Information Technology Services One Card Office Stoddard Hall 24C Northampton, MA 01063 Tel. # (413) 585-2624 Fax # (413) 585-3073 Email: samoore@smith.edu REQUEST FOR PROPOSAL (RFP) Vending Services Issued January 30, 2013 Smith College Request for Proposal (RFP) Vending Services 1 TABLE OF CONTENTS 1. Overview 2. Submission Requirements and Questions 3. RFP Terms & Conditions 4. Decision Criteria 5. RFP Response Specifications 6. Proposal Requirements 7. Contract Terms and Conditions Attachments: Smith College Vending usage by machine.xls - Excel spreadsheet with 1 tab SC Vending RFP Commission Sheet.xlsx – Excel spreadsheet with 1 tab Smith College Request for Proposal (RFP) Vending Services 2 Request for Proposal 1. OVERVIEW Smith College is seeking a partner(s) to provide vending services that are reasonably priced and customer service oriented. The service must offer energy efficient, well maintained, quality equipment with a reasonable financial return to the College. The College feels strongly about providing high quality vending options at the lowest possible prices to our students and other community members. The College has approximately 2600 student residents and over 1300 faculty and staff, as well as various visiting students and other guests that use our facilities. We currently have 47 beverage machines and 13 snack machines. Smith is in the process of selecting a new OneCard vendor. The new system will be implemented over the summer of 2013 and, with limited exceptions, the new vending machines will need to be equipped to accept both coins / bills and the Smith OneCard for payment. Smith is interested in commission offers based on the vending provider covering 100%, 50% and 0% of the upfront reader cost. 2. SUBMISSION REQUIREMENTS AND QUESTIONS 2.1 Communications 2.1.1 Vendors are to direct all communications and questions regarding this RFP to: samoore@smith.edu 2.1.2 All questions must be submitted via email and will be responded to via email to all registered respondents. 2.2 Request for Proposal instructions 2.2.1 If you intend to submit a response to this RFP, please indicate such intent via e-mail to samoore@smith.edu by 10:00 a.m. EST February 6th, providing a contact person and the email address to which any notifications should be sent. Upon receipt of your email, Sharon will email back saying that she received your email. If you do not receive a confirming email, please check the email address to ensure you sent it to the correct email box. 2.2.2 Vendor Meeting: As part of this RFP process, participants must attend a mandatory meeting and walk-through on February 7th at 1:30 p.m. EST, the meeting will be held at in the Stoddard Hall, G4 Ground Floor level conference room, following the meeting we will visit a small number of vending locations. The street address for Stoddard Hall is 23 Elm Street, Northampton, MA 01063, metered parking is available in front of the building along Elm Street and on the adjacent side streets. Smith College Request for Proposal (RFP) Vending Services 3 2.3.2 RFP Due Date: The proposals are due by 2:00 p.m. EST on February 22th. Respondents should allow sufficient time to insure the timely receipt of their proposal. Seven (7) paper copies, with one marked original, must be delivered to: Smith College One Card Office Stoddard Hall 24 Northampton, MA 01063 Att: Sharon Moore In addition, an electronic version (in Microsoft Word and Excel formats only) must be emailed to samoore@smith.edu 2.2.4 An Officer or Director of your company who is legally authorized to enter into a binding agreement must sign the proposal. 2.2.5 Vendors may submit responds for beverage vending, snack vending or both. Please clearly indicate in your response if you are bidding on one or both. Smith College reserves the right to award beverage and snack vending separately. If you wish to place an additional bid contingent on a joint award of both beverage and snack vending you may complete an additional Commission Sheet, which you must clear label as “Joint Award Only”. Smith College reserves the right to reject incomplete proposals and proposals received after the due date. Vendors should note any exceptions to the RFP requirements in their proposals. 2.2.6 You are responsible for the accuracy of the information submitted. 