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PURCHASING DEPARTMENT FINANCIAL SERVICES NEVADA SYSTEM OF HIGHER EDUCATION (NSHE), ON BEHALF OF THE COLLEGE OF SOUTHERN NEVADA REQUEST FOR PROPOSALS #16-0594 CAMPUS WIDE FOOD AND BEVERAGE SERVICES RELEASE DATE: Sunday, January 3, 2016 (NON-MANDATORY) PRE PROPOSAL MEETING and SITE WALKS Tuesday, January 19, 2016 (See Section A.2 for details) LAST DAY FOR QUESTIONS: Friday, January 29, 2016, 5:00 P.M. LOCAL TIME LAST DAY FOR ADDENDA: Friday, February 5, 2016, 5:00 P.M. LOCAL TIME OPENING DATE, TIME and LOCATION: Thursday, February 18, 2016, 1:00 P.M. LOCAL TIME College of Southern Nevada 3200 E. Cheyenne Avenue, Sort Code CYF110 Financial Services Building North Las Vegas, NV 89030 Sealed proposals, one (1) original and five (5) copies and one electronic copy on a flash drive, subject to the terms, conditions and scope of services, herein stipulated and/or attached hereto, will be publicly opened as stated above. All proposals must be received on or before the opening date and time to be considered. Proposals may be mailed to the address above. Or hand delivered to CSN Purchasing Department located in the Financial Services Building on the CSN Cheyenne campus. Please go to http://www.csn.edu/pages/2131.asp to view a map of the CSN Cheyenne campus. If you should have any questions regarding this Request for Proposal, fax or e-mail your questions directly to: Rob Maher, Contract Administrator [email protected] Phone: (702) 651-4223 Fax: (702) 651-4348 CSN RFP 16-0594 Page 1 of 56
Transcript
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PURCHASING DEPARTMENT FINANCIAL SERVICES

NEVADA SYSTEM OF HIGHER EDUCATION (NSHE), ON BEHALF OF THE COLLEGE OF SOUTHERN NEVADA

REQUEST FOR PROPOSALS #16-0594 CAMPUS WIDE FOOD AND BEVERAGE SERVICES

RELEASE DATE: Sunday, January 3, 2016

(NON-MANDATORY) PRE PROPOSAL MEETING and SITE WALKS Tuesday, January 19, 2016

(See Section A.2 for details)

LAST DAY FOR QUESTIONS: Friday, January 29, 2016, 5:00 P.M. LOCAL TIME

LAST DAY FOR ADDENDA: Friday, February 5, 2016, 5:00 P.M. LOCAL TIME

OPENING DATE, TIME and LOCATION: Thursday, February 18, 2016, 1:00 P.M. LOCAL TIME

College of Southern Nevada 3200 E. Cheyenne Avenue, Sort Code CYF110 Financial Services Building North Las Vegas, NV 89030

Sealed proposals, one (1) original and five (5) copies and one electronic copy on a flash drive, subject to the terms, conditions and scope of services, herein stipulated and/or attached hereto, will be publicly opened as stated above. All proposals must be received on or before the opening date and time to be considered. Proposals may be mailed to the address above.

Or hand delivered to CSN Purchasing Department located in the Financial Services Building on the CSN Cheyenne campus. Please go to http://www.csn.edu/pages/2131.asp to view a map of the CSN Cheyenne campus.

If you should have any questions regarding this Request for Proposal, fax or e-mail your questions directly to:

Rob Maher, Contract Administrator [email protected] Phone: (702) 651-4223 Fax: (702) 651-4348

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Table of Contents SECTION A - INTRODUCTION .................................................................................................. 3 SECTION B - SUBMISSION INSTRUCTIONS ........................................................................... 7 SECTION C - EVALUATION OF PROPOSALS ........................................................................ 10 SECTION D - REQUEST FOR PROPOSAL GENERAL TERMS AND CONDITIONS .............. 18 SECTION E - PURCHASE ORDER TERMS AND CONDITIONS............................................. 25 SECTION F - SCOPE OF WORK/SPECIFICATIONS .............................................................. 28 SECTION G – FINANCIAL/PRICING RESPONSE FORM........................................................ 49 SECTION H – RFP RESPONSE FORM ................................................................................... 53 SECTION I – LIST OF SUBCONTRACTORS / TIER 2 SUPPLIERS ........................................ 54 SECTION J – ATTACHMENTS ................................................................................................ 56 INSURANCE (ATTACHMENT J-1) ........................................................................................... 56 FOOD SERVICES SQUARE FOOTAGE AND DRAWINGS (ATTACHMENT J-2) .................... 56 CAMPUS FOOD SERVICES EQUIPMENT LIST (ATTACHMENT J-3) .................................... 56 SAMPLE CONTRACT (ATTACHMENT J-4) ............................................................................. 56 VENDING MACHINE LOCATIONS (ATTACHMENT J-5) ......................................................... 56

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SECTION A - INTRODUCTION 1. PURPOSE OF REQUEST

1.1.The College of Southern Nevada, herein after referred to as CSN, is seeking proposals from qualified Contractors capable of providing Food and Beverage Service operations throughout CSN’s three (3) main campuses. Proposers may submit proposal responses on one, all, or a combination of the following sections (I – VI listed below). The Successful Proposer(s) or Proposers will enter into a contract with the Board of Regents of the Nevada System of Higher Education on behalf of The College of Southern Nevada. It is envisioned that the term of the contract(s) will be three years with two, one-year renewal options; however, CSN may entertain longer term contracts as part of Proposer responses to the financial section of this Request for Proposal. If the inclusion or exclusion of a section will change Proposer’s response in regard to other food service areas, Proposers may submit multiple Pricing Response Forms to illustrate how their financial proposal would change with the inclusion or exclusion of particular sections. Proposers may also submit multiple technical proposals (but only if necessary) to illustrate how their technical proposal would change with the inclusion or exclusion of particular sections.

1.2 The intent of this Request for Proposal is to provide an overview of CSN’s food service

needs and not to be prescriptive in requirements. Proposers are encouraged to use their knowledge and creativity to provide CSN with options to meet CSN’s overall needs.

1.3 The following table provides a summary of the food service sections (I – VI) which

Proposers are invited to submit proposals on. As mentioned, Proposers may provide responses on one, all, or a combination of these Sections. For Section I, Proposers may bid on all buildings or any combination to include individual buildings.

Services Description Campus Building

I. Food Services

The Successful Proposer(s) shall provide food service operations to include the sale of hot and cold prepared or prepared items. The facilities are currently configured in a kitchen and café style. The Successful Proposer(s) will be able to propose their idea/approach to how best serve CSN’s population. **Excludes Russell’s Restaurant (CSN Culinary)

Cheyenne S Building

Charleston

B Building C Building D Building I Building K Building

Henderson C Building

II. Catering

Successful Proposer(s) shall develop and furnish a complete catering program that is in all ways consistent with the image that the CSN projects to its internal and external publics. Catering services provided shall be non-exclusive. CSN students, staff, faculty, and visitors shall have the option of using other catering providers for both on and off-campus events.

ALL

ALL

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III. Snack Vending

The Successful Proposer(s) shall provide and maintain coin and card operated snack vending machines for the CSN Campuses, and other areas as requested by CSN. The current snack vending services contract, which expires May 6, 2016 is with First Class Vending. CSN is open to proposals which offer other types of food vending items in addition to snack items.

ALL ALL

IV. Beverage Vending

The Successful Proposer(s) shall provide and maintain coin and card operated beverage vending machines for the CSN Campuses. Types of beverages should include soft drinks, new age beverages, teas, water, and non-carbonated beverages. CSN is considering proposals on both exclusive agreements to serve a particular brand and non-exclusive agreements which allow multiple brands, and Proposers may provide proposals for either or both. The current exclusive agreement with Pepsi Bottling Group expires on September 30, 2016.

ALL ALL

V. Beverage (Fountain and Bottle Drinks)

The Successful Proposer(s) shall sell, distribute and merchandize beverages and related products at CSN dining, retail, catering, and athletic event concessions and other auxiliary operations that service fountain and bottled drinks, within the following categories: Fountain Syrup and CO2, Cans and Bottles, New Age Beverages, Teas, water, and Non-Carbonated Beverages. This section excludes alcoholic beverages or mixers for alcoholic beverages provided to CSN departments. CSN may award or extend its current exclusive contract to a beverage provider or CSN may enter into non-exclusive agreements with multiple beverage providers. Proposers may submit proposals for both exclusive and/or non-exclusive beverage agreements in this section. The current exclusive agreement with Pepsi Bottling Group expires on September 30, 2016. CSN reserves the right to select specific brands to be sold on campus and also reserves the right to specify pricing, and retain any sponsorship rebates from such exclusivity agreements. Any contractual agreement of CSN in this regard will supersede any other agreements between the Successful Proposer(s) and any other party, unless it is specifically provided to the contrary in the successful proposer’s final agreement with CSN. CSN is seeking proposals for both exclusive and non-exclusive agreements in order that CSN can evaluate the cost/benefit to CSN over the full life of the contract and determine long term benefits of an exclusive versus non-exclusive agreement.

ALL ALL

VI. Food Truck Services

The Successful Proposer(s) shall provide mobile food facilities to supplement the other dining options.

ALL ALL

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2. NON-MANDATORY PRE-PROPOSAL MEETINGAND SITE WALK

Pre-Proposal Meeting: A Non-Mandatory Pre-proposal Meeting/Site Walk is scheduled for January 19, 2016 at 9:00 AM in the June Whitley Student lounge and Cafeteria. The purpose of the Pre-proposal meeting is to go over RFP procedures and important dates. Following the Pre-proposal meeting there will be a site walk of the various facilities. The time and meeting locations are provided below. **Attendees will be required to find their own transportation to the various locations. Tuesday, January 19, 2016

Pre-Proposal Meeting: 9:00 AM – 9:30 AM Site Walk – 9:30 AM – 10:30AM Cheyenne Campus – June Whitley Student Lounge and Cafeteria

Site Walk – 12:00 PM – 2:00 PM Charleston Campus – Building B Lobby Site Walk – 3:00 PM – 4:00 PM Henderson Campus – Building C Lobby There will not be a site walk to show vending machine locations. Proposers are encouraged to explore these areas on their own. Current vending locations are provided in Attachment J-5.

3. Focus Groups: The focus group forums will be held in order that prospective proposers may obtain feedback from various campus constituents. The purpose of these meetings is for various campus constituents to voice their perspectives on what they are looking for with regard to food and beverage services on campus. Proposers may ask questions. Proposers are advised that these sessions are informational only and that any comments or feedback obtained from campus constituents will not be mandatory requirements of the RFP unless provided in the RFP or written addendum to the RFP.

Focus Group – Faculty/Staff/Students: To Be Determined

4. COLLEGE OF SOUTHERN NEVADA

4.1. The College of Southern Nevada (CSN) is located on three (3) main campuses situated

near residential areas in Las Vegas. As Nevada’s largest institution of higher education, CSN operates three (3) main campuses and seven (7) Academic and Learning Centers (satellite campuses).

5. TERMINOLOGY

RFP The term “RFP” as used throughout this document will mean Request for Proposal.

PROPOSER The terms “Proposer” as used throughout this

document will mean the respondents to this Request for Proposal.

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CAMPUS (ES) The term “Campus” or “Campuses” as used

throughout this document will mean either one or more of CSN’s three (3) main facilities and seven (7) satellite locations.

CONTRACTOR Successful Proposer(s)

CONTRACT DOCUMENTS The Request for Proposal documents, Proposer's

proposal and any mutually agreed upon written modifications

CONTRACT Agreement

DIRECTOR The term “Director” as used throughout this document

will mean the College of Southern Nevada Director of Purchasing.

REQUEST Request for Proposal, RFP CSN College of Southern Nevada

NSHE The Nevada System of Higher Education. NSHE is

Nevada’s public higher education system. It is comprised of two universities, a state college, four community colleges and a research institute and is governed by the Board of Regents.

BOARD OF REGENTS The elective body that has been vested by the

Constitution of the State of Nevada to have exclusive control and administration of NSHE. The Board of Regents is the contracting party for any NSHE contract. The Board of Regents acts on behalf of CSN.

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SECTION B - SUBMISSION INSTRUCTIONS 1. CSN invites you to submit a proposal on the services specified within this Request for Proposal.

Please read carefully all instructions, introduction, general terms and conditions, scope of work and/or specifications, background information, RFP response form, etc. Failure to comply with the instructions, conditions, scope of work and/or specifications of the Request for Proposals may result in your proposal being declared non-responsive.

2. PREPARATION AND SUBMISSION

2.1. The Proposer is expected to examine the entire Request for Proposal including any attachments. Failure to do so will be at the Proposer’s risk.

2.2. All questions related to this RFP should be directed to the Purchasing Department using

the email address on page 1.

2.3. If it becomes necessary to revise any part of this Request for Proposal, a written addendum will be provided to all Proposers. NSHE/CSN is not bound by any oral representations, clarifications, or changes made in the written specifications by CSN employees, unless such clarification or change is provided to Proposers in written addendum form from the CSN Purchasing Department. All addenda must be acknowledged on the RFP Response Form. Proposals may be considered non-responsive in the event Addenda are not acknowledged.

2.4. All proposals shall be typed on 8 ½” x 11” paper with normal margins, single spaced, in

10-point type or larger. Number each page (__ of __ total pages), and include your company name. Tabs should be incorporated to be compatible and in the same order as the Evaluation Criteria listed in Section C, Evaluation of Proposals. (Submittal Content: Tabs 1-5)

2.5. Pricing is to be submitted on the Pricing Response Form provided or true copies

thereof and must be manually signed by pen. If any erasures or changes appear on the form, each such correction must be initialed by the person signing the proposal. Proposers shall include with their forms the necessary documents or attachments as required in this document. All figures must be written in ink or typewritten.

2.6. Proposals along with all required documents as described in this Request for Proposal

must be sealed and submitted in an envelope with the response form and MUST indicate the name of the Proposer, RFP number, title as listed on the first page of the Request for Proposal, and date and time of opening on the outside of the envelope. Telegraph, facsimile, email or telephone proposals will not be considered. Pricing MUST be submitted in a separate sealed envelope.

2.7. The Proposer shall submit one (1) clearly labeled original and five (5) copies of their

proposal, and one (1) copy on a flash drive of their proposal. Be sure to include the Pricing on the flash drive. The name of the proposers’ firm shall be indicated on the spine and/or cover of each binder submitted and the accompanying flash drive. NOTE: Pricing (Tab 5) shall be submitted in a separate sealed envelope.

