RFP R25-009- Vending Services and Pouring Rights-Final.pdf

Nassau Community College

Request for Proposal - R25-009

Vending Services and Pouring Rights

REQUEST FOR PROPOSALS (RFP)

FOR

VENDING SERVICES AND POURING RIGHTS

NASSAU COMMUNITY COLLEGE

ONE EDUCATION DRIVE

GARDEN CITY, NY 11530

PROPOSAL DUE DATE – APRIL 15, 2025 NO LATER THAN 12:00 PM

FOR ADDITIONAL INFORMATION, CONTACT:

YVONNE SLOMA

TECHNICAL COORDINATOR

YVONNE.SLOMA@NCC.EDU

RFP NUMBER: R25-009

SECTION 1

ADMINISTRATIVE INFORMATION

1. INTRODUCTION:

Nassau Community College (College) invites proposals from qualified companies

(Proposer or Contractor) to provide the following services:

a. Vending Services: provide reliable, clean and well-maintained vending service for students, employees and visitors.

b. Pouring Rights: exclusive sale, distribution, and merchandising of all carbonated and non-carbonated non-alcoholic beverages, including soda and bottled or canned beverages, flavored and unflavored packaged waters, canned or bottled fruit juices, fruit juice-containing drinks and fruit-flavored drinks, tea products and post mix and premix canisters. There are no categories other than alcohol that are intentionally excluded.

Proposers may submit proposals for vending only, pouring rights only or a single proposal for both services. Based on the responses, the College may award one contract for both vending and pouring rights, or two separate contracts, one for each service.

The College is interested in collaborative and innovative strategies and a program that supports and advances College’s initiatives. The College will select a firm(s) who is willing to offer the best partnership and overall value for the institution, and demonstrates a commitment to provide exceptional service and high-quality products at reasonable prices.

The contract(s) will be awarded with a term of five (5) years, with an option to renew for an additional five (5) years. The terms of the option period shall be as mutually agreed by both parties.

2. BACKGROUND INFORMATION:

Nassau Community College, a constituent member of the State University of New York system, is a comprehensive, full-opportunity public institution of higher education. The

College serves a diverse student body of 17,000.

The College is dedicated to high-quality academics and student support services at an affordable tuition to meet the needs and interests of the Counties (primarily Nassau County) communities it serves. It is committed to and equity-minded approach to advancing student access, completion and post completion success. To this end, Nassau Community College offers Associate in Arts, Associate in Science, and Associate in Applied Science degrees, as well as Certificate and continuing education programs.

Currently, the College does not have a pouring rights agreement, and vending services are being provided by Canteen Vending.

The College currently holds contracts that will be impacted by pouring rights with the following firms:

a. Genuine Foods provides food and catering services. Genuine Foods operates a licensed Starbucks which shall be exempt from the Pouring Rights agreement.

b. Follett Higher Education Group operates the College’s bookstore.

Both firms have been advised of the College’s intent to enter into a pouring rights agreement.

Information regarding vending operations and cafeteria and vending sales can be found under the following Exhibits:

a. Exhibit A: Vending machines and locations.

b. Exhibit B: Vending and Smart Market sales for the following periods:

• 8/30/22 to 8/29/23

• 8/30/23 to 8/29/24

• 8/30/24 to 3/4/25

c. Exhibit C: Description of food services locations and beverage sales for 8/30/24 to 3/9/25. Please note that this is the only data that the College can provide for cafeteria sales.

3. COORDINATING DEPARTMENT:

The College’s Procurement Office (contact listed below) is responsible for coordinating the issuance of the RFP. The contact for this RFP is:

Contact: Yvonne Sloma

Technical Coordinator, Procurement Office

One Education Drive

Garden City, NY 11530

Yvonne.Sloma@ncc.edu

All communications during the RFP process shall be directed to the Procurement Office.

Communication with any other College employee or any incumbent company for the good or services being procured pursuant to this RFP may be cause for disqualification form the RFP process.

The College shall not be responsible for any oral instructions made by any employees or officers of the College regarding this RFP. Any changes to the RFP instructions, requirements, or scope of services shall be in the form of a written amendment, which will be furnished to all Proposers who are listed with the College as having received the

Solicitation, and to any other Proposer who requests any of the RFP documents.

4. RFP DEADLINES:

a. Administrative Questions shall be submitted via email to the Contact identified in Paragraph 3. Coordinating Department above. The deadline for submission of

Technical Questions is March 31, 2025 at 12:00 PM. The College will develop responses to the technical questions. Responses will be issued by the College in the form of an Addendum to this RFP.

b. Proposers’ Conference: March 28, 2025 at 10:00 AM in the CCB Building, Room 251.

c. Proposal Due Date is April 15, 2025 no later than 12:00 PM.

d. Effective Period of Offer: This offer shall remain in effect for a period of ninety

(90) calendar days from the RFP submission date and is irrevocable.

5. SELECTION PROCESS:

The College will evaluate the proposals through a point rating system, set forth below in

Paragraph 6. The College may invite Proposers to make presentations to the Evaluation

Committee to demonstrate their qualifications and approach to the project. The final selection will represent the best interest of the College.

6. AWARD CRITERIA:

Proposals will be evaluated and ranked based on the award criteria below which is further described in Section 2. Award Criteria:

Criteria Points

Qualifications, Experience and References 20

Proposed Approach and Methodology 40

Financial Proposal 35

M/WBE Participation 5

7. PROPOSAL SUBMISSION:

a. Number of Copies:

Proposals are accepted electronically. Electronic proposals shall be emailed before the RFP Due Date and Time to the following email address:

Procurement@NCC.edu. When submitting the proposal, please send a separate email to the RFP contact identified in Paragraph 3 above to advise that the proposal has been submitted. If the proposal is being sent electronically via email, paper documents will not be required. Alternatively, Proposers can submit paper proposals. In this case, the College requires one (1) original (Clearly Labeled), plus five (5) copies, of the entire Proposal in a properly labeled and sealed envelope. In addition, the College requires a thumb drive that includes electronic copies of all the documents submitted in the Proposal. Faxed proposals will not be considered.

mailto:Procurement@NCC.edu

b. Proposal Format:

Proposals shall include the information requested below and, in the order listed.