2.2.7 The attached Excel spreadsheet lists the locations and annual revenue from our existing snack and beverage vending machines. Except as noted below, proposals should include placing machines in all of the locations where we currently have machines. Vendors can choose not to place machines in the following locations in order to minimize expenses and maximize the return to the college. Locations were machines may be eliminated Ainsworth Gym 2nd Soda Machine Gamut 2nd Soda machine Stoddard Hall beverage vending machine Stables Chapin House Duckett House Hubbard House Tyler House Washburn House 2.2.8 Proposals must indicate commission offers based on the vendor covering 100% of the cost of the new OneCard Readers, 50% of the cost and 0% of the cost. The cost of the OneCard readers is $1,095 each. 2.2.9 Smith intends to finalize negotiations and award a contract by the end of March 2012. Smith College Request for Proposal (RFP) Vending Services 4 2.3 Proposal submission 2.3.1 Proposals should include a company overview, including how long you have provided vending services, the number of employees you have, where your facilities are located, how large of a presence your company has in Western, MA and any other information you feel may be relevant to our understanding your ability to support the needs of Smith College. 2.3.2 Proposal must address all issues outlined in this RFP 2.3.3 Proposal must include machine installation, machine pick-up during and at the end of the contract and any/all maintenance costs. 2.3.4 Proposals must include three references, preferably educational institutions or companies with a comparable sized work-force that has signed an agreement within the last three years within a 100 mile radius of Smith College. 2.3.5 Proposals should include the steps the vendor has taken to be environmentally sustainable. 2.4 Vending Machines 2.4.1 All vending machines must be energy star rated. 2.4.2 Describe the machines you will be using, including if they are new or refurbished and their energy consumption. 2.4.3 Provide images of the machines that you would use at Smith College. 2.4.4 Describe all energy efficiency features on your machines. 2.4.5 Do you offer combination machines that vend both beverages and snacks? Would using combo machines impact your commission offer? 2.5 Machine Installation and Set-up 2.5.1 The vendor will be responsible for the delivery, installation and positioning of all vending machines. 2.5.2 The college will provide the electrical and data jacks at the vending machine locations. 2.6 Card Reader Hardware and Set-up Smith College Request for Proposal (RFP) Vending Services 5 2.6.1 Smith is in the process of selecting a new OneCard vendor. The new OneCard vending readers will be CS Gold IP MDB Vending Readers with Mag Insert. The cost of the OneCard readers is $1,095 each. 2.6.2 All vending machines must be equipped with OneCard Readers, except the two (2) machines located in the Facilities Building. 2.6.3 All machines must be equipped to accept coins and bills. 2.6.4 The vendor will be responsible for installing the new OneCard readers in the vending machines and will assist with troubleshooting. 2.6.5 All OneCard readers will remain the property of Smith College. Upon request by the College, the vendor must uninstall the readers from the vending machines and returned them to Smith College at no cost to the college. 2.6.5 As an alternative to the OneCard Readers, do you offer credit card and/or debit card readers for payment in your vending machines? If so, please describe including any additional cost to requirements. 2.7 Product Mix 2.7.1 Smith wants to provide our community members a variety of beverage and snack options at reasonable prices. We currently offer Polar 12 oz. canned beverage for $1.00 and would like to keep a product offering in that price range. 2.7.2 Coca Cola products are prohibited from sale on-campus and cannot be stocked in vending machines under this agreement. 2.7.3 Highly caffeinated “Energy Drinks” should not be included in the product selection. 2.7.4 Provide separate product menu lists for beverage and snack vending machines, including brand names, product size, and vending price. 2.7.5 In addition to traditional vending offering, Smith is interested providing healthy alternatives. Please provide information on healthy options that you offer, again including brand names, product size and vending price. 2.7.6 Do you provide nutritional information on the products available either on the vending machines or via a website. If so, please provide examples. 2.7.7 All vended products must be stamped with a final sale date, and removed from machines prior to that date. 2.8 Service and Maintenance Smith College Request for Proposal (RFP) Vending Services 6 2.8.1 Describe the process you will provide for service calls or machine trouble notifications both via phone and/or web based form. 2.8.2 Submit a refund policy and procedure. 2.8.3 All personnel shall comply with federal, state and local regulatory agency requirements pertaining to food and beverage handling procedures, and in no way endanger the health and welfare of the campus community. 2.8.4 Vendor must ensure that all personnel will have a proper identification badge. 2.8.5 Smith College is a women’s college and will have vending machines in Residence Houses. Vendor representatives must be appropriately respectful in behavior at all times. 