3.10 - Vice President for Finance and Administrationvpfa.boisestate.edu/process/procurement/...RFP.docx · Web viewEstablish a contract for exclusive management and operation of

BOISE STATE UNIVERSITY

BEST VALUE PROCUREMENTREQUEST FOR PROPOSAL

RFP #TS15-058

University Dining Services

Issue Date: January 21, 2015

TABLE OF CONTENTS

Page1. RFP Administrative Information 32. Scope of Work / Background / Expectations 53. Proposal Requirements and Evaluation Criteria 254. Submittal Format 305. General Information 33

Attachment A – RFP Cover Page and Checklist 40Attachment B – Proposal Form 42Attachment C – Financial Proposal and Financial Pro Forma Worksheet 43Attachment D – Scope of Services Submittal Template 49Attachment E – Risk Assessment Template 67Attachment F – Value Added Template 68Attachment G – Past Performance Information (PPI) Guide 69Attachment H – Reference List and PPI Score 70Attachment I – PPI Survey Questionnaire 71Attachment J – Vendor Question Submittal Form 72Attachment K – Milestone Schedule 74Attachment K – Signature Page 75

Exhibit 1 – Clarification Guide 76Exhibit 2 – Solicitation Instructions to Vendors 79

RFP #TS15-058 January 21, 2015 Page 2 of 84

1. RFP ADMINISTRATIVE INFORMATION RFP Title: University Dining Services

RFP Project Description: Establish a contract for exclusive management and operation of dining services on the Boise State University main campus except as described within or exempted by the Vendor.

RFP Lead: Terri Spinazza, Purchasing Director (“Buyer”)Mailing Address: 1910 University Drive Boise, ID 83725-1210Physical Address: 960 W. Broadway Ave., Suite 300, Boise, ID 83706Email address: [email protected] Phone: 208.426.2168 Fax: 208.426.1152

Purchasing Dept. Website (all RFP information and updates will be posted to this website):

http://vpfa.boisestate.edu/purchasing/

Validity of Proposal: Bid proposals are to remain valid for 180 calendar days after the scheduled RFP Closing Date. Proposals submitted with a validity period of less than this will be found non-responsive and will not be considered.

Term of Contract: Five (5) years with optional five (5) one (1) year renewals

Pre-Proposal Meeting, Vendor Education, Campus Site Walk:

February 6, 2015Location: Hatch C, 2nd floor of Student Union BuildingPre-proposal/vendor education 9 - 11 AM Mountain Time Vendors are highly encouraged to attend the pre-proposal and Best Value education meeting. Campus Site Walk 1-5PM Mountain Time. Contact [email protected] by January 30, 2015 with any mobility requirements and to RSVP attendance.

Deadline To Receive Questions: February 19, 2015, 5 p.m. Mountain Time

Answers To Questions Posted February 27, 2105

RFP Closing Date: March 17, 2015, 5 p.m. Mountain Time

RFP Opening Date: 10:30 a.m. Mountain Time the following work day after closing.

Shortlisted Vendor Interviews (anticipated):

April 27-29, 2015 at Boise State University

Potential Best Value Vendor Notified (anticipated):

May 4, 2015

Anticipated Clarification Kick-Off Meeting:

May 11, 2015 at Boise State University

Anticipated Date of Contract Award:

December 2015

Transition Period Begins: January 2016


Start of Service: July 1, 2016

1.1 The pre-proposal meeting and campus site tour will be held at the date, time and locationindicated in Section 1, page 3 of this RFP. This will be your opportunity to ask questions of the University staff. Those choosing to participate must pre-register via email with the RFP Lead so that site tour transportation arrangements can be made. This meeting will be used to explain, clarify, or identify areas of concern in the RFP.

Those asking questions during the pre-proposal meeting will be asked to submit those questions to the University in writing by the designated “Deadline-to-Receive-Questions” period as indicated in Section 1, page 3 of this RFP. For simplicity’s sake, offerors are strongly encouraged to submit just one, final set of questions, after the pre-proposal meeting but prior to the question deadline, rather than multiple sets of questions. Any oral answers given by the University during the pre-proposal meeting are to be considered unofficial. Meeting attendance is at the vendor’s own expense.

1.2 Proposal opening will be held at the location and time as indicated in Section 1 of this RFP.All offerors, authorized representatives, and the general public are invited, at their own expense, to be present at the opening of the proposals. During the proposal opening only the names of the vendors will be provided.


