State of Colorado

Front Range Community College

Request for Proposal

Campus Store Point of Sale System

Budgets & Auxiliary Services, Campus Stores

RFP #FRCC-19-01-W

RFP Release Date: August 3, 2018 Proposal Due Date: September 7, 2018 2:00pm M.D.T Front Range Community College

3645 West 112th Avenue

Purchasing Office, Room C2001

Westminster, Colorado 80031-2105

Telephone Number: 303-404-5510

Attention: Bryant Heberlein, Purchasing Coordinator

Email: Purchasing@frontrange.edu

FRONT RANGE COMMUNITY COLLEGE

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

REQUEST FOR PROPOSAL COVER PAGE

5SECTION 1 – BACKGROUND, OVERVIEW & GOALS……………………………………………………………

9SECTION 2 – ADMINISTRATIVE INFORMATION………………………………………………………………...

20SECTION 3 – STATEMENT OF WORK……………………………………………………………………………

36SECTION 4 – ADDITIONAL REQUIREMENTS……………………………………………………………………

38SECTION 5 – RESPONSE FORMAT……………………………………………………………………………….

39SECTION 6 – EVALUATION PROCESS AND CRITERIA………………………………………………………..

40SECTION 7 – PRICE SHEET………………………………………………………………………………………..

APPENDIX A – Vendor Pricing Sheet

SEPARATE ATTACHMENT

APPENDIX B – Vendor Cloud Assessment

SEPARATE ATTACHMENT

FRONT RANGE COMMUNITY COLLEGE

REQUEST FOR PROPOSAL

COVER PAGE

SEALED RESPONSES MUST BE MAILED OR DELIVERED TO:

FRONT RANGE COMMUNITY COLLEGE

PURCHASING DEPARTMENT, ROOM C2001

3645 WEST 112TH AVENUE

WESTMINSTER, COLORADO 80031-2105

DESCRIPTION:

Campus Store Point of Sale, Inventory Management, Accounting, and E-Commerce/Website Management System

BIDDER MUST SUBMIT ONE (1) ELECTRONIC COPY (USB DRIVE OR CD/DVD) OF THE PROPOSAL.

THE PROPOSAL MUST BE SEALED AND INCLUDE ALL REQUIRED INFORMATION. EMAILED PROPOSALS WILL NOT BE ACCEPTED.

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

F.E.I.N. (Required):

Terms (Must be at Least NET 45 days):

Signature:

Typed/Printed Name of Authorized Representative:

Company Name:

Address:

City:

State:

Zip Code:

Phone:

Toll Free Phone:

Fax:

No

No

*Ownership means active daily management in the organization and an ownership interest greater than fifty percent.

IMPORTANT: SOLICITATION NUMBER, OPENING DATE AND TIME, AND VENDOR NAME MUST BE PRINTED ON THE OUTSIDE OF THE RFP SUBMITTAL ENVELOPE.

Please be advised that telegraphic or electronic responses (Fax, Western Union, Telex, etc.) CANNOT BE ACCEPTED as a sealed proposal. Vendors are urged to read these documents thoroughly before submitting a response.

Response must be signed by a representative of the vendor who is legally authorized to bind the vendor to the proposal.

Vendors are required to adhere to the State of Colorado Terms and Conditions. For a copy contact the Purchasing Department at purchasing@frontrange.edu . Award is contingent upon vendor’s compliance with C.R.S 8-17.5-101 et seq and 24-76.5-101 et seq regarding employment of illegal aliens. For a copy contact the Purchasing Department at purchasing@frontrange.edu Vendors must be registered with the State of Colorado CORE website prior to RFP award. Call 303-894-2039 or visit the Internet at http://core.state.co.us/vendor-self-service to register.