2.8.6 Are all company representatives that will be servicing vending machines on-campus CORI reviewed? 2.8.7 At anytime during the term of the contract the college may alter vending locations, the vendor is responsible for the relocation or removal of machines as needed. 2.8.8 The vendor may be required to increase/decrease the number of machines at the request of the college. 2.9 Licenses and Permits Vendors will provide all local, state and federal licenses and permits necessary to cover all contractual services to Smith College at the time the contract becomes active. 2.10 Service Vehicle Parking Parking of contractor and employee vehicles will be the responsibility of the vehicle owner. The contractors are subject to all Parking Regulations existing on campus. Service vehicle drivers may obtain a visitor parking pass between the hours of 8:30am-4pm on regular business days, at the Smith College Campus Police Parking Office on 126 West St. Outside these hours service vehicles are allowed to park at any “white line” spaces or at designated service vehicle parking locations. Smith intends to finalize negotiations and award a contract by the beginning of March 2012. 3. RFP TERMS AND CONDITIONS 3.1 No Contractual Relationship Nothing contained in this RFP creates, nor shall be construed to create, any contractual relationship between Smith College and any Vendor. Smith College makes no commitment in or by virtue of this RFP to purchase any services or supplies from any Vendor. Nor does receipt of any Vendor's proposal place Smith College under obligation to enter an agreement to purchase supplies/services with that or any other Vendor. Such Agreement shall be in a form acceptable to Smith College and shall be signed by both parties. The Vendor agrees to incorporate its representations set forth in its Smith College Request for Proposal (RFP) Vending Services 7 response to this RFP concerning performance into the Agreement. Each proposal shall constitute an offer, which remains valid for a minimum period of 6 months after the proposal submission date. Any proposal submitted by a Vendor is subject to review and negotiation by Smith College. 3.2 Confidentiality of information: This RFP, and all information provided to the Vendor in connection herewith, is Smith College’s confidential and proprietary information. The Vendor may not disclose this RFP or any information that Smith College may provide to any other person or entity without the prior written approval of Smith College. The Vendor may use such information solely for the purpose of responding to this RFP. Absent Smith College’s written permission, the Vendor may not disclose to any third party or person that it has received this RFP, the substance of this RFP, or any decision with respect to the Vendor’s proposal. 3.3 Confidentiality of proposals: The Vendor’s proposal shall become the sole and exclusive property of Smith College. Smith College reserves the right to modify, reject, or use without limitation any or all of the ideas from the proposals. Smith College will not disclose Vendor’s confidential information in the proposal clearly marked as such, i.e., that which is not otherwise publicly available, to any party other than its attorneys, representatives, regulators, or staff in connection with the preparation of this RFP and the evaluation of such proposal. In the event any information supplied to Smith College is confidential, please note such confidentiality in a separate letter. 3.4 News releases: Vendors who are submitting a proposal are not at liberty to discuss this RFP outside the Smith College community. If a Vendor is awarded an agreement, they are not to release the details of this RFP without written permission from Smith College 3.5 Proposal costs and liability: Expenses incurred in preparing and presenting a proposal to Smith College is the sole responsibility of the Vendor and may not be charged to Smith College in any way. The Vendor specifically agrees that Smith College shall not have legal liability of any kind for its actions in releasing this RFP, or considering and choosing among the proposals. Nor shall Smith College accept any liability or responsibility for the Vendor’s actions vis-à-vis Smith College or any third party in receiving and responding to this RFP. 3.6 Basis for Award of Agreement You are hereby advised that Smith College is not committed to any course of action as a result of its issuance of this RFP and/or its receipt of a quote from you or other firms in response to it. In particular, you should note that Smith College might: Reject any proposal that does not conform to instructions and specifications that are issued herein Reject proposals after the stated submission deadline Negotiate with one or more Vendors Smith College Request for Proposal (RFP) Vending Services 8 Award a contract in connection with this RFP at any time Award only a portion of the contract Make no award of a contract Contract with a Vendor that does not offer the lowest price Reject all proposals, if it so decides You are also advised that Smith College will not reimburse your firm for any proposal preparation costs or other work performed in connection with this RFP, whether or not your firm is awarded a contract. 