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2.8. No responsibility will attach to NSHE/CSN or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open, a proposal not properly addressed and identified.

2.9. Alterations, modifications or variations may not be considered unless authorized by this

document or by an addendum. 2.10. When not otherwise specified, Proposer must definitely state time of proposed delivery.

Days must be calculated in consecutive calendar days.

2.11. Any irregularities or lack of clarity in the RFP should be brought to the attention of the CSN Purchasing Department, as soon as possible so an addendum may be furnished to all Proposers.

2.11.1. Any clarification of instructions, terms and conditions, insurance or offer preparation

shall be made only by the individual listed on page one of this Request for Proposal or an assigned Purchasing Representative. Verbal clarifications will not be binding. Written clarifications will be by addenda and posted on the CSN Website: http://www.csn.edu/pages/2144.asp and/or emailed to all prospective Proposers who received a copy of the RFP.

2.12. Altering the Request for Proposal form may render the Proposal null and void.

2.13. Persons or companies submitting an offer for this Request are certifying that they have

had no contact with an employee or member of the Nevada System of Higher Education (NSHE), in any manner which would give that company or person submitting such an offer, any advantage over any other company or person submitting an offer. Employees and members of the NSHE shall not receive any compensation, in any manner or form, nor have any vested interest, directly or indirectly, of any kind or nature inconsistent with loyal service to the public. A violation of the above shall be just cause for rejection of that particular offer without further consideration.

2.14. All Proposers, by signing the RFP Response Form, certify that they agree to the terms

and conditions set forth in this RFP unless otherwise stated.

2.15. All Proposers, by signing the RFP Response Form, certify that they are an Equal Opportunity/Affirmative Action Employer, unless otherwise stated.

2.16. Proposals, attachments and RFP Response Form shall be enclosed in sealed

envelopes and addressed to:

College of Southern Nevada Attn: Rob Maher Purchasing Department, Sort Code CYF110 3200 E. Cheyenne Avenue North Las Vegas NV 89030

2.17. The name and address of the Proposer and the RFP No. 16-0594 shall be clearly

marked on the face of the envelope. If Proposer has already submitted the initial Request for Proposal response prior to receiving the addendum, addenda must be submitted in a sealed envelope and marked in the same manner as the original Request for Proposal.

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2.18. CSN accepts no responsibility or liability for any costs incurred by a responding firm.

There is no guarantee that submitting a proposal to this Request will result in the execution of a contract.

2.19. CSN reserves the right to contract for less than all of the services identified herein.

2.20. The contents of your proposal or other information submitted to CSN are subject to public

release upon request. It is encouraged to submit your proposals without confidential or proprietary information. Reference Section D. 15.

3. LATE PROPOSALS

3.1. Formal, advertised Request for Proposals indicate a time by which the proposal must be received in the CSN Purchasing Department. Any proposal received after that date and time will be rejected and will not be considered or will be returned unopened upon request by, and at the expense of the Proposer. Proposer is responsible for ensuring third party deliveries arrive at the time and place as indicated in this document.

4. PUBLIC OPENING OF RFP’s

4.1. At the date and time stated in this Request for Proposal, all proposals will be opened

publicly and the name of the respondents will be recorded. To maintain confidentiality of all responses, no other information will be revealed at the opening or during the evaluation process. Prospective Proposers, their authorized agents and other interested parties are invited to be present.

5. WITHDRAWAL OF PROPOSAL

5.1. Any prospective Proposers may request withdrawal of a posted, sealed RFP prior to the scheduled opening time provided the request for withdrawal is submitted to the CSN Purchasing Department in writing, or presents themselves in person with proper identification to the CSN Purchasing Department and verbally requests the proposal be withdrawn and signs for its receipt.

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SECTION C - EVALUATION OF PROPOSALS

1. At the date and time stated in this Request, all proposals will be opened publicly and the name of the respondents will be recorded. To maintain confidentiality of all responses, no other information will be revealed at the opening or during the evaluation process.

2. Evaluation of proposals to this RFP will be made by a committee of CSN employees. CSN

reserves the right to create a “short list” of Companies to be interviewed. The Companies invited to interview will be evaluated again using the same criteria, but the second scoring will be based on each Respondent’s/Proposer’s presentation and discussion. At the conclusion of the evaluation, the committee will recommend the company(ies) for award.

3. A contract will be awarded on the basis of which proposal(s) CSN deems best suited to

fulfill the requirements of the RFP. CSN also reserves the right not to make an award if it is deemed that no single proposal fully meets the requirements of this RFP or for financial reasons.

4. CSN may make a single award or multiple awards as a result of this solicitation; however, the actual number of awards will be based on the proposals received and their evaluations.

5. CSN will be the sole judge as to the acceptability, for our purposes, of any and all

proposals. Partial or incomplete proposals will not be accepted.

6. Any letters of recommendation that are submitted with the response, but not specifically requested, will not be evaluated.

7. Proposals will be evaluated according to the evaluation criteria stated below.

8. Submittal Content: Responses to this Proposal should be presented in a clear and

concise manner, be bound and include Tabs. All proposals must include Tabs 1 through Tab 5 and be clearly marked. Tab 5: Cost Proposal shall be submitted in a separate sealed envelope

9. The Proposer is advised that failure to provide adequate evaluation information may result

in a lower evaluation score for the Proposer’s technical approach. Do not include any information regarding cost in Tabs 1 - 4. All information related to cost must be included separately and submitted per the instructions in Tab 5 below.

10. An evaluation committee shall evaluate proposals according to the evaluation criteria

stated below:

Weighted Evaluation Criteria Possible Points 1. Experience, Qualifications, References----------------------------------------- 40 2. Concept of Services ---------------------------------------------------------------- 60 3. Labor/Staffing/Training ------------------------------------------------------------- 20 4. Sanitation/Safety/Quality Assurance/Misc.-------------------------------------- 20 5. Financial/Cost Proposal ---------------------------------------------------------- 60

Total Possible Points 200

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TAB 1. Firm Experience, Qualifications, References

A. Provide a letter which addresses which sections your firm is proposing on and provides an overview of your proposal. The letter should sum up why you believe your firm would be the best candidate for the specific section(s) which you are providing a proposal on. Do not include any information regarding costs or revenues.

B. Provide a brief description of the company (e.g. past history, present status, future plans, services offered). Identify the length of time the company has been in business and an overview of services offered. Identify the number of employees in your firm, the ownership and if the company has ever filed bankruptcy, been in loan default, or if there any pending liens, claims or lawsuits against the firm.

C. Provide the resume, qualifications, and experience of the managers, shift leads/supervisors, and Head Chef that will be managing the operations at CSN.

D. Provide a copy of your business license, food card, and any other information from a State Health Department concerning your company’s ability to provide such services.

E. Disclose any potential conflicts of interest, or appearance of conflict, which might arise if you were selected for this contract.

F. Disclose any conflicts of interest you may have with CSN, NSHE, the Board of Regents, its personnel, or the State of Nevada Legislature.

G. Provide documentation that identifies your ability to properly finance operations throughout the life of the contract preventing any hindrances of services.

H. Provide a client/reference list containing up to six (6) similar private sector or public sector engagements completed or currently being serviced by your company that best represents a similar scope as that listed in this RFP. By providing this information, you are consenting to CSN contacting the references. For each client/reference include the following:

a. Client name b. Client Contact/Phone/e-mail c. Project location d. Private or public client e. Brief scope of work f. Contract term g. Awarded cost and final cost h. Original completion and actual completion date.

TAB 2. Concept of Services (Complete each sub tab that you are proposing for) 2.1 Cheyenne Campus – S Building

A. Describe the concept for this location in sufficient detail to clearly present the concepts proposed for the meals served in this facility. Include a narrative of the following:

a. Menu(s) b. Variety and appeal of menus (food and beverage merchandising techniques) c. Special occasion menus

B. Provide a scope of work that contains all aspects of operating a food service program at

CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s) responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair employment practices, lawful wage and hour practices, OSHA, right to Work, immigration

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laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.2 Charleston Campus – B Building

A. Describe the concept for this location in sufficient detail to clearly present the concepts proposed for the meals served in this facility. Include a narrative of the following:

a. Menu(s) b. Variety and appeal of menus (food and beverage merchandising techniques) c. Special occasion menus

B. Provide a scope of work that contains all aspects of operating a food service program at

CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s) responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair employment practices, lawful wage and hour practices, OSHA, right to Work, immigration laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.3 Charleston Campus – C Building

A. Describe the concept for this location in sufficient detail to clearly present the concepts proposed for the meals served in this facility. Include a narrative of the following:

a. Menu(s) b. Variety and appeal of menus (food and beverage merchandising techniques) c. Special occasion menus

B. Provide a scope of work that contains all aspects of operating a food service program at

CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s) responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair employment practices, lawful wage and hour practices, OSHA, right to Work, immigration laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.4 Charleston Campus – D Building

A. Describe the concept for this location in sufficient detail to clearly present the concepts proposed for the meals served in this facility. Include a narrative of the following:

a. Menu(s) b. Variety and appeal of menus (food and beverage merchandising techniques) c. Special occasion menus

B. Provide a scope of work that contains all aspects of operating a food service program at

CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s) responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair

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employment practices, lawful wage and hour practices, OSHA, right to Work, immigration laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.5 Charleston Campus – I Building

A. Describe the concept for this location in sufficient detail to clearly present the concepts proposed for the meals served in this facility. Include a narrative of the following:

a. Menu(s) b. Variety and appeal of menus (food and beverage merchandising techniques) c. Special occasion menus

B. Provide a scope of work that contains all aspects of operating a food service program at

CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s) responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair employment practices, lawful wage and hour practices, OSHA, right to Work, immigration laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.6 Charleston Campus – K Building

A. Describe the concept for this location in sufficient detail to clearly present the concepts proposed for the meals served in this facility. Include a narrative of the following:

a. Menu(s) b. Variety and appeal of menus (food and beverage merchandising techniques) c. Special occasion menus

B. Provide a scope of work that contains all aspects of operating a food service program at

CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s) responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair employment practices, lawful wage and hour practices, OSHA, right to Work, immigration laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.7 Henderson Campus – C Building

A. Describe the concept for this location in sufficient detail to clearly present the concepts proposed for the meals served in this facility. Include a narrative of the following:

a. Menu(s) b. Variety and appeal of menus (food and beverage merchandising techniques) c. Special occasion menus

B. Provide a scope of work that contains all aspects of operating a food service program at

CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s) responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair

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employment practices, lawful wage and hour practices, OSHA, right to Work, immigration laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.8 Catering – All Campuses

A. Provide the proposed catering/ coffee services and menus as specified in the Scope of Work. Proposers should also provide sample refreshment catering guides in their proposals. (Do not include pricing information in your response to this Section).

B. Please illustrate a method of tracking and reporting of how these special function events

might be managed.

C. Provide a scope of work that contains all aspects of operating a catering service at CSN to include but not limited to operations, sanitation, maintenance, menu, menus changes/rotation, hours of operation, employee shift schedules, Successful Proposer(s)s responsibilities, CSN’s responsibilities, POS system, software, and process, inspections, reports, procurement of food and supplies, employee training, and compliance with fair employment practices, lawful wage and hour practices, OSHA, right to Work, immigration laws and regulations, and State of Nevada’s Health and Food Establishment Regulations. Provide copies of any and all flow charts or checklists used to adhere to standards.

2.9 Snack Vending – All Campuses

A. Provide sample product listings for vending items including brand and unit sizes. (Do not include pricing information in this section).

B. Provide information on your method for continually managing stock so that more of the

most popular products are added to each machine. Provide your proposed schedule for restocking of the machines.

C. Provide information regarding type of vending machines to be utilized in the contract.

Include the manufacturer’s descriptive literature for each brand name and model of vending machine to be used. Discuss the energy efficiency of the proposed vending machine(s). Are the machines Energy Star Compliant? Provide information regarding the security of your machines to prevent theft and vandalism.

D. Provide your plan and schedule for preventative maintenance of the machines. Provide

information regarding response time for repair and restocking request.

E. Provide a scope of work that contains all aspects of operating a snack vending at CSN to include but not limited to operations, locations, quantities, methods of accounting for products, commissions, types of products, restocking schedules, types of machines, machine maintenance/service plan, and refund process.

2.10 Beverage Vending – All Campuses

A. Provide sample product listings for vending items including brand and unit sizes. (Do not include pricing information in this section).

B. Provide information on your method for continually managing stock so that more of the

most popular products are added to each machine. Provide your proposed schedule for restocking of the machines.

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C. Provide information regarding type of vending machines to be utilized in the contract.

Include the manufacturer’s descriptive literature for each brand name and model of vending machine to be used. Discuss the energy efficiency of the proposed vending machine(s). Are the machines Energy Star Compliant? Provide information regarding the security of your machines to prevent theft and vandalism.

D. Provide your plan and schedule for preventative maintenance of the machines. Provide

information regarding response time for repair and restocking request.

E. Provide a scope of work that contains all aspects of operating a beverage vending at CSN to include but not limited to operations, locations, quantities, methods of accounting for products, commissions, types of products, restocking schedules, types of machines, machine maintenance/service plan, and refund process.

2.11 Beverage (Fountain and Bottle Drinks) – All Campuses

A. Experiences & References a. Provide a minimum of five (5) client references that are preferably higher education

institutions similar in size and scope to CSN for which the proposer is currently providing a beverage contract for fountain and bottled drinks. For each reference provide the following: i. Name and location of College, University or Institution, ii. Name and title of representative from the College/University with the authority

over the contract iii. Telephone and E-mail address of contact iv. Length of time the Proposer has been associated with the Institution or

Organization v. Number of students attending the College/University vi. Provide Past Performance Financial Data for each reference to include graphs

as follows: 1. Total return (in dollars $) on fountain and bottled beverage sales to

reference institution (y-axis) vs. time in years (as a date, not 1, 2, 3, etc.) (x-axis);

2. Total return on fountain and bottled beverage sales (as a percentage % of gross sales) to reference institution (y-axis) vs. time in years (x-axis);

b. Provide the contact name, address, phone number, and fax number of five (5) client references of accounts in areas of similar size to CSN, who are currently being serviced by the proposed distribution facility(s) and have been for 2 or more consecutive years.

