RFP_Final_04122024.pdf

Campus Vending Services

RFP #24-ODU-16-HRS

April 12 2024

A VASCUPP Member Institution Issued by Old Dominion University

OLD DOMINION UNIVERSITY

REQUEST FOR PROPOSALS

SEALED - RFP #24-ODU-16-HRS

Title: Campus Vending Services

Issue Date: April 12, 2024

Due Date and Time: May 14, 2024 NLT 11:00 AM Local Time (Time Stamped 11:01 AM or Later Will Not be

Accepted)

Issuing Agency: Old Dominion University Procurement Services, Suite 111 4401 Powhatan Avenue Norfolk, Virginia 23529-0308

Period of Contract: Upon Execution and remain in full force and effect through June 30, 2026. Upon mutual agreement by and between all parties, any resulting contract may be renewed for up to five (5) additional one-year renewal periods, with each renewal period valid from July 1st through June 30 for each subsequent year, unless otherwise modified through negotiations.

THIS DOCUMENT CONSTITUTES A REQUEST FOR SEALED PROPOSALS FROM QUALIFIED INDIVIDUALS AND/OR ORGANIZATIONS TO PROVIDE CAMPUS-WIDE VENDING SERVICES AT ALL OLD DOMINION UNIVERSITY LOCATIONS

SPECIFIED HEREIN, INCLUDING THE EASTER VIRGINIA MEDICAL SCHOOL.

ACKNOWLEDGE RECEIPT OF ADDENDUM: #1____ #2____ #3____ #4____ #5____ (Please Initial)

In compliance with this Request for Proposal (RFP) and to all the conditions imposed herein, the signatory agrees to faithfully execute any resulting contract, and offers to furnish the goods/services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation. An ‘Agent’ authorized to bind the company to same shall sign the following section.

Name and Address of Firm:

Date:

_________________________________________ By:

Signature Name:

Typed or Printed (Name and Title)

Phone #:

FEI/FIN #: _________________________________ Fax #:

E-mail address:

Are you or your company registered with eVA? Yes No eVA ID#:_________________________

Is your firm registered with the Commonwealth’s State Corporation Commission (SEC)? If yes, please indicate the identification number:

Are you or your firm certified through the Commonwealth’s Department of Small Business and Supplier Diversity? Yes No

If yes, please indicate the following:

SWaM Designation:

Certification #:

Expiration Date:

TABLE OF CONTENTS

RFP #24-ODU-16-HRS

Campus Vending Services

I. INSTRUCTIONS TO OFFERORS PAGE 4

II. PURPOSE PAGE 9

III. BACKGROUND PAGE 10

IV. STATEMENT OF NEEDS PAGE 12

V. REPORTING & DELIVERY REQUIREMENTS PAGE 17

VI. GENERAL TERMS AND CONDITIONS PAGE 20

VII. SPECIAL TERMS AND CONDITIONS PAGE 28

VIII. EVALUATION AND AWARD CRITERIA PAGE 34

IX. PROPOSAL PREPARATION AND SUBMISSION

REQUIREMENTS PAGE 38

X. FEES AND PRICING PAGE 39

XI. METHODS OF PAYMENT PROCESSING PAGE 40

XII. ATTACHMENTS

ATTACHMENT A PAGE 41

ATTACHMENT B PAGE 42

ATTACHMENT C PAGE 43

ATTACHMENT D PAGE 44

SUBSTITUTE W-9 FORM PAGE 45

EXHIBIT A PAGE 46

EXHIBIT B PAGE 47

I. INSTRUCTIONS TO OFFERORS:

A. General:

1. The University reserves the right to accept or reject any and all proposals in whole or in part and waive any informality that may occur during the competitive negotiation process. Further, the University reserves the right to enter into any contract deemed to be in the best interest of the University.

i. Sealed proposals will be received by and in the office of issuing agency specified on page

1 of this RFP until May 14, 2024 No Later Than 11:00 AM local time. Proposals time-stamped 11:01 AM or later will not be considered and will be returned to the Contractor unopened. The University is not responsible for late delivery by U. S. Postal mail or other couriers.

ii. Should the University experience an ‘unofficial’ closing on and/or during the date and time specified herein for the receipt of sealed proposals, the closing date shall automatically extend to the next day the University is officially opened for business, with the receiving time remaining the same.

iii. It shall be the Offeror’s responsibility to confirm any ‘unofficial’ closing(s).

