BID DOCUMENT INVITATION NO. GF-2018-R-0009

Pouring Rights RFP: GF-2018-R-0009 November 14, 2017

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BID DOCUMENT

INVITATION NO. GF-2018-R-0009

AGENCY: University of the District of Columbia

PROJECT: Pouring Rights

LOCATION:

Office of Strategic Sourcing & Procurement

4200 Connecticut Avenue, NW

Bldg 39, Suite 200C. Room 246

Washington, DC 20008

Attn: Denise Joyner

BID DUE: December 13, 2017, at 2:00 PM Eastern Time


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SOLICITATION, OFFER, AND AWARD

1. Caption Page of Pages

Pouring Rights for the University of DC 1 56

2. Contract Number

3. Solicitation Number 4. Type of Solicitation

5. Date Issued 6. Type of Market

GF-2018-R-0009

Sealed Bid (IFB)

X Open

X Sealed Proposals (RFP) Set Aside

Sole Source

Open with Sub-Contracting Set Aside

Human Care Agreements DCSS

Task Order

7. Issued By: 8. Address Offer to:

Office of Strategic Sourcing and Procurement Office of Strategic Sourcing and Procurement

University of the District of Columbia 4200 Connecticut Avenue NW

4200 Connecticut Avenue NW Bldg 39 Suite 200C Rm 246 Building 39 Suite 200C Room 246 Washington, D.C. 20008 Washington, DC 20008

NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"

SOLICITATION

9. Sealed offers in original and 5

copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried to the

bid counter located at

4200 Connecticut Ave NW Washington, DC 20008

until 14:00 local time

Bldg 39 Suite 200C (Hour)

(Date)

10. For Information Contact

A. Name B. Telephone C. E-mail Address

Denise Joyner

[email protected] 202 274 5423

11. Table of Contents se Page 2 of Solicitation

(X) Sectio

n Description Page No. Sectio

n Description Page No.

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A Solicitation/Contract Form I Contract Clauses

B

Supplies or Services and Price/Cost

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C Specifications/Work Statement J List of Documents

D Packaging and Marking

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E Inspection and Acceptance

K

Representations, certifications and other statements of offerors F

Deliveries or Performance

G

Contract Administration Data L

Instructions, conditions & notices to offerors

H Special Contract Requirements M Evaluation factors for award

OFFER

mailto:[email protected]


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12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days from the date for receipt

of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.

13. Discount for Prompt Payment

10 Calendar days %

20 Calendar days %

30 Calendar days %

____ Calendar days %

14. Acknowledgement of Amendments (The offeror acknowledges receipt of amendments to the SOLICITATION):

Amendment Number Date Amendment Number Date

15A. Name and Address of

Offeror

16. Name and Title of Person Authorized to Sign Offer/Contract

15 C. Check if remittance address is different from above - Refer to Section G

17. Signature 18. Offer Date

(Area Code)

(Number)

(Ext)

AWARD (TO BE COMPLETED BY GOVERNMENT)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Name of Contracting Officer (Type or Print)

23. Signature of Contracting Officer (District of Columbia) 24. Award Date

Mary Ann Harris

University of the District of Columbia Office of Strategic Sourcing & Procurement


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REQUESTS FOR PROPOSALS

UNIVERSITY OF THE DISTRICT OF COLUMBIA

POURING RIGHTS

Table of Contents

1. INTRODUCTION……………………………………………………………………………….6

1.1 GENERAL…………………………………………………………………………………...6

1.2 UNIVERSITY OF THE DISTRICT OF COLUMBIA OVERVIEW & CAMPUS MAPS .6

1.3 DOCUMENT OVERVIEW………………………………………………………….……...10

1.4 TERM OF CONTRACT……………………………………………………………….……10

1.5 MINIMUM QUALIFICATIONS……………………………………………………………10

1.6 SCHEDULE OF KEY EVENTS……………………………………………………..….…..12

2. SUMMARY OF CONTRACT SPECIFICS…………………………….………………….….12

3. PROPOSAL FORMAT AND CONTENTS……………………………………………………14

3.1 GENERAL PROCEDURES………………….………………………………………………14

3.2 COVER LETTER…………………………………………………………………………….14

3.3 PART I: TECHNICAL AND MANAGEMENT PROPOSAL………………………………15

3.3.1 Title page………………………………………………………………………………15

3.3.2 Table of Contents………………………………………………………………………15

3.3.3 Minimum Requirements………………………………………………………………..15

3.3.4 Company Overview…………………………………………………………………….16

3.3.5 Management Profile…………………………………………………………………….16

3.3.6 Product Description…………………………………..…………………………………16

3.3.7 Health & Wellness Proposal……………………………… …………………………..16

3.3.8 Recycling & Sustainability Proposal.……………………………………………………17

3.3.9 Equipment and Maintenance.……………………………………………………………17

3.3.10 Specialty Product Plan..…………………….……………………………………………17

3.3.11 Financial Proposal & Pricing…………………………………………………………….17

3.3.12 Additional Information………………………………..…………………………………18

3.4 PART II: CONTRACT PROPOSAL…………………………………………………………….18

4. PROPOSAL EVALUATION…………………………………………………….…………………19

4.1 OVERVIEW…………………………………………………………………………….………..19

4.2 BEST VALUE AWARD…………………………………….……………………….…………..19

4.3 PROPOSAL SCORING CRITERIA & WEIGHTS……………….……………………………..20

4.4 RECOMMENDED PROPOSER…………………………………………………………………21

4.5 INQUIRIES AND INFORMATION……………………………………………………………..22

4.6 WITHDRAWAL OF PROPOSAL……………………………………………………………….22

4.7 GENERAL CONDITIONS………….…………………………………………………………….23

4.8 RESERVATION OF RIGHTS….………..…………………………………….………………....24

5. ATTACHMENT LIST……………………………………………………………………….………..5


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ATTACHMENT A – TERMS AND CONDITIONS OF CONTRACT: Page 26.

ATTACHMENT B - CURRENT FOOD SERVICE & VENDING SERVICE

CONTRACTORS: Page 35.

ATTACHMENT C - SPECIALTY PRODUCTS: Page 36.

ATTACHMENT D - SALES STATISTICS: Page 37.

ATTACHMENT E –BEVERAGE PRICING TO BE PROVIDED AT UNIVERSITY OF

THE DISTRICT OF COLUMBIA: Page 38. TO BE COMPLETED PROPOSER.

ATTACHMENT F - REFERENCE FORM: Page 39. TO BE COMPLETED BY

PROPOSER.

ATTACHMENT G –FINANCIAL PROPOSAL: Page 40. TO BE COMPLETED BY

PROPOSER.

ATTACHMENT H - PROPOSER INFORMATION AND CERTIFICATIONS: Page 41.

TO BE COMPLETED BY PROPOSER.

ATTACHMENT I- SOLICITATION, OFFER, AND AWARD COVER SHEET: Page

43. NOT APPLICABLE

ATTACHMENT J- UDC STANDARD CONTRACTUAL TERMS & CONDITIONS:

Page 44.


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1. INTRODUCTION

1.1. General. This RFP addresses Pouring Rights, described generally below and in greater detail

in the Terms and Conditions of the Contract (Attachment A). Pouring Rights refers to the

exclusive right to supply all carbonated and non-carbonated, non-alcoholic beverages as

described and defined, in Section 1.3.1 on page 8, for resale, distribution, and merchandising

to and at the University of The District of Columbia (“UDC”). The selected Proposer will be

expected to create a comprehensive, integrated beverage program that will increase customer

satisfaction by providing quality products and state-of-the-art equipment, while achieving

growth and profitability in beverage sales at UDC. A list of the current Food Services Vendor

(Perkins Management Services) and the Vending Services Vendor (Canteen) is attached as

Attachment B). It is UDC’s intention that the Proposer, in addition to its designation as the

exclusive supplier of qualifying beverages on campus, also DIRECT FILL all campus

beverage vending machines, subject to the provisions of the Randolph-Sheppard Vending

Stand Act.

1.2. University of the District of Columbia College Overview & Campus Maps

1.2.1 The University of the District of Columbia, which was established in 1975 is an urban land-

grant institution of higher education with an open admission policy and an independent agency

of the District of Columbia Government. It is a comprehensive university offering quality,

affordable post-secondary education at the certificate, associate’s baccalaureate, and graduate

levels.

1.2.2 UDC, known as the UDC Firebirds, is a member of NCAA Division II and fields 10 varsity

teams for women and men. UDC competes in the East Coast Conference. Approximately 200

students participate in varsity sports. Student activities include Greek Letter organizations,

Honor Societies, The Trilogy, a student paper, Flightpath, the yearbook, and UDC Cable

Television, Channel 19.

1.2.3 Facilities include: a Theater of the Arts; Performing Arts Center; a new $63.0 million Student

Center; Sports Complex and an Amphitheater. UDC ranks in the TOP TEN of 102 Historically

Black Colleges and Universities across the country. UDC is the nation’s ONLY exclusively

urban land-grant university and its award-winning College of Agriculture, Urban

Sustainability and Environmental Sciences is a leader in urban food security. UDC School of

Law ranks in the TOP TEN NATIONALLY for clinical legal training and diversity. UDC’s

Community College is ranked BEST in the region, according to cost, student-faculty ratio and

graduation rates. UDC has BEEN RECOGNIZED as the MOST AFFORDABLE tuition of

any university in the District and the SAFEST college campus in the District. For more

information visit UDC’s website: http://www.udc.edu.

http://www.udc.edu/


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Pictures and Map of UDC Campus

UDC Campuses Include:

4200 Connecticut Ave., NW- Campus-Wide.

4340 Connecticut Ave., NW- UDC Law School, Building 52.

UDC Airport Hanger No. 2- Building 30, National Airport.

UDC- CC PR Harris Site- 4600 Livingston Road, SE.

UDC-CC Bertie Backus- 5171 South Dakota Ave., NE.


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All campus dining and food service operations are operated by Perkins Management Services and current

beverage vending services are provided by Canteen. Pepsi and Coke, and some other beverage products are

vended and served in the dining areas. Follett, the Bookstore Operator, sells both Coke and Pepsi products. In

this RFP, UDC is requesting that Coke and Pepsi provide financial proposals, and other requested information,

based on the exclusive provision of qualifying beverages including direct vend of their products, subject to the

provisions of the Randolph-Sheppard Vending Stand Act. It is UDC’s intention to enter into an exclusive on-

campus beverage contract to purchase qualifying beverages from the Exclusive Beverage Provider

encompassing dining and beverage vending sevices, bookstore operations and on-campus catering under the

control of UDC.

1.2.4 The Proposer will be granted the exclusive right, license and obligation to:

1.2.4.1 Supply UDC’s dining and food services provider(s), (e.g. Department of Athletics, Follett),

current and/or in the future, and UDC’s vending service provider(s), current and/or in the

future, with beverages for resale at all campus dining and food service locations, on-campus

convenience store locations, on-campus catering provided by the dining and food service

provider and on-campus beverage vending locations.

1.2.4.2 Supply, deliver, install and repair all beverage equipment at UDC at no cost.

1.2.4.3 Supply UDC’s Dining Services Provider with beverage cups and containers, and lids if

requested, and carbon dioxide, provided that Proposer’s prices for such items shall be

competitively priced; if available cups, containers and lids shall be “eco-friendly,”


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compostable or made of recycled materials as deemed appropriate by UDC.