B. Plan and Approach

a. Provide list of beverage products and unit sizes available. Do not provide price information in this section.

b. Which distribution facility(s) will be used? Location? Size? Number of clients equal in size or larger?

c. Identify your proposed management structure to oversee contract fulfillment and experience level of each manager in managing a similar sized account.

d. List and description of proposed products and machinery by each location, for all areas.

e. Provide information on marketing and promotions programs schedule to enhance, promote, and support these operations.

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f. Provide proposed service and maintenance schedule for all equipment provided. g. Provide format for placing orders and repair calls. h. Provide proposed phase-over schedule to have all equipment in place by August 1,

2016. i. Provide any additional information that is important to your proposal for fountain

and bottled drinks. TAB 3. Labor/Staffing/Training

A. Provide the following information about your firm's labor and training practices.

a. Detail recruiting techniques and sources of non-management labor. b. Describe personnel related functions designed to maintain compliance with all

local, state, and federal laws including but not limited to: i. Fair employment practices; ii. Lawful wage and hour practices; and iii. Occupational safety and health requirements. iv. Compliance with Right to Work / Immigration Laws

c. Training Practices

i. Briefly describe the program for training entry level foodservice and production personnel.

ii. Briefly describe the program for training supervisory and management-level personnel.

iii. Briefly describe recognition and reward programs for all staff levels. iv. Describe skill validation process for new employees (hourly and

management). v. Describe methods used to train employees to execute their duties in the

best interest of CSN. TAB 4. Sanitation / Safety / Quality Assurance / Miscellaneous

A. Briefly describe sanitation and safety practices and the anticipated program to train and reinforce these standards in the foodservice facility. Programs should be fashioned after such programs as Serve Safe and HAACP. See additional requirements in Section F Scope of Work/Specifications.

B. Outline sanitation and safety inspection procedures for the operations. Provide a sample

copy of any checklist used during inspection. Indicate the frequency of inspections and the individual(s) responsible for completing the inspections.

C. Detail your company’s communication protocol and how you will apply it to ensure CSN is

notified of unforeseen issues, service completion, and service updates.

D. Provide an outline of your safety procedures to ensure all state, federal, and local protocols are adhered to.

E. Provide a narrative on your company’s quality assurance program and how it is used to

improve food quality, daily food and portion consistency, safety, customer service, and other efficiencies.

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F. Describe how your company plans to incorporate sustainability ideals to reduce waste and promote environmental concerns. CSN has recently launched a recycling program. Discuss how your company will actively participate in the recycling and sustainability efforts at CSN, specifically the food service and dining areas.

G. Provide a narrative on the various marketing techniques that will be utilized to promote the

food service and food concepts.

H. Discuss your firm’s commitment to reducing energy consumption and utilizing energy conserving equipment in the performance of this contract.

I. Submit an implementation plan that includes steps/processes that will be needed to start

operations.

J. Provide methods, programs, incentives that your company has used in the past to work with a Contract Owner to bolster the food service program.

K. Provide a narrative on your knowledge and adherence with the laws, regulations, and

policies for these services directed by the United State Department of Agriculture (USDA), NRS 446, the Southern Nevada Health District (SNHD), and other State and Federal regulations.

L. Discuss in detail how your company will introduce local companies into your supply chain to service CSN. Also describe your company’s willingness to work with CSN’s supplier inclusion coordinator to identify local, small business to supply food items (e.g. produce, coffee, tea, etc.) as part of the proposed contract. This is a very important aspect to the proposed contract.

TAB 5. Financial/Cost Proposal A. Cost proposals must be submitted in separate, sealed envelopes. Note: No cost

information is to be included in the Proposer’s technical proposal (Tab 1 through Tab 4). The Technical and Costs proposal envelopes should be submitted together in a single sealed package/envelope. Provide one (1) original, and one (1) copy of your cost proposal. Include the cost proposal on the flash drive.

B. Cost proposals shall complete the Pricing Response Form (Section G).

C. Alternative Cost Proposals: Proposers may submit an alternative financial/cost structure in addition to the Pricing Response Form for consideration. Alternatives can be a profit/loss, flat rate, or any other structure that has been shown successful at other locations.

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SECTION D - REQUEST FOR PROPOSAL GENERAL TERMS AND CONDITIONS 1. ACCEPTANCE PERIOD

1.1. The Proposer agrees to a minimum of a one hundred and twenty (120) calendar day acceptance period from the date of public opening.

2. AWARD OF CONTRACT

2.1. Award will be made to the most responsible and responsive Proposer(s). The basis of award will be determined by evaluation of items as listed in Section C, titled "Evaluation of Proposals" and any other established purchasing methods that are applicable, which may include quality, availability, financial capability and service, all in the best interests of the requesting department and CSN.

2.2. The anticipated contract(s) award is contingent upon Proposer accepting the College of

Southern Nevada’s terms and conditions and successful negotiation of a contract.

2.3. The Proposer is solely responsible for the content of its proposal that best meets the evaluation criteria set forth in the Request for Proposal. Previously published data in support of experience, financial or performance capability will be evaluated if such data reflects a current position and such data is submitted as a part of the response to the Request for Proposal.

2.4. CSN reserves the right to reject any or all proposals or any part of the proposal and to

waive informalities and minor irregularities in the proposals received.

2.5. A formal Contract will be signed by the successful Proposer(s) and the Board of Regents of the Nevada System of Higher Education on behalf of the College of Southern Nevada to perform this service.

2.6. The Minimum Contract Terms and Conditions contained in Attachment J-4 or, in the sole

discretion of CSN, terms and conditions substantially similar to those, will constitute and govern any agreement that results from this RFP. If the Proposer takes exception to any terms or conditions set forth in the contract, then the Proposer will submit a specific list of the exceptions as part of its response to this RFP. Proposer’s exceptions will be reviewed by CSN and may result in disqualification of Proposer’s offer as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of the Proposer’s response, then CSN may consider Proposer’s exceptions when evaluating the Proposer’s response.

2.7. The CSN Purchasing Department reserves the right to enter into discussions with any one

or all of the Proposers after proposals have been initially reviewed by CSN. Such discussions may be for clarification of proposal content contained in a responsive proposal and/or may result in a request for a "Best and Final" offer from Proposer(s). Such responses shall be subject to all provisions, terms and conditions as set forth in the Request for Proposal, unless otherwise modified.

3. DISQUALIFICATION OF PROPOSERS

3.1. Proposers may be disqualified and rejection of proposals may be recommended by the CSN Purchasing Department for any of (but not limited to) the following causes:

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3.1.1. Failure to use the forms furnished by CSN.

3.1.2. Lack of signature by an authorized representative on the RFP Response Form.

3.1.3. Failure to properly complete the response.

3.1.4. Evidence of collusion among Proposers.

3.1.5. Unauthorized alteration of forms.

3.2. Failure to submit requested documents.

3.3. Failure to furnish proof of receipt of any addendum pertaining to this solicitation.

3.4. Any Proposer who has defaulted on prior contracts or is guilty of misrepresentation by any

member of that particular company.

3.5. CSN reserves the right to waive any minor informality or irregularity. 4. FAILURE TO FURNISH AT SPECIFIED PRICE

4.1. If a Successful Proposer(s) fails to furnish any item at the price specified in the offer,

whether such failure is due to a mistake of fact by the Proposer or any other reason, the Associate Vice President for Procurement and Auxiliary Services, may cause the name of such Proposer to be removed from the list containing the names of prospective Proposers to whom Request for Proposals are mailed, for such period of time, not exceeding one (1) year or less than six (6) months, or the payment of a penalty of five (5) percent of total price of all items on which was submitted, as the Associate Vice President for Procurement and Auxiliary Services may determine.

5. INSPECTION AND ACCEPTANCE

5.1. Inspection and acceptance (when applicable) will be made at destination.

6. PAYMENT TERMS

6.1. Payments shall be made within thirty (30) days of acceptance of the related invoice, unless otherwise stated. Should the acceptance of such invoices be in doubt, the Successful Proposer(s) shall not be due any interest or penalty on any unpaid amounts.

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7. PROMPT PAYMENT DISCOUNTS

7.1. The offered discount of a Successful Proposer(s) will not form a part of the award evaluation. In connection with any discount offered, time will be computed from the date of delivery of the equipment or supplies at destination or from the date the correct invoice is received by CSN, whichever is later. Payment is deemed to be made for the purpose of earning the discount the date the CSN check is mailed.

8. PROTESTS

8.1. Any Bidder who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. The protest must be submitted in writing to the Director of Purchasing, within five (5) business days after the date the recommendation to award a contract is issued by the Owner or authorized representative. If the protest is not resolved by mutual agreement, the Director of Purchasing will promptly issue a decision in writing to the Protestant. If the Protestant wishes to appeal the decision rendered by the Director of Purchasing, such appeal must be made in writing to the Vice President for Finance, CSN, within five (5) business days from the date of the letter issued by the Director of Purchasing. The decision of the Vice President for Finance will be final. The Vice President for Finance need not consider protests unless this procedure is followed.

8.2. To be considered, all Protests must identify the following:

8.2.1. The name, address, and telephone number of the protester, 8.2.2. The signature of the protester, 8.2.3. Identification of the solicitation title and number being protested, 8.2.4. A detailed written statement setting forth the specific reasons the Bidder submitting

the protest believes the applicable provisions of the law were violated. (copies of relevant documents should be included), and

8.2.5. The form of relief requested.

8.3. The Bidder filing the protest shall be required, at the time the protest is filed, to post a bond with a good and solvent surety authorized to do business in this state, or submit other security, defined as a cashier’s check, money order or certified check, to the Owner who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with the protest must be in an amount equal to the lesser of: A. 25% of the total value of the base bid submitted by the Bidder filing the protest; or B. $250,000.

8.4. The protest filed in accordance with these provisions operates as a stay of action in relation to the award of this contract until a determination is made by CSN on the protest. An unsuccessful Bidder may not seek any type of judicial intervention until CSN has made a determination on the protest and awarded the Contract. Neither CSN nor the authorized representative is liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a Bidder, whether or not the person files the protest pursuant to this clause. If the protest is upheld, the bond posted or other security submitted with the protest must be returned to the Bidder who submitted the protest. If the protest is rejected a claim may be made against the bond or other security by CSN in an amount equal to the

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expenses incurred by CSN because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the Bidder who posted the bond or submitted the security.

9. COMPLIANCE

9.1. Proposers are required to comply with all applicable OSHA, EPA, ADA, HIPAA, FERPA, NCAA, GLBA provisions and any and all other relevant state and federal standards, codes and regulations that may apply.

10. SMALL AND LOCAL BUSINESS CONCERNS REPORTING REQUIREMENTS

10.1. CSN supports equal opportunity for minority owned, women-owned, and other small disadvantaged business enterprises (MWDBE) to compete for contracts awarded by CSN. CSN also supports efforts to encourage local businesses to compete for CSN contracts. In addition, CSN supports finding opportunities for such (MWDBE) and local business concerns to participate as subcontractors or Tier 2 suppliers in large contracts. A “tier 2 supplier” or subcontractor is a supplier who is contracted for goods or services with the prime contractor, and may include, but is not limited to (MWDBE) and local business enterprises.

10.2. In compliance with NSHE policy, a Proposer responding to any RFP for the purchase of

goods or services that is anticipated to exceed $1,000,000 at any time during the life of the contract shall provide the following reporting information in its response:

10.2.1. Proposer’s historical and anticipated commitment to Tier 2 MWDBE and local

business enterprises. At a minimum, Proposer must provide historical information for the most recently completed fiscal year (July 1 through June 30) and their anticipated commitment to the current fiscal year in which this RFP is issued.

10.2.2. A listing of Tier 2 suppliers, including local and MWDBE suppliers, that will be given

the opportunity to be considered and/or utilized as subcontractors for any work performed as a result of this RFP. The listing must include the following information:

10.2.2.1. The name, city and state 10.2.2.2. Type of Tier 2 status (local, women owned, minority/and or disadvantaged) 10.2.2.3. Any certification of such status including the entity granting the certification if

applicable

10.2.3. This is a reporting requirement and will not be used for evaluating any Proposal. However, failure to provide a complete Proposal in response to this RFP could result in rejection of the submittal as incomplete.

10.3. Any award from this RFP that results in a contract for goods or services that is

anticipated to exceed $1,000,000 at any time during the life of the contract will require the Proposer to provide, at a minimum, annual reports listing expenditures with MWDBE and Local Subcontractors. These reports pertain only to expenditures that are directly attributable to the CSN prime Contract. The report shall contain the following information:

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10.4. The name, city and state; type of Tier 2 status (local, women owned, minority/and or disadvantaged); and any certification of such status including the entity granting the certification if applicable. If a business concern meets more than one definition (e.g. local and women-owned, or minority and women owned), that should be identified.

10.5. A description of the goods or services purchased

10.6. The amount of expenditures with the subcontractor attributed to the prime contract for the

most recent completed fiscal year (July 1 through June 30)

10.7. The reporting information must be available to CSN by September 15

10.8. Definitions

10.8.1. Definition of Local Business Enterprise. "Local Business Enterprise" is intended to mean a business concern that is a) owned 51% or more by Nevada residents, b) is headquartered in Nevada, or c) a majority of employees of the business are Nevada residents.

10.8.2. Definition of Disadvantaged Business Enterprise (DBE). "Disadvantaged Business

Enterprise" is intended to mean a business concern owned by a minority or woman that is at least fifty-one percent (51%) unconditionally owned by one or more minority or women individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least fifty-one percent (51%) of its stock unconditionally owned by one or more such individuals and that has its management and daily business controlled by one or more such individuals. Individuals who certify that they are a member of named groups, i.e. African Americans, Hispanic Americans, American Indians and Alaska Natives (Eskimos and Aleuts) and Asian and Pacific Island Americans are to be considered socially and economically disadvantaged.

10.8.3. Definition of Minority Business Enterprise (MBE). "Minority Business Enterprise" is

intended to mean a business concern owned by one or more minority individuals that is at least fifty-one percent (51%) unconditionally owned by one or more minority individuals, or a publicly owned business that has at least fifty-one percent (51%) of its stock unconditionally owned by one or more such individuals and that has its management and daily business controlled by one or more such individuals. Individuals who certify that they are a member of named groups, i.e. African Americans, Hispanic Americans, American Indians and Alaska Natives (Eskimos and Aleuts) and Asian and Pacific Island Americans are to be considered socially and economically disadvantaged.