2. INQUIRIES and QUESTIONS:

i. All inquiries and questions regarding this solicitation must be directed to Harry R. Smithson, Jr., NIGP-CPP, CPPO, VCCO, Procurement Services Assistant Director, Department of Strategic Sourcing via email at hrsmiths@odu.edu.

ii. All inquiries and questions are due NLT 2:00 P.M. (EST) April 25, 2024. A response via an addendum shall be issued for any such requests deemed to have any bearing on service delivery or cost.

iii. Please note that potential Offeror’s shall not initiate communications with any ODU/EVMS staff during this process, except as specified above.

3. IDENTIFICATION OF PROPOSAL ENVELOPE: The signed proposal should be returned in a separate envelope or package, sealed, and identified as follows:

From: ___________

Name of Offeror Due Date Time

Street or Box Number RFP No.

City, State, Zip Code RFP Title

The envelope should be addressed as directed on Page 1 of the solicitation and may be:

• Hand delivered to the location specified on page 1;

• Mailed via USPS;

• Courier delivered standard, express, or overnight

Regardless of delivery method, all proposals must be received and time-stamped on or before May 14, 2024 NLT 11:00 A.M., unless otherwise modified in writing by the University.

4. The University may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the services/furnish the goods and the Offeror shall furnish to the University all such information and data for this purpose as may be requested. The University reserves the right to inspect Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities. The University further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy the University that such Offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

mailto:hrsmiths@odu.edu

5. Announcement of Award: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the University will publicly post such notice on the eVA VBO website for a minimum of 10 days.

6. Proposal Binding Period: Any response to this solicitation shall be valid for (120) days. At the end of the (120) days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

7. Offeror Certification: By submitting their proposals, Offeror’s certify to the University that:

i. Their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. (the VPPA §2.2-4367 through §2.2-4377.)

ii. They will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, and the Americans with Disabilities Act.

iii. If awarded the contract as a ‘faith-based’ organization, they shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipients religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (the Rules §36.E.)

iv. They do not and will not during the performance of any resulting contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

v. They are not currently debarred by the Commonwealth of Virginia from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

vi. They agree to faithfully enter into any resulting contract and further conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title, and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

8. Offeror Obligation: Offeror shall carefully examine the terms and conditions set forth in this Request for Proposal and any subsequent addenda. Failure to do so shall not relieve an Offeror of an obligation to furnish the goods and/or services specified in this Request for Proposal and its addenda.

9. Discrimination by University Prohibited:

i. The University shall not discriminate against any Offeror during this solicitation or award of any resulting contract because of race, religion, color, sex, national origin, age, disability, any other basis prohibited by state law relating to discrimination in employment. (the Rules §9.A.)

ii. The University shall not discriminate against any Offeror during this solicitation or award of any resulting contract because the Offeror employs ex-offenders unless the University has made a written determination that employing ex-offenders on the specific contract is not in its best interest. (the Rules §9.D.)

iii. The University shall not (i) discriminate against a faith-based organization on the basis of the organization's religious character or (ii) impose conditions that (a) restrict the religious character of the faith-based organization, except as provided in subsection F of the Rules §36, or (b) impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services, or disbursements. (the Rules §36.C.)

10. eVA Website Portal: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for Contractors to conduct business with state agencies and public bodies. All Contractors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution either through the eVA Basic Contractor Registration Service or eVA Premium Contractor Registration Service. If selected for award by the University, selected Offeror must register in eVA and agree to pay the Contractor Transaction Fees specified on the eVA website. Failure to register will result in cancellation of contract.

11. Ownership Of All Data and Trade Secrets or Proprietary Information:

i. Materials and documentation originated and prepared for the University pursuant to this RFP shall belong exclusively to the university and be subject to public inspection in accordance with the Virginia Freedom of Information Act, Chapter 37 (§ 2.2-3700 et seq.)

of Title 2.2 of the Code of Virginia.

ii. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Freedom of Information Act; however, the Offeror must invoke the protections of §23-38.90 of the Code of Virginia, specifically the ‘Rules Governing Procurement of Goods, Services, Insurance, and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia (the “Rules”), subsection F. of §34, in writing either before or at the time the data or other material is submitted.

iii. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information.

iv. Old Dominion University is a public institution and a such its files are available for public review under Virginia Public Records Law. Vendors must only label as “proprietary” that information which can be clearly demonstrated as being proprietary and not in common use or common knowledge. The classification of an entire proposal document, line-item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

12. Specifications:

i. Specifications used herein are to be considered a quality indicator and acceptance will be based on Offeror’s compliance with the intent of the specifications. Deviations and/or exceptions taken to the specifications herein may be considered if they are deemed to meet the intent of the solicitation.

ii. Unless otherwise provided in the Request for Proposal, the name of a certain brand, make, or manufacturer shall not restrict Offerors to the specific brand, make, or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the Institution in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted (the Rules §12.)

file://admin1.ts.odu.edu/data/cps/cps%20everyone/FILE%20CENTRAL/PROCUREMENT/SOLICITATIONS/Procurement_RFPs/Templates/www.eVA.virginia.gov

13. Tax Exempt: Sales to the Commonwealth of Virginia are exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The Commonwealth’s excise tax exemption registration number is 54-73-0076K.