2. SCOPE OF WORK

2.1 BACKGROUND/SCOPE OF SERVICES EXPECTATIONS AND REQUIREMENTS The Boise State University (herein referred to as the University) is soliciting proposals for the exclusive management and operation of dining services on its main campus except as described within or exempted by the Vendor. The University shall only consider proposals from financially responsible firms presently engaged in the business of providing dining services. Each Vendor (proposer/firm) shall furnish the required documents substantially in the required format as outlined in this RFP to be considered responsive.

The University expects to award this project to the best value Vendor based on the requirements in this solicitation. The Vendor selected for award will be the Vendor whose proposal is responsive, responsible, and is the most advantageous to the University, as determined by the University in its sole discretion.

The University’s goals of this RFP are to.

1. Increase Financial Return to the University 2. Increase Satisfaction (University, Student, and University Clients) 3. Ensure prudent management in regards to sustainability of Dining Services

environmentally, economically, and socially

2.1.a. The Vendor shall require employees and volunteer organizations to comply with all instructions, regulations, and codes of conduct as specified by the University. All Vendor employed personnel and volunteer organizations shall be subject to University policies, rules and regulations in effect for all University employees while working on the Premises, including personal behavior and the use of University property.

2.1.b. The Vendor shall invest $547,500 as an initial investment. This is the amount of unamortized investment that the University currently owes for historical improvements made in food service.

2.1.c. The University is currently considering potential public/private partnership agreements in future building projects. These buildings, while managed by a private company, are exempt from this contract. The University may facilitate discussion between private management and Vendor for potential agreements.

2.2 CURRENT CONDITIONS All data provided by the University in relation to this RFP represents the best and most accurate information available at the time of RFP preparation. Should any data later be discovered to be inaccurate, such inaccuracy will not constitute a basis for Contract rejection or Contract amendment by a Vendor.

The University is looking to secure services equal to, or better than, the level of service currently provided.

The interactive campus map that includes food service locations can be found at:https://web.boisestate.edu/campusmap


https://web.boisestate.edu/campusmap

Information regarding the Master Plan can be found at:http://operations.boisestate.edu/campus-masterplan-2014

Additional statistical information regarding our student demographics can also be found at: http://enrollmentservices.boisestate.edu/enrollment-data/

2.2.a. QUICK FACTS ABOUT THE UNIVERSITY (Based on Academic year 2014-2015):Student Enrollment: 22,259 (FTE 15,643)Undergraduate Enrollment: 19,351Graduate Enrollment: 2,908Student population: 45 percent male and 54 percent female (1% undeclared)Average undergraduate age: 23.7Number of freshman in fall 2014: 6,262 Faculty: 650 full time; 525 part timeStaff: 1454 full time; 108 part timeApproximate number of students living on campus: 2,400

Additional details can be found in the Facts and Figures brochure located at:http://news.boisestate.edu/facts/

A student who is enrolled in two program levels within the same college, e.g., Undergraduate and Graduate, at the same point of time in a given semester is counted once in each Undergraduate and Graduate program level.

2.2.b. HISTORIC COUNTS AND GROSS SALESThe following outlines participation counts, sales (these exclude meal equivalency and flex dollar sales from the retail numbers as they are reflected in board), and commissions from the current contract.

Sales Commissions Sales Commissions Sales CommissionsRetail Sales 3,282,364$ 344,639$ 3,445,285$ 356,930$ 3,418,534$ 348,574$ BRC cash/commuter/conf/flex comm 896,479$ 123,296$ 951,960$ 127,985$ 1,173,880$ 152,721$ Board 3,743,618$ 1,138,680$ 4,202,031$ 1,358,361$ 4,221,135$ 1,055,420$ Concessions 1,039,495$ 345,416$ 1,230,925$ 396,809$ 1,105,453$ 361,334$ SSC Catering 712,073$ 118,683$ 768,025$ 129,636$ 918,945$ 148,916$ All other catering 1,477,033$ 214,062$ 1,614,938$ 233,308$ 1,529,455$ 223,161$ SSC Alcohol 237,832$ 66,930$ 273,846$ 75,963$ 236,521$ 63,164$ TBA Alcohol 175,960$ 69,482$ 299,763$ 127,091$ 270,452$ 110,992$ Other Alcohol 75,804$ 18,856$ 84,570$ 19,644$ 92,025$ 22,594$

Total 11,640,656$ 2,440,044$ 12,871,343$ 2,825,726$ 12,966,401$ 2,486,877$

*Board commission amounts reflect sales less food costs paid to vendor.Mandatory Residence Hall Meal Plans 1350 1451 1441

FY12 FY13 FY14

2.2.c. The University has a contract for exclusive beverage rights with The Coca-Cola Company and Swire Coca-Cola through June 30, 2018 with five (5) additional one (1) year renewal options. Vendor is required to adhere to all aspects of this established contract and any subsequent Beverage Rights


http://news.boisestate.edu/facts/

http://enrollmentservices.boisestate.edu/enrollment-data/

http://operations.boisestate.edu/campus-masterplan-2014

contracts.