10.8.4. Definition of Women-Owned Business Enterprise (WBE). "Women-Owned Business

Enterprise" is intended to mean a business concern owned by one or more women that is at least fifty-one percent (51%) unconditionally owned by one or more women, or a publicly owned business that has at least fifty-one percent (51%) of its stock unconditionally owned by one or more such individuals and that has its management and daily business controlled by one or more such individuals.

10.8.5. Definition of Disabled Veteran Business Enterprise (DVBE). "Disabled Veteran

Business Enterprise" is intended to mean a business concern which performs a

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commercially useful function and is at least 51% owned and controlled by one or more veterans/disabled veterans who have served in the active military and discharged under conditions other than dishonorable.

10.8.6. Definition of Small Business Enterprise (SBE). "Small Business Enterprise" is

intended to mean a business concern which performs a commercially useful function, is not owned and controlled by individuals designated as minority, women, veterans, or physically-challenged, and where gross annual sales does not exceed $2,000,000.

10.9. All Proposers, by signing this RFP Response Form, certify that they are an Equal

Opportunity/Affirmative Action Employer, unless otherwise stated 11. SUSTAINABILITY

11.1. A key focus of CSN is to minimize the impact the procurement of goods and services has on the local environment. CSN is committed to sustainable economic, social, and environmental practices in all operations which CSN is involved. It is important that Proposers share this commitment as well. Therefore, sustainable goods and services should be offered whenever available and specifically when required in the proposal documents.

11.2. CSN may request the Successful Proposer(s) to provide reports related to sustainability

on all goods and services provided under this proposal. Reports may include, but are not limited to: sustainable attributes of each product or service, the dollar and percentage amount spent on sustainable or environmentally preferred products and services, and the total amount spent by CSN.

12. CONFLICT OF INTEREST

12.1. Companies submitting a Proposal in response to this RFP are certifying that it has had

no contact with an employee or member of the NSHE/CSN in any manner which would give that Company submitting such a Proposal, any advantage over any other Company submitting one. Employees and members of the NSHE/CSN shall not receive any compensation, in any manner or form, nor have any vested interest, directly or indirectly, of any kind or nature inconsistent with loyal service to the public. A violation of any of the above shall be just cause for rejection of that particular Proposal without further consideration.

13. DEFAULT OF CONTRACT

13.1. In case of default of the Contract by Successful Proposer(s), CSN may procure the articles or services from the other sources and hold the Successful Proposer(s) responsible for any excess cost occasioned thereby; provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at the proper reduction in price or increase payment, as applicable.

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14. TAXES, LICENSES AND PERMITS

14.1. It is the Proposers’ responsibility to secure all required licenses, permits and insurance necessary for the proper execution and completion of the work/Services involved. CSN is exempt from paying state, local and federal excise taxes.

14.2. Companies conducting business for profit in Nevada are required to have a current

Nevada business license pursuant to NRS 76.100 (1) unless the entity is either a) a non-profit corporation or b) meets the requirements for an exemption and has filed the appropriate notice of exemption with the Nevada Secretary of State. By submitting its Proposal, the Proposer certifies that it has a current Nevada business license or it is exempt and agrees to provide immediate notice to CSN’s Purchasing Department in the event the license is no longer valid.

14.3. NSHE/CSN is exempt from Nevada State sales tax as provided by Nevada Revised

Statutes 372.325 and 374.330. The NSHE/CSN State Tax Exempt Number is RCE-000-441. The Federal Tax ID number is 88-6000024.

15. PROPOSALS NOT TO CONTAIN CONFIDENTIAL/PROPRIETARY INFORMATION

15.1. Responses are not to contain Confidential/Proprietary Information. NSHE is subject to the Nevada Public Records Law, Nevada Revised Statutes, Chapter 239. Pursuant to NRS 239.010, et seq., each and every document provided to NSHE is presumed to be a "public record" open to inspection and copying by any person. Responses must contain sufficient information to be evaluated without reference to any confidential or proprietary information. Any Response submitted that is marked "confidential" or "proprietary," or that contains materials so marked, may be returned to the Bidder and not be considered for award.

15.2. All Information in the Responses will be Released Pursuant to a Public Records

Request. The NSHE advises that the content of your proposal or other information submitted to the NSHE is subject to public release, upon request, after contract award. If there is a request under the Public Records Law to inspect any part of the proposal including any information marked as "confidential" or "proprietary," NSHE will give no less than 14 calendar days’ notice to the Bidder of NSHE's intent to release all information requested in order to allow the Bidder the opportunity to seek court protection from public release of the information which the Bidder asserts is confidential. In the absence of an order by a Nevada court, with jurisdiction over NSHE, not to release the requested information or documents, it will be released.

15.3. NSHE shall not be Liable for Disclosure of Proposer's Documents or Information.

NSHE shall not in any way be liable to Bidder for the disclosure of any information contained in Bidder's response to the RFP. Furthermore, Bidder represents and warrants that any document or information it provides to NSHE does not contain proprietary or confidential information owned or controlled by a third-party. If NSHE is required to defend an action with regard to information or documents provided by Bidder that is alleged to contain confidential or proprietary information owned or controlled by a third-party, Bidder shall defend and indemnify NSHE, its officers, employees and agents from any against any and all such claims, demands, losses, damages, costs and expenses, including attorney's fees and costs.

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SECTION E - PURCHASE ORDER TERMS AND CONDITIONS 1. ADDITIONS/CHANGES

1.1. No extra work, additions, alterations, including changes in price will be paid by NSHE/CSN

unless agreed to and performed pursuant to and in accordance with a written revision to the order.

2. CANCELLATIONS

2.1. NSHE/CSN reserves the right to cancel this order without cause at any time. An equitable adjustment in price and/or delivery schedule will be negotiated for products completed or in process at the time of the cancellation, but in no event shall NSHE/CSN be required to pay more than Seller’s actual cost of labor and supplies consumed to the point of cancellation.

3. CONFLICTING TERMS

3.1. The above terms and conditions may only be modified by NSHE/CSN with the exception of clauses which may be in conflict with any bid, proposal or contract pertaining to this solicitation. Bid, proposal or contract terms and conditions will take precedence.

4. DEBARMENT/SUSPENSION STATUS

4.1. The proposer/Successful Proposer(s) certifies that it is not suspended, debarred or ineligible from entering into contracts with the Executive Branch of the Federal Government, or in receipt of a notice of proposed debarment from any State agency or local public body.

5. DELIVERY

5.1. Delivery must be made within the time stated and only to the destination stated on this

order. If Seller fails to deliver on time, NSHE/CSN reserves the right to purchase elsewhere, and may reject goods and services not delivered or furnished on the date specified on this order.

6. GOVERNING LAW

6.1. Seller agrees that the laws of the State of Nevada shall govern the validity, construction, interpretation, and effect of this order. Any and all disputes arising out of or in connection with the order shall be litigated only in the 8th Judicial District Court in and for Clark County, State of Nevada, and Seller hereby expressly consents to the jurisdiction of said court.

7. HAZARDOUS MATERIALS

7.1. Sellers furnishing supplies which contain hazardous materials must label each container listing the identity of such material. Each carton or package must also be identified on the outside with the appropriate hazard warning. Seller must furnish the necessary MSDS for each chemical, substance or product listed on this order. The Purchase Order Number must appear on all MSDS material pertaining thereto.

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8. INDEMNIFICATION

8.1. Seller, shall indemnify, defend and hold harmless NSHE/CSN from and against any and all liabilities, claims, losses, lawsuits, judgments and or expenses, including attorney fees, arising either directly or indirectly from any act or failure to act by the Seller or any of its officers, employees and agents, which may occur during or which may arise out of the performance of this order.

9. INSURANCE

9.1. All Successful Proposer(s) performing work on NSHE/CSN premises are to provide evidence of coverage for: General Liability, Worker’s Compensation, Automobile Liability, Professional Liability or any other insurance at the minimum limits as required.

10. INVOICES

10.1. Submit invoice(s) as instructed on the face hereof immediately upon delivery or completion of order. The purchase order number must be referenced on the invoice.

11. NON-DISCRIMINATION

11.1. The Seller shall not employ or contract with any firm or organization that is unfit or unskilled in the work to be performed. He shall not discriminate or allow discrimination against any employee or applicant for employment because of sex, sexual orientation, religion, age, disability, race, color, creed, or national origin. He shall comply with and shall require his/her Subcontractors to comply with the applicable provisions of Title 28 and Title 53 of the Nevada Revised Statutes.

12. PRICE WARRANTY

12.1. Seller warrants that the price(s) for the items or services sold hereunder are not less favorable than those extended to any other customer (whether government or commercial) for the same or similar items or services in similar quantities. In the event the Seller reduces its price(s) for such items or services during the term of this order, Seller agrees to reduce the price(s) hereof accordingly. Seller warrants that price(s) shown on this order shall be complete and no additional charges of any type shall be added without express written consent from CSN.

13. PROMPT PAYMENT DISCOUNT

13.1. Seller’s prompt payment discount is to be calculated from date of receipt of shipment,

completion of services or date of receipt of correct invoice, whichever is later. 14. PURCHASE ORDER NUMBERS

14.1. CSN purchase order numbers must appear on all packing slips, shipping documents, labels, and invoices.

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15. QUANTITY AND QUALITY

15.1. The quantity term stated on this order shall be complied with strictly, as stated. The Seller warrants that all goods, materials, or work furnished are of reasonable average quality and would meet such a standard of description in the trade.

16. STANDARDS AND REGULATIONS – FEDERAL AND STATE

16.1. In performance of the order, Seller shall comply with all federal, state and local laws, rules, ordinances and regulations, and all materials and work or services furnished hereunder shall be produced or furnished in full and complete compliance therewith.

17. TAX EXEMPTION

17.1. NSHE/CSN is exempt from Nevada State sales tax as provided by Nevada Revised Statutes 372.325 and 374.330. The NSHE State Tax Exempt Number is RCE-000-441. The Federal Tax ID number is 88-6000024.

18. TERMINATION FOR DEFAULT

18.1. In the event of the Seller’s default hereunder, NSHE/CSN may exercise any or all legal rights available, both at law or in equity. The prevailing party shall be entitled to attorneys’ fees and costs. A breach or default may be declared with or without termination. The Seller’s obligations that by their terms would ordinarily be expected to survive a termination or an order will survive indefinitely.

19. WARRANTY

19.1. Seller expressly warrants that all items or services covered by this order will conform to the drawings, specifications or samples (if any) or other description furnished by NSHE/CSN. All items or services will be fit and sufficient for the purpose intended as an implied warranty of merchantability.

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SECTION F - SCOPE OF WORK/SPECIFICATIONS 1. SCOPE OF WORK/OBJECTIVES

1.1. The Successful Proposer(s) shall provide CSN with dining services, management and operations personnel, technical support, training, equipment maintenance, food product, supplies, materials, systems, other resources, and effort necessary to manage and operate on-campus food services, catering services, snack vending services, beverage vending services, beverage (fountain and bottle drinks) at a level of quality that consistently meets or exceeds CSN’s expectations.

1.2. The Successful Proposer(s) shall provide food service, snack/beverage vending, and catering operations at three (3) main campuses. Proposers(s) will have the choice of any or all of the following buildings to base their operations on. Successful Proposer(s) will be allowed creativity, flexibility, and innovation to improve food operations and increase sales, emphasizing flexibility, variety, convenience, and value. A list of CSN provided equipment can found at Attachment J-3.

1.2.1. Cheyenne Campus 1.2.1.1. S Building:

1.2.1.1.1. 1,275 sq. ft. for food prep/service and storage areas 1.2.1.1.2. 3,032 sq. ft. for the Lounge area

1.2.2. Charleston Campus: 1.2.2.1. B Building:

1.2.2.1.1. 651 sq. ft. for food prep/service area 1.2.2.1.2. 778 sq. ft. for outside lounge area 1.2.2.1.3. 1,371 sq. ft. for inside lounge area

1.2.2.2. C Building: 1.2.2.2.1. 410 sq. ft. for service area 1.2.2.2.2. 133 sq. ft. for storage area

1.2.2.3. D Building: 1.2.2.3.1. 169 sq. ft. for service area 1.2.2.3.2. 239 sq. ft. for food prep area

1.2.2.4. I Building: 1.2.2.4.1. 735 sq. ft. for service and seating area 1.2.2.4.2. 149 sq. ft. for storage area 1.2.2.4.3. 137 sq. ft. for office area 1.2.2.4.4. 75 sq. ft. hallway

1.2.2.5. K Building: 1.2.2.5.1. 671 sq. ft. kitchen 1.2.2.5.2. 415 sq. ft. service area 1.2.2.5.3. 906 sq. ft. sitting area

1.2.3. Henderson Campus: 1.2.3.1. C Building:

1.2.3.1.1. 617 sq. ft. for food prep/service area and office 1.2.3.1.2. 1,536 sq. ft. in the sitting area

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1.3. Objectives

1.3.1. To provide a food service that students and faculty will want to frequent. 1.3.2. To provide patrons with a variety of high quality and tasty food choices. 1.3.3. To provide catering services to various CSN organizations and departments on an

as requested basis. 1.3.4. To provide inviting food service programs that support CSN’s academic, social and

cultural objectives 1.3.5. To create clean, safe, exciting and attractive dining environments 1.3.6. To provide exceptional service and convenient operating hours that support student

lifestyle needs across campus. 1.3.7. To maintain a variety of flexible and research driven food concepts 1.3.8. To provide a first class, professional non-exclusive catering service 1.3.9. To effectively market the dining service program

1.4. Operating Calendar: The following is the current schedule. Successful Proposer(s) may

propose an alternative schedule but the following must be at a minimum. 1.4.1. Fall and Spring Semesters

1.4.1.1. Monday – Thursday: 7:30am through 6:00pm 1.4.1.2. Friday and Saturday: 7:30am through 3:00pm 1.4.1.3. Sunday: Closed

1.4.2. Winter and Summer Sessions 1.4.2.1. Services during these times will be limited due to the low number of

students. 1.4.2.2. Locations and times shall be determined within thirty (30) days prior to the

end of the Fall and Spring semesters. 1.4.3. CSN currently observes the following list of holidays: The foodservice program will

be closed eleven (11) days to observe the following holidays. New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Nevada Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day

2. FOOD SERVICES

2.1. The Successful Proposer(s) shall provide food service operations to include the sale of hot and cold prepared items. The facilities are currently configured in a kitchen and café style. The Successful Proposer(s) will be able to propose their idea/approach to how best serve CSN’s population.