Each section and sub-section must be separated by a cover page that are clearly identifies/labels each section. In addition, pages shall be numbered. Proposal shall be signed by an employee of the firm who is authorized to sign the Proposal.

Proposal shall include the necessary information needed to establish the Proposer’s background, expertise, and qualifications to provide the services as set forth in the

Scope of Services. Services and cost proposals shall reflect and include the necessary level of effort required to complete all the services outlined in the RFP. It is recommended that Proposer limit its proposal to twenty-five (25) pages, excluding resumes and forms. In case of error in the extension of prices in the cost proposal, the unit price will govern. Periods of time, stated as a number of days, shall be calendar days.

i. Table of Contents: A Proposal Checklist has been provided at the end of this Section One – Administrative Information, to assist with the assembly and ensure completeness of the proposal package. This Proposal Checklist must be included as the first item of the Proposal and used as the only Table of Contents.

ii. Introductory Statement on Company Letterhead: Signed by a corporate office or an authorized agent of the firm.

iii. Technical Proposal:

• Qualifications, Experience and References

• Proposed Approach and Methodology

• Cost Proposal

• MWBE

iv. Proposer Certification and Qualification Statement

v. Acknowledgement of Addenda

vi. Comments or proposed changes to the Terms and Conditions or Form of

Contract: A lack of comments will be considered full acceptance of the contract terms on the part of the firm. Proposer should identify any terms and conditions not set forth in the Model Agreement.

Note: Failure to submit any of the required documents may deem the Proposer non-responsive.

8. RFP TERMS AND CONDITIONS:

a. The RFP document and all relevant documentation, including addenda, can be accessed by visiting the College’s website at https://www.ncc.edu/aboutncc/ourpeople/administration/procurement/aspx/Default.a spx.

https://www.ncc.edu/aboutncc/ourpeople/administration/procurement/aspx/Default.aspx https://www.ncc.edu/aboutncc/ourpeople/administration/procurement/aspx/Default.aspx

b. It is the College’s intent to select the Consultant that provides the best solution for the College’s needs.

c. Reference is made to the Form of Contract attached for the terms and conditions of the agreement to be entered into, including indemnification and insurance. The

Form of Contract is subject to revision arising out of the terms and conditions imposed by law or deemed appropriate by the College.

d. The RFP and the Consultant’s response to this RFP, as may subsequently be modified in negotiations with the College, may be included as exhibits in any contracts that the College may execute with the Consultant.

e. The College reserves the right to amend this RFP, to reject any or all of the proposals or any part thereof, submitted in response to this RFP, and reserves the right to waive informalities, if such action is deemed to be in the best interest of the College. The College reserves the right to request additional information from any Proposer. The submission of a proposal gives permission to the College and to its consultants to make inquiries concerning the Contractor and its principals, officers and directors to any persons or firms the College deems appropriate.

f. The College reserves the right to award negotiated contracts to one or more

Consultants.

g. This RFP is not intended and shall not be construed to commit the College to pay any costs incurred in connection with any proposal or to procure or contract for any services.

h. The decision to award a contract shall be based on Proposer’s ability to provide quality services and products and to comply with all applicable laws, rules and regulations. The Proposer’s products, services and facilities shall be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, and ordinances regardless of whether or not reference is made to same in this RFP.

i. Prior Proposer performance in regard to product, service, or representation of/from the Proposer may be used in evaluation of this offer. Unsatisfactory performance to the County of Nassau may be considered sufficient grounds for rejection of this offer. No offer will be awarded to any Proposer that is in default on any contract with the County of Nassau.

j. The award of any contract will be made as judged to be in the best interest of the

College. The final selection of the Consultant will be made by the College

Evaluation Committee.

k. Each Proposal will be examined to determine whether it is responsive to the requirements of this RFP. All responsive proposals will be evaluated in accordance with the criteria set forth herein.

l. While the College is under no obligation to contact Proposers for clarification, it reserves the right to do so. Depending on the number and quality of the proposals submitted, the College may elect to interview all or some of the Proposers during the selection process and to request presentations, including demonstrations of products and services. The College’s Procurement Office will be responsible for scheduling presentations with the selected Proposers.

m. It is agreed that the Proposer shall be fully responsible for making any correction, replacement, or modification necessary for specification or legal compliance.

n. Any agreement entered into is subject to the provisions of Article 18 of the General

Municipal Law and the State of New York, as amended, and section 22-4.2 of the

Administrative Code of Nassau County and the provisions of the Anti-Discrimination

Order of Nassau County.

o. It is expressly understood that the College shall not be construed or be held to be a partner, agent or associated by joint venture or otherwise of contractor in the conduct of its business.

p. The Contractor is an independent contractor of the College or County. The

Contractor shall not, nor shall any officer, director, employee, servant, agent or independent contractor of the Contractor (a “Contractor Agent”), be (i) deemed a

College or County employee, (ii) commit the College or County to any obligation, or

(iii) hold itself, himself, or herself out as a College or County employee or Person with the authority to commit the College or County to any obligation. As used in any

Agreement awarded as a result of this RFP, the word “Person” means any individual person, entity (including partnerships, corporations and limited liability companies), and government or political subdivision thereof (including agencies, bureaus, offices and departments thereof).

q. Any and all contracts created as a result of this RFP shall be governed by the laws of

New York State.

r. Contractor warrants that it is not in arrears to Nassau Community College or the

County of Nassau upon debt or Contract and is not a defaulter as surety, Contractor or otherwise upon any obligation to Nassau Community College or the County of

Nassau.

s. The attached contract, a generic sample of which is attached to and made part of this

RFP (see Attachment “A”, Form of Contract) will represent the total agreement between the College and Contractor. Any exceptions to this agreement must be clearly noted. All terms and conditions included in the “Form of Contract” (see