THIS PAGE MUST BE SUBMITTED WITH PROPOSAL

SECTION 1

BACKGROUND, OVERVIEW & GOALS

1.1. PURPOSE

Front Range Community College is soliciting sealed proposals from vendors that have demonstrated experience in comprehensive, specialized college campus store point-of-sale (POS), inventory management, accounting, and e-commerce/website management systems for the purpose of establishing a potentially renewable contract with one qualified vendor. The successful vendor will provide a state of the art campus store POS system and inventory management system and ecommerce/web based solutions that will allow the campus stores to provide excellent service to its constituents while seamlessly integrating efficiencies into all processes of campus store operations. These processes include but are not limited to:all register sales including financial aid transactions, textbook adoptions, inclusive access, purchasing and returns, shipping and receiving, textbook price comparison, textbook buyback, accounting, online sales, rentals, transfers, customer relations management, and operations. The vendor will have qualified and knowledgeable employees to provide 24/7 customer service in all areas of their system. These employees will also need to sustain system updates and continually be searching for new and innovative ways to upgrade the product. The vendor will have an established record of providing superior, innovative, and cost effective services in the higher education market and a demonstrated ability to capitalize on all aspects of campus store operations. The system will be capable of expansion as the College and campus stores continue to grow. As such, the successful vendor will have an eye on the future and will continue to provide innovative technologies for system users over time.

1.2

ORGANIZATIONAL OVERVIEW

As the largest community college in Colorado, Front Range Community College (FRCC) serves more than 24,000 students annually from three campuses, one learning center, numerous outreach sites associated with the campuses, as well as the FRCC Online and CCCS Online programs. The largest physical campus resides in Westminster (WC), followed by the Larimer Campus (LC) in Fort Collins, the Boulder County Campus (BCC) in Longmont, and the Brighton Center (BR). The Westminster Campus, Larimer Campus, and Boulder County Campus each house a campus store serving campus and online students. The Westminster Campus Store also manages a temporary store at the Brighton Center. The campus stores are owned and operated by FRCC. The campus stores report to the Division of Finance and Administration, Office of Budgets and Auxiliary Services.

1.3

CURRENT CAMPUS STORE OPERATION

The college campus stores offer in-store and online products and services. The stores generate 125,000 POS and online transactions per year. Course materials account for the majority of sales and transactions. Course material products offered include new books, used books, new rentals, used rentals, course packets, trade books, eBooks and inclusive access. General merchandise products offered include clothing, school supplies, technology and electronics, food and drinks, gifts and insignia, health and beauty aids, and regalia.

1.4

CURRENT HARDWARE

A. Point of Sale:

Registers are set-up identically at each campus and consist of monitors, keyboards, cash drawers, receipt printers, and customer facing displays.

B. Additional hardware includes:

1. POS Server: Each campus store has a server which is located within IT Services.

2. Barcode Printer: Each campus store has an Avery Dennison Monarch barcode printer. It’s used for printing manually created EAN’s or UPC’s when needed.

3. Printers: Each campus store has at least 1 Lexmark printer for general printing including shelf tags.

1.5

CURRENT SOFTWARE

FRCC Campus stores are currently using the MBS Service Company software system including applications for the following:

A. POS including on-site and off-site sales. Tenders include cash, checks, credit and debit cards, college financial aid, and 3rd party accounts B. Website development, maintenance, and hosting.

C. E-commerce. Website offers for sale all course materials for each campus store and a variety of general merchandise. Also includes a course material adoption website interface.

D. Inventory management software for item and vendor maintenance, purchase orders, pricing, receiving, and vendor returns.

E. Accounts receivable including financial aid and 3rd party account management

1.6

OTHER APPLICATIONS AND ELECTRONIC DATA INTEGRATION

C. Front Range Community College is part of the Colorado Community College System (CCCS). CCCS utilizes an Enterprise Resource Planning (ERP) system which is Ellucian Banner. Banner and MBS share data via file transfers for the following functionality:

a. FRCC and CCCS course imports to MBS which include course data and student enrollment. This is updated in the adoption

b. FRCC and CCCS student information imports to MBS for customer databases

c. FRCC student financial aid awards

d. Campus stores imports to Banner for financial aid transaction posting to student Banner accounts D. Vendor should be able to provide live interface/gateway software to replace aforementioned file transfers

SECTION 2

ADMINISTRATIVE INFORMATION

2.1 Issuing Office This Request for Proposal (RFP) is issued through the College’s Purchasing Department. The Purchasing Department is the sole point of contact concerning this RFP.

2.2 Official Means of Communication During the solicitation process for this RFP, all official communication between the Purchasing Department and prospective vendors will be via postings on the Colorado Operations Resource Engine (CORE). The Purchasing Department 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 winning vendor. It is incumbent upon vendors to monitor CORE carefully and regularly for any such postings.