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2.2. The Successful Proposer(s) shall provide mobile food vendors (food trucks) to augment services during down times to include but not limited to renovations, repairs, emergencies, power outages, or special events (upon request).

3. CATERING / HOSTING 3.1. Successful Proposer(s) shall provide various catering services at each campus. 3.2. Successful Proposer(s) shall develop and furnish a complete catering program that is in all

ways consistent with the image that the CSN projects to its internal and external publics. 3.3. Catering services provided shall be non-exclusive. CSN students, staff, faculty, and

visitors shall have the option of using other catering providers for both on and off-campus events.

3.4. The Successful Proposer’s catering services and menus shall reflect the diverse needs of the CSN students, faculty, staff and administration and other users of the catering services. The Successful Proposer(s) shall provide consultation on menu and services and provide advice on effective arrangements to the person or group requesting catering service.

3.5. Flexibility is a recognized requirement; however, the Successful Proposer(s) shall annually prepare and furnish a catering guide to include all serving, service and pricing options, catering policies, and minimum and additional charges. The cost of preparing, printing and distributing the catering guide shall be borne by the Successful Proposer.

4. SNACK VENDING SERVICES 4.1. Objectives

4.1.1. Provide a convenient, reasonably priced variety of vending snacks for CSN students, staff, and visitors

4.1.2. Contract with a vendor whom will provide well-maintained, working vending machines, which are serviced and filled on a regular basis.

4.1.3. Take over services upon the termination of the current snack vending services contract which expires May 6, 2016.

4.2. Scope of Work 4.2.1. Vending Locations: Successful Proposer(s) shall operate snack vending machines;

dispensing snacks and/or other non-beverage items at vend prices at all three (3) CSN’s campuses. The Successful Proposer(s) must be able to expand to other facilities as CSN grows. CSN reserves the right to exclude vending services in locations where it is determined such service is or would be in conflict with operational or other contractual obligations of CSN.

4.2.2. Number of Machines: The Successful Proposer(s) and CSN will mutually agree upon the number of machines to be provided and their location. Replacement, relocation and additions of machines must be approved in advance by CSN.

4.2.3. Product Selection: CSN shall have the ability to be involved in product selection and be allowed to request a product change.

4.2.4. Vending Machines: 4.2.4.1. The Successful Proposer(s) will supply, install, service and maintain new,

state-of-the-art vending. The Successful Proposer(s) must provide changers that will accept the new currency as it is introduced. CSN would expect that the Successful Proposer(s) would be prepared with current

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trends in vending machine technology and work with CSN to adjust where feasible and desirable.

4.2.4.2. Vending machines must remain in top condition throughout the term of the contract.

4.2.4.3. Each vending machine shall be energy efficient made up of current technology to minimize electrical consumption to the maximum extent possible.

4.2.4.4. For snacks, machines shall be a multi-vending type, capable of dispensing candy and snack products from a single machine and which provide patron with visual access to products.

4.2.4.5. All vending machines shall have non-resettable meters/counters unless specific waiver is requested and approved prior to award of contract. CSN will have the right to audit the machines during reloading at any time.

4.2.4.6. All Vending machine fronts will be decorated in a pleasant and attractive manner deemed acceptable to CSN.

4.2.4.7. The Successful Proposer(s) will provide an identification number and place a sticker or decal on each machine giving the telephone number to be called for service.

4.2.5. Restocking Schedule: A schedule for stocking machines should be provided/maintained to verify timing of past restocking and plans for future restocking based on machine usage.

4.2.6. Vending Machine Maintenance: CSN recognizes that in order to maximize the revenues, the reliability of the machinery, the response time of the repair crew and the “trade out” of damaged equipment are key factors. CSN places a significant value on keeping the equipment operating at peak capacity with a minimum down time. Emphasis needs to be placed on the speed at which repair calls are handled, the number of repeat calls for like repairs, and the availability of replacement machines. CSN requires the Successful Proposer(s) to have available the following:

4.2.6.1. A repair service available between 7:00AM – 8PM Monday through Friday with a guaranteed three (3) hour maximum response time.

4.2.6.2. An equipment replacement guarantee for any equipment which cannot be brought up to full working capacity in less than forty-eight (48) hours.

4.2.6.3. A preventive maintenance program for all equipment installed to ensure proper and continuous operation.

4.2.6.4. A dedicated service technician to CSN throughout the term of the agreement.

4.2.6.5. Vending machines shall each be assigned an identification number which will also serve as the location identification. Successful Proposer(s) shall provide CSN with a monthly (or as requested by CSN) report containing machine type, serial number of machine, location of machine, service problem, date of service call, date service issue resolved and number of service calls in the prior twelve (12) months for the machine.

4.2.7. Inspection by CSN: CSN reserves the right at any time to inspect the purchase, installation, service and maintenance records of machines. All machines must be maintained in excellent operating condition. CSN reserves the right at any time to reject any machine if operating reliability is objectionable.

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4.2.8. Refunds: CSN shall designate a location at various vending sites throughout campus where refunds due to malfunction of equipment, may be made with funds provided by vending Successful Proposer. CSN reserves the right to approve all refund processes and procedures.

4.2.9. Theft & Vandalism: CSN is not responsible for damage to machines or losses due to theft or attempted theft, vandalism, and breakage of any of the vending machines owned by the Successful Proposer(s) or products contained therein.

4.2.10. Costs and Services: The Successful Proposer(s) is responsible for paying the cost of all merchandise, services, and other expenses in connection with the operation of its business.

4.2.11. Utilities: CSN will provide existing 110 volt electric service at the site of the installation of the vending machines, at CSN’s expense. The cost of the electricity used in conjunction with the operation of the vending machines will be borne by CSN. No change or alteration of electric service will be made by the Successful Proposer(s) without the prior written authorization of CSN Representative. In the event that an installation of a machine causes disruption of the electrical service at the premises, the Successful Proposer(s) will immediately discontinue use of the machine and either install a dedicated electrical circuit at the Successful Proposer’s expense, or request approval from the CSN Representative to relocate the machine. In the event that a CSN department requests that a machine be installed at a specific location, as approved by the CSN Representative, and this location requires a dedicated electrical circuit, then the requesting CSN department shall pay for the cost of providing this dedicated electrical circuit. For any machines that require water, the Successful Proposer(s) must use existing CSN provided water sources. The cost of the water used in conjunction with the operation of the vending machines will be borne by CSN. No change or alteration of water service will be made by the Successful Proposer(s) without the prior written authorization of the CSN Representative. Any permitted changes to either the electric service or water service shall be done by Successful Proposers with the applicable commercial license in the State of Nevada.

4.2.12. Commissions 4.2.12.1. Commissions shall be earned on receipts that are stolen or otherwise

missing. The Successful Proposer(s) is expected to properly secure the receipts generated through the vending service. In the event that receipts are stolen or otherwise missing, the Successful Proposer(s) shall pay a commission on these receipts as if they had been collected by the Successful Proposer.

5. BEVERAGE VENDING SERVICES

5.1. Objectives 5.1.1. Provide a convenient, reasonably priced variety of vending drinks for CSN students,

staff, and visitors 5.1.2. Contract with a vendor whom will provide well-maintained, working vending

machines, which are serviced and filled on a regular basis. 5.1.3. Generate revenues that will provide unrestricted funding to be used for campus

priorities.

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5.1.4. The possibility to take over beverage vending services upon the termination of CSN’s current contract with Pepsi which is due to expire September 30, 2016.

5.2. Scope of Work 5.2.1. Vending Locations: Successful Proposer(s) shall operate beverage vending

machines, dispensing beverage items at vend prices at all three (3) of CSN’s campuses and three (3) tech centers. The Successful Proposer(s) must be able to expand to other facilities as CSN grows. CSN reserves the right to exclude vending services in locations where it is determined such service is or would be in conflict with operational or other contractual obligations of CSN.

5.2.2. Number of Machines: The Successful Proposer(s) and CSN will mutually agree upon the number of machines to be provided and their location. Replacement, relocation and additions of machines must be approved in advance by CSN.

5.2.3. Product Selection: 5.2.3.1. CSN shall have the ability to be involved in product selection and be allowed

to request a product change. 5.2.3.2. Successful Proposer(s) for vending beverages shall provide the following

types of beverages. 5.2.3.2.1. Beverages are defined as:

Carbonated Soft Drinks All refrigerated carbonated flavored drinks

Non-Carbonated Soft Drinks All refrigerated non-carbonated flavored drinks, to include tea and coffee based drinks

Sports Drinks Non-carbonated refrigerated drinks intended to replenish nutrients lost through heavy exertion or sports.

Juice Non-carbonated refrigerated drinks containing at least (70%) natural juice by volume

Bottled Water

5.2.4. Exclusive and Non-Exclusive Agreements: CSN may award or extend its current exclusive contract to a beverage provider or CSN may enter into non-exclusive agreements with multiple beverage providers. Proposers may submit proposals for both exclusive and/or non-exclusive beverage agreements in this section. CSN reserves the right to select specific brands to be sold on campus and also reserves the right to specify pricing, and retain any sponsorship rebates from such exclusivity agreements. Any contractual agreement of CSN in this regard will supersede any other agreements between the successful bidder and any other party, unless it is specifically provided to the contrary in the successful bidder’s final agreement with CSN.

5.2.5. Vending Machines: 5.2.5.1. The Successful Proposer(s) will supply, install, service and maintain new,

state-of-the-art vending machines. The Successful Proposer(s) must provide changers that will accept the new currency as it is introduced. CSN would expect that the Successful Proposer(s) would be prepared with

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current trends in vending machine technology and work with CSN to adjust where feasible and desirable.

5.2.5.2. Vending machines must remain in top condition throughout the term of the contract.

5.2.5.3. Each vending machine shall be energy efficient made up of current technology to minimize electrical consumption to the maximum extent possible.

5.2.5.4. All vending machines shall have non-resettable meters/counters unless specific waiver is requested and approved prior to award of contract. CSN will have the right to audit the machines during reloading at any time.

5.2.5.5. All Vending machine fronts will be decorated in a pleasant and attractive manner deemed acceptable to CSN.

5.2.5.6. The Successful Proposer(s) will provide an identification number and place a sticker or decal on each machine giving the telephone number to be called for service.

5.2.6. Restocking Schedule: A schedule for stocking machines should be provided/maintained to verify timing of past restocking and plans for future restocking based on machine usage.

5.2.7. Vending Machine Maintenance: CSN recognizes that in order to maximize the revenues, the reliability of the machinery, the response time of the repair crew and the “trade out” of damaged equipment are key factors. CSN places a significant value on keeping the equipment operating at peak capacity with a minimum down time. Emphasis needs to be placed on the speed at which repair calls are handled, the number of repeat calls for like repairs, and the availability of replacement machines. CSN requires the Successful Proposer(s) to have available the following:

5.2.7.1. Twenty-four (24) hours, seven (7) days a week repair service with a guaranteed three (3) hour maximum response time.

5.2.7.2. An equipment replacement guarantee for any equipment which cannot be brought up to full working capacity in less than forty-eight (48) hours.

5.2.7.3. A preventive maintenance program for all equipment installed to ensure proper and continuous operation.

5.2.7.4. A dedicated service technician to CSN throughout the term of the agreement.

5.2.7.5. Vending machines shall each be assigned an identification number which will also serve as the location identification. Successful Proposer(s) shall provide CSN with a monthly (or as requested by CSN) report containing machine type, serial number of machine, location of machine, service problem, date of service call, date service issue resolved and number of service calls in the prior twelve (12) months for the machine.

5.2.8. Inspection By CSN: CSN reserves the right at any time to inspect the purchase, installation, service and maintenance records of machines. All machines must be maintained in excellent operating condition. CSN reserves the right at any time to reject any machine if operating reliability is objectionable.

5.2.9. Refunds: CSN shall designate a location at various vending sites throughout campus where refunds due to malfunction of equipment, may be made with funds

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provided by vending Successful Proposer. CSN reserves the right to approve all refund processes and procedures.

5.2.10. Theft & Vandalism: CSN is not responsible for damage to machines or losses due to theft or attempted theft, vandalism, and breakage of any of the vending machines owned by the Successful Proposer(s) or products contained therein.

5.2.11. Costs and Services: The Successful Proposer(s) is responsible for paying the cost of all merchandise, services, and other expenses in connection with the operation of its business.

5.2.12. Utilities: CSN will provide existing 110 volt electric service at the site of the installation of the vending machines at all existing vending machine locations, at CSN’s expense. CSN shall not be responsible for the costs associated with extending electrical service to new vending sites which are not in place as of the release of this RFP. The cost of the electricity used in conjunction with the operation of the vending machines will be borne by CSN. No change or alteration of electric service will be made by the Successful Proposer(s) without the prior written authorization of CSN Representative. In the event that an installation of a machine causes disruption of the electrical service at the premises, the Successful Proposer(s) will immediately discontinue use of the machine and either install a dedicated electrical circuit at the Successful Proposer’s expense, or request approval from the CSN Representative to relocate the machine. In the event that a CSN department requests that a machine be installed at a specific location, as approved by the CSN Representative, and this location requires a dedicated electrical circuit, then the requesting CSN department shall pay for the cost of providing this dedicated electrical circuit. For any machines that require water, the Successful Proposer(s) must use existing CSN provided water sources. The cost of the water used in conjunction with the operation of the vending machines will be borne by CSN. No change or alteration of water service will be made by the Successful Proposer(s) without the prior written authorization of the CSN Representative. Any permitted changes to either the electric service or water service shall be done by Successful Proposers with the applicable commercial license in the State of Nevada.

5.2.13. Commissions: 5.2.13.1. Commissions shall be paid on all receipts including stolen or otherwise

missing receipts. The Successful Proposer(s) is expected to properly secure the receipts generated through the vending service. In the event that receipts are stolen or otherwise missing, the Successful Proposer(s) shall pay a commission on these receipts as if they had been collected by the Successful Proposer.

6. BEVERAGES (FOUNTAIN AND BOTTLE DRINKS) 6.1. Objectives

6.1.1. Provide students, faculty, staff, and visitors with access to quality low priced fountain and bottled beverages.

6.1.2. Maximize the availability of product, decrease the product costs, and develop creative strategies that benefit CSN and the Successful Proposer.

6.2. Scope of Work

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6.2.1. The Successful Proposer(s) will provide and support the right to sell, distribute and merchandize beverages and related products at facilities owned or operated by CSN or any facility owned and operated on campus, under contract to CSN, within the following categories: Fountain Syrup and CO2, Cans and Bottles, New Age Beverages, Teas, and Non-Carbonated Beverages.

