RFP KLW-2022-18 - Wyoming Based Craft Beer Partner - Final.pdf

RFP # KLW-2022-18 – Wyoming-Based Craft Beer Partner Page 1

UNIVERSITY OF WYOMING

WYOMING-BASED CRAFT BEER PARTNER

Request for Proposal (RFP) # KLW-2022-18

RFP Schedule

RFP Issued to BidNet Tuesday, October 18, 2022 Crafter Questions Due In BidNet Thursday, October 27, 2022 at 2pm MDT Responses to Questions Posted to BidNet Friday, October 28, 2022 RFP Responses Due In BidNet Tuesday, November 8, 2022 at 2pm MDT Crafter Interviews/Tasting (tentative) Friday, December 9, 2022

RFP # KLW-2022-18 – Wyoming-Based Craft Beer Partner Page 2

TABLE OF CONTENTS

PURPOSE OF RFP

BACKGROUND

GENERAL INFORMATION

I UNIVERSITY OVERVIEW

II ADMINISTRATION INFORMATION

III SCOPE OF WORK

IV REFERENCES

V EVALUATION OF PROPOSALS

VI MODEL FORMAT OF PROPOSALS

EXHIBIT A – FORM OF PROPOSAL

EXHIBIT B – PAST ATHLETICS ON-SITE ATTENDANCE ESTIMATES

EXHIBIT C – PAST ATHLETICS ON-SITE BEER AND SELTZER SALES

EXHIBIT D – STATE OF WYOMING MARKS AND DESIGNS

EXHIBIT E – PROPOSED SAMPLE CONTRACT

RFP # KLW-2022-18 – Wyoming-Based Craft Beer Partner Page 3

REQUEST FOR PROPOSAL – RFP # KLW-2022-18

UNIVERSITY OF WYOMING

WYOMING-BASED CRAFT BEER PARTNER

The purpose of this Request for Proposal (RFP) is to solicit proposals for the University of Wyoming and the State of Wyoming to select a Wyoming-based craft beer partner with strong communication, branding, marketing, production, and distribution capabilities.

The proposal is to produce a co-branded craft product to tell the story (the history, pride and tradition) of the Bucking Horse and Rider (BH&R) and the University of Wyoming (UW). This RFP does contemplate both a branded craft beer featuring the BH&R and the state of Wyoming’s red, white and blue design as well as a UW craft beer in a brown and gold design that may feature the BH&R, Pistol Pete, or other UW marks. It is anticipated that State of Wyoming branded craft and the UW craft will be rolled out strategically at different times of the year (i.e., prior to football season for the UW craft and prior to summer tourism and rodeo season for the State of Wyoming craft).

The University shall provide copies of this RFP to Crafters through the electronic solicitation platform www.bidnetdirect.com where registered Crafters are required to submit their electronic RFP response along with the first and last name, telephone number and e-mail address of the employee within their organization who will be designated as the University’s primary contact with respect to this RFP and their response thereto. The University may provide copies of this RFP to other Crafters upon request, who are also requested to provide the first and last name, telephone number and e-mail address of the employee within their organization who will be designated as the University’s primary contact with respect to this RFP and their response thereto.

Questions regarding this RFP must be in writing and be directed to the University via the BidNet platform any time after the issuance of this RFP through and including 2:00 p.m. MDT on Thursday, October 27, 2022. Questions received after the date/time and/or not submitted electronically through the BidNet platform may not be addressed. Each question submitted, as well as the University’s response thereto, shall be provided in a questions and answers document/addendum via www.bidnetdirect.com.

Note: Every question must be submitted individually. Multiple questions per entry may not be answered.

The University will only accept and consider electronically submitted proposals from Crafters, which must be submitted and received in the www.bidnetdirect.com electronic solicitation portal on or before 2:00 p.m. MDT on Tuesday, November 8, 2022, at which time the submission portal will close and no further submissions be allowed or considered. It is the sole responsibility of the Crafters to see that the response to the RFP is submitted through the BidNet portal by the submission deadline. Responses received after this date and time or outside of BidNet will be deemed non-responsive.

Sales Prohibited/Conflict of Interest: No officer, employee, or member of the University, shall have a financial interest in the sale to the University of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the University. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the University is prohibited.

Contact with University personnel regarding this solicitation, other than inquiries to the specific Procurement Agent noted below may be grounds for elimination from the selection process.

http://www.bidnetdirect.com/

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Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature on this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The University reserves the right to reject any and all proposals and to waive any irregularities or informalities.

Sincerely, Kelly L. Wooden Procurement Senior Project Manager

SECTION I

UNIVERSITY OVERVIEW

The University of Wyoming is the only accredited four-year school in a state of just over one-half million people. The University is dedicated to providing quality instruction to students, conducting valuable research programs, and serving Wyoming through a wide variety of educational and cultural programs.