1.2.5 The Proposer will also be granted the exclusive right and license to negotiate with UDC

certain UDC trademarks with beverages sold at UDC.

1.2.6 With respect to newly developed, produced or purchased products, not available as of the date

of the executed Contract is entered into between UDC and the Proposer, both parties mutually

agree to discuss the availability of these products and any additional terms and conditions

regarding their availability at UDC.

1.2.7 The Proposer may be granted such other rights and licenses, as proposed by Proposer and

accepted by UDC. For example, the Proposer could be granted exclusive beverage sponsor

status for athletic events, concerts and theatrical events and such other programs and activities

at UDC, subject to an approved proposal.

1.2.8 The Proposer’s exclusive rights will not include or pertain to:

1.2.8.1 Advertising in college student newspapers and publications, or sponsorship of programs on

any student-run college radio station.

1.2.8.2 NCAA, East Coast Conference, other member participant tournaments, or other groups hosted

by UDC, unless in the case where the Proposer has been granted exclusive beverage sponsor

status or UDC has the sole and exclusive authority to select an exclusive beverage provider.

1.2.9 Nothing in the Contract shall prevent or prohibit on-campus consumption by UDC students,

faculty, staff or their guests of beverages competitive with beverages supplied by Proposer and

purchased outside a UDC location for personal consumption or for consumption by their

group, office, or organization, and not for resale or distribution.

1.2.10 UDC has a diverse population of students, faculty, and staff, many of whom favor beverage

types and flavors that may be available only from specialty manufacturers or distributors. To

the extent that the Proposer is unable to provide these “Specialty Products,” See, Attachment

C, or a substantially similar product that is acceptable to UDC, UDC reserves the right to

make “Specialty Products” available through other suppliers.

Proposers must include in their Proposal a plan for the supply of “Specialty Products” or

substantially similar products.

1.2.11 Assignment to Auxiliary Enterprise Corporations. This RFP covers Pouring Rights for UDC.

However, after any award of a Contract, UDC reserves the right to assign its Contract rights to

one or more auxiliary enterprise corporations or UDC’s Athletic Foundation in its best interest

and to assist with financial administration of the Contract at the campus level. Such

assignment(s) may result in multiple contracts with auxiliary enterprise corporations. Except

for royalties and other consideration (which may differ by organization), each such contract

shall contain the same terms and conditions as the Contract.


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1.3 Document Overview

1.3.1 Pouring Rights refers to the exclusive right to supply Beverages for resale at UDC and

associated merchandising activities. “Beverages” are defined as carbonated and non-

carbonated natural or artificially flavored non-alcoholic sodas, fruit juices (except non-

carbonated fruit juices in dairy containers), cold teas, bottled water (in containers less than 1-

gallon in size), sports and energy drinks, and cold packaged coffee drinks. Beverages shall

NOT include milk, hot and iced coffee, hot and iced brewed tea, hot chocolate, beer (alcoholic,

low alcoholic and nonalcoholic), other alcoholic beverages, water drawn from the public water

supply or juices squeezed fresh on UDC’s premises, “smoothies” that are made fresh at UDC

and are made from frozen fruit products and blended with fruit, vegetables or yogurt, or

Beverages served at UDC whose operations are independent and not under the control or

direction of UDC. 1.3.2 This RFP specifies the qualifications, services, responsibilities, and other pertinent information

related to Pouring Rights.

1.3.3 See, Attachment D, for information regarding representative beverage sales statistics for

the period from July 1, 2016 to June 30, 2017. These numbers are given as a guide only

and are not a guarantee of future volume of sales.

1.3.4 This RFP document contains the following major sections.

Section 1 – Introduction. Provides an overview of UDC and background information about

the services covered by this RFP.

Section 2 – Summary of Contract Specifics. Describes Contractor responsibilities regarding

Pouring Rights.

Section 3 – Proposal Format and Contents. Describes the prescribed format and content for

the responses to this RFP.

Section 4 – Proposal Evaluation. Describes the methodology that will be used to evaluate

responses to this RFP.

1.4 Term of Contract

UDC anticipates the term of the Contract to be either Five (5) Years or Ten (10) Years, without

automatic renewals, as determined in UDC’s best interests.

1.5 Minimum Qualifications

In order to be considered for Contract award, Proposers and any subcontractor(s) must meet the

minimum qualifications below. Inability or unwillingness to meet the minimum qualifications set

forth below will result in the rejection of a Proposal as non-responsive. Qualified Proposers will:

1.5.1 Be financially viable.


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1.5.2 Currently manufacture and/or distribute a range of carbonated and non-carbonated natural or

artificially flavored non-alcoholic sodas, fruit juices, cold teas, bottled water, and sports and

energy drinks.

1.5.3 Have a minimum 20% national market share of carbonated soft drink sales.

1.5.4 Have at least five (5) years’ experience providing Pouring Rights to colleges and universities,

particularly in the District of Columbia, Maryland and Virginia.

1.5.5 Have a sufficient presence in the District of Columbia, Maryland and Virginia to offer prompt,

efficient, and continuous provision of Pouring Rights to UDC.

1.5.6 Show proven commitment to consumer health and wellness through, among other things,

availability of low and zero calorie and sugar items, all fruit juices, etc.

1.5.7 Show proven commitment to sustainable practices including, among other things, use of

recycled plastics and glass, and Energy-Star rated Beverage Equipment.

1.5.8 Enforce fair labor practices in the U.S. and abroad with respect to its employees and those of

its bottlers, distributors, and other contractors.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)


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1.6 Schedule of Key Events

UDC will attempt to adhere to the following schedule with regard to this solicitation:

Event Date

Time & Place- All

Times Eastern

Standard Time.

RFP Release Date Tuesday, November 14,

2017.

Pre-Bid Conference & On- Campus Visit- Mandatory Attendance

Tuesday, November 28,

2017.

11:00 AM, UDC

Office of Strategic

Sourcing &

Procurement, 4200

Connecticut Ave,

Building 39, Room

200C, Washington,

DC.

Proposal Due Date

Wednesday, December

13, 2017.

By 2:00 PM.

On-Site Presentations Week of January 8,

2018. To Be Determined

UDC will provide the Proposers with a list of all questions submitted by 12:00 Noon on Friday, December 1,

2017 and responses by 12:00 Noon on Wednesday, December 6, 2017. No questions will be accepted after

12:00 Noon on Friday, December 1, 2017.

Submission of Best and Final Offers: by Thursday, January 18, 2018 by 2:00 PM.

Notice of Intention to Award Contract: by Thursday, January 25, 2018.

Commencement of Contract Process: Friday, January 26, 2018.

Implementation Complete: March 1, 2018.

UDC reserves the right to amend any or all of these dates.

2. SUMMARY OF CONTRACT SPECIFICS

This section gives a summary description of Proposer’s responsibilities for providing Pouring Rights.

This section should be read in conjunction with the Section 4 “Scope of Services” in the Terms and

Conditions of the Contract (Attachment A and Attachment J), which provides a detailed description

of Proposer’s responsibilities.


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2.1. Product Mix. Proposer shall provide for retail sale a mix of Beverage products and packages

as agreed by the parties. New items will be jointly determined by the Proposer and UDC,

and if appropriate, Food Services Vendor (“FSV”) and Vending Services Vender

(“VSV”), at the time of the introduction.

2.2. Health, Wellness and Sustainability. Proposer shall work with UDC to support and

implement beverage industry trends and best practices regarding healthy and nutritious

beverage products, as well as campus awareness campaigns and initiatives related to

sustainability.

2.3. Staff. Proposer must provide an experienced and qualified Staff, sufficient to ensure efficient,

hygienic and orderly performance of the Pouring Rights. Proposer’s Staff must maintain

proper standards of courtesy, service and professionalism in dealing with the UDC

Community. Proposer’s staff must wear Proposer’s uniforms with ID Badges including picture

and name. Proposer must designate an experienced and capable individual who will be

responsible at all times for implementation of the Contract. This individual will serve subject

to approval by UDC. Proposer will be responsible for obtaining satisfactory criminal history

records checks on all employees, including sexual offenses, and reference checks for all of its

employees and agents who will be providing services in restricted areas under the contract

with UDC. UDC requires Proposer to obtain a minimum of the following screenings:

Residency History, Social Security Verification, Current County Criminal Search, National

Criminal Database and sex offender record check. Proposer will need to agree to verify, in

writing, forwarded or delivered to UDC, that such investigations were completed and the

findings satisfactory.

2.4. Beverage Equipment. Proposer must supply, deliver, install, and repair all Beverage

Equipment at no cost to UDC, including coolers, beverage vending machines, fountain

equipment and related piping/tubing/connections etc. to make all of Proposer’s equipment

operationally ready. At the time of installation, all Beverage Equipment must be new, heavy-

duty commercial, EnergyStar® qualified, and of the latest model available from a nationally

known manufacturer, or Proposer must provide a proposed schedule for phasing in such

machines. Each beverage vending machine shall include current or future campus card readers

(or any future replacement), as well as the capability to accept credit, debit, and “smart” cards,

ApplePay or other “smart phone.”

2.5. Preventative Maintenance. Proposer must establish and abide by a preventative

maintenance program for all Beverage Equipment and related equipment such as replacement

and/or cleaning of syrup lines.

2.6. Service. Proposer must, at its own expense, maintain Beverage Equipment in good working

order.

2.7. Royalties and other consideration. In consideration of the rights granted, Proposer shall pay

UDC royalties and other consideration as agreed to by the parties.


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2.8. Laws and Regulations. Proposer shall comply, and ensure that its staff complies, with all

laws, rules and regulations governing Pouring Rights and all applicable provisions of the

Contract.

3. PROPOSAL FORMAT AND CONTENTS

3.1. General Procedures

3.1.1. To be responsive to this RFP, and for the purposes of evaluation, each Proposal must consist

of the following, as further described below:

Cover Letter;

Part I - Technical and Management Proposal; and

Part II - Contract Proposal.

3.1.2. Each part of the Proposal must be complete in itself in order that the evaluation of both Part I

and Part II can be accomplished independently and concurrently, and so that the Technical and

Management Proposal can be evaluated strictly on the basis of its merits.

3.1.3 Information shall be consistent across submitted documents. UDC reserves the right to

(A) reject Proposals submitted with conflicting information;

(B) determine that a Proposer has substantially met the requirements of the RFP

and/or to ask for additional information after the Proposal Due Date; and

(C) view non-compliance with this section or failure to provide information and/or

required forms as non-responsive.

3.1.3. UDC will endeavor to protect confidential and proprietary information from disclosure to the

extent permitted by applicable laws. Accordingly, Proposers should identify those page(s) of

their Proposal that contain such information as “confidential and proprietary.” In addition,

Proposers should explain the reason(s) why this information should be considered exempt

from disclosure. Include the identification of pages and reasons for exemption in the Cover

Letter of the Proposal.