B. Specific:

1. References:

Offerors shall complete and submit with response the requested account and reference information specified herein in Attachment A. Offeror shall provide a minimum of five (5) references; however, additional references may be included as a separate attachment incorporated into the response.

If at any time during the past ten (10) years the Offeror and/or any of the Offerors’ currently named principals has conducted business and/or held a contract agreement of any type with Old Dominion University, either under the Offeror’s current legal name or a previous legal name including any sole proprietorship, corporation, partnership, limited liability corporation, or joint venture, etc., then Offeror shall include as a named reference, Old Dominion University.

If Old Dominion University (the “UNIVERSITY”) or Eastern Virginia Medical School (“EVMS”) is named as a reference in an Offeror’s response, then Offer’s past performance for any and UNIVERSITY/EVMS contracts held and/or completed during the specified ten (10) year period may be used to determine an Offeror’s responsibility and subsequent award of this contract.

C. Good Faith Small, Women, and Minority (SWaM) Owned Business Participation Efforts:

1. Old Dominion University is committed to the preservation and strengthening of small businesses, small businesses owned by women and minorities and to encouraging their participation in State procurement activities. Subsequently, the University is committed to achieving its FY2015 aspirational target of forty-seven and one-half percent (47.5%) with firms certified by the Commonwealth’s Department of Small Business and Supplier Diversity (“DSBSD”) for combined prime contractor and subcontractor spend. The University requests assistance from all potential prime contractors in reaching this goal by specifically meeting or exceeding expenditure targets equal to:

a. 8% for MBE spend;

b. 6.5% for WBE spend; and

c. 33% for SBE spend.

2. It is the University’s goal to achieve these targets through Offeror’s willingness to provide for participation of small businesses, and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on this contract are required. By submitting a response, /Offeror certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in the response being deemed non-responsive, and ultimately rejected.

3. Plans submitted that include involvement and participation of certified DSBSD

SWAM firms will be evaluated based on commitment to meeting the University’s targets specified in above paragraph 1., and as applicable, will be awarded associated points as calculated and described herein.

4. The University also encourages Offeror’s to provide for participation of small businesses, and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on any resulting contract are required. By submitting a response, Offeror certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in response being deemed non-responsive, and ultimately rejected.

5. While it is the University’s intent to enter into an exclusive agreement with one

Offeror, whenever possible, all potential Offerors are encouraged to subcontract any applicable services by partnering with qualified vendors that have also been certified as small, small women owned, small minority-owned, businesses through the Commonwealth of Virginia’s DSBSD.

6. In order for Offerors to be given consideration for award of a contract, each Offeror shall provide with their response (and/or no later than ten (10) business days after request, but prior to award, such statement(s)) setting forth:

a. The good faith SWaM owned business participation efforts which the Offeror has undertaken in the past: and

b. The good faith SWaM owned businesses participation efforts which the Offeror intends to undertake in connection with the performance of this contract;

including name of firm, contact name and phone number, total dollar amount to be subcontracted, category type (small, women, or minority owned), type of product/services.

7. If, in the statement submitted in the response to above sections 4.a and 4.b, the

Offeror indicates that it has not undertaken any good faith SWaM business participation efforts in the past and/or does not intend to undertake any such efforts in connection with the performance of any resulting contract, the Offeror must also submit a statement setting forth the reason why it has not undertaken such efforts in the past and/or does not intend to undertake them in connection with the performance of this contract.

8. Any Offeror that can qualify for certification through DSBSD must do so prior to the award of any contract. The qualification information shall be evidenced by that information specified in the Offeror’s completed and submitted W-9 form.

9. Regardless of whether or not the Offeror is able to qualify for DSBSD certification, selected Offeror shall also agree to provide reports to the University’s Department of Procurement Services, identifying the subcontractors used during the performance of any subsequent contract, as follows:

A. Goods and Services – Quarterly Reports:

i. DSBSD Certified subcontractors:

(a) Firm name;

(b) DSBSD certification number;

(c) DSBSD Designation (Small, Woman, Minority);

(d) Value of subcontractor’s contract;

(e) Amount paid current quarter;

ii. Non-DSBSD Certified subcontractors – Contracts >$100,000:

(a) Firm name;

(b) DSBSD certification number;

(c) DSBSD Designation (Small, Woman, Minority);

Note: Contractor may be deemed in “breach of contract” for failure to provide the required subcontractor data and reports as specified above, and the contract and/or purchase order may be canceled.