2.3 Statement of Purpose

The term “Request for Proposal” means a solicitation of a formal sealed proposal, following submission of which, changes in proposals and/or prices are allowed; and the offer deemed by the College to be the most advantageous for the College in terms of criteria, as designated in the RFP, is accepted. This RFP provides prospective vendors with sufficient information to enable them to prepare and submit proposals for consideration by the College to achieve the goals of this RFP.

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 vendor.

2.5 Schedule of Activities

2.6 Inquiries

Vendors may make written inquires (email is preferred) concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in Section 2.5, Schedule of Activities. Send all inquiries to:

Front Range Community College

Attn: Purchasing Coordinator

RFP# FRCC-19-01-W

Room C2001, Campus Box 15

3645 West 112th Avenue

Westminster, Colorado 80031-2105 Purchasing@frontrange.edu The only official response to a vendor's inquiries is those responses that are published as a modification on the CORE system. Vendors should not rely on any other statements that alter any specification or other term or condition of this RFP.

2.7 Mandatory Pre-Proposal Conference N/A, No meeting will be held 2.8 Modification or Withdrawal of Proposals

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

2.9 Proposal Submission

Proposals must be received on or before the date and time indicated in Section 2.5, Schedule of Activities. Late proposals will not be accepted. It is the responsibility of the vendor to ensure that the College receives the proposal on or before the proposal opening date and time. Vendors mailing their proposals should allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. The proposal package must be delivered to:

Front Range Community College

ATTN: Purchasing Coordinator Room C2001, Campus Box 15

3645 West 112th Avenue

Westminster, Colorado 80031-2105 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 cover page must 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:

VENDOR’S NAME

RFP-NO.

PROPOSAL DUE DATE AND TIME

2.10 Addendum or Supplement to Request for Proposals

In the event that it becomes necessary to revise any part of this RFP, an addendum notice will be sent via the CORE system.

2.11 Oral Presentations/Site Visits

College may in its sole discretion request vendors make an oral presentation. Such presentations will be at the vendor's expense.

2.12 Acceptance of RFP Terms

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the vendor or an officer of the vendor legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the vendor of all terms and conditions including compensation as set forth herein. A vendor shall identify clearly and thoroughly any variations between its proposal and this 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.

2.13 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 College’s Purchasing Department. The protest shall be submitted in writing within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto (emphasis added). Ref. Section 24-109, 101 et. seq., CRS, as amended; Section 24-109-101 through R-24-109-206, Colorado Procurement Rules.

With regard to the emphasized language above, it is important for vendors to note that a challenge to the solicitation's requirements or specifications should be made within seven (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 seven (7) working day time period, even if that means it is filed during the time the solicitation is still open.

Announcement of the apparent winning vendor will be made via a posting on the CORE system. The requirement for timely submission of any protest (seven (7) working days) will begin no later than the first working day following posting of the award notice on CORE.

2.14 Confidential/Proprietary Information

Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Written requests for confidentiality shall be submitted by the vendor with the proposal. The vendor 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, the College 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 the College to use the information contained herein if obtained from another source.”

Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. 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. The College will make a written determination as to the apparent validity of any written request for confidentiality. In the event the College does not concur with the vendor's request for confidentiality, the written determination will be sent to the vendor. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

2.15 RFP Response Material Ownership

All material submitted regarding this RFP becomes the property of the College. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

2.16 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 a consideration in determining the apparent successful vendor.

2.17 Evaluation and Discussion Process

An evaluation team will judge the merit of proposals received in accordance with the general criteria defined in Section 6. The recommendations of this committee will be forwarded to the Purchasing Coordinator for approval and execution. Failure of a vendor to provide any information requested in this RFP may result in disqualification of the proposal. The sole objective of the evaluation committee will be to recommend the vendor whose proposal is the most responsive to the College’s needs.

The College reserves the right to award on receipt of initial proposals. If award is not made upon receipt of initial proposals, the College will provide vendors remaining in the competitive range with written requests for clarifications/notice of deficiencies in their proposals. Vendors 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 Guidelines regarding the oral presentations will be distributed to those vendors remaining in the competitive range.

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

2.18 Notice of Intent to Award

Upon notice of intent to award, if requested, the vendor may be asked to supply audited financial statements within the requested time frame. This response must include a credit rating by a rating service. Contractor shall also identify the manager that will be responsible for overseeing the complete implementation and management along with complete contact information.