3.7 Amendments to RFP: Smith College reserves the right to amend, modify, withdraw, cancel, or terminate this RFP at any time. If the RFP is amended or modified, it will be in writing from Smith College. Vendors are required to acknowledge all amendments in writing. 3.8 Exceptions to the RFP: Any exception to the RFP by the Vendor must be explained in detail, in writing. An exception is defined as the Vendor’s inability to satisfy a requirement in the manner specified in the RFP. If the Vendor provides an alternative solution, the costs and the benefits of the alternative solution must be completely explained as well as any assumption made in proposing such solution. 4. DECISION CRITERIA Smith College will utilize the following criteria (not necessarily in this order) in choosing a Vendor: Commission Product offerings and product prices Quality, efficiency and functionality of equipment to be provided Implementation plans and service guarantees Other distinctive capabilities 5. RFP RESPONSE SPECIFICATIONS NOTE: Unless otherwise expressly stated herein, all quotations furnished pursuant to this request shall be deemed to be offers. Any exceptions to this RFP must be clearly and specifically noted. Smith College reserves the right to reject any or all offers for any reason. 5.1 The period of this contract is 5 years, with two one-year extensions mutually agreed upon by Smith College and the Vendor. 5.2 The Vendors may submit responds for beverage vending, snack vending or both. 5.3 All responses to questions and specific bids must be provided in a concise yet detailed manner. 5.4 All prices must be in US dollars and cents. Smith College Request for Proposal (RFP) Vending Services 9 5.5 Smith College reserves the right to change items placed for quote and have Vendors re-bid on any changes. 6. PROPOSAL REQUIREMENTS 6.1 Trouble Reporting The Vendor shall provide a means (telephone or on-line) for Smith College personnel to ask questions or report down equipment. 6.2 Service Levels and Guarantees Service levels also include other performance levels in this document including, but not limited to the following: 6.2.1 The Vendor must have extensive experience with vending. 6.2.2 The vendor must furnish all labor, equipment and materials necessary to keep machines stocked, up and running. 6.2.3 All fees, fuel, travel, etc. are included in the price of the items quoted. 6.2.4 Bid prices shall remain firm throughout the term of the contract, unless otherwise agreed by both parties. 6.2.5 Any agreement or contract arising from this solicitation will be subject to the cancellation by the Smith College upon written notice and without penalty to the Smith College, if in the opinion of the College, the quality, delivery, specifications, terms, conditions, or other service requirements are not maintained as originally stated and accepted by the vendor. Smith College reserves the right to cancel contract in whole without penalty given at 90 day notice to Vendor. 6.3. Insurance The awarded vendor shall purchase and maintain as its sole cost and expense throughout the term of this Agreement adequate insurance coverage necessary for the performance of the work under the Contract. Such Insurance should include, but not be limited to the following types and amounts of coverage: a) Comprehensive general liability insurance, covering bodily injury in the sum of not less than one-million dollars ($1,000,000) per person and one-million dollars ($1,000,000) per occurrence and property damage in the amount of not less than one-million dollars ($1,000,000) per occurrence; b) Workers’ compensation insurance in accordance with the laws of the Commonwealth of Massachusetts; Employer’s Liability Insurance in the amounts of $1,000,000/$1,000,000/$1,000,000. c) Comprehensive automobile liability insurance, including operation of owned, nonowned, and hired automobiles, covering bodily injury in the sum of not less than onemillion dollars ($1,000,000) per person and one-million dollars ($1,000,000) per occurrence and property damage in the amount of not less than one-million dollars ($1,000,000) per occurrence; Smith College Request for Proposal (RFP) Vending Services 10 d) If available generally to members of Vendor's profession, professional liability (errors and omissions) insurance on a claims-made basis with limits of liability