Additionally, the University may withhold payment(s) for any and all services provided and invoiced during the period, and those same services will remain unpaid until such data and reports are provided.

D. Authorized Contract Participation: In accordance with the University’s Rules Governing Procurement of

Goods, Services, Insurance and Construction (“Rules Document”), specifically §6, Cooperative Procurement, it is the intent of this solicitation to allow any public body, public or private health or educational University’s, or Old Dominion University’s affiliated agencies and/or corporations, access, and use of any subsequent contract(s), as authorized by the Contractor.

Participation in this cooperative procurement is strictly voluntary. If authorized by the Contractor, any resultant contract(s) may be extended to the entities as indicated above to purchase at contract prices in accordance with contract terms and conditions. The Contractor shall notify Old Dominion University in writing of any entities accessing the contract. No modification of this contract or execution of a separate contract is required to participate. The Contractor will provide semi-annual usage reports for all entities accessing the contract(s). Participating entities shall place their own orders directly with the Contractor and shall fully and independently administer their use of the contract(s), including contractual disputes, invoicing, and payments, without direct administration from Old Dominion University. Old Dominion University shall not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Contractor to extend participation and use of the contract(s). It is understood and agreed that Old Dominion University is not responsible for the acts or omissions of any entity and will not be considered in default of the contract(s) no matter the circumstances.

Use of this contract does not preclude any participating entity from using other contracts or competitive processes as the need may be.

II. PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals from qualified Offerors, and through competitive negotiations, establish a contract for Campus Vending Services for Old Dominion University (“University”), an agency of the Commonwealth of Virginia.

The University is seeking a contract with a Vending Services Contractor that is committed to providing leadership in the growth of the University’s campus vending operations. We are seeking a supplier that is capable of and committed to providing the innovation, creativity, and resources necessary to develop and enhance existing program elements while embracing a marketing and operation vision for a future program that supports the University’s overall objectives.

This RFP and any resulting contract will be for the selected Contractor to provide specified services at the University’s (i) main Norfolk campus, (ii) EVMS campus, and (iii) the three (3) regional Higher Education Centers.

III. BACKGROUND

A. Campus and Community:

1. Old Dominion University began its tradition of excellence when it was founded in 1930 by the

College of William and Mary, the second oldest university in the United States. Established as an extension of William and Mary in Williamsburg, Virginia, and Virginia Polytechnic Institute in Blacksburg, Virginia, Old Dominion began educating teachers and engineers. The two-year school rapidly evolved into a four-year institution and was granted independence in 1962 as Old Dominion College.

Considerable growth in enrollment, the expansion of research facilities and preparation for the addition of graduate programs led the Board of Visitors to approve the name change to Old Dominion University. Now Old Dominion is a powerhouse for higher education with six colleges:

Arts and Letters, Business and Public Administration, Education, Engineering and Technology, Health Sciences and Sciences. Old Dominion has offered master's degrees since 1964 and Ph.D.’s since 1971. The University has achieved designation as a Research University (high research activity) from the Carnegie Foundation for the Advancement of Teaching.

Old Dominion University is planning an integration with Eastern Virginia Medical School (“EVMS”) to establish the largest academic health sciences center in the Commonwealth of Virginia. It’s anticipated this integration will occur in July 2024.

2. Eastern Virginia Medical School (EVMS) was born of necessity in 1973, the result of a community-led effort to improve health care in a region then plagued with a severe shortage of physicians. Patients often had to leave the area in search of specialized care. Today, the region enjoys modern medical facilities and a full range of medical specialties. As community leaders foresaw, EVMS was a catalyst for change, playing a key role in the region’s medical renaissance through its commitment to education, research, and patient care.

What once was one of the nation’s most medically underserved communities is today a destination for people from around the country seeking the best available care. For the 1,500 people each day who receive high-quality, patient-centered care at more than 20 convenient EVMS Medical Group locations across the region, it equates to the best possible care, delivered with a healthy dose of compassion.

B. Current Campus Vending Services:

The University and EVMS currently contract their full-service vending machine operations through Atlantic Dominion Distributors (“Contractor”). The vending machines on the ODU campus and its three (3) Regional Higher Education Centers provide ‘dry good’ snacks, candies, etc. The vending machines on the EVMS campus provides both ‘dry good’ snacks, candies, etc., and ‘cold beverages’. The operations currently in place at ODU and EVMS shall remain the same, unless otherwise modified in writing by the University.