6.2.2. Exclusive and Non-Exclusive Agreements: CSN may award or extend its current exclusive contract to a beverage provider or CSN may enter into non-exclusive agreements with multiple beverage providers. Proposers may submit proposals for both exclusive and/or non-exclusive beverage agreements in this section. The College’s current exclusive agreement with Pepsi Bottling Group expires on September 30, 2016. CSN reserves the right to select specific brands to be sold on campus and also reserves the right to specify pricing, and retain any sponsorship rebates from such exclusivity agreements. Any contractual agreement of CSN in this regard will supersede any other agreements between the successful bidder and any other party, unless it is specifically provided to the contrary in the successful bidder’s final agreement with CSN.

6.3. Equipment: The Successful Proposer(s) is responsible for supplying, installing and maintaining all fountain, dispensing, and coolers not already owned by the CSN for the life of the contract at no charge to CSN. All Successful Proposer(s)-provided equipment must be new state of the art and remain that way through the life of the equipment. All upgrades to the equipment during the life of the contract will be done at the cost of the Successful Proposer.

6.4. Price Adjustments: The Successful Proposer(s) may request a pricing adjustment each year of the contract, including increases and/or decreases, submitting applicable price index and other appropriate documentation. Price changes will be negotiated in good faith between the Successful Proposer(s) and CSN. Increases in prices of vended items must be provided to the appropriate CSN representative within 60 days prior to the anniversary date of the contract and are subject to CSN approval.

6.5. For Those Proposing an Exclusive Agreement for a Particular Brand: 6.5.1. CSN anticipates an agreement that grants to the Successful Proposer(s) specific

rights to sell, promote and advertise their products on the CSN campus(s). Due to the length of the contract and the scope of service, significant promotional benefits are expected to accrue to the Successful Proposer.

6.5.2. In recognition of these benefits, the Successful Proposer(s) should show its commitment directly in the form of financial support for CSN through pricing of products to the campus, complimentary beverage products, special promotions or any of the opportunities described as follows (this lists is only a subset of opportunities that may exists):

6.5.2.1. Events sponsorship for both major and minor events for student, alumni, and athletic functions. Sponsorships usually include numerous advertising/marketing benefits (logo placement in newspaper ads, printed programs and invitations, television/radio spots, signage, web exposure, etc.) and in some cases, a portion of the sponsorship may be considered philanthropic.

6.5.2.2. Philanthropic support is very important to CSN. Respondents are encouraged to consider creative ways in which they might be able to

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enhance the value of the partnership, perhaps in the area of scholarships, naming rights or capital projects.

6.5.2.3. Advertising opportunities exist for company branding/advertising at CSN including, but not limited to, athletic facility signage, and signage in other venues on our campus(s). This may also include “point of sale” opportunities, in-game events/promotions and ad opportunities in other printed media.

6.5.2.4. Other Financial Support.

7. FOOD TRUCK 7.1. The Successful Proposer(s) shall provide and operate mobile food vehicles at various

CSN events and locations on an as needed basis.

8. MANAGEMENT AND OPERATIONS 8.1. The Successful Proposer(s) shall provide all of the labor and resources necessary to

manage and operate CSN’s food, vending, and catering programs. The Successful Proposer(s) should strive to fulfill food service objectives by providing a high level of professional service emphasizing flexibility, variety, convenience and value.

8.2. Price Adjustments: The Successful Proposer(s) may request a pricing adjustment each year of the contract, including increases and/or decreases, submitting appropriate documentation in the form of an applicable price index, wage levels, food costs, related operating costs, and changing program needs. Price changes will be negotiated in good faith between the Successful Proposer(s) and CSN. It will be the responsibility of the Successful Proposer(s) to propose all price amendments to the appropriate CSN Representative for review by May 31 for implementation in the subsequent academic year (beginning in August).

8.3. Customer Surveys: The Successful Proposer(s) shall solicit input and suggestions from customers for all services at least annually using survey or other data-gathering instruments. Survey results and a report analyzing the results are to be shared with the designated CSN Representative. Based on the survey results, Successful Proposer(s) shall make changes or modifications to its program to increase customer satisfaction.

8.4. An intentional and committed approach to staffing that results in: 8.4.1. Staffing levels that are matched to customer demand so that service is fast and

efficient; 8.4.2. Friendly, courteous, knowledgeable and professional employees that receive

regular and comprehensive training in both technical and customer service skills; 8.4.3. Staff that are proficient in the English language when in positions of regular

interaction with customers. 8.5. Management Expectations

8.5.1. A professional food service management company that offers a best practice approach to campus dining, and that views CSN as an integral account and an incubator for new programs, services, technology and management strategies;

8.5.2. An on-site management structure that provides dedicated managerial resources for each business channel in the program, as well as appropriate administrative and technology support;

8.5.3. An on-site management team that is the best in the field, and one that is exceptionally knowledgeable, experienced, competent and professional in managing all aspects of a large and diverse college dining program. The management team should be collaborative and collegial with CSN, its key stakeholders, student leaders and advocacy groups, with a communication strategy

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that is proactive and accessible. 8.5.4. An ongoing commitment to proactive marketing and business development in the

areas of meal plan sales, retail sales and catering sales that is collaborative with CSN in articulating a seamless message, and includes quantitative success measurement;

8.5.5. Programs and standards that enforce safe food handling, proper sanitation, HACCP standards and health department requirements;

8.5.6. Facility and equipment preventive and ongoing maintenance programs that result in good stewardship of CSN owned resources;

8.6. Sustainability Expectations 8.6.1. A commitment to recycling that, at a minimum, matches and evolves with CSN’s

recycling program. 8.6.2. Purchase and Transport of Food – The program seeks out suppliers whom

minimize their environmental impact through the effective use of ecologically sustainable techniques.

8.6.3. Preparation – Initiatives are in place to ensure that management, kitchen, and serving operations use resources efficiently through the effective deployment of resource-saving practices and technology. Staff are situated to make a contribution to sustainability.

8.6.4. Promotional Efforts: 8.6.4.1. The Successful Proposer(s) shall regularly utilize advertising and

promotional efforts to further the visibility and image of CSN’s food services, and shall continually initiate ideas for varied methods of food service merchandising, public relations, promotion and menu presentation in all its operations to increase usage and maximize potential revenue. The Successful Proposer(s) shall implement merchandise and promote new product variations in a manner typical of successful commercial operations, including;

8.6.4.1.1. Point of purchase displays; 8.6.4.1.2. Periodic postings of printed material at locations approved by CSN; 8.6.4.1.3. Announcements of new products and service; 8.6.4.1.4. Introductory sampling and pricing on new items. 8.6.4.1.5. All advertising and promotional efforts shall be coordinated with and

approved by CSN prior to implementation. 8.6.4.1.6. The Successful Proposer(s) shall not offer any brand name food or

beverage products identified by name by the Successful Proposer(s) in its menus or otherwise without the prior written consent of CSN. Consent may be given or withheld at the sole discretion of CSN.

8.6.5. Supplier Inclusion 8.6.5.1. The Successful Proposer(s) is expected to collaborate with CSN’s supplier

inclusion coordinator to develop methods and approaches to include local, small, and emerging business into its supply chain.

8.6.5.2. The Successful Proposer(s) shall support CSN’s supplier inclusion community events through attendance and active participation.

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9. THE SUCCESSFUL PROPOSER(S) RESPONSIBILITIES

9.1. The Successful Proposer(s) will be responsible for/to: 9.1.1. Provide food services for students and faculty to include breakfast, lunch, dinner,

and snacks. 9.1.2. Successful Proposer(s) shall strictly adhere to all the rules, guidelines, and

regulations to include but not limited to NRS 446 and the Southern Nevada Health Districts Food Establishment Regulation.

9.1.3. The procurement and payment of all food, snacks, beverages, equipment, utensils, plates, silverware/plastic ware, napkins, to-go boxes, cups, lids, straws, cleaning supplies etc.

9.1.4. Promote adequate competition for supplies striving to obtain the best price and quality.

9.1.5. Cleaning 9.1.5.1. Ensure all locations are swept, mopped, dusted, wiped down, and sanitized

to meet or exceed the mandated health inspection requirements. 9.1.5.2. Ensure all refuse is taken out frequently from operation and dining areas. 9.1.5.3. Utilize CSN’s recycle program.

9.1.6. Maintenance 9.1.6.1. Maintain all Successful Proposer(s) supplied equipment. A copy of the

service/repair or preventative maintenance contract shall be on site at each location and readily available if asked.

9.1.6.2. Report maintenance issues with CSN supplied equipment to Auxiliary Services.

9.1.7. Routing coordination with CSN’s Auxiliary Services or Facilities Management Departments to include any anticipated labor, employee, or vendor problems or any other circumstances that could adversely affect the operation of the food service facilities.

9.1.8. Provide the following reports 9.1.8.1. Provide detailed quarterly budget reports to Auxiliary Services. These

reports will consist of data from the preceding quarter and projections for the next quarter.

9.1.8.2. Provide an annual report for the prior year (July 1st through June 30th). This report will provide an overall analysis of the preceding year including the number of sales, best seller, worst seller, lessons learned, gross income, overhead, profit, CSN’s cut, etc. This report is due to Auxiliary Services no later than July 30th.

9.1.8.3. Provide an annual report for the next year (July 1st through June 30th). This report will provide a projected budget for the following year. This report is due to Auxiliary Services no later than May 15th.

9.1.8.4. Any additional reports as requested by CSN’s Auxiliary Services. 9.1.8.5. Provide quarterly and annual sales reports for snack and beverage vending

service 9.1.8.6. Additional reports upon CSN’s request

9.1.9. Provide catering services upon request from various departments and organizations. Items frequently purchased via catering include pizza, sub-sandwiches, deli trays, bagels, and bag/box lunches.

9.1.10. Management/Supervision

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9.1.10.1. Provide one (1) single point of contact, i.e. general manager, over all services and supervise each site manager(s). The single point of contact will have full authority to make decisions on behalf of the Successful Proposer(s).

9.1.10.2. Each location shall have one (1) Manager on duty at all times. Managers shall be distinctly recognizable from the regular staff.

9.1.10.3. The Successful Proposer(s) shall provide an alternate General Manager and/or Manager to cover operations in case of any absences.

9.1.11. Meetings/Program Reviews 9.1.11.1. The Successful Proposer(s) shall attend meetings/program reviews

scheduled by CSN at least annually or as needed. 9.1.12. The Successful Proposer(s) shall require its employees to comply with all

instructions, regulations, and codes of conduct as specified by CSN. CSN reserves the right to have any undesirable employee removed from the account for non-compliance.

9.1.13. The Successful Proposer(s) agrees to comply with all federal, state, and local laws and regulations, including but not limited to those pertaining to nondiscrimination in hiring and employment practices.

9.1.14. The Successful Proposer(s) shall require all its employees to meet the appropriate health standards prescribed by municipal, state, and federal laws and regulations.

9.1.15. Ensure all employees are properly uniformed. Uniforms must be standard from location to location.

9.1.16. The Successful Proposer(s) shall bear financial responsibility for any vandalism or loss due to acts of its employees. The Successful Proposer(s) shall implement and maintain appropriate control measures to guard against pilferage of food, supplies, and equipment.

9.1.17. Provide sound/accurate accounting practices to include but not limited to sales, taxes, payroll.

9.1.17.1. The Successful Proposer(s) shall keep on-site accurate and complete records of all revenues and expenses in connection with the operation of the food facility. The Successful Proposer(s) will keep records for the current fiscal year and the five (5) previous years and make available for the inspection, examination, and audit by CSN the records of all receipts, costs, and disbursements of the foodservice, and all books, accounts, memoranda, and all or any other documents of the Successful Proposer(s) or any affiliated organization, indicating and substantiating the amount of any expenditures and receipts. Such revenues and expenses shall be supported by cash register tapes, invoices, sales slips, bills, vouchers, payroll records, purchase orders, and other pertinent records that, under recognized accounting and industry practices, contain information bearing upon or relating to cost, income, gross sales, or subsidy amounts. Such records shall be maintained on premises by the Successful Proposer(s) for the duration of the contract, and be available for inspection and/or audit by CSN or its agents at any reasonable time. Audits may occur at least once per year.

9.1.18. Any and all advertisements/announcements must be forwarded to Auxiliary Services for approval prior to release.

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9.1.19. Provide mobile food vehicles during incidences of extended power outages, facility repairs, special events, or upon request with reasonable notice.

10. CSN’S RESPONSIBILITIES

10.1. CSN will be responsible for/to: 10.1.1. Providing all utilities (gas, water, and electric), at no charge, for the operation of the

food services. The Successful Proposer(s) agrees to consume utility services in a responsible way to conserve resources and prevent waste.

10.1.1.1. CSN shall not guarantee the uninterrupted provision of utilities and service except to ensure that all reasonable and diligent efforts will be pursued in restoring the interrupted service.

10.1.2. Repair of any electrical needs from within the facility. This does not include equipment provided to or by Successful Proposer(s).

10.1.3. Conducting routing surveys from students and faculty on the quality of food and service received from the Food Service provider.

10.1.4. Conduct periodic, unannounced operating audits/inspections of the food service facilities by representatives of CSN. The audit shall specifically include a comprehensive review of:

10.1.4.1. Service quality, attentiveness, courteousness, etc. 10.1.4.2. Food quality, presentation, and merchandising. 10.1.4.3. Sanitation practices and conditions. 10.1.4.4. Personnel appearance. 10.1.4.5. Training program techniques, schedules, and records. 10.1.4.6. Safety conditions. 10.1.4.7. Operational performance. 10.1.4.8. Financial performance. 10.1.4.9. Other related operational conditions and/or practices.

10.1.5. A report of the surveys and audit will be provided to the Successful Proposer(s) of the conditions needing corrections or improvement. The Successful Proposer(s) will reply to these reports in writing within five (5) calendar days.

10.1.6. Make such improvements and/or alterations to the facilities as it may deem necessary or desirable.

11. ADDITIONAL ITEMS 11.1. Sales Data

Food Services July '14 - June '15 $ 1,300,000.00 Catering July ’14 – June ‘15 $ 68,888.81

Snack Vending

June '14 - May '15 $ 81,093.60 June '15 - Oct '15 $ 28,124.80

Beverage Vending

June '14 - May '15 $ 194,264.69 June '15 - Oct '15 $ 89,651.75

12. INSPECTION

12.1.1. CSN shall have the right to access all food service facilities to inspect the operation thereof and the work of Successful Proposer(s) with respect to the quality and quantity of food served, preparation and serving methods and procedures, sanitary

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and safety standards, cleanliness, appearance and conduct of Successful Proposer(s)’s employees, operating hours, and general housekeeping and upkeep of premises. CSN shall have the right to make reasonable regulations with regard to all such matters and Successful Proposer(s) agrees to comply with such regulations.