2.19 Award

Award will be made to the responsible vendor whose proposal, conforming to this RFP, will be the most advantageous to the College, price and other factors considered. If the College purchases with a contract, that contract must be completed and signed by all parties concerned and the State of Colorado contract terms and conditions apply. If the College purchases with a purchase order the State of Colorado purchase order terms and conditions apply. In the event the parties are unable to enter into a contract, or if in the case of a purchase order the State of Colorado terms and conditions are not accepted, the College may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the next most responsible vendor.

2.20 Acceptance of Proposal Content

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

2.21 Standard Contract

The College reserves the right to incorporate standard State contract provisions into any contract resulting from this RFP including provisions referenced and the State Special Provisions. Certain portions of the contract may be edited or adjusted to reflect the actual award given a particular vendor.

2.21.1 Order of Precedence

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

2.21.2 Vendor Proposed Terms and Conditions

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

2.22 RFP Cancellation

The College reserves the right to cancel this entire RFP or individual phases at any time, without penalty.

2.23 State Ownership of Products/Services

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

2.24 Incurring Costs

The College is not liable for any cost incurred by vendors 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 vendor 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

The College 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 the College.

2.27 Parent Company

If a vendor 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 vendor responding to the RFP must also be provided.

2.28 News Releases

News releases pertaining to this RFP shall NOT be made without the prior written approval of the College.

2.29 Contract Cancellation

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

2.30 Certification of Independent Price

E. 2.30.1 Certification By submission of this proposal vendor certifies 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 vendor 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 vendor and will not knowingly be disclosed by the vendor prior to opening, directly or indirectly to any other vendor or to any competitor; and,

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

F. 2.30.2 Individual Certification

Each person signing the Invitation for Bid form of this proposal certifies that:

(a) He or she is the person in the vendor'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 2.30.1(a) through 2.30.1(c) above; or,

(b) He or she is not the person in the vendor's organization responsible within that organization for the decision as to the prices being offered herein but that 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 2.30.1(a) through 2.30.1(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to 2.30.1(a) through 2.30.1(c) above.

G. 2.30.3 Proposal Not Considered For Award Conditions A proposal will not be considered for award where 2.30.1(a), 2.30.1(c), or 2.30.2 above has been deleted or modified. Where 2.30.1(b) above has been deleted or modified, the proposal will not be considered for award unless the vendor 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.

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

1.

Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the individual has breached his fiduciary duty.

2.

A public officer or a State employee shall not:

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 has a substantial financial interest.

3.

A head of a principle department or a member of a quasi-judicial or rule-making agency may perform an official act not withstanding paragraph (d) of subsection (2) of this section if his or her participation is necessary to the administration of a statute and if he or she complies with the voluntary disclosure procedures under section 24-18-110, C.R.S.

4.

Paragraph (c) of subsection (2) of this section does not apply to a member of a board, commission, council, or committee if he or she complies with the voluntary disclosure procedures under section 24-18-110, C.R.S. and if he or she is not a full-time State employee. Ref. section 24-18-108, C.R.S. as amended.

2.32 Taxes

The College, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code 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 contract without the prior written consent of the other party.

2.34 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.

2.35 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.

· Commercial 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:

1. Occurrence basis policy – combined single limit of $1,000,000.

2. Annual Aggregate limit policy – not less than $1 million plus agreement that vendor will purchase additional insurance to replenish the limit to $1,000,000 if claims reduce the annual aggregate below $600,000.

3. Claims-Made policy – Combined single limit of $600,000, plus an endorsement that extends coverage two years beyond the policy expiration date.

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

H. Additional Insured

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

I. Cancellation Prevention

The insurance shall include a provision preventing cancellation without a 45 calendar day prior written notice to the State by certified mail.

J. Insurance Documentation

Vendor shall provide the following documentation to the College within seven (7) working days of a request therefore, unless otherwise provided:

1. Certificates 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 of additional insured coverage.

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 from the College’s President. Further, the successful vendor will not conduct a program designed for the College or take advantage of the fact that they are the successful vendor for these services without the specific written authorization from the College’s President. 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 Bonds

N/A.

2.39 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."

2.40 Venue

The laws of the State of Colorado 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.

2.41 Contractual Obligation Nothing contained herein creates any contractual relationship between the College and the contractor, subcontractor, or supplier. However, bidding statements contained in the response of the successful contractor will become part of the contract or purchase order for the product and services.