3.1.4. Proposers must submit a complete Proposal in response to the RFP, using the format defined

herein. Proposers must tabulate and paginate their Proposals, clearly marking sections with the

section number to which they are responding. The Proposer’s Proposal for the Pouring Rights

must be prepared and presented in the following format and order:

3.2. Cover Letter

The Proposal must include a Cover Letter on official business letterhead. The Cover Letter must

include the following and be signed by an official authorized to bind the Proposer:


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3.2.1. The name, title and contact information of the individual(s) with authority to negotiate and

contractually bind the Proposer and who also may be contacted during the period of the

Proposal evaluation;

3.2.2. A statement that the Proposer meets all the minimum requirements described in the RFP (See,

Section 1.5);

3.2.3. A statement confirming that any anticipated difficulty or inability of Proposer to meet the

requirements of this RFP and any resulting Contract are fully addressed in Proposer’s Part II

submission; and

3.2.4. A statement affirming that neither Proposer nor any individual assigned to provide all or part

of the Pouring Rights to UDC have any conflicts of interest with UDC, or its respective

governing bodies, committees or employees. If Proposer cannot provide such a statement

because of a conflict of interest, it shall instead state the nature of the conflict and describe the

provisions that will be made to address the conflict.

3.3. Part I: Technical and Management Proposal

The Proposer must submit to UDC by the Proposal Due Date:

Five (5) paper copies of its Part I – Technical and Management Proposal to the address listed

on the cover page of this RFP as well as one (1) electronic copy.

The Proposer’s name and the words “UDC Pouring Rights RFP Part I- Solicitation No. GF-2018-R-

0009- Technical and Management Proposal” shall be clearly listed on the cover of the Part I Proposal.

Proposals must be securely sealed and clearly labeled. Any outside packaging containing Part I copies

must also be clearly marked with the words “UDC Pouring Rights RFP Part I- Solicitation No. GF-

2018-R-0009- Technical and Management Proposal.” Package Part II separately from Part I. Part

I shall include the items listed below, with the Financial Proposal (Section 3.3.11) packaged in a

separate sealed envelope within the Part I package.

3.3.1. Title Page. Name, address and phone number of the Proposer including a contact person (also

listed in the Cover Letter), and name of the person(s) who prepared the Proposal.

3.3.2. Table of Contents

3.3.3. Minimum Requirements. Provide evidence that Proposer meets the minimum requirements of

this RFP, including:

(A) A list on Attachment E of the Beverages that Proposer will make available at UDC. Indicate which

products are low and zero calorie and sugar, contain no artificial colors, are all fruit juices, or otherwise

“healthier” beverages;

(B) Evidence of Proposer’s financial viability, including one (1) copy of Proposer’s audited financial

statements for each of the last three (3) years, including balance sheets, profit and loss statement and cash

flow analyses. If the Proposer is a subsidiary of a larger organization, then only financial data pertinent to

the subsidiary’s financial position is required. UDC reserves the right to request additional financial

information, if necessary, to establish the overall financial viability of the Proposer;


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(C) Evidence that Proposer has a minimum 20 % national market share of

carbonated soft drink sales;

(D) Evidence that Proposer has a minimum of five (5) years of successful

business experience performing comparable services to those under this RFP.

Provide a list of Proposer’s current higher educational clients. Using

Attachment F, include at least five references from higher education clients,

with a preference for references located within the District of Columbia,

Maryland and Virginia.

(E) A description of Proposer’s presence in the District of Columbia,

Maryland and Virginia, including number of local employees, number of

accounts, locations of warehouse and maintenance facilities, etc.

(F) A description of Proposer’s sustainability policies and practices and the

types of activities it would implement at UDC if it were to be awarded the

Contract.

(G) Evidence that Proposer is committed to and takes steps to enforce fair

labor practices in the U.S. and abroad with respect to Proposer’s employees

and those of Proposer’s bottlers, distributors and other contractors.

3.3.4. Company Overview. Provide an overview of Proposer, including:

(A) A brief history of Proposer, especially as it relates to the higher education

market, including revenue levels, number of current accounts, years in

business, and number and make-up of staff;

(B) Former clients: Provide a list of higher education clients where Proposer’s

services have been terminated (either by Proposer or by the client) within the

past three (3) years. Provide the following information regarding these

clients:

- Name and address of the company

- Name and title of client contact

- Telephone number of client contact

- Date and reason for termination

(C) A description of Proposer’s internal administrative systems, including but not

limited to, inventory control, reporting of sales, and internal audit.

3.3.5. Management Profile. Provide (i) an organizational chart or short profile of Proposer’s

management structure and (ii) a plan for administrative management and supervision of staff

required to implement the services under this RFP. This should include a description of any

regional or headquarters support and the resumes of key personnel, including those employees

who would be responsible for the Contract if it were awarded to Proposer.

3.3.6. Product Description. Submit on Attachment E a list of all Beverages, including descriptions

of flavor, size and container type, to be offered at UDC.

3.3.7. Health and Wellness Proposal. In addition to that information provided in response to Section

3.3.3 (A), describe any proposed awareness campaigns and strategies in support of health and

wellness. In particular, describe any proposed initiatives to encourage the use and purchase of


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water and other healthier beverages, such as offering discounted wholesale and/or retail prices

on these items.

3.3.8. Recycling and Sustainability Proposal. In addition to that information provided in response to

Section 3.3.3(F), describe any suggested programs or ideas for encouraging recycling of

beverage containers, such as reverse vending machines.

3.3.9. Equipment and Maintenance.

(A) Provide a list, with quantity, brand, model number, and equipment

specification sheet with picture(s) for all equipment Proposer proposes to

bring onto UDC’s campus. Include complete manufacturer’s description

literature regarding any equipment proposed. Note that each Beverage

vending machine shall include card readers to accept campus card readers as

well as credit, debit, ApplePay or other “smart phone” and “smart” cards.

(B) If your proposal does not include supplying all new vending machines at the

start of the Contract, provide a schedule or plan for phasing in new machines

on all the campuses. Machines shall be heavy-duty commercial, EnergyStar®

qualified, and of the latest model available from a nationally known

manufacturer. All equipment supplied shall be energy miser or similar

technology.

(C) Describe Proposer’s program for preventative maintenance and regular

replacement of worn, malfunctioning or damaged equipment.

(D) Describe the day-to-day housekeeping and maintenance services Proposer

would provide.

(E) Please note which, if any, vending equipment is available with “UDC branded

wrapping” if yes, please provide examples.

3.3.10. Specialty Product Plan. Include a plan for supplying Specialty Products. Indicate which, if

any, Specialty Products that Proposer is not able to supply by providing the requested or a

substantially similar product.

3.3.11. Financial Proposal & Pricing. In a separate sealed envelope, but part of Part I package,

provide a financial proposal with a detailed description of the pricing, royalties, and other

consideration and support offered by Proposer. Use Attachment G. Contractor shall base its

Financial Proposal and Pricing on potential two terms: a Five (5) Year Term and a Ten (10)

Year Term. The Five (5) Year Term and Ten (10) Year Term shall include provision for the

following:

(A) A one- time upfront signing bonus.

(B) A guaranteed annual royalty amount to UDC for Pouring Rights, regardless of

Beverage volume.

(C) Percentage Commission to be paid by Proposer on vended beverage products

based on gross sales without any offset or deduction other than refunds paid on


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vended beverage products; subject to the provisions of the Randolph-Sheppard

Vending Stand Act.

(D) An additional per case and per gallon royalty amount based on annual Beverage

volume.

(E) Promotional products and complementary cases of beverages to be offered.

(F) A proposal for using UDC’s Marks and suggested sponsorship activities,

including but not limited to UDC sponsorship; with particular emphasis on

sponsorship of UDC Athletics.

(G) Any other marketing promotions, such as banners, scoreboards, etc.

(H) Career development program, including internships and full-time employment

positions for UDC graduates.

(I) Scholarships.

(J) Any other discounts, incentives or other financial or other consideration that

Proposer wishes to offer.

(K) A minimum of a 2-year pricing structure for all beverages and any other

proposed items, such as cups, lids and CO2, to be purchased by FSVs and VSVs.

Include specific pricing commitment and incentives. A copy of National Account

or Standard Wholesale price lists must be included. After the two (2) year

period expires, explain and describe the proposed price escalation plan.

3.3.12. Additional Information. Provide any other information you believe will be helpful to the

selection committee in evaluating your Proposal.

3.4. Part II: Contract Proposal

3.4.1. The Proposer must submit its proposal to UDC by 2:00 PM on Wednesday, December 13,

2017.

Five (5) paper copies of its Part II –Contract Proposal to the address listed on the cover page of this

RFP as well as an electronic copy.

3.4.2. Contents of Contract Proposal.

(A) Attachment H- Proposer Information and Certifications, fully completed and

signed by an authorized representative of Proposer.

(B) If Proposer circles “do not accept” in Section III of Attachment H, Proposer must

attach to Attachment H a document identifying and explaining any the exceptions or

deviations taken with respect to the Terms and Conditions of Contract, Attachments

A and J. Proposer shall not respond by providing a sample agreement.

Any exceptions or deviations taken must contain sufficient amplification and

justification to permit evaluation. The benefit to UDC shall be explained for each

exception taken. Such exceptions will not, of themselves, automatically cause a

proposal to be found unacceptable. However, a large number of exceptions or

one or more significant exceptions not providing benefit to UDC may result in

rejection of such proposal as unacceptable.

UDC reserves the right to require full acceptance of Attachments A and J.


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4. PROPOSAL EVALUATION

4.1. Overview

4.1.1. Proposal Evaluation shall be administered by UDC’s Office of Strategic Sourcing and

Procurement.

4.1.2. Proposers are required to submit all documents WITH THEIR PROPOSALS.

4.1.3. Proposals will be evaluated by UDC using a Best Value Method evaluation process based on

the criteria described below.

4.1.4. Proposal evaluation will be accomplished by a representative committee comprised, as

appropriate, of technical, program and management personnel. Committee members will score

each Proposal individually and then meet as a group to discuss and short list the Proposals.

Evaluators will be allowed to revise scores on the basis of committee discussions.

4.1.5. Proposers responding to this RFP may be requested to clarify issues or to provide additional

insights into their proposal through written clarifications and/or oral presentations. If written

clarifications are required to complete the technical evaluation of proposals, evaluators will be

allowed to revise their technical scores based on this additional information.

4.1.6. On-site presentations will be held for short-listed proposers (see Section 4.3, Step 3 for

definition) at UDC during the week of January 8, 2018 at a location and time to be determined.

UDC reserves the right to request best and final offers from the proposed Contractors.

4.1.7. An award shall be made to the Proposer who receives the highest total proposal score after

considering all the technical and oral evaluation factors.

4.2. Best Value Award

UDC shall award the Contract, if at all, on the basis of best value to a responsive and responsible

Proposer.

(REMAINDER OF PAGE LEFT INTIONALLY BLANK)


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4.3. Proposal Scoring Criteria & Weights

The Proposals will be evaluated using the following approach and scoring system:

Table 1: Proposal Scoring Criteria and Weights

Step Title Scoring

Method

Item

Weight

Section

Score

Points

out of

100

1 Pre-Screening & Minimum

Requirements Review

Pass/Fail N/A

2 Part I - Technical & Management

Proposal

Scored 90

Qualifications 20 20

1. Company Overview (3.3.4) 10

2. Management (3.3.5) 10

Technical Merits 30 30

To include:

Product Descriptions (3.3.6)

Health & Wellness (3.3.7)

Recycling & Sustainability (3.3.8)

Equipment and Maintenance

(3.3.9)

Specialty Product Plan (3.3.10)

Additional Information (3.3.12)

Financial Proposal & Pricing (3.3.11) 40 40

3 Oral Presentation (Short-Listed firms) Scored 10 10

4 Part II - Contract Proposal Not

Scored

Total 100

4.3.1. Step 1: Pre-Screening

UDC will conduct a Pre-Screening of each Proposal to ensure all content has been submitted in

accordance with the RFP and that Proposers meet the Minimum Qualifications outlined in Section 1.5

of this RFP. Those Proposers whose Proposals do not include all required content will be deemed

non-responsive under law and shall not be granted any further consideration, unless UDC deems such

omissions non-material. UDC will notify non-responsive Proposers in writing.