C. Contract Summary:

1. University:

i. Contractor has been providing services under current contract since August 6, 2019, and final expiration is July 31, 2024.

ii. All University vending machines are for ‘dry snacks and sundry’ items, no beverages

iii. Locations & Quantities

a. Main Campus:

(i) 44 machines owned by Contractor

(ii) 1 machine owned by the University

b. Virginia Beach Higher Education Center:

(i) 2 machines owned by Contractor

(ii) 2 machines owned by the University

c. Peninsula Higher Education Center – 1 machine owned by Contractor

d. Tri-Cities Higher Education Center – 1 machine owned by Contractor

iv. The specific University vending machine locations and types are detailed in Exhibit A.

v. All vending machines accept ‘cash’ and are equipped with debit card readers that are compatible with the CBORD system utilized via the University’s Monarch Plus Card Program.

vi. Total Net Sales and Commissions:

FY21 FY22 FY23

Net Sales $ 60,789 $152,887 $172,405 Commissions $ 19,892 $ 50,561 $ 57,416

2. EVMS:

i. Contractor has been providing services under current contract since July 1, 2021, and current expiration is June 30, 2024.

ii. EVMS has twenty-one (21) vending machines on its campus and are a mix of snack, beverages, and combination machines:

a. (7) Snack Machines

b. (9) Beverage Machines

c. (5) Combination Machines

iii. The specific EVMS vending machine locations and types are detailed in Exhibit B.

iv. All vending machines accept ‘cash’ and are equipped with debit card readers.

v. Total Net Sales and Commissions:

FY21

FY22 FY23

Net Sales $ 88,596 $100,396 $ 98,491 Commissions $ 15,061 $ 17,067 $ 16,744

IV. STATEMENT OF NEEDS:

A. GENERAL:

The selected Contractor (“Contractor) shall furnish all supplies, material, equipment, all management, and labor necessary for the professional, efficient, sanitary, and ecologically sound operation of vending services. The Contractor shall maintain good public relations with University and EVMS students, faculty, and staff.

B. SPECIFIC:

The Contractor shall service the University’s Main Campus (Norfolk, VA), its higher education centers (i)

Virginia Beach Higher Ed Center (1881 University Drive, Virginia Beach, VA), (ii) Tri-Cities Center (1070

University Boulevard, Portsmouth, VA) (iii) the Peninsula Higher Ed Center (600 Butler Farm Road, Hampton, VA) and the EVMS Campus, collectively the “University”, and shall be responsible for:

1. Providing a sufficient number of vending machines in University areas to satisfy the requirements of students, faculty, and staff.

2. All installed equipment must be brand-new and energy efficient. No refurbished equipment is allowed. All expenses for the installation or removal of vending machines shall be borne by the

Contractor

3. When necessary, equipment maximum installation clearance shall be twelve inches (12”) from vending machine to rear walls. No machine shall block any electrical panel box cover, door, or other building structure either partially or completely.

4. Cashless Technology/Credit Card Reader:

a. Required on all vending machines.

b. All vending machines must give the consumer the option to pay either by cash or credit/debit card. For the Old Dominion University campus machines, option shall also include use of Monarch Plus Card.

c. All vending machines must be capable of accepting (and making change for) both $1 bills and coins (excludes $0.50 or greater value coinage).

d. Surcharges may apply only to credit card purchases.

e. If Surcharges apply, required notification to customers before customers make an actual purchase at the point of sale.

f. If Surcharges apply, same are limited to the amount the Contractor pays the credit card company, e.g., no markup allowed.

5. Furnishing, installing, and maintaining as necessary, microwave ovens for the use of vending services. Additional microwave ovens may be required based upon sales volume;

6. Maintaining and servicing all vending equipment on a frequent and continuous basis. Each vending machine shall be serviced or restocked as necessary to maintain an adequate supply of fresh product, and/or when approximately 50% of its inventory has been sold;

7. Offering varied selections of product as requested by the University;;

8. Ensuring that non-biodegradable products (to include, but not limited to cups, plates, utensils) are not provided or used during the performance of contract;

9. Ensuring that at least 25% of the vending machines to be installed have “healthy choice” options to include but not be limited to low calorie, high fiber, natural, organic vending choices.