If after award, the contractor becomes aware of possible problems which could result in delay of schedule, the contractor must immediately notify the College 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 Undocumented Workers Vendors are required to adhere to the State of Colorado’s Terms and Conditions. Award is contingent upon vendor’s compliance with C.R.S 8-17.5-101 et seq and 24-76.5-101 et seq regarding employment of undocumented workers.

2.43 Limited Competition

Because of the limited competition expected from registered CORE vendors on this solicitation, the College intends to use both CORE and additional methods of vendor notification and may make the specifications available to non-registered vendors through additional means. However, responses submitted by non-registered vendors will not be opened or considered (except as necessary to determine CORE registration status) unless, after examination of responses submitted by CORE registered vendors, it is determined that there is not adequate competition among CORE registered vendors. If adequate competition exists among registered vendors, responses from non-registered vendors will not be considered. If a non-registered vendor is determined to be entitled to award, that vendor must register on CORE/Colorado VSS before the solicitation can be awarded and before the commitment voucher can be issued. By submitting a response to the solicitation, the vendor agrees to register for CORE/Colorado VSS as a condition of award. If the vendor does not do so in a timely manner, the agency may cancel the award and select another vendor.

2.44 Award Period

The College shall award this RFP to one vendor and shall cover the period from the date the contract is signed or the purchase order is issued, through a five year term. The maximum total award term shall not exceed five (5) years.

SECTION 3

STATEMENT OF WORK

Vendors submitting a proposal: provide information regarding your company’s ability or inability to meet each statement below.

3.1 Point of Sale

K. Methods of payment

4. System shall accept tenders currently in use, with the ability to add or modify when needed, and process multiple tender transactions.

5. The store adheres to state and FRCC contracts. POS system for credit and debit transactions must work with the College’s current card processor, Wells Fargo, and also be flexible to change in the event that current processor changes. Must be able to work with Point-To-Point Encryption (P2PE) processors and be compliant with PCI requirements outlined in the SAQ-P2PE. See additional PCI Compliance in section 3.5.

6. Must accept and work seamlessly with the college Financial Aid and 3rd Party charges.

7. Must accept and work seamlessly with the stores’ loyalty program and gift cards.

L. Receipts

8. Should be easily customized by users with that privilege.

9. Should be able to be recreated in the original format with original dates and information if/as needed (ex. Original rental due dates).

10. Should be able to use recycled and/or cost efficient paper, ink/ribbon cartridges or thermal.

11. Should be able to turn on/off different types of receipts.

12. Should have a clear and legible type font/print.

13. Should have the ability to print multiple receipts if/as needed.

14. Must capture each customer’s sale/refund/exchange.

15. Receipts must be easily retrieved with the method of payment, with our without receipt present.

M. Opening / Closing of cash drawers

16. Should have the ability to handle more than one cashier per cash register drawer.

17. Should be able to easily track each cashier per cash register drawer.

18. Should be able to process / transmit multiple closing batches during the day without any or very limited downtime of a cash register.

N. Register Reports

19. Should be easy to access / view / print by such categories as but not limited to cashier, register, date, time, item, type of sale or type of tender.

O. Register Review Audits

20. Should be able to easily review sales transactions on screen or printed.

21. Should be able to search transactions by multiple criteria.

P. Refunds / Exchanges

22. Should be a seamless process at register.

23. Should be able to refund / exchange items at a previous price and still reflect the inventory update accordingly.

24. Should be able to refund / exchange to ANY method of payment or combination of payment.

25. Should be able to do both refund and sale within the same transaction regardless of payment type.

Q. Credit Cards

26. Must be fully integrated with the POS.

27. Must be processed by way of internet for fastest time possible.

28. Method of payment must be able to accept multiple credit cards.

29. Must be able to access encrypted credit card tokens designated for future charges against non-returned textbook rentals.

30. Should be able to process items with “no signature required” per certain limits.

R. Textbook Buyback at Registers

31. Must easily interface with textbook databases that are automatically updated and searchable.

32. Should offer ability to view multiple wholesaler databases to provide student with the best prices.

S. Price Differences at Register

33. Must be able to override prices at register for previous priced refunds and the system will correctly “post” the item back to inventory.

T. Security Measures

34. Access management should be easily customized by authorized employees.

35. Registers should automatically log off and lock with a display message.

36. Supervisor should have the ability to set log off time frame.

37. Must have the ability to track laptop serial numbers sold at cash register and maintain serial number in inventory management database.