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4.3.2. Step 2: Part I - Technical & Management Proposal Scoring (90 Points)

Members of a duly constituted ad hoc Selection Committee (the “Committee”) will score each

Technical Proposal individually and then meet as a group to discuss the Technical Proposals.

Committee Members will be allowed to revise their original scores on the basis of Committee

discussions. The average Technical Score for each Proposal will consist of the sum of each

Committee Member’s Technical Score divided by the number of Committee Members.

4.3.3. Step 3: Oral Presentation (10 points)

The Proposers with the highest Technical Proposal scores (the “Short-Listed Proposers”) will be

required to provide an On-site Presentation to the Committee. The Committee will conduct an On-Site

Presentation with each Short-Listed Proposer at UDC. Proposers shall not be allowed to change their

Proposals during or after this presentation unless responding to a request from UDC. Each Proposer

will be given a separate meeting time schedule to conduct its presentation before the Committee. Each

session will last approximately one to one and a half hours. The Proposer will be expected to address

specific questions from the Committee shared in advance of the presentation. On-site Presentations

will be evaluated and scored by the Committee.

4.3.4. Step 4: Part II –Contract Proposal Scoring (Not Scored)

The Contract Proposal will not be scored. However, it will be evaluated as regards to the Proposer’s

ability to accept UDC’s business requirements.

4.3.5. Step 5: Best and Final Offers

UDC reserves the right to request Best and Final Offers (“BAFOs”) after the On-site Presentations

have been conducted. Should UDC exercise this right, UDC will request a BAFO from each Short-

Listed Proposer. UDC will revise the Technical Proposal Scores of the Short-Listed Proposers, as

necessary, based on information submitted in their BAFOs and using the criteria in Table 1.

4.4. Recommended Proposer

The sum of a Short-Listed Proposer’s Technical Proposal Score and its Oral Presentation Score is its

Total Proposal Score. The Proposer with the highest Total Proposal Score, after the perfecting and

summing of Technical and Oral Presentation Scores as described in Section 4.3 above will be

recommended by the Committee to UDC for Contract award.


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4.4.1. Your proposal must be received by UDC by 2:00 PM Eastern Standard Time on Wednesday,

December 13, 2017 indicated in Section 1.6 Schedule of Key Events. The proposal must be

addressed to:

Ms. Denise Joyner

Contract Specialist

Office of Strategic Sourcing and Procurement

University of the District of Columbia

Building 39, Suite 200C, Room 246

4200 Connecticut Avenue

Washington, D.C. 20008

202-274-5423

[email protected]

4.4.2. Proposers assume all risks in connection with timely, properly delivered Proposals. Proposers

are strongly encouraged to arrange for delivery of Proposals prior to the Proposal Due Date.

(A) UDC accepts no responsibility for Proposals left at any other location.

(B) UDC accepts no responsibility for Proposals that are sent by mail or by

courier.

(C) Proposals received after the Proposal Due Date will be returned unopened.

(D) Proposals that are transmitted by facsimile (fax) or e-mail are not acceptable

and will not be considered.

4.5. Inquiries and Information

4.5.1. All questions concerning this solicitation must be directed to the Designated Contact, Ms.

Denise Joyner at: [email protected]. Proposers are reminded that from the date this RFP is

issued until a Contract is signed; NO contact is permitted regarding this solicitation with any

UDC staff except with the Designated Contact named above. Any unauthorized contact by a

vendor may result in the rejection of its Proposal. The last date to submit questions for this

solicitation is indicated in Section 1.6 Schedule of Key Events. NO questions will be accepted

after 12:00 Noon on Friday, December 1, 2017. All inquiries should be addressed to:

[email protected].

4.5.1 Clarifications, corrections, interpretations, additions, amendments, and answers to all

questions of a substantive nature, as well as copies of the questions, will be given in

writing by UDC as an addendum to the RFP (“Addendum”) and will be sent by email to

each entity recorded as having requested a copy of the RFP. The Addendum shall become

a part of the RFP and be binding on all Proposers. No clarifications, corrections,

interpretations, additions, amendments, or answers other than those given by UDC in

writing in the form of an Addendum shall be binding.

4.6 Withdrawal of Proposal

4.6.1 A Proposer may withdraw its Proposal at any time before the Proposal Due Date;

thereafter, a Proposer may withdraw its Proposal only after the expiration of 180 calendar

days from the Proposal Due Date and prior to any actual award. A request to withdraw a

Proposal shall be made in writing and delivered to the Proposal submission location.





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4.6.2 Upon discovery of a material error by the Proposer or notification of a material error by

UDC, the Proposer may decide that it does not wish to have the evaluation of its Proposal

continue. Such request for a withdrawal of its Proposal must be received in writing from

the person who signed the Proposal within 3 business days of such discovery or

notification. UDC shall retain the sole right to determine whether to grant such request for

withdrawal of the Proposal and will respond in writing to the Proposer with its decision.

4.7 General Conditions

4.7.1 This RFP is being conducted in compliance with all requirements of UDC and the District

of Columbia. This RFP is intentionally structured with broad guidelines and few

mandated components in order encourage competition.

4.7.2 Proposers shall not make any changes to the documents of this RFP. All Proposers are

required to submit Proposals in response to the same terms and conditions. Attempts to

make changes to the RFP documents may render a Proposal non-responsive. Changes to

the RFP documents by others are not binding on UDC.

4.7.3 Any sales volume data or enrollment information provided in this RFP is for

information purposes only, and is not a guarantee. The sales actually earned by the

Proposer may be less or more than in prior years. If less, no action for damages or

lost profits will accrue to the Proposer because of this.

4.7.4 Proposers may not make any public announcements or news releases regarding this RFP

or any subsequent Contract without UDC’s prior written approval.

4.7.5 Proposers may not use the name or trademark, service mark, or other proprietary mark or

logo of UDC without UDC’s prior written approval.

4.7.6 Proposers shall indicate any exceptions or deviations from the Terms and Conditions of

Contract (Attachment A and Attachment J). Unless exceptions or deviations are so

indicated, UDC will assume that a Proposer agrees to the Terms and Conditions. UDC

reserves the right to accept or reject any exceptions or deviations a Proposer may suggest.

Contractor’s responses will be included and attached as an exhibit to the Contract entered

into and in the event of any conflict between Proposer’s RFP response and the Contract,

the RFP response will be deemed controlling.

4.7.7 Proposers are expected to have assessed the conditions, and that Proposers have attended

mandatory site visits, that may affect goods and services to be provided. Proposer shall be

conclusively presumed to have full knowledge of any and all conditions affecting in any

way the performance of the work to be performed under the Contract that were or should

have been discovered by a reasonably prudent proposer.


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4.7.8 It is each Proposer’s responsibility to familiarize itself with relevant facilities at UDC, and

Proposer assumes full responsibility to provide goods and/or services as specified herein

pursuant to its Proposal, if accepted by UDC.

4.7.9 All Proposals, upon submission to UDC, shall become its property for use as deemed

appropriate. By submitting a Proposal, the Proposer covenants not to make any claim for

or have any right to damages because of any misinterpretation or misunderstanding of the

specification, or because of any misinformation or lack of information.

4.7.10 Under no circumstances shall UDC be liable for any costs incurred by Proposers in

preparation and/or production and/or negotiation of a Proposal; for attending Proposers’

conferences and/or site visits, for preparing or attending an Oral Presentation; or for any

services performed prior to that date set forth in the notice of award UDC sends to the

Proposer awarded the Contract.

4.7.11 Receipt of a Proposal by UDC does not indicate that UDC has reviewed the Proposer’s

qualifications to receive a Contract award. UDC shall review the Proposal and make a

determination of each Proposer’s qualifications to receive a contract award after the

Proposal Due Date. There will not be a public opening of Proposals.

4.7.12 Issuance of this RFP does not commit UDC to award a contract for any services.

4.7.13 Any contract award shall be subject to all required UDC approvals. UDC shall have no

obligation or liability whatsoever to the Proposer selected as result of this solicitation

unless and until a Contract satisfactory to UDC is approved and executed by the Proposer.

4.7.14 By signing and submitting a Proposal, Proposer is affirming that it has read this RFP,

including but not limited to the Terms and Conditions of Contract (Attachments A & J),

accepts its terms, and is able and willing to sign the Contract if its Proposal is selected,

subject only to any changes negotiated and agreed to by both parties. The Terms and

Conditions, together with the contents of the selected Proposal, any Addenda, including

any formal questions and answers provided during the evaluation process, shall be

incorporated into and comprise the Contract. The issuance of a letter of intent to award or

similar documentation does not require or commit UDC to enter into a Contract with a

Proposer until all Terms and Conditions are negotiated and acceptable to UDC.

4.7.15 The selected Proposer shall possess the requisite business integrity justifying the

confidence of UDC; to adhere, throughout the term of the Contract, to the highest

standards of business conduct and professional responsibility by fulfilling its obligations

under the resulting Contract.

4.8 Reservation of Rights

In addition to any other rights described in this RFP, UDC reserves the following rights:

4.8.1 To accept or reject any or all Proposals, including without limitation to reject a Proposal

if:


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4.8.1.1 The Proposer does not provide any part of the information or documents required by the

RFP.

4.8.1.2 The Proposer misstates, misleads, or conceals any material fact in its Proposal or at any

time in connection with this RFP.

4.8.1.3 The Proposal is not in compliance with law.

4.8.1.4 The Proposal is not responsive to the requirements of this RFP or the requirements of the

Contract terms and conditions.

4.8.1.5 Any part of the Proposal, such as the Financial Proposal, is conditional.

4.8.1.6 The Proposal, in the opinion of UDC, contains unbalanced prices. Or,

4.8.1.7 A determination that the Proposer is not “responsible” as defined by UDC in its sole

discretion.

4.8.2 To re-issue a solicitation.

4.8.3 To correct any arithmetic errors in any or all Proposals.

4.8.4 To use or adopt any or all of a successful Proposer’s Proposal.

4.8.5 To negotiate modifications to the scope, Contract terms and conditions and consideration

with the selected Proposer prior to contract award.

4.8.6 To reject Proposals containing material deviations and/or (b) permit Proposer(s) to amend

one or more non-material items in their Proposal(s) to comply with this RFP and/or (c)

waive or modify minor irregularities in Proposals.

4.8.7 To seek clarifications concerning Proposals.

4.8.8 To amend the RFP after its Release Date upon appropriate notification.

4.8.9 To issue Requests for Additional Information (“RFAIs”) to Proposers.

4.8.10 To require Short-Listed Proposers to attend Oral Presentations.

4.8.11 To issue additional questions to Short-Listed Proposers; the answers to which shall be

returned to UDC in writing and become part of the Short-Listed Proposers’ Proposals.

4.8.12 To allow evaluators to include in their final score the evaluation of the answers to the

additional questions and such additional materials as Proposers provide.

4.8.13 To contact all Proposer references during the Proposal Evaluation process.

4.8.14 To ask Short-Listed Proposers for Best and Final Offers.

4.8.15 To terminate negotiations with a prospective awardee if negotiations of legal terms and

conditions above are unsuccessful.