Attachment A) shall also be considered a part of this Request for Proposal.

t. Failure or delay by the College to exercise any right, power, or privilege shall not be deemed a waiver thereof.

u. If a Proposer has any contract documents for the College to sign in order to contract with the College, then Proposer must note same on the proposal return and supply copies of the documents with proposal response so that the College can review same and determine whether the College can accept and sign them. The College will not view any Proposer’s contracts that are presented after the Request for Proposal opening date and time.

v. The College is not committed to assigning any services to the Consultant, and reserves the right to engage the services of other Consultants, if the College feels the circumstances require such action. The College does not guarantee nor will it be obligated under the ensuing contract to spend any amount of money.

w. If payment terms are not indicated, terms of NET 30 days shall be applied by the

College. Payment terms to apply after receipt of invoice or final acceptance of the products/services, whichever is later. The payment terms will be considered in the price evaluation of offers. Payment terms offering less than 20 days for payment will not be considered in the price evaluation of offers.

x. The Contractor and the College recognize that the continuation of any contract after the close of any given fiscal year of the College; which fiscal year ends on August 31, shall be subject to the approval of the budget of the Nassau Community College providing the contract item is an expenditure therein. The College does not guarantee that the budget item will be actually adopted, as it is the determination of the County of Nassau at the time of the adoption of the budget.

y. In case of default by the contractor, the College may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the bid bond; or (3) a combination of the aforementioned remedies or other remedies as provided by law.

z. All materials and documentation developed under this agreement shall be the exclusive property of the College. Should the selected contractor default at any time during the agreement term, all materials and documentation developed under this agreement shall be returned to the College.

aa. The New York State Freedom of Information Law (Public Officers Law Article 6) provides for public access to College records. Public Officers Law § 87(2)(d) provides for exceptions to disclosure for records or portions thereof that are “trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.”

Information that the proposer wishes to have treated as proprietary and confidential trade information should be identified and labeled “Confidential” or “Proprietary” on each page at the time of submittal. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excepted.

bb. The Contract executed as a result of this RFP may be extended to additional States or

Government Jurisdictions upon mutual written agreement between the College and the Consultant. Political Subdivisions and other authorized entities within each participating State or Government Jurisdictions may also participate in this Contract if authorized by applicable law. The College reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.

Consultant agrees to honor all orders from State Agencies, Political Subdivisions and others authorized by law to participate in this Contract which are in compliance with the pricing, terms, and conditions contained herein.

cc. PROPOSER’S SEXUAL HARASSMENT POLICY: By submission of a proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal submission each party thereto certifies as to its own organization, under penalty of perjury, that the proposer(s) has/have implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.

dd. COLLEGE SEXUAL HARASSMENT POLICY: Proposers are advised that the

College’s Sexual Harassment Policy can be accessed using the following link:

https://www.ncc.edu/aboutncc/ourpeople/board_of_trustees/pdfs/Policy_2200_Sexual_Harassment_ and_Sexual_Violence.pdf

ee. DEFINITIONS:

• The term, “County”, as used herein, shall be deemed as reference to the County of Nassau, State of New York.

• The term, “Contractor”, as used herein, shall be deemed as reference to the successful Proposer, Vendor, Proprietor, Partnership or Corporation receiving an award to perform any or all of the services specified in accordance with the terms of this agreement.

• The term, “College”, as used herein, shall be deemed as reference to Nassau

Community College.

• The term, “Director”, as used herein, shall be deemed as reference to the Director of Procurement.

https://www.ncc.edu/aboutncc/ourpeople/board_of_trustees/pdfs/Policy_2200_Sexual_Harassment_and_Sexual_Violence.pdf https://www.ncc.edu/aboutncc/ourpeople/board_of_trustees/pdfs/Policy_2200_Sexual_Harassment_and_Sexual_Violence.pdf

TABLE OF CONTENTS

Note: This form MUST be included in your proposal as the Table of Contents and

PROPOSAL MUST BE SUBMITTED IN THE ORDER LISTED BELOW

Please check if

TAB ITEM Included or N/A

1. Table of Contents

2. Introductory Statement

3. Technical Proposal

A. Qualifications, Experience and References of Firm and Proposed Team

B. Proposed Approach and Methodology

C. Cost Proposal

D. M/WBE Participation

4. Proposer Certification and Qualification Statement

(Exhibit 1)

5. Acknowledgement of Addenda

6. Comments Regarding RFP Terms and Conditions or Form of Contract

7. Supplemental Information (Optional)

8. Appendix L – Certificate of Compliance

SECTION 2

AWARD CRITERIA

Responses to the items set forth under each of the categories below, will be used by the College’s Evaluation

Committee to assess the appropriateness and relevance of the information provided in the proposals and make a recommendation for award. Failure to include information as requested under any of the sub-sections in the Proposal may result in the firm being disqualified. The responses to each of the categories must be separated by clearly labeled tabs into the sections and sub-sections identified below, and reflected in the Table of Contents (form provided in Section One) of the Proposal submitted.

I. Technical Proposal:

Section A – Qualifications, Experience and References of Firm and Proposed Team

a. General Information/Company History

i. Company Name, e-mail, main address and all branch office addresses.

ii. Describe the nature of your organization (e.g. corporation, not-for-profit organization, sole proprietorship, etc.). If applicable, identify all principals and the ownership interest of each.

iii. Year Company was founded and brief history.

iv. Total number of employees. Include an organization chart, as relevant.

v. Location(s) from which majority of the staff will be providing services.

vi. The general and specific specialties/expertise and overall resources.

b. Expertise of Proposer and all Sub-consultants, including Qualifications and Experience of Personnel

i. Experience: Provide general background information explaining why the firm is well suited to perform the requirements of this RFP, and how the qualifications of the firm relate to the scope of services described in this RFP. Provide a brief history and description of the firm’s experience in the public sector, particularly for governmental entities, colleges or universities, especially at community colleges. Proposer must demonstrate experience in higher education in organizations similar in size to Nassau

Community College.

ii. References: Proposer must submit a list of at least three (3) representative clients, including any other public and/or educational institutions, along with a description of the type of work performed for each client and the name of a contact person at the client who can evaluate the firm’s work. For each engagement, include:

1) A detailed description of the scope;

2) Client/company name;

3) Name, title, and role of reference;

4) Client/Company address, phone number, and email address.