The University has more than 2,800 benefited faculty and staff dedicated to educating about 11,500 students. More than 200 undergraduate, graduate, and professional programs of study are offered through eight colleges: Agriculture and Natural Resources, Arts and Sciences, Business, Education, Engineering and Applied Science, Health Sciences, Honors and Law. The main campus is located in Laramie but extends learning opportunities through a variety of credit and non-credit outreach programs, including the University of Wyoming at Casper and classes offered through Wyoming's seven community colleges.

Additional information regarding the University of Wyoming is available at http://www.uwyo.edu.

SECTION II

ADMINISTRATIVE INFORMATION

A. ISSUING OFFICE: This Request for Proposal (RFP) is issued by the University of Wyoming, Procurement Services.

B. INVITATION TO SUBMIT PROPOSALS: The University of Wyoming is hereby contacting prospective Suppliers whom the University deems potentially qualified to meet its needs.

NOTE: The University of Wyoming, Office of Procurement Services has moved to an online bid system (BidNet) for both distribution and receipt of RFPs. All suppliers must complete the registration process. To register your company, please go to https://www.bidnetdirect.com/register.

C. SCOPE: This RFP contains the instructions governing the proposal and the material to be included herein; mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each proposal.

D. INQUIRIES: Prospective Suppliers may make inquiries within BidNet Direct concerning this RFP to obtain clarification of requirements.

Response to any Supplier's inquiries will be made on BidNet Direct by Procurement Services in a timely manner to all prospective Suppliers. Any oral interpretations or clarifications of this RFP shall not be relied upon.

E. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by the Supplier prior to the established due date and time.

http://www.uwyo.edu/ https://www.bidnetdirect.com/register

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F. PROPOSAL SUBMISSION: Responses should be uploaded to the BidNet Direct website up to but no later than Tuesday, November 8, 2022 at 2:00 PM MDT. Electronic submission to the BidNet Direct website is mandatory. The Form of Proposal MUST be signed in ink or digitally signed with an authenticated certificate by the Supplier or an officer of the Supplier who is legally authorized to bind the Supplier to the proposal. Proposals which are determined to be at a variance with this requirement may not be accepted.

It is the responsibility of the Supplier to ensure that the proposal is uploaded to the BidNet Direct website on or before the proposal submission deadline.

G. ADDENDUM OR SUPPLEMENT TO REQUEST FOR PROPOSAL: In the event that it becomes necessary to revise any part of this RFP, an addendum will be issued on the BidNet Direct website. It is the responsibility of Suppliers, prior to the established due date for responses, to review the website and view addenda issued to ensure their response reflects any and all changes. All addenda shall be acknowledged on the Form of Proposal page and copies of the signed addenda must be included in the Supplier’s proposal.

H. ACCEPTANCE OF RFP TERMS: A proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the signature of the Supplier or an officer of the Supplier legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the Supplier of all terms and conditions including compensation, as set forth herein. A Supplier shall identify clearly and thoroughly any variations between its proposal and the University's RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance.

I. CONFIDENTIAL/PROPRIETARY INFORMATION: Any restrictions on 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 Supplier with the proposal. The Supplier must state specifically what elements of the proposal are to be considered confidential/proprietary.

Confidential/proprietary information must be readily identified, marked, and separately 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/proprietary. Procurement Services will make a written determination as to the apparent validity of any request for confidentiality. The written decision of Procurement Services will be sent to the Supplier as required.

J. RFP RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this RFP becomes the property of the University of Wyoming. Proposals may be reviewed by any person after a contract has been issued, subject to the terms of law. The University of Wyoming has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in Proprietary/Confidential Information. Disqualification of a Supplier, or submission of an unsuccessful proposal, does not eliminate this right.

K. SELECTION OF PROPOSAL: Upon review and approval of the evaluation committee's recommendation for award, Procurement Services will issue a "Letter of Intent to Award" to the apparent successful Supplier and other respondents via the BidNet Direct website. Final award will be issued to the successful Supplier once the contract has been fully negotiated and executed.

L. ACCEPTANCE OF PROPOSAL CONTENT: The contents of the proposal (including persons specified to implement the project) of the successful Supplier will become contractual obligations if acquisition action ensues. Failure of the successful Supplier to accept these obligations in a

RFP # KLW-2022-18 – Wyoming-Based Craft Beer Partner Page 6 contract may result in cancellation of the award and such Supplier may be removed from future solicitations. The award will be made to that Supplier whose proposal, conforming to the RFP, will be the most advantageous to the University of Wyoming. The University does not forfeit its sovereign immunity through the execution of the contract.