U. Sales Taxes / Exemption

38. Must be able to tax exempt one item or the entire sale.

39. Must be able to adjust tax quickly and easily at register if needed.

40. Must be able to set multiple tax rates for each store location in POS and ecommerce.

V. Sales at Register

41. Should be able to “suspend” sales.

42. Should be able to produce/print a “quote” receipt and not affect our inventory.

43. Should be able to price check items and not affect our inventory.

44. Signatures for credit cards or account charges should be stored and retrievable on the POS.

45. Ability to accept in-house coupons, possibly external coupons.

46. Ability to input a UPC or EAN manually if item doesn’t scan and inventory would be posted correctly.

W. Monitor, Scanner and Keyboard at Register

47. Monitor should be at least 15” and have a clear, durable screen.

48. Scanner should be easily interchangeable from handheld to mount.

49. Scanner should be easily programmable and updateable to new versions.

50. Scanner should scan 13 digit types of UPC-A, UPC-E, EAN and food codes.

51. Keyboard should be durable, water resistant and withstand high usage.

52. Prefer touch screen monitor.

X. Textbooks / Merchandise

53. Should be able to clearly identify merchandise by full description on screen at cash register.

54. Should be able to clearly identify new, used, rental and their UPC or EAN at register.

Y. Voids/Error Handling at Registers

55. Should have an easily accessible report (on screen and/or printed) for researching errors at the cash register.

56. Should have the ability to void individual items or transactions at register, and post-void transactions.

57. Should have security measures for limiting who can perform corrections at the cash register.

58. Should have various reports for auditing errors at the registers.

Z. Rentals

59. Must have reports that are easily accessed and include rental sales new and used, rental costs new and used, default rentals processed, and default rentals un-chargeable.

60. Must be able to clearly and easily identify “rental” items on any screens in the POS system.

61. Must be able to sort criteria at register by but not limited to name, student ID number, date, time, item or type of tender.

62. Must be able to identify, process charges for, and run reports of default rentals.

63. Should be able to clearly identify the rental item at the register and the account that is associated with it.

64. Rental contract should be printed and signed at cash register.

65. Rentals and sales can be processed in the same transaction.

Q.

Vendor should offer and support development and maintenance of real-time interface/gateway with Banner to transmit all POS sales data by general ledger code, etc. as required by College

R.

Vendor provide information on any additional services offered by their point of sale software.

3.2 Mobile Sales

AA. Line Busters and Remote Sales

66. Must have a separate but integrated handheld device to process sales while customers are standing in line.

67. Device should process the exact type of sales and method of payment as the cash registers.

68. The device should be able to be used at other locations around campus or off campus.

69. Updating of information from the device to the POS should be easy and seamless.

70. Reports and safe guards should be available in case of device failure.

71. The requirement is for a PCI compliant and efficient method of processing such transactions, which includes encrypting all credit card data stationary and in transit.

72. Transactions should interface directly with inventory and POS systems.

73. Reports should provide options to report mobile sales separately and included with POS sales reports.

74. Vendor provide information on any additional services offered by their mobile sales software.

3.3 POS Server Hardware and Software if Not a Cloud-Based Solution A.

Should be housed in the FRCC IT department.

B.

All system hardware and software must be configured and maintained by the vendor with appropriate security controls. These controls include standard best practice products and procedures, such as anti-virus software, operating system patches, host-based firewalls, etc.

C.

Vendor must support quarterly AOC (Attestation of Compliance) and AOSC (Assentation of Scan Compliance) and maintain PCI compliance (see Section 3.5), which includes encrypting all credit card data stationary and in transit.

AB. All critical patches must be loaded within 30 days and all non-critical patches within 90 days. The College shall coordinate with the vendor to determine update ratings and to distinguish between critical and non-critical updates.

AC. All patches, upgrades and fixes will be tested in a test environment before installing in the production environment. The college will be provided with details of all patches, upgrades and fixes.

F.

Must be able to send and receive/upload secure file transfers with CCCS hosts.

3.4 Website Development and Hosting, and Ecommerce AD. The successful system provider shall provide an efficient ecommerce processing software, and all modules communicate seamlessly and accurately with little or no manual intervention.

75. Inventory information must be accurately reflected in the e-commerce software with minimal steps required to post transactions to same.