The College reserves the right to contact any client listed. Proposers should check the references they submit to ensure that each reference and the associated contact information is current

iii. Staff Qualifications/Resumes: Describe the specific qualifications and background of your staff as they relate to these services. Qualifications should include but not be limited to prior relevant experience.

The information submitted must include:

o Identify your firm’s management team, including the title and role of the staff who will be assigned to the College’s account.

o Describe the experience and qualifications of your firm’s management team and the team/account representative that will be assigned to the College’s account.

o The College shall be notified of any changes to the team members identified in the proposal in a timely manner.

Section B – Proposed Approach and Methodology

Convey your understanding of the service requirements and demonstrate a thorough recognition of the services and potential problems to be addressed. This includes, but is not limited to, the following:

a. Vending:

i. Identify the products that will be offered, including healthy options that will be available. Provide brand names, product size and price. Provide criteria used in defining your health alternatives. For example, snacks meeting the FDA criteria of “low sodium”.

ii. Explain how you ensure that all products meet quality and freshness standards and the process to rotate stock to avoid expired products.

iii. Describe machines being provided to the College’s account, including the energy consumption and energy efficiency features. Provide pictures of all machines that will be deployed to the College.

iv. Clearly outline your process for refunds.

v. Explain how you track inventory in the machines, and provide the schedule for filling the machines. Explain how you ensure that product is available at all times.

vi. Explain how you will meet the requirements of SUNY Policy 5201 –

Elimination of Single Use Plastics and Preference for Durable and Reusable

Alternatives

vii. Provide detailed information regarding the servicing of equipment as well as the approach and response times for repair to ensure minimal impact to operations.

viii. Provide detailed information regarding the Point-of-Sale (POS) system being used to track sales and inventory. A POS system is a requirement of this RFP.

Proposals from firms that do not offer a POS system will not be considered.

Described the reports that will be available to the College, how the information will be shared and provide a copy of the report(s) that will be provided with the invoice.

b. Pouring Rights:

i. Identify the products that will be offered with the associated pricing.

ii. Identify the healthy options that will be available, including brand names, product size and price. Provide criteria used in defining your health alternatives.

iii. Identify equipment, if any, that will be provided in support of the Cafeteria, Bookstore or Vending operations.

c. Describe the level of continual two-way communication you will maintain with

College administrators.

d. Discuss any specific or special qualifications.

e. Describe any anticipated issues that your firm may encounter when performing the services required under this RFP and identify proposed solutions.

Section C – Cost Proposal:

a. Provide pricing for all products that will be offered.

b. Identify commissions payable to the College.

c. Identify any other type of support that will be offered to the College. For instance, any type of support to the Athletics Department, scholarships, or any other type of support outside of the commissions.

Section D – M/WBE Participation:

The College strongly encourages the use of M/WBE firms for participation as prime consultants, joint-venture partners, and sub-consultants for all College contracting opportunities. The College accepts M/WBE certifications from the County and the Empire State Development.

Please note that it is at the sole discretion and judgment of the Proposer to determine whether its proposed

M/WBE firm(s) has/have the necessary qualifications and experience for the type of services and work to potentially be assigned. All proposers may select M/WBE sub-consultants or joint venture with an M/WBE firm to receive a maximum of five (5) M/WBE participation points.

To promote full participation by Minority-Owned/Women-Owned Business Enterprises (M/WBE) in the

College’s contracting opportunities for professional service contracts, the College will evaluate proposals to determine the level of meaningful participation by M/WBE firms. M/WBE firms may participate as prime consultants, sub-consultants or as joint venture partners. The level of participation will apply to all firms submitting proposals and will be evaluated by the Selection Committee.

In order to receive evaluation credit for M/WBE participants, the proposed M/WBE firm(s) must be certified at the time of proposals submission to the College. The proposal must identify the specific certified M/WBE firm or firms upon which evaluation credit is sought, and shall indicate the extent and nature of the

M/WBE’s work and include the percentage of the total engagement that will be performed by the M/WBE firm in connection with the proposal. M/WBE participation in auxiliary services (e.g., graphics, printing and other services) is acceptable, but will only be given evaluation credit if it augments the primary service of this RFP.

Proposers must provide the M/WBE’s current proof of certification as a minority-owned, or women-owned, business enterprise, at the time of submittal.

SUPPLEMENTAL INFORMATION

(not a weighted criterion)

This section should include any additional information relevant to but not included in the previous sections, at the Proposer’s option.

SECTION 3

SCOPE OF SERVICES

I. VENDING SERVICES

The Contractor will have the exclusive right and obligation to supply, install, connect to College utilities, operate, repair and maintain all their vending machines for hot and cold food, non-alcoholic beverages, and snacks on the Campus/Buildings which comprise Nassau Community

College. Contractor will provide the College with equipment, services, commissions and pricing guarantees, in accordance with the Scope of Services, Contractor’s RFP response and/or as negotiated prior to contract execution.

Contractor shall comply with SUNY Policy and Procedure 5200 – Elimination of Single Use

Plastics and Preference for Durable and Reusable Alternatives. The Policy is available under this link: https://www.suny.edu/sunypp/documents.cfm?doc_id=925#Policy; the Procedures are available under this link: https://www.suny.edu/sunypp/documents.cfm?doc_id=925#procedures

; and the process is available under this link:

https://www.suny.edu/sunypp/documents.cfm?doc_id=923&CFID=392013&CFTOKEN=a61b4 e1a25a19bdb-D1B982AE-F877-0E95-58809F7DA5BDDCC2 . The process document outlines the various deadlines for the elimination of specific plastics based on their use.