of not less than one million dollars ($1,000,000). e) Excess Liability insurance in the amount of $1,000,000, occurrence and aggregate. All insurance required hereunder shall be maintained in full force and effect in a company or companies reasonably satisfactory to the Institution and shall be purchased and maintained at vendor’s expense for the duration of the Agreement. All insurance required hereunder shall name “The Trustees of the Smith College, its agents, its employees, and its assigns” as additional insureds to the Vendor’s General Liability, Employer’s Liability and Excess policies as may be applicable, and shall contain a clause requiring written notice to the Institution thirty (30) days in advance of the cancellation, non-renewal, or material modification of said insurance as evidenced by return receipt of United States certified mail. Certificates of insurance shall be supplied contemporaneously with the execution and delivery of a final contract and 30 days in advance of any policy renewal that may occur during the contract period. Said certificates shall evidence compliance with all provisions of this section. If the conveyance of additional insured status is provided only through an endorsement to the insured’s policy, the vendor shall be responsible for providing a copy of the endorsement with the certificate. This insurance requirement shall not be construed as limiting in any way the extent to which vendor may be held responsible for the payment of damages to any persons resulting from its operations or the activities of any person or persons for whom it is liable. 7. CONTRACT TERMS AND CONDITIONS 1. Entire Agreement - The terms and conditions of this contract constitute the entire agreement between parties hereto and supersede all previous agreements, promises or representations whether written or oral. This contract may not be changed, altered or modified except by an instrument in writing signed by a duly authorized representative of both parties. 2. Acceptance - The Vendor agrees to and accepts the terms and conditions stated herein. 3. Payment Terms - Payment for services provided to Smith College are net 30 days upon receipt of invoice unless otherwise agreed to in writing by both parties. 4. Tax Exempt - Smith College is exempt from Massachusetts Sales Tax. 5. Applicable Law - The Vendor shall comply with all Federal, State and local laws, standards and regulations applicable to the services being provided under this contract. 6. Vendor Default - Any other provision of this Agreement notwithstanding, if the Vendor becomes financially unstable, defaults or otherwise fails to comply with any of the terms, provisions or conditions of this Agreement or in any of the Exhibits or Amendments which are part of this Agreement, Smith College may elect to pursue any one or more of the following remedies in any combination or sequence: a. seek damages. b. withhold or reduce payment(s) until the default is resolved to the satisfaction of Smith College. c. require the Vendor to correct or cure the default to the satisfaction of Smith College. d. suspend the execution of all or part of the services. e. require that unexpended or improperly expended funds be returned to Smith College. Smith College Request for Proposal (RFP) Vending Services 11 f. g. h. recover any money owed to Smith College from any future payments owing under this Agreement or any other Agreement between Smith College and The Vendor. terminate this Agreement effective upon a date specified in a written notice delivered to the Vendor. any combination of the above actions. 7. Prior to invoking any of the remedies for default specified in this paragraph, Smith College shall notify the Vendor in writing of the facts and circumstances constituting default or failure to comply with the conditions of this contract and proposed remedies, if any. Within ten (10) business days of receipt of this notice, the Vendor shall correct such default and/or non-compliance to the satisfaction of Smith College and submit written documentation of the correction to Smith College. If Smith College finds that the default has not been corrected to its satisfaction, it shall provide written notice to the Vendor of the continuing default and may immediately or at any time thereafter invoke any or all remedies set forth in this paragraph. 8. Controversies or Claims - Any controversy or claim arising out of this Agreement shall be construed and interpreted in accordance with applicable state and federal law. The Vendor shall notify Smith College of any claim or controversy brought against it by any person or entity duri ng the term of this agreement. 9. Warranty - The Vendor agrees that all goods and services provided hereafter will conform to specifications furnished or adopted by Smith College, and that such goods and services will be fit and sufficient for the purposes intended. 