4.8.16 Upon terminating negotiations to negotiate with the next highest Short-Listed Proposer.


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ATTACHMENT A: TERMS AND CONDITIONS OF CONTRACT

THIS CONTRACT is made by and between University of the District of Columbia (“UDC”)

and the company identified on the Contract Signature Page (“Proposer”). In consideration of the

mutual stipulations and covenants herein contained, UDC and Proposer agree with each other as

follows:

Section 1- DEFINITIONS

When used in this Contract, the following words have the meanings set forth in this Section:

1.1 “approved”, “directed”, “required”, “specified”, unless specifically stated otherwise, to

mean approved, directed, required, or specified, as the case may be, by UDC through its

representative.

1.2 “Beverage” means all carbonated and non-carbonated natural or artificially flavored non-

alcoholic beverages, including sodas, juices, cold teas, bottled water, sports drinks, and cold

packaged coffee drinks, except that “Beverage” does not include the following:

• Plain or flavored milk of any kind (e.g., cow, goat, almond, soy, rice) and milk

products.

• Vegetable juices, smoothies and drinks.

• Non-carbonated fruit juices in dairy containers.

• Fruit drinks (e.g., juices, aides, smoothies) squeezed or made fresh at UDC dining

venues.

• Fresh-brewed coffee and tea products.

• Hot coffee, tea and chocolate.

• Soup.

• Water in 1-gallon or larger containers, including water coolers.

• Tap water. Or,

• Specialty Products.

An initial list of Beverages to be supplied by Contractor is attached to this Contract as Attachment E.

1.3 “Beverage Equipment” means Beverage vending machines, fountain dispensers, cold barrels,

coolers and any other equipment for use in providing the Beverage Services and the sale of

Beverages at UDC.


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1.4 “Beverage Services” means the supply, sale, and distribution of Beverages at UDC and related

activities, as further described in Sections 3.1 and 4 of this Agreement.

1.5 “Business Days” means Mondays through Fridays (excluding Saturdays and Sundays),

excluding holidays on which UDC is officially closed.

1.6 “Business Manager” means UDC’s Controller or other designee.

1.7 “College” means a constituent unit of UDC.

1.8 “Contract” means the following documents (each a “Contract Document”): (1) these Terms

and Conditions, exhibits, tables, schedules, and appendices; (2) Proposer’s Proposal; (3)

questionnaires, amendments, addenda and representations and affirmations of Proposer; (4)

samples and any other information submitted by Proposer; (5) insurance documents; (6) the

District of Columbia’s Standard Terms and Conditions, See, Attachment J; (7) the

advertisement(s); and (8) notice of award.

1.9 “Proposer” means the second party named above.

1.10 “UDC Marks” means the name and logo(s) of UDC, including the logos of each athletic team

associated with UDC.

1.11 “Days” means calendar days unless otherwise specified.

1.12 “FSVs” means the food service vendor(s) operating at UDC which are responsible for food

service operations at UDC, including retail food services at college cafeterias and faculty dining

rooms. See, Attachment B for a list of the current FSVs.

1.13 “Laws” means all laws, regulations, rules, orders, requirements, and the like, of federal, state,

and local governments, courts, governmental authorities, legislative bodies, boards, agencies,

commissions, and the like which might pertain to UDC.

1.14 “Person” means any natural person, corporation, general partnership, limited partnership,

limited liability company, proprietorship, other business organization, trust or association.

1.15 “Pouring Rights” means the right to provide Beverage Services and Sponsorships.

1.16 “Proposal” means the information provided by Proposer pursuant to Section 3 – Proposal

Format and Contents, of the RFP.

1.17 “RFP” means the request for proposals issued by UDC for Pouring Rights.

1.18 “Specialty Products” means those products/items enumerated in Attachment C.

1.19 “Sponsorships” means those sponsorship opportunities described in Section 3.3 of this

Agreement.


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1.20 “Staff” means a Person or Persons furnished by Proposer to perform the work of this Contract.

Staff include Proposer’s employees, partners, agents and representatives, as well as Persons

engaged by Proposer as consultants, coordinators, independent contractors, subcontractors,

franchisees or in any other capacity.

1.21 “District” means the District of Columbia, if applicable.

1.22 “Term” has the meaning set forth in Section 3 below.

1.23 “VSVs” means UDC’s current beverage vending service vendors. See Attachment B for a list

of the current VSV.

Section 2 – TERM

The term of this Contract will be either Five (5) Years or Ten (10) Years beginning on or about

January, 2018 and ending on or about December, 2023 or December, 2028 unless (i) mutually

extended by written agreement of the parties, or (ii) sooner terminated as provided herein. The

final award date is based upon District of Columbia review and approval process.

Section 3 – GRANT OF RIGHTS

3.1 Beverage Services License. Subject to the exceptions set forth in Section 3.4 below, UDC

hereby grants to Proposer a license during the term of this Contract to provide Beverage

Services at UDC. The license includes the following exclusive rights and responsibilities, as

further described in Section 4:

3.1.1 To supply qualifying Beverages for resale or distribution at UDC locations. Any

applicable FSVs and VSVs, and any successor FSVs and VSVs, if applicable, will be

required by their contracts with respect to UDC to purchase from Proposer, all of their

requirements for qualifying Beverages;

3.1.2 To supply, deliver, install, and repair all Beverage Equipment at UDC; and

3.1.3 To supply FSVs with Beverage cups, containers, lids, and carbon dioxide, provided that

Proposer’s prices for such items are competitively priced. FSVs may use generic cups

and lids and may purchase them and carbon dioxide from other suppliers if available at

prices lower than those offered by Proposer.

3.2 Intellectual Property License And Sponsorship Rights

3.2.1 Subject to subsections 3.3.2 and 3.4 below, UDC hereby grants to Proposer the

exclusive right and license during the term of Contract to associate UDC Marks with

Beverages sold or distributed at UDC. In connection with this license, Proposer will be

the exclusive Beverage sponsor for UDC athletics. Proposer will also enjoy other

sponsorship rights as agreed upon between UDC and the Proposer.


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3.2.2 The concept for any sponsorship activity undertaken by Proposer pursuant to this

Contract, and any artwork or other items created by Proposer for use in sponsorship

activities or otherwise in accordance with the terms of this Contract, and any use of the

UDC Marks, is subject to prior written approval by UDC.

3.3 Permitted Exceptions.

3.3.1 Proposer’s exclusive rights under Sections 3.1 and 3.2 do not include and/or pertain to:

(A) Advertising in UDC college student newspapers and publications, or

sponsorship of programs on any student-run UDC college radio station.

(B) NCAA, East Coast Conference, other member participant tournaments, or other

groups hosted by UDC, unless in the case where the Proposer has been granted

exclusive beverage sponsor status or UDC has the sole and exclusive authority

to select an exclusive beverage provider.

(C) The right to supply Beverages or Beverage Equipment at facilities and

premises that are not UDC locations.

(D) Nothing in this Contract will prevent or prohibit on-campus consumption by

students, faculty, staff or their guests of beverages competitive with Beverages

supplied by Proposer and purchased outside a UDC location for personal

consumption or for consumption by their group, office, or organization and not

for resale or distribution.

3.4 Specialty Products. See, Attachment C.

Section 4- SCOPE OF SERVICES

4.1 Product Mix and Pricing

4.1.1 The initial Beverage product and package mix are set forth in Attachment E. Proposer

may not change product or package mix to be supplied to UDC without UDC’s prior

written consent.

4.1.2 Proposer shall sell Beverages to FSV at prices no higher than those set forth in

Attachment E. Proposer must adhere to and maintain the price commitments and

incentives listed in Attachment E for a minimum of Contract Years One and Two.

Prices for the following years shall not increase more than the percentage of increase in

the published National Account or Standard Wholesale price lists.

4.1.3 Introduction of new items and prices for them will be jointly determined by the

Proposer and UDC.


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4.2 Beverage Equipment – General

4.2.1 Proposer must supply, deliver, install, and repair all Beverage Equipment at no cost to

UDC.

4.2.2 All Beverage Equipment is and will at all times remain the property of Proposer.

4.2.3 The specifications included in this Section 4.2 and Section 4.3 below are minimal.

Nothing in this Contract will be deemed a bar to Proposer’s provision of equipment or

services of a higher quality.

4.2.4 UDC, in consultation with its FSVs will determine the operating location of each

fountain dispenser, cooler and other retail Beverage dispenser.

4.2.5 All fountain dispensers and/or flavor blending equipment with syrup cartridges must be

of the most recent design of proven efficiency and include the following:

(A) operate on a 1 or 2.5 or 3 or 5-gallon bag-in-the box (B.I.B.) design;

(B) be 5, 6, or 8 head, high volume machines with the capacity to dispense ice from

FSV’s ice maker;

(C) have the ability to dispense carbonated and non-carbonated water;

(D) be equipped with locks and/or shut-off devices and filtered with a stainless

steel, vented, double check valve backflow; and

(E) be equipped with separate water supply shut-off.

4.2.6 Syrup must be packaged in 1, 2.5, 3 or 5-gallon B.I.B. containers and sealed in

accordance with any and all health and sanitary codes.

4.2.7 Carbon dioxide (CO2) tanks must be twenty (20) or fifty (50) pound capacity with

capped faucet. Contractor must supply and refill tanks (to be paid for by FSV)

throughout the life of the Contract.

4.2.8 All Beverage contact surfaces on Beverage Equipment must permit easy and full

disassembly for routine cleaning and sanitizing.

4.2.9 At the time of installation, all Beverage coolers must be new, heavy-duty commercial,

EnergyStar® qualified, and of the latest model available from a nationally known

manufacturer.


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4.3 Beverage Equipment - Beverage Vending Machines

4.3.1 Number and Location. Proposer must supply and deliver no less than 20 Beverage

vending machines to be located at UDC.

4.3.2 Technical Specifications.

(A) At the time of installation, each Beverage vending machine must be new,

heavy-duty commercial, and of the latest model available from a nationally

known manufacturer.

(B) Each Beverage vending machine must be installed with a non-resettable

counter that correctly identifies the number of products dispensed and the

amount of revenue received.

(C) Each Beverage vending machine must accept coins and dollar bills and make

change. Coin and bill accepters and changers must be Mars Electronics

(MEI)/Conlux, Coinco®, or approved equal.

(D) Each Beverage vending machine must include card readers that accept card

readers as well as credit, debit and “smart” cards.

(E) Each Beverage vending machine must be user-friendly and EnergyStar®

qualified.

4.3.3 Installation.

Proposer must coordinate the delivery of its Beverage vending machines with UDC.

4.4 Staff

4.4.1 Proposer must provide an experienced and qualified Staff in numbers sufficient to

ensure efficient, hygienic and orderly performance of the Beverage Services.

Proposer’s Staff must maintain proper standards of courtesy, service and

professionalism in dealing with the UDC Community. Proposer’s staff must wear

Proposer’s uniforms with ID Badges including picture and name. Proposer will be

responsible for obtaining satisfactory criminal history records checks on all employees,

including sexual offenses, and reference checks for all of its employees and agents who

will be providing services in restricted areas under the contract with UDC. UDC

requires Proposer to obtain a minimum of the following screenings: Residency History,

Social Security Verification, Current County Criminal Search, National Criminal

Database and sex offender record check. Proposer will need to agree to verify, in

writing, forwarded or delivered to UDC, that such investigations were completed and

the findings satisfactory.


