable of interfacing with Smartphone and/or PDA devices through technologies such as Contactless NFC (Near-Field Communications) chip readers to receive customer payment. Indicate the maximum impact these measures would have on your proposal’s financial offering.

3.3-5 Equipment Maintenance and Product Service The Contractor shall be responsible for the maintenance and repair of vending equipment and any other equipment it provides for use on CCCS properties which is vendor owned during the term of this contract. CCCS members will exercise prudent care in the handling and operation of any such equipment. The Contractor must ensure that each vending machine is not out of service for more than 24 hours from the time of notification by any Site Administrators or their delegate of a malfunction. The Contractor shall replace machines which are chronically out of service or malfunctioning.

All fountain machines which are used daily are to be inspected on a monthly basis and calibrated. Other machines, such as concessions, should be inspected quarterly. Lines should be flushed during semester breaks; arrangements for flushing the lines should be made in advance with the individual Site Administrators. This maintenance and service shall be provided at no additional charge.

The Contractor shall maintain vending machine stock as sales dictate to guarantee that out of stock conditions do not become a problem and to ensure that out-dated merchandise is picked up and replaced with fresh product. This is particularly important during the summer months when enrollments are lower.

Annually, the Contractor and the Site Administrator, or his/her designee, will evaluate all equipment to ensure equipment is in proper working condition and to determine which if any machines need to be replaced. The University reserves the right to require the Beverage Vendor to replace any units that are, in the CCCS or College’s opinion, considered unacceptable or unsafe for usage.

The Contractor will be expected to provide an acceptable method of making refunds on machine failure at major vending locations. The location of refund points and system must be approved by CCCS. Notice of refund procedure must be prominently displayed in each vending area.

3.3-6 Electricity CCCS members shall furnish, at no cost to the Contractor, the necessary electricity for the operation of the vending machines. A projection of the maximum annual electrical cost and maximum aggregate annual electrical consumption per machine shall be included in the proposal. CCCS members shall take reasonable measures, consistent with CCCS mission, to avoid power loss and to restore power if, and when, a power outage occurs.

3.3-7 Storage Space CCCS members shall not be required, without fee, to furnish any storage space for Beverage Products owned by the Contractor. Temporary storage of concession equipment after athletic or other events may be provided without charge. CCCS will consider a proposal to provide long term inventory storage for products or machines for an annual fee.

3.3-8 Annual Rights Fee and Commission Payment/Procedure A. The Contractor shall pay to each participating member of CCCS the commission minimums and all other amounts due in twelve monthly payments. The commission payments shall be subject to certain guarantees and minimums as negotiated as a result of Section 5.3. Unless otherwise expressly provided herein or as may be agreed upon by the parties, payment of commissions and any other amounts due from Contractor to each CCCS member hereunder shall be made on the 15th of each month. The Contractor must pay a minimum of six percent (6%) interest or the 6 month Treasury Bill rate whichever is higher, as a late fee for payments made after the due date.

B. The Contractor shall pay to each participating CCCS member when due the annual rights fee minimums. Contractor must pay a late fee for all fees received after the due date which will be a minimum of six percent (6%) interest or the 6 month Treasury Bill rate whichever is higher.

C. The Contractor acknowledges that the Contractor is responsible for and is taking all risk with respect to any reduction of Gross Sales due to theft, fire, accident, vandalism, temporary loss of power, weather, acts of God,…