2.3 SCOPE OF SERVICES The scope of the contract shall include management and operation of retail, board dining, catering, concessions, food vending, and alcohol sales as outlined below.

2.3.1 RetailThe scope of the contract shall include management and operation of the following dining locations. Note that provision of an identical brand portfolio is not required. Rather, the Vendor shall provide a mix of proprietary brands and national/regional/local brands designed to satisfy the wide range of food preferences in the campus community. The University reserves the right (up to 3 times per year) to bring external vendors to campus for events (e.g. a food truck rally) at the sole discretion of the University.

Existing retail locations and approximate annual sales (these sales numbers include flex dollar use and meal equivalency use):

Student Union:Chick Fil-A $321KLa Tapatia, Mai Thai $162KSubway $429KMoxie Java $211KC3 $396K

Multi-Purpose Classroom Building:Moxie Java $55K

Interactive Learning Center:Einstein’s Bagels $389KPapa Johns, Grill, Panda Express $1,006K

Library:Starbucks $471K

Education Building:Subway $231K

Chaffee Hall:Wilk POD $265K

Micron Business and Economics Building:Simplot Café $140K

Current Standard Hours of Operation:

Moxie Java

Mai Thai

SUB SUBWA

Y

Fresh Expres

s

La Tapati

laChickfil

aSubwa

yStarbuc

ks

SUNDAY C C 11A-6P 11A-9P C C C10:30 A-

9P

MONDAY 7A-7P 11A-2P 7:30A-7P 7A-8P7:30A-

2P10:30A-

7P8A-

6:30P6:30 A-

10P

TUESDAY 7A-7P 11A-2P 7:30A-7P 7A-8P7:30A-

2P10:30A-

7P8A-

6:30P6:30 A-

10PWEDNESD

AY 7A-7P 11A-2P 7:30A-7P 7A-8P7:30A-

2P10:30A-

7P8A-

6:30P6:30 A-

10P

THURSDAY 7A-7P 11A-2P 7:30A-7P 7A-8P7:30A-

2P10:30A-

7P8A-

6:30P6:30 A-

10P


FRIDAY 7A-6P 11A-2P 7:30A-6P 7A-6P7:30A-

2P10:30A-

5P 8A-4P 6:30A-5P

SATURDAY 8A-1P C 11A-6P 10A-5P C10:30A-

5P C 10A-5P

Moxie Cafe MPC Bldg.

Simplot Café COBE

Einsteins

C-Store

Papa John's

Panda Express Grill W-POD

SUNDAY C C C C C C C 11A-12A

MONDAY7:30A-

2P7:30A-7:30P 7A-7:00P 7:30A-8P

10:30A-7P

10A-7:30P

10:30A-6P 10A-12A

TUESDAY7:30A-

2P7:30A-7:30P 7A-7:00P 7:30A-8P

10:30A-7P

10A-7:30P

10:30A-6P 10A-12A

WEDNESDAY

7:30A-2P

7:30A-7:30P 7A-7:00P 7:30A-8P

10:30A-7P

10A-7:30P

10:30A-6P 10A-12A

THURSDAY7:30A-

2P7:30A-7:30P 7A-7:00P 7:30A-8P

10:30A-7P

10A-7:30P

10:30A-6P 10A-12A

FRIDAY7:30A-

2P 7:30A-1P 7A-3P7:30A-4:30P

10:30A-3P 10AM-4P

10:30A-2P 10A-12A

SATURDAY C C C C C C C 11A-12A

2.3.1.a. Vendor must submit proposed concepts including locations, meal equivalency options, pricing, annual sales projections, minimum revenue guarantee and commissions, and hours of operation for regular semesters, break periods, and summer. There must be a minimum of one venue open until midnight. There must be at least one meal equivalency option at each retail location.

2.3.1.b. Vendor will be responsible for any capital improvement costs associated with a new concept, mandatory remodels due to any franchise requirements, and replacement of equipment as needed. The Vendor will give ownership of all equipment to the University.