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4.4.2 Proposer must promptly remove and replace any Staff member that UDC, in its sole

judgment, deems to be unsatisfactory, subject to compliance with applicable legal

requirements and any collective bargaining agreements to which Proposer may be a

party.

4.4.3 Proposer’s Staff must observe UDC’s rules, regulations and policies, as well as all

applicable provisions of this Contract. Failure to do so is grounds for UDC to require

temporary or permanent removal of a Staff member from the UDC location. Nothing

in this Contract will be deemed to relieve Proposer from liability for any deficiencies in

performance by Proposer’s Staff.

4.4.4 Proposer’s Staff must wear neat, clean and attractive uniforms appropriate to their

positions while on duty. Proposer is responsible for all costs attendant to providing,

cleaning and replacing such uniforms.

4.4.5 Proposer must designate an experienced and capable individual (the “Manager”) who

will be responsible at all times for implementation of this Contract. Manager will serve

subject to approval by UDC. Proposer must provide UDC with the Manager’s office

telephone, facsimile, beeper and cell-phone numbers and e-mail address. Proposer

must keep this information current at all times. In the absence of Manager, Proposer

must designate an alternate Manager under the same terms and conditions. The intent

of this provision is to give UDC access at all times to an individual with full authority

to make decisions on behalf of Proposer. Nothing in this section is intended to

preclude UDC from discussing matters relating to this Contract with any of Proposer’s

Staff.

4.5 Schedule. Proposer must provide Beverage Services on a year-round basis, 24 hours-a-day,

seven days-a-week. Per UDC’s agreement with surrounding neighborhoods, delivery times are

restricted to the hours between 7:00 am to 7:00 pm. These times must be observed year-round

with no exceptions.

4.6 Service and Maintenance

4.6.1 Meetings with UDC. Proposer and representatives of any applicable FSV, VSV, and of

UDC will meet from time to time to discuss administration of this Contract, evaluation

of the Beverage Services and such other matters as may arise. Proposer agrees to

provide monthly and annual sales data to UDC, including case and syrup volumes, and

shall honor all other reasonable data/data format requests by UDC in a timely fashion.

4.6.2 Preventative Maintenance. Proposer must establish and abide by a preventative

maintenance program for all Beverage Equipment.

4.6.3 Service Calls.

(A) Fountain equipment. Proposer must, at its own expense, maintain fountain


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equipment in good working order and must promptly make repairs. Proposer

must maintain a 24-hour service hot-line, including weekends and holidays

(excluding District and Federal holidays), for UDC’s and FSV use. Proposer

must arrive to service fountain equipment within four hours of placement of a

service call. Proposer must maintain a log of all service calls received and the

disposition of each. This log must be available for UDC’s review.

(B) Coolers and vending machines. Proposer must, at its own expense, maintain

coolers and vending machines, if applicable to Proposer, in good working order

and must promptly make repairs. Proposer must maintain a 24-hour service

hot-line, Monday through Friday (excluding District and Federal holidays), for

UDC’s use. Proposer must arrive to service coolers and vending machines

within four hours of placement of a service call. Proposer must maintain a log

of all service calls received and the disposition of each. This log must be

available for UDC’s review.

4.6.4 Replacement of Beverage Equipment. Proposer must replace any Beverage Equipment

that:

(A) Cannot be returned to full service within seventy-two (72) hours of UDC’s or

FSV’s first service call;

(B) Has frequently recurring maintenance and/or mechanical problems (For

purposes of this section "frequently recurring” means prompting six (6) or

more service calls within thirty (30) Days.); or

(C) Is reaching its rated service life.

Any replacement Beverage Equipment must be of equal or superior quality to

the Beverage Equipment originally installed as determined by UDC in conjunction with Proposer.

4.7 Health, Wellness and Sustainability. Proposer agrees to work with UDC to support and

implement beverage industry trends and best practices regarding healthy and nutritious

beverage products, as well as campus awareness campaigns and initiatives related to

sustainability.

Section 5 - ROYALTIES AND FINANCIAL REQUIREMENTS

5.1 Royalties

5.1.1 See and Complete Attachment G: Financial Proposal on page 40 of this RFP.

5.2 Form of Payment. All payments made pursuant to this Contract must be made by check or

ACH Payment to: the University of the District of Columbia.

5.2.1 Delinquent payments by Proposer to UDC are subject to a late payment fee of one-and-one-half

percent (1-1/2%) per month, or portion thereof, of any balance due.


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5.2.2 Proposer must maintain complete, accurate and separate books of account together with

appropriate, detailed, supporting data and documents, in accordance with generally accepted

accounting principles, for all transactions relating to Beverage Services (the “Records”).

5.2.3 UDC or its auditors may inspect and review Records, and may require Proposer to furnish such

other financial information related to the Beverage Services, as UDC deems appropriate. In the

event of any question as to the dollar amounts due UDC or Proposer, the decision of UDC’s

auditors will be final and binding upon both parties to this Contract.

5.2.4 The receipt or acceptance by UDC of any statements furnished or payments made hereunder to

UDC (or the cashing of any royalty or commission checks paid hereunder) shall not preclude

UDC from questioning the correctness thereof at any time and, in the event that any

inconsistencies or mistakes are discovered in such statements or payments, they shall

immediately be rectified by Proposer and the appropriate payment shall be made by Proposer.

5.3 Meetings. UDC and Proposer will meet from time to time at either party’s request to review

reports, explain deficiencies, discuss problems and mutually agree on courses of action to

improve the results of the Beverage Services.


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ATTACHMENT B: CURRENT FOOD SERVICE AND VENDING SERVICE

CONTRACTORS

1. Perkins Management Services: College Dining Services. 2. Canteen: Vending Services.


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ATTACHMENT C: SPECIALTY PRODUCTS

Proposer: List Comparable Products, if Available, to those Listed Below:

The below list is illustrative:

Muscle Milk®.

Starbucks Bottled Coffee Drinks®.

Rockstar Energy Drinks.

Naked Juice.

Milk Beverages.

Kevita Beverages.

Nesquick Drinks.

IZZE Drinks.

Sambazon Acai Energy.

So Delicious Vanilla Almond Milk.

Chocolate Soy Milk.

Silk BIB Soy Milk.

POM 100% Pomegranate Juice.

Bolt House Farm Juices.

Coconut Waters.

Bottled or Canned Milkshakes.

Bottled Smoothies.

Fresh Squeezed Juices.


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ATTACHMENT D: SALES STATISTICS

The following are representative beverage purchases by UDC, for twelve month period

from July 1, 2016 to June 30, 2017. Beverage vending information is also included.

Type of Beverage Total Number of Cases Total Number of Syrup

Gallons

Dining, Retail, Athletics &

Catering Locations: Beverage

Cases

8,500 N/A

Vending : Beverage Cases 2,500 N/A

Fountain: Gallons of Syrup

BIB

N/A 2,500

Total Annual Units: Cases +

Gallons of Syrup BIB

13,500

These numbers are given as a guide only and are not a guarantee of future volume or sales. Dining & Service Locations Include: Van Ness Campus, Athletic Department, Catering Services and Special Event Kiosks. Vending: Approximately 20 Beverage Vending Machines Located at UDC Campuses.


Page 38 of 56

ATTACHMENT E: BEVERAGE PRICING TO BE PROVIDED AT UDC

To Be Completed by Proposer:

Name of Product Case

Count &

Bottle/Can

Size or

Syrup Size

in Gallons

Price Per

Case or

Per

Gallon of

Syrup

Low/Zero

Sugar- If

Available

Real

Fruit- If

Available

Other “healthy”

characteristics (explain)

20oz Carbonated

Soft Drinks

20oz Waters,

Plain, Sparkling

& Flavored

20oz Sports

Drinks

Other Sports

Drink Sizes

Other Specialty

Waters (Vitamin,

Smart, Coconut,

Sobe)

Energy Drinks

20oz Teas

Other Sizes of

Teas, Drinks,

12oz Cans of

Sodas, Teas

Other Types of

Products

Fountain

Products & BIB

Gallon Sizes

*Also Provide a Complete List of Available Products in Proposer’s Response.

*Will Proposer agree to fix product pricing for a 2-year term, and limit product pricing

increases to a fixed amount, not to exceed an amount.

*State pricing for cups, lids and C02 tank pricing.


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ATTACHMENT F: REFERENCE FORM


ITEM PROPOSER RESPONSE

PROPOSER NAME:

CLIENT FOR WHOM SERVICES

WERE PERFORMED:

CONTACT NAME:

PHONE NUMBER:

E-MAIL ADDRESS:

NATURE OF CLIENT’S BUSINESS:

DATES DURING WHICH SERVICES

WERE PROVIDED TO CLIENT:

COMPLEXITY OF CLIENT’S

BUSINESS (REVENUES, NUMBER

OF LOCATIONS ETC.):

STAFF PROPOSED TO WORK ON

UDC’S PROJECT THAT WORKED

FOR THIS CLIENT:


Page 40 of 56

ATTACHMENT G: FINANCIAL PROPOSAL

To Be Completed by Proposer: Based on Proposer Providing Direct Fill Beverage Vending

I. Upfront one-time Signing Bonus: With Direct Beverage Vending

10-Year Option: $_______________.

5-Year Option: $_______________.

II. Guaranteed Annual Royalty Payment (non-volume related): With Direct

Beverage Vending; subject to the provisions of the Randolph-Sheppard

Vending Stand Act.

10-Year Option: $_______________________.

5-Year Option: $_______________________.

I. Percentage Commission to be Paid by Proposer on Gross Vended Beverage

Sales: ________%; subject to the provisions of the Randolph-Sheppard

Vending Stand Act.

II.

III. Additional Annual Per Case Royalty:________. If this royalty will increase

from Contract year to Contract year, provide a chart for each year of the

Contract. ________________.

IV. Annual Cases of Donated Product, Product Type and Quantity of Cases:

___________________.

V. Other Royalties and Consideration. Use additional sheets if necessary.

Include:

Promotional products/programs to be offered;

A proposal for using UDC Marks and suggested sponsorship activities,

including but not limited to UDC Athletic sponsorship;

Any other marketing promotions, such as banners, scoreboards, etc.;

Career development program, including internships;

Truck back advertising, Can imprinting, etc;

Full-Time Employment for UDC Graduates;

Scholarships; and

Any discounts, incentives or other financial or other consideration that

Contractor wishes to offer.


Page 41 of 56

ATTACHMENT H: PROPOSER INFORMATION AND CERTIFICATIONS


(Please submit this with your Volume II: Contract Proposal)

PROJECT TITLE: “University of the District of Columbia Pouring Rights- Solicitation

No. GF-2018-R-0009”

I. PROPOSER INFORMATION

FIRM NAME: __________________________________________________________

ADDRESS:___________________________________________________________

CITY:_________________________________________ STATE: ___________

ZIP CODE: __ __ __ __ __ - __ __ __ __

TELEPHONE : (_____) _____ - __________ FAX: (_____) _____ - __________

E-MAIL ADDRESS: _____________________________________________________

CONTACT PERSON: ___________________________________________________

Proposer’s Federal Identification Number (FIN):________________________

Please indicate below the name, title, address, and telephone/fax numbers of the person

who prepared this proposal, as well as any other individual(s) with authority to negotiate

and contractually bind the offeror and also who may be contacted during the period of

proposal evaluation:

Preparer’s Name/Title: __________________________________________________

Address: __________________________________________________________________

Telephone: (_____) _____ - __________ FAX: (_____) _____ - _______

Other Authorized Individual(s):

Name/Title:____________________________________________________________

Address:______________________________________________________________

Telephone: (_____) _____ - __________ FAX: (_____) _____ - ______


Page 42 of 56

II. PROPOSER CERTIFICATIONS

By signing below, I, ___________________________, an authorized individual

(NAME)

of _________________________________, make the following certifications

(FIRM)

regarding the subject proposal:

180-Day Offer: This proposal is a firm offer for a 180-day (or more) period from the date

of submission.