12.1.2. It is also understood that the premises shall be subject to inspection by the State Department of Health. Successful Proposer(s) will comply with all state and county regulations, health department policies and CSN regulations, matters that will be reviewed on a regular basis.

13. PERSONNEL

13.1. The Successful Proposer(s) shall maintain an adequate staff at all times to ensure a high quality food service operation, including expert personnel for administration, meal planning, purchasing, equipment consulting, and supervision. The Successful Proposer(s) shall annually submit for review and approval by CSN, the organization and staffing plan for administration of the food service operations covered under each contract.

13.2. Successful Proposer(s) shall not designate its directors and unit managers without prior approval from CSN.

13.3. Successful Proposer(s) directors and unit managers shall continue serving only as long as their performance is acceptable to CSN. Successful Proposer(s) shall consult with CSN to seek approval of off-campus transfers of individual directors and unit managers. Such consultation and approval shall be prior to announcing the transfer to the selected individual.

13.4. Successful Proposer(s) shall provide corporate management staff, made known to CSN by name to routinely review and inspect operations, personally fill vacancies, consult with CSN on current and future food service programs, and to act with full authority on Successful Proposer(s)’s behalf in any and all matters pertaining to the specifications of the contract.

13.5. Successful Proposer(s) will make provision for a manager or assistant manager to be accessible to patrons at each meal. Such management should be non-production personnel and should be clearly identifiable as the individual in charge of the operation and available to give assistance.

13.6. All employees of Successful Proposer(s) assigned to jobs on campus shall be properly attired and have prominently displayed nametags. A laboratory/chef coat may be worn over business attire in the central kitchen and server areas.

13.7. Personnel or agents of Successful Proposer(s) shall observe all campus traffic and parking regulations. Drinking of alcoholic beverages or the use of illegal drugs on the job by Successful Proposer(s)’s employees will not be permitted. Smoking is prohibited inside all facilities owned leased or operated by CSN, including, but not limited to such space as classrooms, halls, lavatories, studios, opened and private offices, corridors, dining areas, restrooms, and common areas.

13.8. Successful Proposer(s) shall provide an annual visitation schedule listing headquarters management staff, made known to CSN by name, to routinely review operations, maintain quality control and consult with CSN on current and future food service programs.

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13.9. Successful Proposer(s) shall have the resources and staff for providing comprehensive training and staff development programs including the management of a diverse work force for employees at all levels of the organization.

14. HEALTH AND SAFETY

14.1. Successful Proposer(s) must comply with all health and safety laws. Successful Proposer(s)will require its employees assigned to CSN to submit to periodic health examinations at least as frequently and as stringently as required by law, and to submit satisfactory evidence of compliance with all governmental health regulations to CSN designated representative(s).

14.2. It shall be the sole responsibility of Successful Proposer(s) to require its employees to abide by all health and safety requirements imposed by law. Further, Successful Proposer(s) and all of its employees shall abide by safety and health regulations set forth by CSN.

14.3. Successful Proposer(s) is responsible for establishing and maintaining a sanitary barrier to minimize the contamination of food by:

14.3.1. Using methods of employee selection to exclude infectious personnel. 14.3.2. Developing and monitoring high standards of personal hygiene among workers. 14.3.3. Providing necessary equipment and supplies for maintaining personal hygiene

and sanitation practices. 14.4. Adequately training employees. 14.5. Constantly and consistently supervising to ensure that only healthy employees come

into contact with food. Any food appearing discolored, unappealing or not fresh will not be served. Left over items that cannot be maintained at an acceptable and high level of freshness will not be served.

14.6. Display and serving areas are to be kept clean, sanitary and orderly throughout the entire meal time period. Similarly, the seating area will be kept clean and orderly during meal times.

14.7. Spills will be cleaned immediately from serving areas, steam tables, counters and floors.

15. SANITATION AND ENVIRONMENT

15.1. Successful Proposer(s) shall maintain sanitary working and dining areas and shall comply with all federal, state and local health and sanitation regulations that apply to food service operations. It is expected that a cooperative relationship will be promoted between Successful Proposer(s)’s management personnel and the state health department inspectors and that all food service facilities and equipment will be maintained so as to successfully pass each evaluation session with a high grade. A copy of such reports will be provided to the appropriate CSN Representative immediately following the inspection, along with a written report of how and when Successful Proposer(s) will correct deficiencies. Successful Proposer(s) shall immediately remedy any shortcomings within its control and responsibility. If Successful Proposer(s) fails to rectify and remedy any such deficiencies in its operations with due dispatch, CSN may terminate the contract.

15.2. CSN reserves the right to inspect all dining areas, kitchen and preparation areas, concession areas, storage areas, offices and any other space under Successful Proposer(s)’s control at any time with or without notice.

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15.3. Successful Proposer(s)’s management personnel will examine all food handlers daily to ensure that each meets these minimum standards: daily bathing, acceptable personal hygiene practices, clean and appropriate outer clothing, hairnets or hair spray for all employees who wear hair six (6) inches or longer, removal of all wristwatches and rings except simple wedding bands for all food handlers, washing hands with soap and warm water after reporting for work, after using the bathroom and after handling food, and report all symptoms of colds and infectious diseases to facility manager. Successful Proposer(s) will initiate and maintain a program of employee awareness to encourage sanitation.

15.4. The kitchen and all food preparation equipment and facilities will be kept clean and in sanitary condition through the length of the workday. Trash will not be permitted to accumulate on the floor or on other surfaces. Trash containers will be lined and overflowing garbage containers will always be avoided. The dish room and wash sinks will be clean and sanitary; water on the floor will be quickly removed.

15.5. Food in refrigerated or frozen storage will be covered. Cooking surfaces will be cleaned and always free from accumulated grease or other waste.

15.6. Steam tables, serving areas, beverages dispensing areas, salad and deli bar areas, condiment tables will be cleaned daily and, during all meal times will be wiped and kept spotless.

15.7. Kitchen work areas and food preparation equipment will be completely cleaned following each use.

15.8. Non-carpeted floors will be cleaned by washing or mopping only. Walls, ceilings, windows, fan blades and ducts will be kept clean and free from grease.

15.9. Dining tables and chairs will be wiped throughout all meal times. Dish room conveyer belt system will be cleaned frequently during each mealtime

15.10. Successful Proposer(s) shall provide all custodial services that are required for daily routine housekeeping duties including all surfaces and all equipment in each facility. Catering services provided in locations that are not primarily intended for food service, e.g., meeting and conference rooms, academic and administrative building, etc., shall have the appropriate clean-up undertaken by the Successful Proposer(s). When Successful Proposer(s) serves meals, beverages or snacks in a meeting or conference room, etc., Successful Proposer(s) is responsible for the prompt removal of equipment, debris, and food residue from the area following the completion of the meal or meeting.

15.11. Successful Proposer(s) shall be responsible for the removal of refuse from each facility.

15.12. Successful Proposer(s) shall be responsible for all laundry service associated with its operations.

16. ACCOUNTING STATEMENTS AND AUDITS

16.1. Monthly and annual (or as requested by CSN) accounting/operating reports shall be submitted by the Successful Proposer(s) to CSN. The operating statement shall give a complete accounting of sales by category, and cost of sales to include a detailed breakdown of product cost, labor costs, and other direct expenses and administrative and/or management charges.

16.2. Successful Proposer(s) shall submit the monthly operating statements within thirty (30) days of the last day of the reporting month.

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16.3. Catering income and expenses will be accounted for separately from any of the other accounts the Successful Proposer(s) has on the campus.

16.4. For vending sales, the Successful Proposer(s) shall provide CSN with a monthly sales commission report (which can be verified against the meters in the machines) along with the meter counts of the vending machines.

16.5. For concessions/catering, the Successful Proposer(s) will, for each event or function at which the Successful Proposer(s) provided food services, provide reports which shall provide (A) the type of food services provided at such event or function, (B) the total amount of Gross Sales made by the Successful Proposer(s) with respect to such event or function, itemized by type of food services and location of service, the amount of the commission or other fees due to CSN with respect to such event or function, (C) Sales and Use Tax Returns.

16.6. When requested, CSN shall have access to the Successful Proposer(s)’s account books. CSN reserves the right to audit or cause to be audited Successful Proposer(s)’s books and accounts with CSN at any time.

16.7. The Successful Proposer(s) shall provide CSN with other reports as requested.

17. BILLING AND COLLECTION PROCEDURES: 17.1. Successful Proposer(s) shall be responsible for all billing and collections. CSN shall

have no responsibility for payment or collection of any sums owed to Successful Proposer(s) for catering ordered by any third party. Successful Proposer(s) agrees to look solely to such third persons or entities for all such payments.

18. EMPLOYEE TRAINING & CONDUCT

18.1. Successful Proposer(s) will develop quality standards and all Successful Proposer(s)’s employees will be trained and instructed by the provider in at least these areas:

18.1.1. Food preparation methods and procedures 18.1.2. Sanitation standards and cleaning procedures 18.1.3. Uniform dress and identification standards 18.1.4. Customer relations expectations 18.1.5. Personal habits and hygiene 18.1.6. Pride and commitment

18.2. In addition, employees operating kitchen equipment must be trained and monitored in the proper use of equipment. All operational and training programs and policies developed by Successful Proposer(s) will be regularly reviewed and discussed with the appropriate facility administrator.

19. SALES TAX

19.1. Successful Proposer(s) shall be solely responsible for collection of sales tax and remittance to the State.

20. FACILITIES AND EQUIPMENT

20.1. CSN agrees to grant Successful Proposer(s) a license for the Successful Proposer(s)’s use of the facilities, moveable equipment and any other capital equipment identified in Attachment J-3.

20.2. The Successful Proposer(s) shall provide all such other equipment as may be needed to provide services. All Successful Proposer(s)’s equipment shall be of good quality.

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20.3. CSN shall provide Successful Proposer(s) with reasonable access to the service facilities such as loading and unloading areas and limited dry storage as are necessary for Successful Proposer(s)’s performance.

20.4. Successful Proposer(s) shall be familiar with the condition of all food service areas and all CSN provided food service facilities in place at the time of the contract being awarded. Successful Proposer(s) shall accept use of such food service areas and facilities on an “AS IS” basis. CSN is not obligated to furnish Successful Proposer(s) with additional space, equipment, furniture, fixtures or other facilities not in place at the beginning of the contract. All space, equipment, furniture, fixtures and other facilities provided by CSN for Successful Proposer(s)’s use, and any replacements shall be, and shall remain, the sole property of CSN. CSN may make physical alterations and improvements to its property.

20.5. Successful Proposer(s) shall use the food service areas and facilities only for the purposes for which they are intended and shall not use or allow any food service areas or facilities to be used for any unlawful purpose or for any purpose other than the provision of food services. Successful Proposer(s) shall not commit or allow to be committed any waste or nuisance on or about any food service areas or facilities. Successful Proposer(s) shall not overload the floors or structure of any food service areas or facilities, or subject any food service areas or facilities to any use that would damage same or raise or violate any insurance coverage maintained by CSN.

20.6. CSN may use and allow others to use any or all food service areas or food service facilities, or both in connection with concessions and/or catering for a special event or supplemental catering obtained by CSN. CSN shall obtain and deliver to Successful Proposer(s) a certificate of insurance evidencing that any party which will be using the food service areas and facilities has in place commercial general liability insurance coverage in an amount of not less than Two million dollars ($2,000,000) naming CSN and Successful Proposer(s) as additional insured; such party shall pay for the cost of independent equipment inspections to be made of the food service areas and facilities to be used by such party both before and after such use to determine whether such party has caused any damage or loss; and if Successful Proposer(s) inventories are not otherwise able to be secured, such party shall pay for the cost of removal and storage of all of Successful Proposer(s) inventories of foodstuffs, beverages and supplies prior to such use by such party and the return and restocking of such inventories immediately after such use.

20.7. Successful Proposer(s) shall not use the equipment or facilities to provide any services to any third party without prior written consent from CSN.

20.8. Successful Proposer(s) is responsible for loss of, theft of, or damage to any personal property of Successful Proposer(s) or its authorized users, located within the CSN facilities or on CSN property.

21. REPLACEMENT 21.1. Successful Proposer(s) is responsible for maintaining the initial inventory of the moveable

equipment, small wares, and all other similar equipment provided by CSN for Successful Proposer(s)’s use as specified in CSN’s inventory records from time to time, in good condition and repair, including replacement of loss and breakage. An annual inventory shall be taken in June of each contract year, at which time Successful Proposer(s) shall be advised of the items that it must replace at its expense due to losses and breakage.

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Successful Proposer(s) shall obtain CSN’s prior approval of the specifications for the purchase of these items by Successful Proposer(s) for conformity with CSN’s other equipment and conformity with the quality of the item being replaced.

22. EQUIPMENT AND FACILITIES MAINTENANCE AND SANITATION

22.1. The premises, equipment and facilities shall be maintained in a condition satisfactory to the institution and in compliance with the City of Las Vegas Health Department code and/or the State of Nevada health code. Successful Proposer(s) shall adhere to the highest standards of cleanliness and sanitary practices to insure continual sanitation in all functions and matters related to the food service operation, including food handlers’ appearance and performance in the preparation, service, transport and storage of food and related items.

22.2. Successful Proposer(s) shall provide daily housekeeping, cleaning, maintenance and sanitation service in kitchens, serving and dining areas and all other assigned areas used in receiving, preparation and storage of food or for use by food service personnel, including employee lockers, restrooms, offices and trash/garbage areas. Successful Proposer(s) will be responsible for the routine cleaning of walls, ceilings, and tray conveyors, waxing and buffing of floors, cleaning light fixtures and washing insides of windows. A schedule of these dates of service shall be submitted to CSN’s designated representative.

22.3. CSN is responsible for the periodic cleaning of hood ducts and related vents and fans. Successful Proposer(s) shall be responsible for regularly servicing and cleaning the blowers, grease traps, and filters.

22.4. Successful Proposer(s) will be responsible for periodic stripping and sealing of floors, cleaning draperies and blinds, washing windows, and cleaning sidewalks and building entrances used exclusively by food service.