1. Equipment:

a. All vending machines shall be Energy Star equivalent and be in excellent condition. The

College reserves the right to inspect the machines and request replacement for any machine that is considered to be in poor condition. All machines shall be Smart Vending Machines with sales reporting capability, and shall be compliant with local safety standards and regulations.

b. All snack/food beverage vending machines must be equipped to accept credit card payments as well as paper money in $1.00, $5.00 and $10.00 denominations as well as coins and to provide the correct change. All machines shall be equipped with card readers that utilize a wireless network provided by the Contractor. The College will not provide the Contractor with access to the College’s network, nor will it provide any type of IT support. It is the

Contractor’s responsibility to ensure the wireless network and the equipment are fully operational.

c. The vending machines furnished under a contract for this work are to be placed in the same locations where they have been placed in the past. This includes the Smart Market located in the G Building. No substitution is acceptable. In addition, the College is interested in adding additional machines in the CCB Building as well as the H Building, and will discuss a plan for this increase in vending machines with the selected Contractor. The list of vending machines is provided in Exhibit A.

d. Additional Machines: If during the term of the contract the College or Contractor requests placement of additional machine(s) over and above the number listed herein, change in type https://www.suny.edu/sunypp/documents.cfm?doc_id=925#Policy https://www.suny.edu/sunypp/documents.cfm?doc_id=925#procedures https://www.suny.edu/sunypp/documents.cfm?doc_id=923&CFID=392013&CFTOKEN=a61b4e1a25a19bdb-D1B982AE-F877-0E95-58809F7DA5BDDCC2 https://www.suny.edu/sunypp/documents.cfm?doc_id=923&CFID=392013&CFTOKEN=a61b4e1a25a19bdb-D1B982AE-F877-0E95-58809F7DA5BDDCC2 of machines listed herein, or/and reduce machines, the Contractor and College will negotiate the change in commission due to the College, as appropriate. The College reserves the right to disapprove a request for any of the following: 1) Add or to reduce the number of vending machines, 2) Change the location of any vending equipment, 3) Change the type of product being dispensed, or 4) Change the container size of soda, juice or hot beverage that are to be offered. Under no circumstance shall the Contractor increase or decrease the number of vending machines without the College’s approval.

e. Contractor shall be responsible for delivering, installing and connecting all vending machine equipment to the College’s utilities as presently supplied at the sites specified herein at no cost to the College. If electrical work is needed to accommodate new equipment at any time during the contract term, Contractor shall provide the necessary information/requirements to the College for review and approval. If the request is approved, the College will make the necessary electrical modifications at its own expense. No changes can be made without the review and written approval of the College. There shall be no charge to the College for any work associated with changes, relocations or additions.

f. All deliveries of vending machines shall be inside deliveries to the agreed upon locations.

The delivery agent shall call the College’s Receiving Department at (515) 572-7337 at least forty-eight (48) hours prior to delivery. On the day of the delivery, the Contractor’s driver shall stop at the College’s Receiving Department in the Physical Plant Building on Perimeter

Road, to pick up a receiving agent for the College who will accompany the driver to the appropriate location. College personnel is not permitted to assist the Contractor’s driver during the delivery and/or installation. The Contractor is to make the delivery to the location, remove boxes or other shipping containers, and complete the installation. All boxes and shipping materials shall be removed by the Contractor and disposed of outside of the

College’s grounds.

g. The College reserves the right to alter the machine locations. The Contractor shall be responsible for the relocation or removal of machines as needed at the Contractor’s sole cost and expense.

h. The College is not responsible for the security of the vending machines or their contents. It is the Contractor's responsibility to make sure that the vending machines, their installation and operation meet or exceed the standards stipulated by Governing Agencies, i.e. Health

Department, Fire Department, Building Codes, OSHA regulations etc. It shall be the

Contractor's responsibility to acquire and maintain all required licenses.

i. Contractor shall service the equipment on a regular basis to ensure proper operation. In addition, in the event of an equipment breakdown, Contractor shall ensure that repair services are provided expeditiously. Equipment shall not be out of service for more than twenty-four

(24) hours. In the event a repair is anticipated to take more than twenty-four (24) hours, the

Contractor shall notify the College and post signage on the equipment indicating the anticipated date when the equipment will be back in service. If a machine cannot be repaired, the Contractor shall replace said machine within four (4) calendar days with an operable one.

2. Products:

a. Vending machines shall provide snacks and beverages, as agreed to with the College. Snacks shall be pre-packaged items such as candy, chips, nuts, pretzels, etc. Beverages shall include but not be limited to soda, water, juice, coffee, hot chocolate, etc.

b. Contractor shall include a variety of healthy products as part of the offering. At least twenty-five percent (25%) of the products shall meet a definition of healthy alternative.

c. No chewing gum, cigarettes or alcoholic beverages are to be provided in any vending machine.

d. Product in the vending machines shall be replenished timely to ensure that product is available for purchase at all times.

e. The products being dispensed in each vending machine, both snacks and beverages, are to remain the same for the first year of the contract but may be changed with the approval of the

College in subsequent years. No changes will be made by the Contractor except as authorized by the College. Pricing shall also remain the same for the first year of the contract without any increase. Any requests for price changes for subsequent annual contractual periods must be substantiated and justified in writing by the Contractor, and submitted to the College

Contract Administrator for review at least ninety (90) days in advance of the annual end of the contract period. If the College does not give written approval to the Contractor, no price changes may be implemented.

In the event the Contractor implements price changes without the written approval of the

College, the Contractor will be required to reinstate the original prices and will be subject to a penalty in the amount of $2,000.

f. The size of each type of beverage being dispensed (juice, water, soda, etc.) must be indicated.

g. New York State Beverage Container Deposit Law: The Contractor is obligated to redeem deposits and provide return(s) to customers on campus at a location to be approved by the

College.

3. Other Provisions:

a. The College assumes no responsibility or liability for the equipment installed or products available.

b. Contractor shall adhere to the refund policy as defined in the Contractor’s RFP response and/or negotiated prior to Contract execution.

c. Contractor shall be responsible for keeping the vending machines and areas contiguous to the vending machines clean on a daily basis in a manner and at a level acceptable to the College.