M. STANDARD CONTRACT: The University of Wyoming reserves the right to incorporate standard

UW contract provisions and other provisions contained in this RFP into any contract resulting from this RFP, such as, but not limited to the following: http://www.uwyo.edu/procurement/terms-and-conditions/index.html.

The standard contract term is for a period of three (3) years, provided all conditions have been met satisfactorily, and the university and the supplier mutually agree in writing. The University is not bound to the stated standard contract term, and the official term will be set with the signing of the contract.

N. RFP CANCELLATION: The University reserves the right to cancel this RFP at any time, without penalty.

O. INCURRING COSTS: The University of Wyoming is not liable for any cost incurred by Suppliers prior to issuance of a legally executed contract. No property interest, of any nature, shall accrue until a contract is awarded and signed by all concerned parties.

P. MINORITY PARTICIPATION: It is the University's goal to maximize participation of minorities in the procurement process. Accordingly, minority enterprises are to be utilized when possible. By the submission of a proposal the Supplier shall agree to utilize the maximum amount of minority business firms that the Supplier finds to be consistent with the efficient performance of any resulting contract.

Q. EQUAL EMPLOYMENT OPPORTUNITY:

Both parties shall fully adhere to all applicable local, state and federal law, including equal employment opportunity and including but not limited to compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the American with Disabilities Act of 1990. The University is committed to equal opportunity for all persons in all facets of the University’s operations and is an Equal Opportunity/Affirmative Action employer. The University will provide all applicants for admissions, employment and all University employees with equal opportunity without regard to race, gender, religion, color, national origin, disability, age, protected veteran status, sexual orientation, genetic information, gender identity, creed, ancestry, political belief, any other applicable protected category, or participation in any protected activity. The University ensures non-discriminatory practices in all matters relating to its education programs and activities and extends the same non-discriminatory practices to recruiting, hiring, and training, compensation, benefits, promotions, demotions, transfers, and all other terms and conditions of employment.

Contractors are notified that they may be subject to the provisions of 41 CFR Section 60-300.5(a);

41 CFR Section 60-741.5(a); 41 CFR Section 60-1.4(a) and (c); 41 CFR Section 60-1.7(a); 48 CFR Section 52.222-54(d); and 29 CFR Part 471, Appendix A to Subpart A with respect to affirmative action and posting requirements. If applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. If http://www.uwyo.edu/procurement/terms-and-conditions/index.html http://www.uwyo.edu/procurement/terms-and-conditions/index.html

RFP # KLW-2022-18 – Wyoming-Based Craft Beer Partner Page 7 applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR 60- 741.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

R. REJECTION OF PROPOSALS: The University of Wyoming reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received, by the specific solicitation opening time and date, and to accept any portion of a proposal or all items proposed if deemed in the best interest of the University of Wyoming.

S. PARENT COMPANY: If a Supplier is owned or controlled by a parent company, the parent company name, main office address, and parent company's tax identification number shall be provided in the proposal.

T. NEWS RELEASES: News releases pertaining to this solicitation shall NOT be made prior to the full execution of the contract without prior written approval by the University.

U. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

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

a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Supplier 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 Supplier and will not knowingly be disclosed by the Supplier prior to opening, directly or indirectly, to any other Supplier or to any competitor; and

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

2. Each person signing the Form of Bid form of this proposal certifies that:

a. He/She is the person in the Supplier'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 (1 a) through (1 c) above; or

b. He/She is not the person in the Supplier'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 (1 a) through (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 (1 a) through (1 c) above.

3. A proposal will not be considered for award where (1 a), (1 c), or (2) above has been deleted or modified. Where (1 b) above has been deleted or modified, the proposal will not be considered for award unless the Supplier furnishes with the proposal a signed statement which sets forth in

RFP # KLW-2022-18 – Wyoming-Based Craft Beer Partner Page 8 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.

V. CONFLICTS OF INTEREST: The holding of public office or employment is a public trust. A public officer or employee whose conduct departs from his fiduciary duty is liable for his or her actions.

W. TAXES: The University of Wyoming, as purchaser, is exempt from all federal excise taxes and from all State of Wyoming sales tax. A certificate of tax exemption is available upon request.

X. ASSIGNMENT: Neither party to any resulting contract may assign any portion of the agreement without the prior written consent of the other party.

Y. AVAILABILITY OF FUNDS: Financial obligations of the University 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 University.

Z. BID BONDS/SECURITY: Not required for this proposal.

AA. CONTRACTOR'S PERFORMANCE BOND: Not required for this proposal.