2.3.1.c. Point of Sale Equipment - The Vendor shall use the University’s Point of Sale Devices and pay the annual maintenance fees associated with the devices in the Vendor’s operations (current fees are at $18,000). In addition, the Vendor must maintain a 5-year replacement cycle on registers and scanners by replacing 1/5 annually.

2.3.2 Board DiningCurrent meal plan policy requires all first year students living on campus, as well as any other students living in Chaffee Hall, Driscoll Hall, Morrison Hall, Keiser Hall, Taylor Hall and Towers Hall to purchase residential meal plans. Existing meal plan details:

Current meal plan pricing per semester (excludes tax):Meals per Flex

Week Dollars FY15 FY14* FY13 FY12 FY117 day all access 50 1820 1750 1750 1700 N/A5 day all access 175 1715 1650 1650 1600 N/A

19 50 1715 1650 1650 1500 140014 175 1610 1550 1550 1500 140012 225 1610 1550 1550 1500 140010 375 1610 1550 1550 1500 1400

Add 16 guest 115 115 115 N/A N/A


*All plans increased $50 In flex over previous year.

Current daily rate University pays to Vendor for meal plans:

All access All access 19 Meal 14 Meal 12 meal 10 Meal 7 days 5 days Plan Plan Plan Plan$50 flex $125 Flex $50 flex $175 Flex $225 Flex $375 Flex

Number of Students1300 + 11.89 11.19 10.14 9.75 9.43 8.73

1275 - 1299 12.02 11.30 10.24 9.85 9.53 8.82

1250 - 1274 12.12 11.40 10.33 9.94 9.62 8.90

1225 - 1249 12.24 11.52 10.43 10.04 9.72 9.00

1200 - 1224 12.37 11.64 10.55 10.14 9.83 9.09

1175 - 1199 12.49 11.75 10.64 10.24 9.92 9.20

1150 - 1174 12.64 11.89 10.76 10.36 10.05 9.28

1125 - 1149 12.77 12.01 10.87 10.46 10.15 9.39

1100 - 1124 12.90 12.13 10.98 10.57 10.26 9.50

1075 - 1099 13.04 12.27 11.10 10.69 10.38 9.61

1050 - 1074 13.21 12.43 11.24 10.83 10.52 9.73

1025 - 1049 13.37 12.58 11.37 10.96 10.65 9.84

1000 - 1024 13.52 12.72 11.49 11.08 10.77 9.97

975-999 13.70 12.89 11.64 11.23 10.92 10.11

950-974 13.89 13.07 11.80 11.39 11.08 10.24

925-949 14.09 13.26 11.96 11.55 11.24 10.39

900-924 14.29 13.44 12.13 11.71 11.40 10.54

875-899 14.50 13.64 12.30 11.88 11.58 10.69

850-874 14.73 13.86 12.49 12.07 11.77 10.87

825-849 14.97 14.09 12.69 12.27 11.97 11.04

800-824 15.24 14.33 12.91 12.49 12.18 11.23

775-799 15.50 14.58 13.12 12.70 12.40 11.44

750-774 15.77 14.84 13.35 12.93 12.63 11.66

725-749 16.09 15.13 13.61 13.18 12.88 11.87

700-724 16.41 15.44 13.88 13.45 13.15 12.12

675-699 16.76 15.76 14.16 13.73 13.43 12.36

650-674 17.13 16.12 14.47 14.04 13.74 12.65

Meal Plan Rate Schedule 2014-2015

Minimum hours of operation for BRC:Monday-FridayBreakfast 7:15-10:15am


Lunch 11:00am-2:00pm*Afternoon 2:00-5:00pmDinner 5:00-9:00pm

Saturday-SundayBrunch 10:30am-2:00pmDinner 4:00-9:00pm

* There is currently an hour break in service in the afternoon that we would consider again pending price savings.

Residential and Mega Meal Plan Rules:One meal can be used per meal period (except on all access plans which are unlimited).Meal Periods:

Monday-Friday Saturday-SundayStart End Start End

Breakfast 6:55 11:00 6:55 10:30Brunch 10:30 2:00Lunch 11:00 2:00Mid-day 2:00 5:00 2:00 4:00Dinner 5:00 8:00 4:00 8:00Late Night 8:00 11:59 8:00 11:59

Each plan purchased includes 16 guest meals that can be used anytime during the semester (unlimited use per transaction).

All meals (including guest meals) can be used at BRC or for a grab and go meal equivalency at other dining venues on campus.