M/W/DBE Status - check all that apply (NOTE: If you, or any sub-consultant, are

claiming status as a certified minority-owned or women-owned business enterprise in the

District of Columbia, you may be asked to produce copies of documentation of your

status):

___ Minority-Owned

___ Women-Owned

___ Neither of the above

Signature: ____________________________________________

III. ACCEPTANCE OF AGREEMENT*

By signing below, I, _________________________________, authorized individual

(NAME)

of ______________________ hereby (ACCEPT/DO NOT ACCEPT) (circle one)

(FIRM)

all the Terms and Conditions of Contract contained in Attachments A and J to this Request for

Proposals.

Signature: ________________________________________

( NAME OF ACCEPTOR)

* Any exceptions or deviations taken must contain sufficient amplification and justification to permit

evaluation. The benefit to UDC shall be explained for each exception taken. List any exceptions on a

separate sheet(s) of paper and attach to this form. Such exceptions will not, of themselves,

automatically cause a proposal to be termed unacceptable. However, a large number of exceptions - or

one or more significant exceptions not providing benefit to UDC - may result in rejection of such

proposal as unacceptable.


Page 43 of 56

ATTACHMENT I- SOLICITATION, OFFER, AND AWARD COVER SHEET

Not applicable


Page 44 of 56

ATTACHMENT J- UDC STANDARD CONTRACTUAL TERMS & CONDITIONS

SECTION A- DELIVERIES OR PERFORMANCE

A.1 TERM OF CONTRACT

The term of the contract shall be for a period of either five (5) years or ten (10)

years from the date of award of the contract.

A.2 The Proposer shall submit all reports in writings according to the following

schedules:

Item

No.

TYPE OF REPORTS DUE DATES

1 Monthly Sales Reports, Including Applicable

Commission Statements

15 days after the conclusion of the

month in question.

2 Annual Payment Statements to UDC 15 days after the beginning of the

year in question.

3 All Other Reports Required by Contract 15 days after to conclusion of the

period in question.

4 Certificate of Insurance At commencement of contract.

SECTION B- CONTRACT ADMINISTRATION DATA

B.1 CONTRACTING OFFICER (CO)

B.1.1 In accordance with Title 8B, DCMR 3001.5 contracts may be entered into

and signed on behalf of the University only by CO(s) s. The name and

address of the CO authorized to sign this contract is:

Mary Ann Harris, Chief Contracting Officer


Building 39, Suite 200C

Washington, D.C. 20008

B.2 AUTHORIZED CHANGES BY THE CO

B.2.1 The CO is the only person authorized to approve changes to any of the

requirements of this contract.

B.2.2 The Proposer shall not comply with any order, directive or request that

changes or modifies the requirements of this contract, unless issued in writing and

signed by the CO.


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B.2.3 In the event the Proposer effects any change at the instruction or request

of any person other than the CO, the change will be considered to have

been made without authority and no adjustment will be made in the contract

price to cover any cost increase incurred as a result thereof.

B.3 CONTRACT ADMINISTRATOR (CA)

B.3.1 The CA is responsible for the technical administration of the contract and

advising the CO as to the Proposer’s compliance or noncompliance with

the contract. The CA for this Contract will be: Senai Simon

Auxiliary Services Business Manger


Building 38, Room C04B

Washington, DC 20008

202-274-5987

[email protected]

B.3.2 It is fully understood and agreed by the Proposer that the CA shall not

have any authority to make changes in the scope of work, price or terms

and conditions of the contract.

B.3.3 The Proposer shall be held fully responsible for any changes not

authorized in advance, in writing, by the CO, and may be denied

compensation or other relief for any additional work performed that is not

authorized by the CO in writing. In addition, Proposer may also be

required at no additional cost to the University, to take all corrective

action necessitated by reason of the unauthorized changes.

SECTION C- SPECIAL CONTRACT REQUIREMENTS

C.1 51% DISTRICT RESIDENTS NEW HIRES/FIRST SOURCE EMPLOYMENT

AGREEMENT:

C.1.1 The Proposer shall comply with the First Source Employment Agreement

Act of 1984, as amended, D.C. Official Code, sec. 2-219.01 et seq. (“First

Source Act”).

C.1.2 The Proposer shall enter into and maintain, during the term of the

contract, a First Source Employment Agreement, in which the Proposer

shall agree that:

C.1.2.1 The first source for finding employees to fill all jobs created in

order to perform this contract shall be the Department of

Employment Services (“DOES”); and



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C.1.2.2 The first source for finding employees to fill any vacancy

occurring in all jobs covered by the First Source Employment

Agreement shall be the First Source Register.

C.2 PUBLICITY:

The Proposer shall at all times obtain the prior written approval from the CO

before the Proposer, any of its officers, agents, employees or subcontractor, either

during or after expiration or termination of the contract, make any statement, or

issue any material, for publication through any medium of communication,

bearing on the work performed or data collected under this contract.

C.3 FREEDOM OF INFORMATION ACT:

The District of Columbia Freedom of Information Act, at D.C. Official Code § 2-

532 (a-3), requires the University to make available for inspection and copying

any record produced or collected pursuant to a University contract with a private

Proposer to perform a public function, to the same extent as if the record were

maintained by the agency on whose behalf the contract is made. If the Proposer

receives a request for such information, the Proposer shall immediately send the

request to the CA who will provide the request to the FOIA Officer for the

University with programmatic responsibility in accordance with the D.C.

Freedom of Information Act. If the agency with programmatic responsibility

receives a request for a record maintained by the Proposer pursuant to the

contract, the CA will forward a copy to the Proposer. In either event, the

Proposer is required by law to provide all responsive records to the CA within

the timeframe designated by the CA. The FOIA Officer for the University with

programmatic responsibility will determine the reliability of the records. The

University will reimburse the Proposer for the costs of searching and copying the

records in accordance with D.C. Official Code § 2-532 and Chapter 4 of Title 1 of

the D.C. Municipal Regulations.

C.4 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA): During the performance of the contract, the Proposer and any of its

subcontractors shall comply with the ADA. The ADA makes it unlawful to

discriminate in employment against a qualified individual with a disability. See

42 U.S.C. 12101 et seq.

C.5 SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED:

During the performance of the contract, the Proposer and any of its

subcontractors shall comply with Section 504 of the Rehabilitation Act of l973, as


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amended. This Act prohibits discrimination against disabled people in federally

funded program and activities. See 29 U.S.C. 794 (l983) et seq.

C.6 LIVING WAGE ACT OF 2006: The Living Wage Act of 2006 is Title I of the “Way to Work Amendment Act of

2006”, DC Law 16-118, and effective June 8, 2006. The Living Wage Act is

codified at DC Official Code §§ 2-220.01 through 11.

C.7 WAY TO WORK AMENDMENT ACT OF 2006

C.7.1.1 Except as described below, the Proposer shall comply with

Title I of the Way to Work Amendment Act of 2006,

effective June 8, 2006 (D.C. Law 16-118, D.C. Official Code

§2-220.01 et seq.) (“Living Wage Act of 2006”) for contracts

for services in the amount of $100,000 or more in a 12-

month period.

C.7.1.2 The Proposer shall pay its employees who perform services

under the contract no less than the current living wage

published on the OCP website at www.ocp.dc.gov.

C.7.1.3 The DOES may adjust the living wage annually and the

OCP will publish the current living wage rate on its website

at www.ocp.dc.gov.

C.7.1.4 The payment of wages required under the Living Wage Act

of 2006 shall be consistent with and subject to the provisions

of D.C. Official Code §32-1301 et seq.

C.7.1.5 The requirements of the Living Wage Act of 2006 do not

apply to:

(1) Contracts or other agreements that are subject to

higher wage level determinations required by federal

law;

(2) Existing and future collective bargaining agreements,

provided, that the future collective bargaining

agreement results in the employee being paid no less

than the established living wage;

(3) Contracts for electricity, telephone, water, sewer or

other services provided by a regulated utility;

(4) Contracts for services needed immediately to prevent

or respond to a disaster or eminent threat to public

health or safety declared by the Mayor;

http://www.ocp.dc.gov/


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(5) Contracts or other agreements that provide trainees

with additional services including, but not limited to,

case management and job readiness services;

provided that the trainees do not replace employees

subject to the Living Wage Act of 2006;

(6) An employee under 22 years of age employed during

a school vacation period, or enrolled as a full-time

student, as defined by the respective institution, who

is in high school or at an accredited institution of

higher education and who works less than 25 hours

per week; provided that he or she does not replace

employees subject to the Living Wage Act of 2006;

(7) Tenants or retail establishments that occupy

property constructed or improved by receipt of

government assistance from the District of

Columbia; provided, that the tenant or retail

establishment did not receive direct government

assistance from the University;

(8) Employees of nonprofit organizations that employ

not more than 50 individuals and qualify for taxation

exemption pursuant to section 501(c)(3) of the

Internal Revenue Code of 1954, approved August 16,

1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3);

(9) Medicaid provider agreements for direct care

services to Medicaid recipients, provided, that the

direct care service is not provided through a home

care agency, a community residence facility, or a

group home for mentally retarded persons as those

terms are defined in section 2 of the Health-Care and

Community Residence Facility, Hospice, and Home

Care Licensure Act of 1983, effective February 24,

1984 (D.C. Law 5-48; D.C. Official Code § 44-501);

and

(10) Contracts or other agreements between managed

care organizations and the Health Care Safety Net

Administration or the Medicaid Assistance

Administration to provide health services.

C.7.1.6 The Mayor may exempt a contractor from the requirements

of the Living Wage Act of 2006, subject to the approval of

Council, in accordance with the provisions of Section 109 of

the Living Wage Act of 2006.


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SECTION D - CONTRACT CLAUSES

D.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

Standard Contract Provisions for use with District of Columbia Government

Supply and Services Contracts dated March 2007 is incorporated herein by

reference, with the same force and effect as if given in full text.

D.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The applicable Wage Determination under Service Contract Act No. 2015-4281,

Revision No. 7 dated 07/25/2017 can be viewed at the Wage Determination Web-

Site: www.wdol.gov.

D.3 CONFLICT OF INTEREST:

D.3.1 No official or employee of the District of Columbia or the Federal District

who exercises any functions or responsibilities in the review or approval of

the undertaking or carrying out of this contract shall, prior to the

completion of the project, voluntarily acquire any personal interest, direct

or indirect, in the contract or proposed contract. (DC Procurement

Practices Act of l985, D.C. Law 6-85, D.C. Official Code Section 2-310.01,

and Chapter 18 of the DC Personnel Regulations).

D.3.2 The Proposer represents and covenants that it presently has no interest

and shall not acquire any interest, direct or indirect, which would conflict

in any manner or degree with the performance of its services hereunder.

The Proposer further covenants not to employ any person having such

known interests in the performance of the contract.