BB. INSURANCE: Commercial general liability insurance including property damage, bodily injury, contractual liability, errors and omissions, and products completed operations, with minimum occurrence limits of not less than $1,000,000 and minimum aggregate limits of $2,000,000.

Liquor liability insurance, which may be a standalone policy or contained within the commercial general policy, with minimum occurrence limits of not less than $1,000,000 and minimum aggregate limits of $2,000,000.

Comprehensive automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. Such policy must cover owned, non-owned and hired vehicles, trailers, or semi-trailers designed for travel on public roads.

Workers’ compensation coverage as required by law and employer’s stop gap liability coverage.

Policies other than workers’ compensation and employer’s stop gap liability must name the University, its trustees, officers, and employees as additional insureds. Certificates will be delivered, prior to commencement of the contract, to the University of Wyoming, Director of Claims and Risk - Dept. 4305, 1000 E. University, Laramie, WY 82071-2000.

Workers' Compensation and Employer’s Liability Coverage: The insurer(s) shall agree to waive all rights of subrogation against the University of Wyoming for losses arising from work performed at the University.

All Coverages (i.e., general liability, errors and omissions, automobile liability, workers' compensation and employer’s liability) must include:

1. Cancellation. Each policy shall be endorsed to state the coverage shall not be canceled, suspended, voided, allowed to expire or be reduced in coverage or limits, by either party, except

RFP # KLW-2022-18 – Wyoming-Based Craft Beer Partner Page 9 after thirty (30) days, prior written notice by certified mail, return receipt requested, has been given to the University of Wyoming.

2. Jurisdiction. The insurance shall be construed under the laws of the State of Wyoming. The exclusive forum for the resolution of disputes arising out of such insurance shall be a court of competent jurisdiction of the State of Wyoming.

3. Acceptability of Insurers. Insurance shall be placed with insurers licensed to do business in Wyoming and having an A.M. Best Company rating of no less than AVIII.

Verification of Coverage: Prior to commencement of the Agreement, the University shall be provided with certificates of insurance and original endorsements evidencing required coverage. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received by the University before the contract commences. The University reserves the right to require complete, certified copies of all required insurance policies at any time. If at any time during the term of this contract or any extension thereof, any required policies of insurance should expire, or are canceled, the University of Wyoming must be provided a certificate of insurance indicating renewal or an acceptable replacement of the expiring policy prior the expiration.

CC. INDEMNIFICATION: To the extent authorized by law, the supplier shall indemnify, save and hold harmless the University, 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 supplier or its employees, agents, subcontractors, or assignees pursuant to the terms of the contract resulting from this RFP.

DD. WYOMING STATE PREFERENCE: Pursuant to UW Regulation, preference shall be allowed in the purchase of materials, supplies, equipment, machinery, or provisions provided by bona fide Wyoming residents when such materials, supplies, equipment, machinery or provisions are of quality equal to those offered by an out-of-state supplier. Such preference shall be five percent (5%) and shall apply to materials, supplies, equipment, machinery or provisions produced, manufactured or grown in this state, and to materials, supplies, equipment, and machinery supplied by a Wyoming Resident. (Wyoming Statute 16-6-105) However, preferences shall not be given in violation of any Federal law, rule or regulation. Whenever Federal laws are applicable, Federal laws shall supersede any State laws. Suppliers must have a current Wyoming residency certification on file with the Wyoming Department of Workforce Services at the time of the bid submission in order to qualify for resident preference. Inquiries regarding obtaining a residency certification number should be directed to the Wyoming Department of Workforce Services, Labor Standards Office at (307) 777-7261. The Department of Workforce Services certifies residency and enforces the preference law.

EE. PAYMENT TERMS: The University of Wyoming prefers to provide payment in full Net 45 days after acceptance of goods and services. The University may consider other terms if a substantial discount or benefit is available for doing so, however, all proposed payment methods, terms inclusive of any additional fees, or discounts must be clearly stated within the Supplier’s proposal.

FF. EVALUATION CRITERIA: Responses will be considered from suppliers demonstrating history of successfully providing similar solutions. A resulting contract may be awarded to the supplier who most completely meets the University’s needs and provides the best value to the University.

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GG. TERMINATION PROVISIONS: A resulting contract may be terminated as follows:

1. The University and the supplier, by mutual written agreement, may terminate the contract at any time.

2. The University, in its sole discretion, may terminate the contract for any reason upon 45 days written notice to the supplier. Such termination shall not relieve the supplier of any obligations to provide services during the notification.