All access plans can use one grab and go meal equivalency per meal period. Unused meals expire weekly and new week begins each Monday. Flex dollars can be used at any retail location or for pizza delivery from Papa Johns. Unused flex dollars expire at the end of the semester. All plans can be paid in full at time of purchase through the Information Desk in the Student Union

Building or the Residential Meal Plans for students living on campus can be billed to their student account (done through Housing and Residence Life) and divided into a payment plan. Installments for Fall payment plans (processed through Housing and Residence Life) are due Jul 25,

Aug 25, Sep 25, Oct 25 and Nov 25. Installments for Spring payment plans (processed through Housing and Residence Life) are due Dec

25, Jan 25, Feb 25, Mar 25, and Apr 25.

Grab and Go Meal Equivalency options:C3 in SUB, ILC, and Wilk:

Prewrapped English muffin sandwich, whole fruit, 20 oz. fountain beverage Wedge sandwich (3 options with one vegetarian), piece of .89 whole fruit OR small bag of chips, 20 oz

fountain beverage Chicken Caesar, Garden, or Chef salads, 20 oz fountain beverage


Grille Works: Cheeseburger (lettuce and tomato available), small non-curly fry, 20 oz fountain beverage

COBE: Breakfast pastry (muffin or bagel), whole fruit, drink (drip coffee, tea, or orange juice Flatbread pizza (cheese or pepperoni), whole fruit or small bag of chips, 20 oz fountain beverage

Subway (at SUB and Education): 6 inch turkey, ham, veggie, or meatball sandwich

Panda Express: Chow Mein or fried rice and protein (equivalent to Panda child size)

Wilk POD: Grill option from 4-11pm with a brewed coffee (advertised daily)

Voluntary Meal PlansMeals per Flex

Year Dollars FY15 FY14 FY13 FY12 FY1145 75 425 415 405 395 38045 0 355 345 330 320 31022 0 175 170 165 160 15510 0 81 79 76 75 72.5

5 0 43 42 41 40 37.5 100 90 90 90 90 N/A

Voluntary Meal Plan Rules: Unlimited meals can be used per meal period. Meals can be used at BRC or a grab and go meal equivalency at other dining venues on campus. Meals and flex dollars expire one year from date of purchase or upon termination of relationship with

Boise State. Flex dollars can be used at any retail location or for pizza delivery from Papa Johns.

2.3.2.a. Vendor must submit pricing for existing meal plans, propose new meal plans and proposed pricing, and hours of operation. Additionally, the Vendor must share sample menus. Menu cycles must be a minimum of 3 week cycles and must change each semester. The University collects board dining retail rate from students. The Vendor will be paid based on the daily rate proposed on a weekly basis based on the number of students on the plan. The University maintains authority to determine retail rates to students.

2.3.2.b. The University will provide Vendor all kitchen smallwares, china, silver and glassware for board dining operations. Vendor will be required to take an annual inventory in conjunction with the University and replace any losses.

2.3.2.c. Vendor must allow residential students to adjust their meal plan any time within the first 2 weeks of each semester.

2.3.2.d. Unless changes to the meal plans are approved, annual increases shall be limited to the increases in the U.S.D.A. Regional (for the region in which Boise is located) Wholesale Food Price Index for the


preceding 12-month period.

2.3.2.e. Each meal at the all-you-can-eat dining facility will include a sufficient numberand variety of vegetarian, vegan, lactose free and gluten free options.

2.3.3. CateringThe scope of the contract shall include management and operation of all catering on the Boise State University main campus unless exempted by mutual agreement of the Vendor and University on a case by case basis. It will include catering off of the main campus in a non-exclusive capacity. The main campus for purposes of this contract is defined as University owned buildings contained within the area south of the Boise River, west of Broadway Avenue, north of Beacon Street and Boise Avenue, and east of Capital Boulevard.

Current Commission Structure:On campus/non-profit groups 14.4% (receive an 18% from catering menu prices)Off campus groups 19.4%

Current Service Standards:

Service Style # Servers # customersContinental Breakfast 1 50Lunch Buffet 1 50Dinner Buffet 1 50Reception 1 50Reception-passed 1 30Plated Events 1 32Plated VIP Events 1 24Bar- Beer and wine 1 100Bar- Full Bar 1 75

2.3.3.a. Vendor must submit menus and pricing for catering, student catering (expected to operate without profit), and game day suite menus and buffet options. Menus must include the product grade and weight. Vendor must also specify service standards. Catering menus must ensure adequate options that meet the per diem limitations for departmental catering orders.