D.4 EQUAL EMPLOYMENT OPPORTUNITY:

In accordance with the District of Columbia Administrative Issuance System,

Mayor’s Order 85-85 dated June 10, 1985, the forms for completion of the Equal

Employment Opportunity Information Report are incorporated in Section K. An

award cannot be made to any Bidder who has not satisfied the equal employment

requirements as set forth by the Department of Small and Local Business

Development.

D.5 INSURANCE:

The requirements of this section apply to this Contract. Prior to award of a

Contract, the Proposer shall assure that its insurance coverage for the service

under the contract is in compliance with the provisions of this § D.5.

http://www.wdol.gov/


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D.5.1 GENERAL REQUIREMENTS. Prior to commencement of any work

under this Contract, and in addition to other insurance bonds or securities required by law or under the Contract terms, the Proposer shall procure and maintain during the life of the Contract, the following types of insurance:

D.5.1.1 Commercial General Liability Insurance, The Proposer shall

furnish evidence satisfactory to the CO with respect to the operations performed by it, its employees and subcontractor, it carries in its own behalf, Owners’ and Proposer’s Protective Liability Insurance with minimum $1,000,000.00 per occurrence limit for bodily injury and property damage. If this Contract is for building construction, the Commercial General Liability policy must be endorsed to include coverage for Explosion, Collapse and Underground (XCU). The policy must name the University as an additional insured, contain a waiver of subrogation, and state that coverage is primary and non-contributory.

D.5.1.2 Umbrella/Excess Liability. Contracts valued at over $100,000.00 or

determined to be high risk must carry Umbrella/ Excess Liability Insurance with $5,000,000.00 limits per occurrence. The policy must name the University as an additional insured, contain a waiver of subrogation, and state that coverage is primary and non-contributory. If properties adjacent to the building site present unusual or hazardous conditions, higher Umbrella/ Excess Liability limits may be required.

D.5.1.3 Workers’ Compensation. The Proposer shall carry according to

the statutes of the District of Columbia workers' compensation insurance covering all of its employees employed upon the premises and in connection with its other operations pertaining to this Contract, including Employer’s Liability, $100,000.00 per accident for injury, $100,000 per employee for disease, $500,000.00 policy limit disease. The policy must contain a waiver of subrogation endorsement. The Proposer agrees to comply, at all times, with the provisions of the workers' compensation laws of the District.

D.5.1.4 Automobile Liability Insurance. The Proposer shall furnish

automobile liability insurance to cover all owned, hired or non-owned motor vehicles used in conjunction with the project. The policy shall cover the operations performed at the University with a $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. The policy coverage shall be Primary and Non-Contributory.

D.5.1.5 Professional E&O Liability. All design and design/build contracts

must procure Professional Errors and Omissions (Architect’s & Engineer’s) Liability Insurance to cover architectural, engineering, construction management, surveying, hazardous materials testing, and design services performed under this Contract.


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The policy must provide limits of $1,000,000.00 per claim and a $3,000,000.00 aggregate. The Proposer shall maintain such insurance for five (5) years following the University’s final acceptance of the work. The policy will cover the Design/Builder, its subcontractor and subcontractors of every tier, and shall identify the University as the Project Owner on the policy.

D.5.2 CERTIFICATE OF INSURANCE. The Proposer must submit verification of insurance on a standard Certificate of Insurance Associate for Cooperative Operations Research and Development (ACORD) form and receive approval from the CO prior to commencement of any work. The Contractor shall obtain the insurance from responsible companies licensed by the District of Columbia's Department of Banking, Insurance and Securities Regulation and shall deliver the certificate of insurance to the CO within ten (10) days of contract award. The policies of insurance shall provide for at least thirty (30) days written notice to the CO prior to their termination or material alteration.

D.5.3 DURATION. The Proposer shall carry all insurance until all contract

work is accepted by the University. Each insurance policy shall contain a binding endorsement that: The insurer hereby warrants and agrees that it shall not cancel this policy, except after thirty (30) days written notice, by certified mail, to the CO.

D.5.4 PROPOSER’S PROPERTY. Proposer and subcontractor are solely

responsible for any loss or damage to their personal property, including owned and leased equipment, whether such equipment is located at a project site or “in transit”. This includes Proposer’s tools and equipment, scaffolding and temporary structures, and rented machinery, storage sheds or trailers placed on the project site.

D.5.5 MEASURE OF PAYMENT. The University will not make any separate

measure or payment for the cost of insurance and bonds. The Proposer shall include all of the costs of insurance and bonds in the lump sum bid price.

D.6 PRE-AWARD APPROVAL:

In accordance with D.C. Official Code 2-301.05a any contract over one million

dollars over a 12- month period must be approved by the D.C. Council before the

award.


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D.7 CONFIDENTIALITY OF INFORMATION:

The Proposer shall keep all the information obtained relating to any employee or

customer of the University in absolute confidence, and shall not use it in

connection with any other matters, or disclose it to any other person, firm, or

corporation, in accordance with the District and Federal laws governing the

confidentiality of records.

D.8 TIME:

Time or performance period, if stated in number of days, shall mean calendar

days which includes Saturdays, Sundays, and holidays, unless stated otherwise

therein.

D.9 OTHER PROPOSERS:

The Proposer shall not commit or permit any act that will interfere with the

performance of work by another University Proposer or by any University

employee.

SECTION E- INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

E.1 CONTRACT AWARD:

E.1.1 The University intends to a make a single aggregate award to the

responsive and responsible Bidder whose bid conforms to the solicitation

requirements in all material respects.

E.1.2 Initial Bids

The University may award a contract on the basis of initial bids received,

without discussion. Therefore, each bid should contain the Bidder’s best

terms from a standpoint of cost or price.

E.2 PRE-BID CONFERENCE:

E.2.1 Pre-Bid Conference & On-Campus Site Visit- Mandatory Attendance-

will be held during the week of November 27, 2017, at a time and

location to be determined.

E.2.2 Prospective Bidders will be given an opportunity to ask questions

regarding this solicitation at the conference. The purpose of the

conference is to provide a structured and formal opportunity for the


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University to accept questions from bidders regarding the solicitation

document as well as to clarify the contents of the solicitation.

Attending Bidders should complete the Mandatory Pre-Bid

Conference & On-Campus Visit Attendance Roster at the conference

so that bid attendance can be properly recorded.

E.2.3 Impromptu questions will be permitted and spontaneous answers will

be provided at the University’s discretion. However, verbal answers

given at the Mandatory Pre-Bid Conference & On-Campus Visit are

only intended for general discussion and do not represent the

University’s final position. Answers will also be posted on the UDC

website at www.udc.edu.

E.3 BID PROTESTS

Any actual or prospective Bidder or Proposer, who is aggrieved in connection

with the solicitation or award of a contract who intends to formally dispute must

do so in accordance with Title 8B DCMR §3066 as follows:

E.3.1 All protests by interested parties shall be filed in writing submitted to the

University of the District of Columbia Chief Contracting Officer (CCO).

For protest purposes, “interested party” means an actual or prospective

bidder or offeror whose direct economic interest would be affected by the

award of a contract or by failure to award a contract.

E.3.2 A protestor shall file the protest within seven (7) working days after the

protestor knew or should have known whichever is earlier, of the facts and

circumstances upon which the protest is based.

E.33 The University shall not consider protests filed after seven (7) working

days. The CCO shall issue a written decision on the protest within ten (10)

working days after receipt of the protest.

E.3.4 Each protest filed with the CCO shall identify the solicitation or contract

number and shall include the name, address and phone number of the

protestor.

E.3.5 The protest shall provide the concise discussion of the grounds of the

protest and a specific request for a ruling from the CCO. The protest

shall include an original signed by the protestor or it representative.

E.3.6 The protestor or representative shall serve the protest to the University by

obtaining written and dated receipt from the President or President’s

designee.


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E.3.7 The University may request additional information in support of the

protest.

E.3.8 When a protest is timely filed with the University prior to award; the

University shall withhold the award of the contract, pending a decision on

the protest, unless the President or the President’s designee overrides the

automatic stay.

E.3.9 If applicable, the University may request bidders or offerors, before

expiration of the time for acceptance of their bid or offer, to extend the

time for acceptance to avoid the need for re-solicitation.

E.3.10 The protestor may appeal the written decision of the CCO within ten (10)

working days after receipt of the written decision to the Contracts Review

Committee.

E.3.11 The Contracts Review Committee shall issue a written decision within

thirty (30) calendar days after receipt of the appeal. Any failure by the

Contracts Review Committee to issue a written decision within thirty

(30) calendar days shall constitute a denial of the protest and shall

authorize the contractor to appeal the protest to the Contracts Appeal

Board.

E.3.12 Upon written request of the protestor, an informal hearing may be held

at the sole discretion of the Contracts Review Committee.

E.3.13 Each protestor intending to appeal the Contracts Review

Committee’s decision shall file an appeal to the District of

Columbia Contracts Appeals Board (CAB). In order the CAB to

consider the appeal, the protestor shall file the appeal within ten

(10) working days after the protestor receives a written decision

from the Contracts Review Committee.

E.3.14 The CAB shall have exclusive jurisdiction to hear and decide

protests and appeals from written decisions of the Contracts

Review Committee.

E.3.15 The contractor shall exhaust all administrative review procedures

provided in this Section fully and properly before appealing to the

CAB.

E.4 SIGNING OF BID:


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E.4.1 The Proposer shall sign the bid and print or type its name on the bid

form in the attached Bid Form Package. Each bid must show a full

business address and telephone number of the Bidder and be signed

by the person or persons legally authorized to sign contracts.

Erasures or other changes must be initialed by the person signing the

bid. Bid signed by an agent shall be accompanied by evidence of that

agent's authority, unless that evidence has been previously furnished

to the CO.

E.4.2 All correspondence concerning the bid or resulting contract will be

mailed to the address shown on the bid in the absence of written

instructions from the Bidder or Proposer to the contrary. Any bid

submitted by a partnership must be signed with the partnership

name by a general partner with authority to bind the partnership.

Any bid submitted by a corporation must be signed with the name of

the corporation followed by the signature and title of the person

having authority to sign for the corporation. Bidders shall complete

and sign all Representations, Certifications and Acknowledgments as

appropriate. Failure to do so may result in a bid rejection.

E.5 STANDARDS OF RESPONSIBILITY

E.5.1 Pursuant to 8 DCMR, 3057.2 (a) through (g), the prospective Proposer

shall submit the following documentation, within ten (10) days of the

request by the University, in order to be determined responsible:

E.5.1.1 Evidence of financial resources adequate to perform the

Contract, or ability to obtain them;

E.5.1.2 Evidence of ability to comply with the required or

proposed delivery or performance schedule, taking into

consideration all existing commercial and district business

commitments;

E.5.1.3 A satisfactory performance record;

E.5.1.4 A satisfactory record of integrity and business ethics;

E.5.1.5 The necessary organization, experience, accounting and

operational controls and technical skills, or the ability to

obtain them;

E.5.1.6 Compliance with the applicable District licensing and tax

laws and regulations;

E.5.1.7 The necessary production, construction and technical

equipment and facilities or the ability to obtain them, and

E.5.1.8 Other qualifications and eligibility criteria necessary to

receive an award under the applicable laws and

regulations.


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E.5.2 If the prospective Proposer fails to supply the information requested,

the CO shall make the determination of responsibility or non-

responsibility based upon available information. If the available

information is insufficient to make a determination of responsibility,

the CO shall determine the prospective Proposer to be non-

responsible.

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