3. The University may terminate the contract, in whole or in part, if the supplier fails to perform its obligations under the contract in a timely and proper manner. The University may, by providing written notice of default to the supplier, allow the supplier to cure a failure or breach of contract within a period of ten (10) days (or longer at the University’s discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested or in person with proof of delivery. Allowing the supplier time to cure a failure or breach of contract does not waive the University’s right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the supplier, the University may contract the service from other sources and hold the supplier liable for any excess cost occasioned thereby.

4. The University may terminate the contract immediately for the following reasons:

a. Supplier has made an assignment for the benefit of creditors, has admitted in writing its inability to pay debts as they mature, has ceased operating in the normal course of business, the supplier has voluntarily or involuntarily entered into bankruptcy proceedings, or the supplier is otherwise deemed insolvent

b. A trustee or receiver of the supplier or of any substantial part of the supplier’s assets has been appointed by a court

c. Fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by the supplier, its employees, officers, directors of shareholders

d. Failure to uphold any fiduciary obligation to the University

HH. SUSTAINABILITY PRACTICES: The University strongly encourages the campus community to adhere to sustainable practices. For product categories that have ENERGY STAR rated products available, the university will focus its procurement efforts on products with this rating, consistent with the needs of the University campus community.

II. GOVERNMENTAL CLAIMS: Any actions or claims against the University under this Agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S.

1-39-101 et seq. (1977) as amended.

JJ. INTERPRETATION: The Parties hereto agree that (i) the laws of Wyoming shall govern this

Agreement, and (ii) any questions arising hereunder shall be construed according to such laws,

(iii) this Agreement has been negotiated and executed in the State of Wyoming and is enforceable in the courts of Wyoming.

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KK. SOVEREIGN IMMUNITY: The University does not waive its sovereign immunity or its governmental immunity by entering into this Agreement and fully retains all immunities and defenses provided by law with regard to any action based on this Agreement.

LL. ACCESSIBILITY COMPLIANCE: In regard to technology that will be utilized in regard to this

RFP, please answer the following, where applicable:

1. Describe specifically how your product or services comply with Section 508 standards.

2. If your product it not currently compliant in certain areas, describe your plans and time frame for achieving compliance.

3. Describe your accessibility conformance testing process.

4. If you roll out upgrades after the University purchases the product, how can you assure the University that the upgrades will not interfere with accessibility?

5. Who will pay to remediate any necessary fixes after purchase?

6. Provide a completed Voluntary Product Accessibility Template (VPAT) for your product. If you do not have a VPAT, please provide your accessibility statement on how the product is fully accessible, or compliant, with Section 508. Questions regarding evaluating the accessibility of technology products or services should be directed to the ADA Coordinator, Employment Practices at 307-766-6236.

MM. EXPORT CONTROL: The University, its employees and its agents are subject to and shall comply with U.S. export control laws that prohibit or restrict a) transactions with certain parties, and b) the type and level of technologies and services that may be exported. These laws include, without limitation, the Arms Export Control Act, the Export Administration Act, and the International Economic Emergency Powers Act, and regulations issued pursuant to these, including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). As part of its commitment to compliance with U.S. export controls, UW requires information on the product(s) being purchased to enable the University to determine the applicable export controls. To be considered for this bid award, Bidder must identify the export jurisdiction (ITAR or EAR) and classification of its product, component, or service(s) in the response to this bid request. The suggested format for this information is set out in the table below.

Are any of the products subject to the Export Administration Regulations

(EAR)?

Yes _____ No _____

If YES, indicate the ECCN No. of each product:

Are any of the products subject to the International Traffic in Arms Regulations (ITAR)?

Yes _____ No _____

If YES, indicate the USML Category and Sub – Category of each product:

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NN. LIQUOR LICENSE. All necessary State approved liquor or malt beverage licenses/permits shall be maintained at all times in the furtherance of this agreement.

SECTION III

SCOPE OF WORK

Section 3.1: Introduction

3.1.1 Purpose

The University of Wyoming Trademark Licensing Office (UWTLO) and the State of Wyoming (SOW) are jointly issuing this Request for Proposal (RFP) to select a Wyoming-based craft beer partner with strong communication, branding, marketing, production and distribution capabilities to help design, develop, curate, produce, market and distribute an award-winning and regionally recognizable craft beer.

The proposal is to produce a co-branded craft product to tell the story (the history, pride and tradition) of the Bucking Horse and Rider (BH&R) and the University of Wyoming (UW). This RFP does contemplate both a branded craft beer featuring the BH&R and the SOW’s red, white and blue design as well as a UW craft beer in a brown and gold design that may feature the BH&R, Pistol Pete, or other UW marks. It is anticipated that the branded craft and the UW craft will be rolled out strategically at different times of the year (i.e., prior to football season for the UW craft and prior to summer tourism and rodeo season for the State of Wyoming craft).