10. Maintenance Services:

a. The Contractor shall provide vending equipment maintenance and repair service seven

(7) days a week.

b. The Contractor shall, at its expense, maintain the vending machines, including any meters and special attachments, in proper mechanical working order and make all necessary repairs and replacement of parts.

c. The Contractor shall also keep the vending machines, material handling equipment and properly identified service vehicles, in a clean, attractive, and sanitary condition to the satisfaction of the University. Microwave ovens are considered the same as vending machines for purposes of this contract.

d. The Contractor shall provide a decal on each machine with current service and repair phone numbers. Service and repair phone numbers must be accessible and answered twenty-four (24) hours per day.

e. The contractor shall provide repair services within six (6) hours of initial notification.

f. Equipment which cannot be returned to full service within 24 hours of notification of needed repair shall be replaced with comparable equipment of like quality until the original equipment is returned to service or permanently replaced at Contractor’s expense.

g. The premises, equipment, supplies and facilities shall be maintained throughout the life of the contract in a condition satisfactory to the University.

h. The Contractor shall ensure adherence to the highest standards of cleanliness and sanitary practices to ensure continual sanitation in all functions and matters related to the execution of the terms of this contract.

i. The Contractor will be responsible for cleaning of machines including microwaves, vents and fans on a schedule mutually agreed to by the University.

j. On a semi-annual basis, the Contractor will coordinate with the Building and Grounds

Department of the University to clean behind and under all machines.

11. Retail Selling Prices:

a. Determining and establishing the “retail selling prices” for all Sundry and Beverage vending items, with the approval from the University’s Contract Administrator.

b. If and when the Contractor determines it necessary to change a certain selling price during the contract period, the Contractor shall make those price changes only after the approval of the University’s Contract Administrator.

c. The University shall approve retail selling price adjustments for both product cost decreases and increases, as necessary.

d. The Contractor must ensure that the request for a retail selling price increase is substantiated with proper documentation that shall be part of the contract file and approval of the same (no formal contract modification shall be required).

e. The Contractor may be requested to adjust the guaranteed yearly payment and/or percentage of gross sales to the University upon any contract price adjustment.

12. Contractor’s Employees:

a. All employees on the Contractor’s payroll shall be the Contractor’s responsibility. The

Contractor shall comply with all applicable governmental regulations related to employment, compensation, and payment of personnel.

b. The Contractor shall utilize its own employees and equipment. It is the responsibility of the Contractor to provide a sufficient staff of employees, properly trained, to consistently maintain the contract.

c. All employees of the Contractor who handle cash at the University shall be bonded and a list of the employees shall be furnished to the University.

d. All of the Contractor’s servicing and delivery employees shall have a proper driver’ license.

e. Employee uniforms shall be furnished by the Contractor, which will easily and appropriately identify the Contractor and the employee by name. Exceptions shall be determined by mutual agreement between the University’s Contract Administrator and the Contractor. All Contractor employees must present a neat and clean appearance while performing under this contract.

f. Employees of the contractor shall observe all regulations of the University. Failure to observe such regulations may be grounds for removal from the University campus.

13. Management:

a. The Contractor is responsible for establishing effective management controls in the performance of the contract.

b. The Contractor shall appoint a Contractor’s Management Agent who will routinely review and inspect operations, personally fill staff vacancies, if necessary, and consult with the

University on current and future service programs. The Contractor’s Agent shall be thorough familiar with all aspects of the contract and should have full authority on the

Contractor’s behalf in any and all matters pertaining to the contract.

c. The Contractor is responsible for control of all keys or access cards issued to its representative by the University and the security of the vending areas when they are used by the Contractor. The Contractor shall be responsible for immediately reporting all of the facts relating to losses incurred, equipment damage or break-ins to its equipment and the areas of incidents within the University. The University shall designate the authority who shall receive these reports and be responsible for key and card issuance and periodic review of key and card control.

d. The Contractor assumes full risk and responsibility for any loss, destruction or damages resulting from this contract occurring to Commonwealth of Virginia property, to include University property, and to any of the Contractor’s property.

14. Refund Policy:

a. The University shall designate personnel (University refunders) at each vending location to issue refunds and to document the machine and the date and time from which the refund was issued. The Contractor shall be provided with a list of University refunders broken down by vending location.

b. The Contractor shall provide each designated University refunder per vending location with a twenty dollar ($20.00) “change bank” fund for refunds, or another amount as deemed an appropriate and necessary by the University. Refund change fund banks shall be small, lockable cash boxes with one key. The key shall remain in the possession of the University refunder. Change fund bank boxes shall meet with the University’s approval. The refund change banks shall remain the property and responsibility of the

Contractor at all times.

c. The Contractor shall reimburse all refund change fund banks weekly, at a minimum, and shall inform the Contract Administrator of any refund bank discrepancies due to shortages/overages to include lost or stolen cash, within twenty-four (24) hours of identification.