Contractor on a daily basis (or more frequent basis if required) must dispose of the refuse in

College supplied dumpsters.

d. The College will continue to supply the present type and level of utilities and dumpster services to present locations.

e. The Contractor will be required to acquire from Public Safety identification and permits as is necessary to access the College’s buildings. The Contractor will be subject to all of the traffic and safety requirements established by the Public Safety Department. Employees of the Contractor shall wear identification badges and shall show them to Public Safety or any other College staff, when requested. The College reserves the right to bar from working at the College any of the Contractor’s personnel who are not professional or whose demeanor are contract to the rules and regulations of the College.

f. Contractor shall comply with all requirements of the College’s pouring rights agreement, as applicable.

II. POURING RIGHTS

Contractor shall have the exclusive rights to the sale, distribution, and merchandising of all carbonated and non-carbonated non-alcoholic beverages, including soda, fountain, bottled and canned beverages, flavored and unflavored packaged waters, energy drinks, canned or bottled fruit juices, fruit juice-containing drinks and fruit-flavored drinks, tea and coffee products and post mix and premix canisters. The licensed Starbucks store shall be exempt from the Pouring

Rights agreement.

Contractor shall comply with SUNY Policy 5201 – Elimination of Single Use Plastics and

Preference for Durable and Reusable Alternatives. The link to the policy is https://www.suny.edu/sunypp/documents.cfm?doc_id=925

Contractor will provide the College with equipment, services, commissions and pricing guarantees, in accordance with the Contractor’s RFP response and/or as negotiated prior to contract execution.

The products being offered are to remain the same for the first year of the contract but may be changed with the approval of the College in subsequent years. No changes will be made by the

Contractor except as authorized by the College. Pricing shall also remain the same for the first year of the contract without any increase. Any requests for price changes for subsequent annual contractual periods must be substantiated and justified in writing by the Contractor, and submitted to the College Contract Administrator for review at least ninety (90) days in advance of the annual end of the contract period. If the College does not give written approval to the

Contractor, no price changes may be implemented.

III. COMMISSIONS

For vending services, Contractor shall pay the agreed upon commissions to the College on a monthly basis. Payment shall be submitted to the College’s Comptroller’s Office and the College shall received such payment no later than the 15th of the following month. A report listing the sales for the prior month shall be included with the invoice. The report must list the vending machine, building location, product name, quantity sold, price and total. The College shall have the right to inspect https://www.suny.edu/sunypp/documents.cfm?doc_id=925 sales records and may have said records audited. Late payments constitute a material bridge of contract and may result in a termination for cause.

For pouring rights, the annual commission shall be paid to the College no later than the 15th of the month following the execution of the contract. For any subsequent years, payment shall be remitted no later than the 15th of the month following the beginning of the annual contractual period. Late payments constitute a material bridge of contract and may result in a termination for cause.

Any other support to the College offered by the Contractor as part of the Proposal Response shall be provided in accordance with the terms agreed to during the RFP process.

EXHIBIT A – CURRENT VENDING MACHINES AND LOCATIONS

Dispense Type Manufacturer Model Location Name

Bottle Bev DIXIE NARCO 5800 SERIES A Bldg-2nd floor

Bottle Bev DIXIE NARCO 5800 SERIES A Bldg-2nd floor

Bottle Bev DIXIE NARCO 5800 SERIES A Bldg-Lobby

Bottle Bev DIXIE NARCO 5800 SERIES B Building

Bottle Bev DIXIE NARCO 5800 SERIES F Bldg -1st Floor

Bottle Bev DIXIE NARCO 5800 SERIES F Bldg -1st Floor

Bottle Bev DIXIE NARCO 5800 SERIES Life Science

Bottle Bev DIXIE NARCO 5800 SERIES M Bldg-Nassau Hall, 1st F

Bottle Bev DIXIE NARCO 5800 SERIES M Bldg-Nassau Hall, 1st F

Bottle Bev DIXIE NARCO 5800 SERIES N Building

Bottle Bev DIXIE NARCO 5800 SERIES N Building

Bottle Bev TO BE ADDED H Building

Bottle Bev DIXIE NARCO 5800 SERIES P Bldg-Phys Ed

Bottle Bev DIXIE NARCO 3800 Physical Plant

Bottle Bev DIXIE NARCO 3800 Public Safty-New Bldg 1fl

Bottle Bev DIXIE NARCO 5800 SERIES T Bldg,Tower- Lower Levl

Bottle Bev DIXIE NARCO 3800 U Bldg-College Union

Bottle Bev DIXIE NARCO 3800 Y Bldg-Bradley Hall

Snacks NATIONAL 187 A Bldg-2nd floor

Snacks NATIONAL 187 A Bldg-Lobby

Snacks NATIONAL 187 B Building

Snacks NATIONAL 187 F Bldg -1st Floor

Snacks NATIONAL 187 Life Science

Snacks NATIONAL 187 M Bldg-Nassau Hall, 1st F

Snacks NATIONAL 187 N Building

Snacks TO BE ADDED H Building

Snacks NATIONAL 186 P Bldg-Phys Ed

Snacks NATIONAL 186 Physical Plant

Snacks NATIONAL 186 Public Safty-New Bldg 1fl

Snacks NATIONAL 187 T Bldg,Tower- Lower Levl

Snacks NATIONAL 472 Theatre Dept

Snacks NATIONAL 186 U Bldg-College Union

Snacks NATIONAL 186 Y Bldg-Bradley Hall

Smart Market: offers drinks, snacks, sandwiches and other pre-packaged food. It is located in the G

Building:

EXHIBIT B – VENDING AND SMART MARKGET SALES

VENDING:

PERIOD: 8/30/22 TO 8/29/23

Sales Units

Sales Amount

Sales Units

Sales Amount

NCC-Nassau Communty Collg 90,066 $162,769 NCC-Nassau Communty Collg 55,445 $151,011