3.1.2 History

For over a hundred years, the Bucking Horse and Rider trademark has represented a rich tradition in the State of Wyoming. Use of this image dates back to World War I, when the insignia was used by the Wyoming National Guard as a means of identification on trucks, guns and helmets; a reminder of home and a symbol of the west. In the 20s, the University of Wyoming athletic department placed the Bucking Horse and Rider mark on its athletic uniforms. In 1935, Secretary of State Lester Hunt proposed legislation to make changes to the Wyoming license plate design. The proposed changes were constructed in an effort to combat Wyoming's wide-spread issue of counterfeit license plates. In 1936, Wyoming's uniquely designed license plate containing the Bucking Horse and Rider made its debut and it has been there ever since.

In the early 90s, there was an increased demand for commercial use of the mark. This prompted the SOW and the UW to join together, create legislation and protect the mark to ensure that its ownership is rightfully retained by Wyoming, for the people of Wyoming.

Section 3.2 Schedule and Timeline

3.2.1 Schedule

RFP Issued to BidNet Tuesday, October 18, 2022 Crafter Questions Due In BidNet Thursday, October 27, 2022 at 2pm MDT Responses to Questions Posted to BidNet Friday, October 28, 2022 RFP Responses Due In BidNet Tuesday, November 8, 2022 at 2pm MDT Shortlisted Suppliers Identified Friday, November 18, 2022 Crafter Interviews/Tasting Friday, December 9, 2022

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Contract Negotiation December 2022 BOT Review/Approval January 2023 Craft Brew Finalized and Full Rollout Summer/ Fall 2023

Section 3.3 Mandatory Requirements

Crafter must meet the following mandatory requirements and submit copies of applicable permits and licenses from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the State of Wyoming as attachments to the RFP response:

• Crafter must have an active permit with the Alcohol and Tobacco Tax and Trade Bureau (TTB)

• Crafter must have a valid license and permit issued by the State of Wyoming

• Crafter must produce a minimum of fifty (50) barrels of beer per year

The Committee will verify that Crafter is a microbrewer in good standing with the Wyoming State Liquor Division to ensure compliance with the mandatory requirements. If Crafter does not meet any of the mandatory requirements, Crafter’s response will not be considered for this RFP.

Section 3.4 Venue Access

3.4.1 Venue Access

Crafter will have the opportunity to access and sell product in-venue through a partnership with Wyoming Sports Properties (WSP). Crafter will not be allowed to have any signage or marketing presence in-venue due to the exclusive nature of WSP’s current partnership with Anheuser-Busch. Any marketing will need to be negotiated and evaluated between Crafter and WSP.

Section 3.5 Crafter Response

3.5.1 Business Proposal

The Proposal shall present a full and complete description of your qualifications and approach to carry out the work specified and to meet the relevant conditions specified in this RFP. The Business Proposal will include the following sections:

3.5.1.1 Company Overview

In this document Crafter shall provide information about your company; its capabilities, why it should be selected for this project; evidence of company stability, ability to perform required work for this project, number of years in business, number of employees, and company locations.

You may provide any additional information that demonstrates the strengths your company can bring to this project.

Company shall indicate the form of organization and be able to certify that company has a Certificate of Good Standing or Certificate of Existence to do business in Wyoming. If the proposing company is owned or controlled by a parent company, please provide the name and main office address.

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3.5.1.2 Company Financial Status

Crafters shall provide company financial information. If the company is publicly traded, include a financial statement for the last two years, which includes at a minimum, a profit and loss statement and a balance sheet. If the company is not publicly held, submit a copy of the most recently audited financial statement and organization/financial structure of your company.

3.5.1.3 Style of Beer

Crafter shall describe in detail the proposed style of beer for this project, including but not limited to proposed alcohol by volume (ABV), overall drinkability, and timeline from development of recipe to production, rollout and delivery to market. Crafter shall also indicate whether this will be a completely new beer in their line or if Crafter anticipates repurposing an existing beer.

3.5.1.4 Distribution and Sales Plan

Crafter shall describe what distribution plan will be implemented to deliver the co-branded craft product. If another organization will be utilized to assist with distribution, this information should be included as part of the distribution plan.

List the following by volume (specify barrels or cases):

● Annual sales in Wyoming broken out county by county in 2022 YTD, 2021, 2020, 2019.

● Annual sales out of state broken out by city, county or market (e.g., Denver market) in

2022 YTD, 2021, 2020 and 2019.

● Provide an estimate of annual sales volume for a Wyoming Branded craft beer in Year 1, Year 2 and Year 3. Please include estimated in-venue sales (Football and Basketball (men’s and women’s)) in the total sales volume projection and also break out the estimated in-venue sales as a separate line item.