Current per diem rates:All Day $30Breakfast $7.50Lunch $10.50Dinner $16.50

2.3.3.b. The University will provide Vendor all kitchen smallwares, china, silver and glassware for catering operations. Vendor will be required to take an annual inventory in conjunction with the University and replace any losses.

2.3.3.c. The Vendor must utilize the University’s Event Management System (EMS Enterprise Version 6.0) for estimating and planning catered events. The Vendor must fund two full-time event coordinator


positions (estimated salary $36,000 plus benefits $18,000 for each position) that will be responsible for managing catering orders working with Vendor and the University’s Conference Services department. Billing to clients will be combined and the University will pay Vendor weekly based upon collections received.

2.3.3.d. Exemptions from exclusive rights. For events or meetings that are not at the Student Union or Stueckle Sky Center and require

less than $200 in food and beverage service, the University constituents are not required to use the Vendor’s catering services. This dollar amount may be adjusted upon mutual agreement between the Vendor and the University.

For fundraising events held outside of the Student Union Building by the President or University Advancement Office regardless of dollar amount, the President or University Advancement Office is not required to use Vendor’s catering services.

Food/snacks/beverages for regular meetings of recognized student organizations where the public is not invited are exempted. Please note that an approval process is in place for this exception and the Vendor must still offer a low-cost service that meets this need and keeps this business (and good will) on campus.

Birthday cakes/goodies/snacks provided by University faculty or staff members for other faculty or staff members in their office area, including pot lucks that are in a designated office area.

Wedding cakes for receptions where the Vendor is providing other services (punch, etc.). (If the Vendor is proposing a significant baking option, this exception may be waived upon proven ability to produce a quality product.)

Brown bag lunches brought into meetings by individuals, not the sponsoring group.

2.3.3.e. Additionally, the Vendor must work with the University to produce a number of events in a nontraditional manner. These events support the mission of the University, and are sponsored by student organizations. These events shall include (but are not limited to):

Five events per year are prepared on-site in the central production kitchen with supervision and assistance of the Vendor’s staff. Food is supplied at cost and labor is provided at no cost to the student organization responsible for this event.

2.3.3.f. Vendor must work with the University to allow donated food and beverage (subject to food safety delivery standards) to reduce catering costs when available. Vendor may still charge for labor and profit, but reduce the pricing based on the reduced food costs.

2.3.3.g. Vendor must work with the University to review exemptions as requested on a case by case basis.

2.3.3.h. The University is currently considering potential public/private partnership agreements in future building projects. The catering at these events, while managed by a private company, are exempt from this contract. The University may facilitate discussion between private management and Vendor for potential agreements.

2.3.3.i. Vendor must work with clients on menu review and tastings as requested.RFP #TS15-058 January 21, 2015 Page 13 of 84

2.3.4 ConcessionsThe Vendor shall provide concessions services at all athletic and entertainment events (includes but not limited to Taco Bell Arena, Albertson’s Stadium, Dona Larsen Park, Appleton Tennis Center, Boas Tennis/Soccer Complex, Bronco Gym, Caven-Williams Sports Complex) and excluding the Morrison Center unless otherwise requested. In addition, the Vendor shall provide concession services to all other events and activities that supplement the normal athletic and entertainment events schedule.

Existing commission structure:Food 29.4%Beverage 34.4% Confection 9.4%Coffee 9.6%Third party 44.4%

2.3.4.a. Vendor is required to provide menu, pricing, and commission. Vendor is required to provide a special student only concession stand menu and pricing that operates without profit. Vendor is also required to include terms for Value Added or Loaded Value tickets involving food and beverage items as well as all inclusive pricing for buffets if included with Premium Tickets.

2.3.4.b. Point of Sale EquipmentThe Vendor shall use the University’s Point of Sale Devices and pay the annual maintenance fees associated with the devices in the Vendor’s operations (current fees are at $12,589). In addition, the Vendor must maintain a 5-year replacement cycle on registers and scanners by replacing 1/5 annually.

2.3.4.c. EquipmentThe University shall provide all equipment and accessories, including but not limited to, roller grills, popcorn popping machines, and coffee machines, necessary to adequately perform/conform to acceptable concession services standards throughout the term of the contract. The Vendor shall maintain any and all equipment used to supplement concession services. Vendor shall establish from Gross Revenues and maintain for the term of this Agreement a Reserve Account, equal to 2% of gross receipts, to be utilized for ongoing equipment maintenance, repair and replacement during the term of the agreement to be utilized upon review and approval of the University. Any funds remaining at the end of the contract term will be paid to the University. Vendor will give ownership of all equipment to the University.