15. Space and Storage of Contractor’s Property:

a. The Contractor shall not be required to pay any rental for the space occupied by the vending machines furnished when in use on the premises of the University.

b. The Contractor is not authorized to make any improvement or alteration to the space or to the facilities in which the machine(s) are installed, without the prior written approval of the University.

c. The University permits the Contractor to use such spaces as necessary to carry out the terms of this contract and such spaces are those areas presently used for vending equipment.

d. Any new areas not presently utilized as vending space must be mutually agreed upon, in writing, between the University and the Contractor.

16. Utilities:

a. The Contractor is responsible for inspecting facilities and identifying available utilities for placement of machines.

b. Any alteration to utilities will be the responsibility of the Contractor whereby all installations are approved by the University. Where necessary, utilities shall be brought to the vending areas by the University. The contractor shall be responsible for paying the cost of connections from the main utility source to the equipment, including all other associated costs of installation of said equipment.

c. The University shall not guarantee an uninterrupted supply of water, electricity, or heat except that it shall be diligent in restoring service following an interruption. The University shall not be liable for any losses which may result from the interruptions or failure of any such utility services.

17. Trash Removal:

Contractor shall not be permitted to utilize the University dumpsters and trash receptacles for disposal of the Contractor’s trash and debris.

18. Pest Control:

The University shall be responsible for insect and pest control in all food and drink vending service areas. The Contractor shall be responsible for pest control inside of the machines.

The Contractor shall also keep the vending machines, material handling equipment and properly identified service vehicles, in a clean, attractive, and sanitary condition to the satisfaction of the

University. Microwave ovens are considered the same as vending machines for purposes of this contract. Contractor should respond to emergency service calls within four (4) hours of notification. Equipment which cannot be returned to full service within 48 hours of notification of needed repair shall be replaced with comparable equipment of like quality until the original equipment is returned to service or permanently replaced at no cost to the University. The premises, equipment, supplies and facilities shall be maintained throughout the life of the contract in a condition satisfactory to the University. The Contractor shall ensure adherence to the highest standards of cleanliness and sanitary practices to ensure continual sanitation in all functions and matters related to the execution of the terms of this contract. The Contractor will be responsible for cleaning of machines including microwaves, vents and fans on a schedule mutually agreed to by the University. On a semi-annual basis, the Contractor should coordinate with the Building and Grounds Department of the University to clean behind and under all machines.

19. Free Services:

The Contractor shall not furnish free or discounted service to any individual(s) who utilizes the vending services.

20. Consulting:

a. Facilities:

The University may, from time to time, request the services of the Contractor to assist with the development of layouts and specifications for new or remodeled coin-operated vending service facilities. These consulting services should be provided at no charge to the University.

b. Product:

The University may request that the Contractor provide new products for evaluation by

20-30 people to demonstrate new product innovations and ideas at no cost to the

University.

21. Promotions:

Promotional programs should be provided each month. These will be reviewed and approved by the University, in writing, in advance. The total dollar amount of the anticipated promotional programs can be listed in the ‘Pricing Schedule’ if proposed.

22. Use, Sale, or Other Disposal of Contractor’s Equipment:

a. Any vending equipment not removed from the University locations on termination of the contract and/or after ten (10) days written notice to the Contractor, may be removed, and placed in storage by the University.

b. The Contractor shall be responsible for costs of removal, storage, and revenue loss.

c. If after sixty (60) days from the date of written notice for removal the equipment remains at the University, the disposition shall be at the discretion of the University and at the expense of the Contractor.

23. Quarterly Reconciliation and Payment:

a. The Contractor and University shall work collaboratively to perform a Quarterly reconciliation to determine the volume and dollar value of product sold.

b. The reconciliation process should commence no later than twenty (20) days after the end of the then current term.

c. The Contractor shall remit required payment to the University no later than sixty (60) days from the date that the Contractor and the University mutually agree in writing to (i) the final reconciliation for each Quarter, and (ii) the amount due from the Contractor to the

University;

d. The University’s Contract Administrator shall make part of the contract file the support documentation for each annual reconciliation and payment of the same.

V. REPORTING AND DELIVERY REQUIREMENTS:

A. UTILIZATION OF SMALL BUSINESSES AND BUSINESSES OWNED BY WOMEN AND MINORITIES:

1. Any subsequent contract(s) that include a final SWAM Plan must provide for expenditure percentages for each proposed SWAM subcategory, as mutually negotiated, and agreed to.