3.5.1.5 Production Facilities, Capabilities and Production Capacity

Crafter shall list and describe existing production facilities, locations, total production capacity by barrel, current annual production volume by barrel and any planned facility expansions in the next five (5) years.

3.5.1.6 Primary Packaging – Retail, Commercial and In-Venue (War Memorial, IPF Football Pregame Zone & Arena Auditorium)

Crafter shall describe proposed primary packaging for retail sales (i.e., can, bottle, or both and volume/size options in ounces), restaurant and bar sales (i.e., can, bottle, or both, kegs & tap handles, and volume/size options in ounces), and potential in-venue sales (i.e., can, kegs & tap handles, branded cups, and volume/size options in ounces).

3.5.1.7 Brand Integration Strategy

Crafter shall describe in detail the marketing and branding strategy that Crafter will utilize in order to integrate Crafter’s brand with the State of Wyoming and the University of Wyoming brand and marketing strategy. Crafter shall include and describe any other co-branded projects or collaborations that would demonstrate an ability to integrate Crafter’s brand and strategy with another brand.

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3.5.1.8 Community/Business Engagement

Crafter shall include a proposed plan or conceptual framework to potentially involve students, faculty or programs at the University of Wyoming. Crafter is encouraged to include any proposed programming related to under-age drinking and consumer alcohol awareness messaging and educational campaigns. Crafter should also describe plans to work with Wyoming businesses in terms of sourcing of ingredients, marketing services, canning, or in any other fashion.

3.5.1.9 Sample Artwork, Design Concepts & Promotional Products

Crafter shall submit at least (1) State of Wyoming design concept and at least (1) University of Wyoming design concept utilizing the Bucking Horse & Rider mark or an artistic rendering of it for the State of Wyoming craft and the BH&R and/or other University of Wyoming marks with respect to the UW craft as part of this RFP. All conceptual designs and artwork will remain the work product of the Crafter in the event Crafter is not selected as the craft partner under this RFP.

Please refer to Exhibit D to understand the distinction between state and university trademarks, branding, and design elements. In addition, state and university colors should also be considered and utilized in design concepts. For example, red, white and blue are possible color combinations for a State of Wyoming design and brown and gold for a University of Wyoming design (use of other state and university design elements and other colors will be considered as well).

Crafter shall note that the Bucking Horse and Rider can be utilized in both the state and university conceptual designs and artistic interpretations of all marks will be considered. Please include a brief description of plans and design concepts as it relates to complimentary branded apparel or other promotional products, potential licensee partners to consider, and distribution and sale channels to be utilized with respect to apparel and promotional products.

3.5.1.10 Awards – Quality of Beer

Crafter shall list any brew-fest recognition or awards received in the past ten (10) years, along with the name of the beer, a description of the beer/category, the name and location of the brew-fest or event, and the year in which the award was received. Crafter can also provide any other pertinent information that provides an indication as to the quality of Crafter’s product.

3.5.1.11 Proposed Project Schedule

The Crafter awarded this RFP will need to begin the effort shortly after contract execution.

Crafter shall propose a detailed proposed project schedule, from the time of contract execution to full roll out in Summer/Fall of 2023.

If subcontractors will be used under this procurement, provide details on each subcontractor and the parts of the project in which they will be involved. Describe your process for selection and management of subcontractors, including how subcontractors are evaluated on an ongoing basis.

Describe what information subcontractors will be allowed to access and how you will monitor their activities.

The proposed project schedule shall provide a roadmap of tasks, resources, and timing necessary to complete the work. The proposed project schedule shall include, but not be limited to, the following:

1) Tasks with scheduled start and completion dates;

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2) Key milestones;

3) Personnel assignments and estimated duration for each task. Time must be listed for:

a. Your personnel; and

b. Required WYSOS or UW personnel (please define needed skill types or business area);

The proposed project schedule shall be able to be printed and be easily readable and should provide for appropriate time for contract negotiations;

3.5.1.12 In-Person Presentations and Tasting

After the review and evaluation of proposals, the Evaluation Committee anticipates shortlisting a group of finalists for an in-person interview, presentation and tasting in Laramie, WY on anticipated for Friday, December 9, 2022. The finalists will be expected to provide a final presentation that shall encompass at minimum the elements outlined in Section III, Scope of Work.

At the conclusion of the presentation and following a time allotted for Q&A, the finalists shall host a tasting that will feature craft beer styles that the Crafter would recommend for this particular engagement. Given the nature of the craft beer business and the timeline of this RFP, Crafter will not be required to present a new beer for tasting at this time. In the event that Crafter is able to produce a proposed new beer in small batch form for the tasting, Crafter is encouraged to include the proposed new beer in the tasting component. The tasting is intended to indicate the Crafter’s ability to produce a highly drinkable, quality craft brew and is not intended as the actual selection of the particular beer or style for this engagement. The Committee reserves the right to include individuals outside the Committee in the tasting component to gather a wider breadth of opinion on the quality of the Crafter’s products.