BlkForest FrtSnk 2.25oz 4,176 $6,335 SmrtWtr 20oz 3,767 $11,369

Otis ChocChunk Ckie 4oz 4,019 $8,647 Dasani Wtr 20oz 3,455 $8,714

M&M Pnut V1.74oz 3,215 $5,778 Coke Classic 20oz 3,449 $8,720

Samai Pac SS Chp 2.65oz 3,208 $5,614 GtradeFrostGlacFrz 20oz 3,018 $8,244

Keystone Prty Mx 2.25oz 3,030 $5,303 Strbks Frap Moc 9.5oz 2,840 $8,671

Fritos FTwt Hny BBQ 2oz 2,785 $4,874 Brisk LmnIced T 20oz 2,728 $6,902

Ruffles Ched SC 1.5oz 2,775 $4,856 Plnd Sprg Wtr 16.9oz 2,634 $3,452

Klg RKrisp Treat 1.3oz 2,705 $4,108 Aquafina 20oz 2,569 $6,464

Doritos CoolRnch 1.75oz 2,673 $4,678 Dole/OSpryAplJce15.2oz 2,545 $7,697

Snickers V1.86oz 2,628 $4,768 Schweppes GingrAle 20oz 2,343 $5,908

SunChp GardenSalsa1.5oz 2,623 $4,590 Pepsi 20oz 2,112 $5,365

Doritos NChs 1.75oz 2,602 $4,554 Sprite 20oz 2,002 $5,051

Twix V1.79oz 2,414 $4,382 Dt Coke 20oz 1,612 $4,075

KlgPtrtFrstSberry3.3oz 2,389 $3,625 Monster Energy 16oz 1,399 $5,596

Nbco CAhoy MiniCkie 2oz 2,322 $3,974 Mtn Dew 20oz 1,274 $3,224

Lays Chips 1.5oz 2,275 $3,981 Coke Zero Sugar 20oz 1,207 $3,055

Cheetos Ched Jpno 2oz 2,114 $3,700 Dole/OSpry OJ 15.2oz 1,138 $3,446

Gmas Mini VanCrm 2.12oz 2,113 $3,624 Crush Orange 20oz 1,046 $2,638

Smtfd Wht Ched .625oz 2,092 $3,661 Dt Pepsi 20oz 1,002 $2,544

Snydr Mini Pretz 2.25oz 2,005 $3,509 GtradeFrostGlacCher20oz 915 $2,491

Cheezits 1.5oz 1,878 $3,272 Sgrms Ginger Ale 20oz 858 $2,157

CHB Jbo Glz Hny Bun 4oz 1,794 $3,201 Gtrade Frt Pnch 20oz 845 $2,324

Kit Kat Big Kat 1.5oz 1,790 $3,250 Red Bull Engy Drk 8.4oz 764 $3,056

Reeses PB Cup 1.5 oz 1,782 $3,214 SunkistBryLmnade20oz 622 $1,562

JLTeriyBfStekBit1oz 1,721 $4,340 VWtr Zero XXX 20oz 599 $1,706

PopcornersKtlCornChp1oz 1,619 $2,833 P-ade ION4MtnBlast 20oz 598 $1,645

SkittlesOrigFrt V2.17oz 1,617 $2,897 HawaianPnch 20oz 594 $1,496

NatBakerySBerryFigBr2oz 1,568 $2,870 Red Bull SF Engy 8.4oz 591 $2,215

CheetosSmplWhtChd1.25oz 1,416 $2,478 Gtrade Lmn Lime 20oz 550 $1,505

JaretSwedFish Red 2oz 1,398 $2,485 MonsterZeroUltra 16oz 506 $2,024

Dtyn Ice Pmint 16piec 1,356 $2,438 Fanta Oran 20oz 494 $1,247

MFrsh Jbo Hny Bun 5oz 1,236 $2,163 Dt Mtn Dew 20oz 476 $1,203

CHB TX Cin Roll 4oz 1,151 $2,034 Cher Coke 20oz 449 $1,131

Lays BBQ 1.5oz 1,109 $1,941 LptPureLeaf w/Lmn18.5oz 437 $1,420

M&M Plain V1.69oz 1,084 $1,951 SchweppeLmnLimeSelt20oz 394 $1,000

QuestChocChpCkieD2.12oz 1,077 $3,871 DunkinFVanIcedCof13.7oz 377 $1,277

StarbrstOrigMiniV1.85oz 1,074 $1,918 KarmaBBryLmnadeWtr18oz 359 $1,170

NVly CruhOats&Hny 1.5oz 987 $1,792 KarmaBryCherWtr18oz 306 $994

MFrshOreoBrwne 3oz 968 $1,714 MM 100% OJ BT 12oz 305 $919

Clif Choc Chip Br 2.4oz 958 $2,365 Pepsi Wild Cherry 20oz 288 $727

RGldHnyWhetBraidTwt 2oz 899 $1,573 Strbks DblShot Moc 15oz 284 $1,164

Knotts Rberry Ckie 2oz 778 $1,275 Strbks DblShot Cof 15oz 272 $1,086

ComboChedChsPretzV1.8oz 771 $1,176 GPeak Lemon T 18.5oz 210 $641

CheetosFlmHtTngChili2oz 667 $1,167 DunkinMocIcedCof13.7oz 169 $577

Dtyn Ice Spear 16piec 579 $1,195 GPeak Swt T 18.5oz 161 $480

Kind Frt&NutBr 1.4oz 565 $1,439 DunkinThnMnIceCof13.7oz 157 $512

Stcy PitaGarParm 1.5oz 555 $971 DunkinSmoreIceCof13.7oz 129 $419

HariboGummiGoldBear4oz 533 $975 Sunkist PApl 20oz 125 $314

TrolliSrBriteCrawler5oz 524 $1,002 KarmaPAplCocoWtr18oz 121 $393

Kars TrlMxOrigUnslt 2oz 472 $728 VWtr XXX 20oz 73 $207