22.5. Successful Proposer(s) will remove all trash, garbage and debris from all premises occupied by Successful Proposer(s) according to a schedule approved by CSN.

22.6. No cooking grease, oils or fats are to be disposed of or dumped into the sewer system, refuse disposal or compactor. A rendering company or other approved method of disposal must be used.

22.7. CSN shall have the right at all times to determine by inspection that facility cleanliness, sanitation and maintenance are satisfactory and in accordance with health standards.

22.8. Successful Proposer(s) shall be responsible for maintaining certificate of the fire extinguishing system.

22.9. All work performed by Successful Proposer(s) at CSN Venues by other than CSN personnel shall be performed only by persons and Successful Proposer(s) approved by CSN.

22.10. Successful Proposer(s) shall be responsible for the maintenance costs on all movable and non-movable kitchen and serving equipment provided by CSN, whether it is attached to the facility or not. Included but not limited to the following: stoves, fryers, ovens, steamers, kettles, mixers, ventilation hoods, dishwasher, pot washer, steam tables, lowerators. All equipment is to be maintained in accordance with manufacturer’s specifications as noted in the manuals furnished with the equipment. At the termination of the contract, the equipment, service records and manufacture provided manuals will be returned to CSN in as good condition as when the contract period began. Successful Proposer(s) must maintain appropriate maintenance

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contracts, as well as preventive maintenance contracts in order to assure proper functioning.

22.11. Successful Proposer(s) will be responsible for maintaining preventative maintenance agreements and for assuring that all equipment service and maintenance agreements are implemented as prescribed. All services and repairs to the facility and equipment are to be provided by CSN personnel or licensed Successful Proposer(s) selected with the approval of the appropriate CSN Representative. Written service reports will be maintained by the Successful Proposer(s) with copies sent regularly to the CSN Representative.

22.12. In the event equipment damage or failure from negligence on the part of the Successful Proposer(s) or its employees, the Successful Proposer(s) is responsible for the entire cost of replacement. The replacement equipment will become property of CSN. The cost of replacement of CSN owned equipment that needs replacement due to normal wear and tear will be the responsibility of CSN.

22.13. Successful Proposer(s) will submit for the approval of the appropriate facility manager a preventive maintenance program in writing for all food service facility equipment. The cost of the program will be the responsibility of the Successful Proposer(s). The Successful Proposer(s) will also be responsible for assuring the implementation and management of the preventive maintenance program.

22.14. Successful Proposer(s) will notify the appropriate CSN Representative prior to the beginning of the fall term of the need to replace worn /missing equipment. In the event the Successful Proposer(s) wishes replace any equipment furnished by and considered in acceptable condition by CSN, the Successful Proposer(s) shall do so at its own expense upon written approval of CSN. Such equipment shall become the property of CSN.

22.15. The Successful Proposer(s) will maintain in good condition all office furniture provided by CSN; the Successful Proposer(s) will furnish and maintain at its expense all needed office equipment except as provided by CSN.

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SECTION G – FINANCIAL/PRICING RESPONSE FORM For each of the applicable sections below, provide your price proposal. All commissions should be quoted on Gross sales as defined below. You may submit multiple price proposals based upon the different combinations of sections you are proposing on and/or whether you are proposing an exclusive/non-exclusive beverage agreement. If you are providing multiple price proposals, make sure that you clearly label and state the differences between the proposals. Proposers are not limited to the structure below and may submit alternative price proposals on separate sheets of paper.

Gross Sales: The term “gross sales” shall mean all revenues from sales of the Successful Proposer, unadjusted for customer discounts or returns (including sales of any assignee, subcontractor, concessional or licensee of Successful Proposer(s)), whether such sales be evidenced by check, cash, credit, charge account, exchange or otherwise. Gross sales do not include Nevada state sales tax. Successful Proposer(s) shall pay commissions within thirty (30) days from the last date of the month in which the sales occurred. 1. Commission on Food Services:

a) Pricing Option One (Select all that you are proposing for)

Campus: _________ Building: _________ ________ % of Gross Sales Campus: _________ Building: _________ ________ % of Gross Sales Campus: _________ Building: _________ ________ % of Gross Sales Campus: _________ Building: _________ ________ % of Gross Sales Campus: _________ Building: _________ ________ % of Gross Sales Campus: _________ Building: _________ ________ % of Gross Sales Campus: _________ Building: _________ ________ % of Gross Sales

b) Provide complete menus and itemized price list for each location proposed in 1.a).

c) Alternate Pricing Option: Proposer may incorporate an alternate pricing option to be

considered by CSN such as a guaranteed annual commission.

d) Price Escalation: Price increases for vended items may be reviewed annually. Provide information on how you would propose to justify future price increases (i.e. Price index such as CPI, etc.)

2. Commission on Catering Services:

a) Pricing Option: Campus: ALL Building: ALL ________ % of Gross Sales

b) Provide complete menus and itemized price list for all Catering Services.

c) Alternate Pricing Option: Proposer may incorporate an alternate pricing option to be considered by CSN.

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d) Price Escalation: Price increases for vended items may be reviewed annually. Provide information on how you would propose to justify future price increases (i.e. Price index such as CPI, etc.)

3. Commission on Snack Vending: a) Pricing Option:

Campus: ALL Building: ALL ________ % of Gross Sales

b) Provide a complete description of products to be vended, including brand, unit sizes

and prices of the products to the consumer.

c) Alternate Pricing Option: Proposer may incorporate an alternate pricing option to be considered by CSN.

d) Price Escalation: Price increases for vended items may be reviewed annually. Provide information on how you would propose to justify future price increases (i.e. Price index such as CPI, etc.)

4. Commission on Beverage Vending:

a) Pricing Option:

Campus: ALL Building: ALL ________ % of Gross Sales

b) Provide a complete description of products to be vended, including brand, unit sizes, and prices of the products to the consumer. State whether the agreement is exclusive for a particular brand or non-exclusive. If proposer is providing a proposal on both exclusive and non-exclusive agreements, proposer must provide product prices for both exclusive and non-exclusive agreements.

c) Alternate Pricing Option: Proposer may incorporate an alternate pricing option to be considered by CSN, i.e. guaranteed annual commission, exclusive rights, rebates on product sold.

d) Price Escalation: Price increases for vended items may be reviewed annually. Provide information on how you would propose to justify future price increases (i.e. Price index such as CPI, etc.)

5. Beverage (Fountain and Bottle Drinks)

a) Pricing Option:

Campus: ALL Fountain Drinks: ________ % of Gross Sales Campus: ALL Bottled Drinks: ________ % of Gross Sales

b) Provide a complete description of products, including brand, unit sizes, and prices of

the products to the consumer. Provide the cost per can and bottle broken down by container size and product to CSN. Provide the total cost per gallon to CSN for every product offered and included in this proposal. State whether the agreement is exclusive for a particular brand or non-exclusive. If proposer is providing a proposal on both exclusive and non-exclusive agreements, proposer must provide product prices for both exclusive and non-exclusive agreements.

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c) Alternate Pricing Option: Proposer may incorporate an alternate pricing option to be

considered by CSN, i.e. guaranteed annual commission, exclusive rights, rebates on product sold.

d) Price Escalation: Price increases for vended items may be reviewed annually. Provide information on how you would propose to justify future price increases (i.e. Price index such as CPI, etc.)

e) Other Financial Commitments:

i. Outline any initiatives or financial commitments to CSN in support of its facilities and programs throughout the life of the contract and the proposed payment schedule. Identify these financial commitments in the context of Initiatives in years 1-3 and in years 4-5 if the Renewal Options are exercised.

ii. Outline any proposed initiatives or financial commitments to CSN for potential growth of the account including the payment schedule. Identify these financial commitments in the context of Initiatives in years 1-3 and in years 4-5 if the Renewal Options are exercised.

iii. Outline any proposed initiatives or financial commitments to CSN relative to Academic Support. Identify these financial commitments in the context of Initiatives in years 1-3 and in years 4-5 if the Renewal Options are exercised.

iv. Outline any financial commitments to the Marketing and Promotions programs proposed, outside of Paragraphs i-iv, above. Identify these financial commitments in the context of Initiatives in years 1-3 and in years 4-5 if the Renewal Options are exercised.

v. Identify your sales guarantee and financial commitment to CSN, outside of Paragraphs i-v, above. Identify these financial commitments in the context of Initiatives in years 1-3 and in years 4-5 if the Renewal Options are exercised.

6. Food Trucks

a) Pricing Option: Campus: ALL Building: ALL ________ % of Gross Sales

b) Provide complete menus and itemized price list for products offered to the consumer for each type of food truck proposed.

c) Alternate Pricing Option: Proposer may incorporate an alternate pricing option to be considered by CSN.

d) Price Escalation: Price increases for vended items may be reviewed annually. Provide information on how you would propose to justify future price increases (i.e. Price index such as CPI, etc.)

7. Outline any initiatives or financial commitments to CSN in support of its facilities and programs

throughout the life of the contract and the proposed payment schedule.

8. Institutional Support: The awarded company will have access to a variety of college-wide marketing and partnership opportunities. In consideration for the advertising, merchandizing, promotional and other food and beverage/snack vending related rights and services benefits

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provided to the successful proposer by CSN, indicate below the amount the proposer is willing to contribute to CSN:

a) Initial support fund for the signing of the contract by both parties. b) Annual support fund for each year the contract remains in effect. c) Annual rebate funds for any product purchased from the Successful Proposer(s) by CSN. d) Annual recycling support to help CSN with its sustainability initiatives. e) Annual product donations for student and staff functions. f) Annual marketing support such as sampling events and product promotions. g) For the Athletics Department, an initial support fund and annual marketing support such as

branded equipment and supplies, beverage products for practices and games. In return for institutional support, the Athletics Department would make available to the Successful Proposer(s) a number of high visibility areas to advertise the partnership between CSN and the Successful Proposer(s).

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SECTION H RFP RESPONSE FORM

Company Name: RFP No.:

Nevada Business Licenses No.: Business License Exp.:

Address: City:

State: Zip Code: Phone No.: Fax No.:

Contact Person: Email:

Federal Tax ID No.:

Please check the appropriate box(es) in accordance with General Terms and Conditions: BUSINESS STATUS

Minority Business Enterprise (MBE) Small Business Enterprise (SBE)

Women-Owned Business Enterprise (WBE) Local Business Enterprise (LBE)

Disabled Veteran Business Enterprise (DVBE) Not Applicable (N/A)

ACKNOWLEDGMENT OF ADDENDA: The undersigned, as an authorized representative for the Company named above, acknowledges that he/she has examined this RFP including any related documents, and hereby offers to furnish all labor, materials, tools, supplies, equipment and services necessary to comply with the specifications, terms and conditions set forth herein and at the prices stated.

The undersigned acknowledges receipt of the following addenda:

Addenda No. Dated Addenda No. Dated Addenda No. Dated

Addenda No. Dated Addenda No. Dated Addenda No. Dated

DEPARTMENT/SUSPENSION STATUS 1.The Proposer certifies that it is not susp ended, debarred or ineligible from entering into contracts with the Executive Bran ch of the Federal Government, or in receipt of a notice of proposed debarment from any state agency or local public body.

2.The Proposer agrees to provide immediate notice to CSN's Purchasing department in the event of being suspended, debarredor declared ineligible by any state or fe deral department or agency, or upon receipt of a n otice of proposed debarment that is received after the submission of this Proposal but prior to the award of the purchase order/Contract.

EXCEPTIONS

Any exceptions to any of the spe cifications or requirements of this RFP shall be noted in writing, and attached to the Pro posal when submitted. By taking exceptions and clearly stating them in writing on a separate sheet of paper h eaded “EXCEPTIONS”, and by offering alternates to replace the excepted requirements, the Proposer may still compete in the solicitation. However, the CSN Purchasing Department shall be the sole judge of the acceptance or rejection of any exceptions.

Are there any exceptions to this RFP? Yes No

Signature Print Name and Title Date

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SECTION I LIST OF SUBCONTRACTORS/ TIER 2 SUPPLIERS

RFP No.: Company Name:

HISTORICAL AND ANTICIPATED COMMITMENT TO TIER 2 If anticipated to exceed $1,000,000 at any time during the life of the Contract provide the following reporting information: Proposer's historical and anticipated commitment to Tier 2 MWDBE and Local Business Enterprises. At a minimum, Proposer must provide historical information for the most recently completed fiscal year (July 1 through June 30) and their anticipated commitment to the current fiscal year in which this RFP is issued.

A listing of Tier 2 suppliers, including Local Business Enterprises and MWDBE suppliers, that will be given the opportunity to be considered and/or utilized as Subcontractors for any work performed as a result of this RFP. The listing must include the following information: - The name, city and state - Type of Tier 2 status (local, women owned, minority/and or disadvantaged) - Any certification of such status including the entity granting the certification if applicable

I. CONSIDERED SUBCONTRACTORS/ TIER 2 SUPPLIERS

Company Name: Federal Tax ID No.:

Nevada Business License No.:

Business License Exp. Date:

City: State: Phone No.:

Business Status (in accordance with General Terms and Conditions):

Minority Business Enterprise (MBE) Small Business Enterprise (SBE) Women-Owned Business Enterprise (WBE) Local Business Enterprise (LBE) Disabled Veteran Business Enterprise (DVBE)

Certification No.: Issued by:

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SECTION I LIST OF SUBCONTRACTORS/ TIER 2 SUPPLIERS

RFP No.: Company Name:

II. UTILIZED SUBCONTRACTORS/ TIER 2 SUPPLIERS

Company Name: Federal Tax ID No.:

Nevada Business License No.:

Business License Exp. Date:

City: State: Phone No.:

Business Status (in accordance with General Terms and Conditions):

Minority Business Enterprise (MBE) Small Business Enterprise (SBE) Women-Owned Business Enterprise (WBE) Local Business Enterprise (LBE) Disabled Veteran Business Enterprise (DVBE)

Certification No.: Issued by:

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SECTION J – ATTACHMENTS INSURANCE (ATTACHMENT J-1) Sample Certificate of Liability Insurance ACORD 25 1 page

FOOD SERVICES SQUARE FOOTAGE AND DRAWINGS (ATTACHMENT J-2) 7 pages

CAMPUS FOOD SERVICES EQUIPMENT LIST (ATTACHMENT J-3) 3 pages

SAMPLE CONTRACT (ATTACHMENT J-4) 14 pages

VENDING MACHINE LOCATIONS (ATTACHMENT J-5) 4 pages

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