The Evaluation Committee reserves the right to request a secondary tasting of the proposed new beer from one or more crafters, prior to final selection.

3.5.1.13 Proposed Royalty Structure

The selected craft partner will be partnering to develop, distribute and sell a licensed product and that the sale of the licensed craft beer will be royalty bearing. Crafter shall provide a proposed royalty structure which may include information about percentage of sales, flat fees, tiered royalties based on volume, etc. as well as when and how the royalty will be triggered based on the proposed project schedule (Section 5.1.11 above).

3.5.2 Proposed Contract Template Exceptions/Concerns

Exhibit E is the Proposed Contract Template which will be used during contract negotiations. Crafters are shall provide a document containing any exceptions or concerns identified within the template. It should be noted that:

● Terms and conditions of the contract will be negotiated between the successful Crafter, UW and SOW.

● The Crafter provided document containing exceptions and/or concerns is not an item to be scored but is required.

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3.5.3 Business Proposal Response Section Numbering

The Business Proposal shall include information and details pertaining to the sections identified below and shall be number in the exact number and naming configuration shown below. Crafters may use sub-numbering within the section numbers as desired.

Section Number Section Title

Transmittal Letter 1 Company Overview 2 Company Financial Status 3 Style of Beer 4 Distribution and Sales Plan 5 Production Facilities, Capabilities and Production Capacity 6 Primary Packaging – Retail, Commercial and In-Venue 7 Brand Integration Strategy 8 Community/Business Engagement 9 Sample Artwork, Design Concepts and Promotional Products

10 Awards - Quality of Beer 11 Proposed Project Schedule 12 Proposed Royalty Structure

Section 3.6. Value Added/Additional Services (Option)

The University is interested in maximizing professional services contracts as they relate to achieving additional value that would further benefit the University and its operations. As such, Crafters are encouraged to consider, develop, and propose value-added concepts, programs, components and the like that would further enhance the request represented in this RFP.

3.6.1 If available, describe any value added/additional services/functionality that the Crafter suggests for the University for this solution.

3.6.2 Describe any other designations, certifications, or licenses that the Crafter possesses that are related to this implementation and ongoing solution.

3.6.3 Describe any solutions to issues that the Crafter believes the University will encounter with this program.

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SECTION IV

REFERENCES

Support relevant experience by providing three (3) business references. References shall include the length of time the company provided service to the institution, phone number and email address of main contact. The University reserves the right to contact any reference, whether provided by the Crafter or obtained by the University in connection with evaluation of this RFP.

1. Company Name

Address

Contact Person

Telephone

Email

Describe length of time and services performed

2. Company Name

3. Company Name

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SECTION V

EVALUATION OF PROPOSALS

The University intends to award the contract to one (1) Crafter for the requested solution indicated in this solicitation and deemed in the best interest of the University. Those proposals that are clearly non-responsive to the stated requirements may be eliminated prior to evaluation.

5.1 OVERVIEW:

5.1.1 Evaluation committee: The Committee will conduct a comprehensive, fair, objective, and impartial evaluation of proposals received in response to this Request for Proposal.

Proposals will be evaluated independently by the evaluation committee members.

5.2 COMPLIANCE WITH MANDATORY REQUIREMENTS:

5.2.1 To be considered responsive, a submitted proposal must meet the mandatory requirements defined in this RFP. The mandatory requirements are intended to ensure that evaluation of the Crafter proposal can proceed and that the Crafter agrees to perform all responsibilities within the RFP.

5.3 FINAL RANKING OF PROPOSALS:

5.3.1 The University of Wyoming will provide oversight authority during the evaluation process.

The University of Wyoming reserves the right to reject any or all proposals, to waive any informality or technical defect in the proposals, or to award the contract in whole or in part, if deemed in the best interest of the University to do so.

5.4 RIGHT OF OWNERSHIP AND MARKETING OF INTELLECTUAL PROPERTY AND

INTELLECTUAL ASSETS SUBMITTED FOR THE RFP:

5.4.1 It is acknowledged and agreed that the only party with a right to market, trademark, patent, copyright, or any like right to any intellectual property and intellectual assets submitted in relation to the Request for Proposal shall be and is solely vested in the University. This includes all intellectual property and intellectual assets related to both the written proposal and the oral presentation and any and all documents, pitches, products, media pitches, web screens, layouts, etc.