10. Final Inspection – All goods and services provided pursuant hereto shall be subject to final inspection by Smith College before acceptance thereof by Smith College is affected. Smith College reserves the right to reject services that are not provided in compliance with the purchase order. 11. Non-Waiver - Failure of Smith College to insist upon strict performance of any terms and conditions herein shall not be deemed a waiver of any rights or remedies that Smith College may have, nor deemed a waiver of any rights or remedies Smith College may have for any subsequent default. 12. Equal Opportunity - Smith College is an Equal Opportunity employer and purchaser. No employee or applicant for employment or vendor will be discriminated against because of race, color, religious creed, marital status, national origin, ancestry, sex, sexual orientation, or age. 13. Governing Law - This contract and any resulting purchase order shall be governed by and construed in accordance with the laws of the State of Massachusetts. 14. Cancellation - This contract may be canceled by Smith College for non-performance upon 30 days written notice to the Vendor. In the event of cancellation, all monies due shall be prorated against the value of services accepted by Smith College. 15. Contract Period - The contract period will commence on March 1, 2012. With mutual written agreement of both parties, the contract may be extended for two (2) additional, one-year periods. In addition, with mutual written agreement of both parties, the contract may be extended on a month-to-month basis for no longer than 6 months. 16. Contract Price - Prices must remain firm during the contract period. Price reductions may be taken at any time. Price increases shall not be granted unless specifically allowed for in this contract and by mutual written agreement of both parties. 17. Contract Amendments - Any changes to the Agreement will be made in the form of a written amendment signed by both parties. Smith College Request for Proposal (RFP) Vending Services 12 18. No Joint Venture – Nothing contained in this contract shall be construed as creating a joint venture, partnership, or employment relationship among the parties hereto, nor shall any party have the right, power, or authority to create any obligation or duty, express or implied, on behalf of any other party. 19. Indemnification - The Vendor hereby agrees to indemnify and hold Smith College, its agents, employees, officials and representatives harmless from any and all claims, causes of action, demands for damages, or liabilities of any kind, including the reasonable costs to defend such action regardless of whether such action is successful or not, brought by any person or entity whatsoever, arising from any act, error, or omission of the Vendor and or its employees during or resulting from Vendor's activities (including those of its subVendors) under this contract. 20. Notice of Litigation - The Vendor agrees to notify Smith College if the Vendor is, or has a reasonable cause to expect to be, subject to litigation which might adversely affect the Vendor's ability to perform the agreed services or affect the Vendor's financial capacity. 21. Confidentiality – Vendor agrees to keep confidential and not to disclose to third parties any information provided by College pursuant to or learned by Vendor during the course of this RFP process unless Vendor has received the prior written consent of College to make such disclosure. This provision shall survive expiration and termination of this RFP process. This obligation of confidentiality does not extend to any information that: 1) Was in the possession of Vendor at the time of disclosure by College, directly or indirectly; 2) Is or shall become, through no fault of Vendor, available to the general public; or 3) Is independently developed and hereafter supplied to Vendor by a third party without restriction or disclosure. The Vendor warrants that all of its operations are compliant with all federal and state laws, rules and regulations pertaining to privacy and/or security of personal date. Vendor is not permitted to share and agrees that it will not share any "confidential data" with any other College vendor without first disclosing to the College in writing all data fields and all records to be provided, and receiving written authorization to provide the data. Record Keeping and Access - The vendor shall maintain books, records, documents, programs and individual service records and other evidence of its accounting and billing procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this contract. Company Name Telephone # Fax # Authorized Signature Date Email Address Print Name Title Other Smith College Request for Proposal (RFP)/Laundry Services Page 13