2.3.4.d. Vendor is required to sell Agri Beef products in Albertson’s Stadium and Taco Bell Arena as the exclusive beef and pork products in all Vendor operated concession stands (excludes 3 rd party vendors).

2.3.4.e. Future PartnershipsAs the University expands and renovates its event facilities, it reserves the right to partner with manufacturers and other non-University related corporations. Such a partnership may include incorporating and prominently displaying a manufacturer’s or company’s name to describe a room or a facility in return for a donation to Boise State University. In addition to the monetary donation, if a manufacturer or company produces and sells products related to the food service industry, the Vendor may be asked to purchase certain product items and use them for select or specific functions or events. The University will assist in ensuring that the Vendor will be able to purchase such items at a


comparable or lesser rate than could be purchased elsewhere.

2.3.4.f. Taco Bell Arena and Morrison Center Specifications

The rights hereunder shall not be construed so as to prevent or prohibit the following:

Taco Bell Arena and Morrison Center (each a facility), and any other on-campus facilities hosting events managed through Taco Bell Arena administration, from permitting other caterers, local or touring, to furnish backstage food and non-alcoholic beverage catering for the purpose of feeding performers, stage crew and/or other backstage personnel at any performance event (musical, ice, sporting, spectacle, etc.) held at Taco Bell Arena or other campus facility) when requested by the event licensee whether it be inside the Facility or in an outside area adjacent to the Facility ("Backstage Catering"). Backstage Catering shall also include catering for meet & greet and other VIP hosting activity. Backstage Catering shall not include food or beverage sold in Front of House locations (areas open to all ticket holders).

Taco Bell Arena administration from permitting Feld Entertainment from receiving certain exclusive novelties and concessions rights associated with Feld Entertainment events to be sold both inside and outside a Facility and sold through Feld's own vendors or concessionaires as they designate, as required in the Feld engagement agreement, negotiated from year to year, without a buyout fee being due to Food Service Vendor. Current Feld novelties and concessions rights include: 100% exclusive rights to sell program books, novelties and souvenirs, cotton candy, sno-cones, popcorn, freshly-squeezed lemonade, s’mores and lollipops.

An exhibitor, or sponsor associated with an event, from donating and/or distributing, without charge, a type of food or beverage or good or merchandise which is manufactured and distributed in the normal course of the exhibitor's or sponsor's business, or from providing small "tasters" of food or non-alcoholic items for consumption on premise for the purpose of providing samples to event patrons.

Food Service Vendor shall treat Backstage Catering sales as 'at cost sales' whenever such services are performed following a written authorization of the Facility Director and/or the Executive Director of Campus Services. At cost sales shall be discounted at Vendor's cost of product, cost of direct labor to produce and deliver the product, and a ten percent general and administrative labor charge. No commission will be payable by the Vendor of Gross Receipts from Backstage Catering authorized in writing by the Executive Director.

In the event that the menu for the touring production/company includes pre-packaged food items, such as water, soda, alcohol or other items that do not require food handling and preparation, these items may be purchased and provided by the University or the client and will not be subject to any buy-out fee. The Vendor will handle the placement/incorporation of the packaged items, into the back of house catering service provided by Vendor.

Food Service Vendor shall not sell concessions in the seats during a non-Boise State Athletics event held in a Facility unless expressly agreed to in writing by the Facilities' Executive Director.

Food Service Vendor shall be responsible for maintaining proper ratios of Points of Sale to anticipated attendance BY SEATING LEVEL as per industry standards, currently agreed to be as follows:

Concessions with Alcohol: 1 POS per 125 seats Concessions without Alcohol: 1 POS per 225 seats Club Seats: 1 server per 120 seats, and 2 runners per server

Facility Executive Director (or designee) approves the number of sales areas open per event and length of RFP #TS15-058 January 21, 2015 Page 15 of 84

time open and minimum offerings.

Facility Executive Director (or designee) is invited to attend annual Concessions employee training.

Facility Executive Director (or designee) approves concessionaire investment and marketing programs.

All concessions locations and vendors will be operationally ready 15 minutes PRIOR to advertised doors opening. This means all concessions related personnel in place, in neat/crisp/clean uniforms, product ready, line queuing equipment placed and ready, condiments refreshed and placed, POS equipment in fully operational mode, etc.

All concessions locations will be responsible for placing product packaging and waste in concessions designated waste receptacles (not those for the public) and calling for trash removal at least 15 minutes prior to public doors opening at the facility. Back counters and condiment counters will be kept neat and clean throughout food service during the event.