HariboSourStreamer3.6oz 401 $702 Gtrade Cool Blue 20oz 65 $179

KinderBuenoChocBr1.5oz 375 $672 FlorNatGrowPrideApl14oz 41 $123

FSTG MgrainTort 1.5oz 350 $613 FuzeLmnSwtTBlkT20oz 36 $90

RGld Tiny Twt 2oz 126 $221 VitaCocoWtrPLBT16.9oz 27 $88

OrchVlyOm3MxWnCbAlPs2oz 123 $370 FlorNat Grw OJ 14oz 26 $78

HariboGummiGoldBear5oz 77 $135 MonsterJavaTrplMoc15oz 18 $59

LaysWavyHickoryBBQ1.5oz 72 $126 MonsterJavaSltCarm15oz 17 $55

PFarm MilanoCkie 1.5oz 59 $91 HalsNYOrigSeltWtr20oz 13 $33

Wheat ThinTstVeg 1.75oz 53 $93 RedBullAmbSBryApct8.4oz 11 $44

Pringles SCnO 2.5oz 49 $99 MonsterJavaTrplFrVn15oz 9 $29

FSTG SwtPotTort 1.5oz 39 $68 HalsNYBlkCherSeltWt20oz 4 $10

UniquePretzShells2.12oz 34 $60 LifeWtrPurifyWtr 20oz 4 $12

GmasChocBrwneCkie 2.5oz 31 $54 GPeak Swt Grn T 18.5oz 2 $6

Ritz Bits Chs Bits 3oz 29 $51 Red Bull BlueEngy 8.4oz 2 $8

DoritosSwtTngyBBQ1.75oz 26 $46 SwtLeafMntHnyGrnPET16oz 1 $3

PeeledOrgDriedMgo1.23oz 20 $65 VWtr0SgrLookBBryHib20oz 1 $3

Kars SwtNSltTrlMx 2oz 20 $35 Grand Total 55,445 $151,011

LaysMnchChsPBCrkr1.42oz 20 $37

BrooksideDkChocPom3oz 17 $51

Ritz Bits Chs Bit 1.5oz 17 $30

Kit Kat 2.04oz 8 $14

Oreo Mini Bites 1.5oz 6 $11

Reeses PB Cup 2.1oz 6 $11

StarburstOrigMini1.85oz 4 $7

Stcy Pita Naked 1.5oz 4 $7

FAmosBelgianChocCkie2oz 4 $7

Hrshy Choc Almd 1.85oz 3 $5

Herrs OrigPcorn .875oz 2 $4

OvenBkdLaysOrig 1.125oz 1 $2

Combo Pza Pretz 1.8oz 1 $2

Grand Total 90,066 $162,769

PERIOD: 8/30/23 TO 8/29/24

Beverage 8.30.23 to 8.27.24

Units

Sales Amount Snacks 8.30.23 to 8.27.24

Sales Units

Sales Amount

NCC-Nassau Communty Collg 56,709 $168,432 NCC-Nassau Communty Collg 98,191 $202,507

SmrtWtr 20oz 4,504 $14,638 Otis ChocChunk Ckie 4oz 4,721 $12,225

GtradeFrostGlacFrz 20oz 4,130 $11,358 BlkForest FrtSnk 2.25oz 4,034 $7,304

Coke Classic 20oz 3,631 $9,985 Samai Pac SS Chp 2.65oz 3,802 $6,869

Plnd Sprg Wtr 16.9oz 3,190 $4,785 Keystone Prty Mx 2.25oz 3,562 $6,446

Dasani Wtr 20oz 2,932 $8,063 CHB Jbo Glz Hny Bun 4oz 3,348 $6,696

Brisk LmnIced T 20oz 2,768 $7,612 Doritos NChs 1.75oz 3,126 $5,656

Dole/OSpryAplJce15.2oz 2,598 $8,444 Ruffles Ched SC 1.5oz 3,030 $5,479

Aquafina 20oz 2,357 $6,482 SunChp GardenSalsa1.5oz 2,895 $5,243

Strbks Frap Moc 9.5oz 2,095 $8,380 Snickers V1.86oz 2,893 $6,793

Schweppes GingrAle 20oz 2,058 $5,660 M&M Pnut V1.74oz 2,833 $6,661

Pepsi 20oz 2,003 $5,508 Gmas Mini VanCrm 2.12oz 2,739 $4,968

Sprite 20oz 1,988 $5,467 Doritos CoolRnch 1.75oz 2,680 $4,843

Monster Energy 16oz 1,545 $6,180 Fritos FTwt Hny BBQ 2oz 2,638 $4,757

Dt Coke 20oz 1,535 $4,221 Cheezits 1.5oz 2,583 $4,677

Dt Pepsi 20oz 1,237 $3,402 Klg RKrisp Treat 1.3oz 2,539 $4,599

Red Bull Engy Drk 8.4oz 1,160 $4,640 Cheetos Ched Jpno 2oz 2,522 $4,552

Coke Zero Sugar 20oz 1,091 $3,000 Twix V1.79oz 2,470 $5,808

Crush Orange 20oz 1,008 $2,772 Lays Chips 1.5oz 2,339 $4,226

Dole/OSpry OJ 15.2oz 972 $3,159 Nbco CAhoy MiniCkie 2oz 2,288 $4,161

Mtn Dew 20oz 963 $2,648 Snydr Mini Pretz 2.25oz 2,261 $4,092

Gtrade Frt Pnch 20oz 820 $2,255 KlgPtrtFrstSberry3.3oz 2,170 $3,919

Red Bull SF Engy 8.4oz 796 $3,184 JLTeriyBfStekBit1oz 2,061 $5,684

Mtn Dew Baja Blast 20oz 773 $2,126 PopcornersKtlCornChp1oz 1,897 $3,441

DunkinFVanIcedCof13.7oz 756 $3,402 Kit Kat Big Kat 1.5oz 1,863 $4,378

Sgrms Ginger Ale 20oz 753 $2,071 MVickiesSpcDlPck1.375oz 1,735 $3,158

MonsterZeroUltra 16oz…