76. Ecommerce sales information must accurately and real-time update inventory.

77. Should integrate real-time with POS software for a variety of reasons including viewing online orders at cash registers, and retrieving an online order for an in-store refund.

78. Integration with Customer loyalty program to include ecommerce purchases and redeem loyalty points on web orders.

AE. The website should offer flexibility in design and simplicity in maintenance and operation. The vendor should provide all site development, maintain site as needed, and host site. The website software should also provide the following:

79. Offer ease in managing multiple store sites by providing one site with seamlessly updated and separate course material catalogs for each store.

80. Offer ease of adding general merchandise products across multiple stores, and adopting general merchandise to appear in course material catalogs.

81. Offer option for any store to process orders placed in a specific store’s catalog.

82. Able to easily create and maintain web promotions and discount sales events that coincide with POS sales events.

83. In addition to MasterCard, Visa, Discover and American Express, financial aid funds must be available as accepted tender during set times.

84. Software should authenticate Financial Aid customer accounts and purchases based on student database and available financial aid balance.

85. Online merchandise sales should have electronic signature and email receipt capability. All third party accounts require a signature in order for the college to be reimbursed.

86. Vendor created and hosted webpages must be produced with Responsive Web Design (RWD) to ensure friendly conversion for a variety of devices and screen sizes.

87. Vendor created and hosted webpages must be compliant with the Web Content Accessibility Guidelines 2.0 (WCAG) – Level AA.

88. Reports should provide options to report ecommerce sales separate, and included with POS sales reports, by store and for consolidated stores.

89. Reports should offer data selection including number of orders, sales, etc. based on timelines. Reports should also be available to pull information for open, pending, and completed orders. All by store and for consolidated stores.

90. Reports should offer page/site customer usage data and website analytics.

91. Vendor should support software integration with 3rd party vendor’s retail price comparison software.

92. Vendor should offer and support development and maintenance of real-time interface/gateway with Banner to transmit ecommerce sales data.

93. Vendor should offer and support development and maintenance of real-time interface/gateway from college’s Banner student registration that populates student web orders based on registered classes.

94. Vendor provide information on any additional services offered by their ecommerce and website software.

3.5 PCI Compliance

AF. Vendor represents and warrants that for the life of the data, the software and services used for processing transactions shall be compliant with the current standards as now or hereafter established by the PCI Security Standards Council (https://www.pcisecuritystandards.org/). Contractor shall, upon written request, furnish proof of compliance (certified by a PCI Qualified Security Assessor (QSA)) within 10 business days of the request.

95. Vendor agrees to indemnify and hold the College, its officers, employees, and agents harmless for, from and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys’ fees) and expenses arising out of or relating to any loss of College customer credit card or identity information managed, retained or maintained by vendor, including but not limited to fraudulent or unapproved use of such credit card or identity information.

96. For data, software, or services managed or hosted by the vendor or by third-party or cloud-based providers, the providers must supply quarterly AOC (Attestation of Compliance) and AOSC (Assentation of Scan Compliance) to the College and must maintain PCI compliance for the duration of the contract.

97. For data, software, or services are managed or hosted by the vendor or by third-party or cloud-based providers, all critical updates must be loaded within 30 days and all non-critical updates within 90 days. The College shall coordinate with the vendor to determine update ratings and to distinguish between critical and non-critical updates.

98. Vendor shall be able to produce, upon request, an external IT audit that has been completed within the last 12 months.

3.6 Financial Aid / 3rd Party Charges

AG. Must easily and efficiently integrate (uploads and downloads) with the College’s current Banner system and correspond with upgrades of that system, preferably immediate updates to Banner.

99. Should be able to run reports by student name, student ID number, transactions, account balance, store, or specific criteria or any combination of such.

100. Should be able to easily set tax and non-tax and variations of tax rates for each account.

101. Registers should clearly and easily show limitations, running balances and additional messages for each account.

102. POS must capture signatures on all charge accounts.

103. Should be able to clearly identify whose account and what type of account is being selected at the cash register.

104. Should integrate with other 3rd-party software providers who the college chooses to partner with for processing financial aid transactions or other purchases being charged to student Banner accounts.

105. Vendor provide information on any additional services offered by their financial aid and 3rd party charges / A/R software.

3.7 Accounts Receivable

AH. Must be able to…