2. Periodic Progress Reports/Invoices: For those contract(s) that include a final SWAM Plan, the

Contractor shall provide on a quarterly basis to the appropriate University contact, a report on involvement of small businesses and businesses owned by women and minorities. This report will specify (i) the proposed total spend percentage and proposed total spend in dollars during the contract term for each proposed SWAM subcategory, (ii) the proposed total spend percentage and proposed total spend in dollars during the contract term with each identified and specified business,

(iii) the actual spend percentage and actual spend in dollars to date and/or current period with each identified and specified business. This information shall be provided separately for small businesses, women-owned businesses, and minority businesses.

3. Final Actual Involvement Report: The Contractor shall submit to the appropriate University contact, within 60 days of contract completion, a report on the actual dollars spent with small businesses and businesses owned by women and minorities during the performance of the contract. At a minimum, this report shall include for each firm contracted with and for each such business class

(i.e., small, women-owned) a comparison of the total actual dollars spent on this contract with the planned involvement of the firm and business class as specified in the proposal, and the actual percent of the total estimated contract value.

4. If at any time during the contract term, as evidenced by review of required quarterly and report submittals, the awarded Contractor fails to meet proposed SWAM expenditure percentages, the

University may deem same in ‘breach of contract’, and take appropriate action as necessary, which may include:

i. An agreed to period to allow Contractor ‘time to cure’;

ii. Cancellation of remaining term(s) of contract; or

iii. The withholding of funds due to Contractor equal to the difference between proposed expenditure amount versus actual expenditure amount for any and all

SWAM subcategories.

5. In the event Contractor provides satisfactory resolution to any SWAM subcategory spend deficiency, the University will release to Contractor the associated funds withheld.

6. The University’s right to withhold any funds due the Contractor pursuant to this section, shall not relieve the Contractor of their contractual obligations.

B. Good Faith Small, Women, and Minority (SWaM) Owned Business Participation Efforts:

1. Old Dominion University is committed to the preservation and strengthening of small businesses, small businesses owned by women and minorities and to encouraging their participation in State procurement activities. Subsequently, the University is committed to achieving its FY2024 aspirational target of forty-seven and one-half percent (47.5%) with firms certified by the

Commonwealth’s Department of Small Business and Supplier Diversity (“DSBSD”) for combined prime contractor and subcontractor spend. The University requests assistance from all potential prime contractors in reaching this goal by specifically meeting or exceeding expenditure targets equal to:

a. 8% for MBE spend;

b. 6.5% for WBE spend; and

c. 33% for SBE spend.

2. It is the University’s goal to achieve these targets through Offeror’s willingness to provide for participation of small businesses, and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on this contract are required. By submitting a response, /Offeror certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in the response being deemed non-responsive, and ultimately rejected.

3. Plans submitted that include involvement and participation of certified DSBSD SWAM firms will be evaluated based on commitment to meeting the University’s targets specified in above paragraph

1., and as applicable, will be awarded associated points as calculated and described herein.

4. The University also encourages Offeror’s to provide for participation of small businesses, and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on any resulting contract are required. By submitting a response, Offeror certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in response being deemed non-responsive, and ultimately rejected.

5. While it is the University’s intent to enter into an exclusive agreement with one Offeror, whenever possible, all potential Offerors are encouraged to subcontract any applicable services by partnering with qualified vendors that have also been certified as small, small woman-owned, small minority-owned, businesses through the Commonwealth of Virginia’s DSBSD.

6. Regardless of whether or not the Offeror is able to qualify for DSBSD certification, selected Offeror shall also agree to provide reports to the University’s Department of Procurement Services, identifying the subcontractors used during the performance of any subsequent contract, as follows:

A. Goods and Services – Quarterly Reports:

i. DSBSD Certified subcontractors:

(a) Firm name;

(b) DSBSD certification number;

(c) DSBSD Designation (Small, Woman, Minority);

(d) Value of subcontractor’s contract;

(e) Amount paid current quarter;

ii. Non-DSBSD Certified subcontractors – Contracts >$100,000:

(a) Firm name;

(b) DSBSD certification number;

(c) DSBSD Designation (Small, Woman, Minority);

Note: Contractor may be deemed in “breach of contract” for failure to provide the required subcontractor data and reports as specified above, and the contract and/or purchase order may be cancelled. Additionally, the University may withhold payment(s) for any and all services provided and invoiced during the period, and those same services will remain unpaid until such data and reports are provided.

C. Authorized Contract Participation: In accordance with the University’s Rules Governing Procurement of

Goods, Services, Insurance and Construction (“Rules Document”), specifically §6, Cooperative

Procurement, it is the intent of this solicitation to allow any public body, public or private health or educational…