Concessions stands (each location) will not be closed prior to communication and agreement by the Facility's Executive Director or designee.

Vendor is required and responsible for covering all tables used for Food & Beverage dispensing with appropriate fitted, linen tablecloths, properly cleaned and pressed. The costs associated with linens and proper staging of spaces shall be borne by the Vendor.

Concessions areas will be thoroughly cleaned following each event (within 24 hours of events end), with deep cleaning on a semi-annual basis, all concessions materials in temporary locations will be stored in designated areas within 24 hours of event end. Storage areas will be maintained in an appropriately neat and clean condition. Temporary paper signage is to be kept to a minimum and only utilized in temporary sales locations and removed promptly (without taking paint off walls). Cambros will be drained in specifically designated drains and not in general floor drains.

Vendor is encouraged to incorporate Food Truck service options for event catering and concessions related to outdoor components of events.

2.3.4.g. The Vendor is encouraged to use service organizations from the campus and surrounding area to supplement its permanent staffing for the concessions operations. Preference should be given to student groups over community groups. When the majority of the volunteer group consists of minors, adult supervision is required and must be present at the event.

The Vendor shall continually initiate methods to promote public relations among service organizations by allowing student organizations or local groups to work concession areas.

The Vendor shall provide adequate training and supervision for service organizations to assure that food is handled in a safe and sanitary manner, that all monies are accounted for and that customers receive fast and friendly service.

The Vendor shall make every effort to support and participate with any cross training/customer service education program initiated by the University and/or the applicable public event facility.

2.3.5 Food VendingThe Vendor will be granted the exclusive right to license and provide food, beverage, and related services through vending machines located on campus. Beverage, for the purposes of vending under


this contract, is defined as hot beverages and milk. Services to be provided include food, snacks, beverages (as defined above), and change machines in appropriate locations.

Existing Commission is 14.4% of sales.

2.3.5.a. All vending machines are to be furnished and maintained by the Vendor or their licensee. If a vending area should include a microwave based on items offered, the Vendor will provide that as well.

2.3.5.b Vendor must submit menu of offerings by location and proposed pricing.

2.3.6 AlcoholAlcohol sales must comply with the Idaho State Board of Education policies as identified in Section 1. Subsection J. and any subsequent rulings:http://www.boardofed.idaho.gov/policies/i_policy.asp

Alcohol sales must also comply with the Boise State University policies:http://policy.boisestate.edu/governance-legal/alcohol-on-campus/

Existing commission structure:$0-250 0%251-2000 25%2001-3500 30%3501-5000 34%5001-7500 38%7501-10,000 40%>10,000 42%

2.3.6.a. Vendor will ensure all service staff are TIPS trained at the sole expense of the Vendor. 2.3.6.b. Vendor is required to obtain and maintain prior to the contract start date an Idaho

State Liquor License to sell beer, wine, and liquor as required to be able to sell throughout campus. All costs associated with obtaining and maintaining the required permit(s) and licenses are the sole responsibility of the Vendor.

2.3.6.c. Alcohol sales in Stueckle Sky Center do not allow glass bottles in any locations with the exception of suites. Alcohol sales are subject to the rules the University has contractually with event clients.

2.3.6.d. Vendor is required to submit product list, pricing, and commission for Taco Bell Arena, Stueckle Sky Center bars, Stueckle Sky Center suite service, Catering, and Morrison Center. Pricing must include call and premium level drinks, 12 oz. bottled beer, 16 oz. aluminum bottled beer, 6-pack beer pricing (suites), draft beers (with sizes designated), keg beer, hard lemonades/ciders, fountain soda pricing at bars, wine by the glass, wine by the bottle.

2.3.7 Child and Adult Care Food Program (CACFP) and Summer Food Service Program (SFSP)The Vendor will be required annually to complete a food service agreement with the University to act as the Food Service Vendor for these programs. The Vendor will be required to provide meals and snacks that comply with all requirements as established by the United States Department of Agriculture (USDA) guidelines, which may be found at: http://www.fns.usda.gov/cacfp/child-and-adult-care-food-program and http://www.fns.usda.gov/sfsp/managing-sfsp.


Vendor must maintain CN Labeling and reporting as required.

Vendor will provide daily breakfast, lunch and snack to the Children’s Center at a break even rate. Vendor will also provide the daily meals for students participating in the summer TRIO programs (meal costs cannot exceed costs per meal offered in board dining plans).

2.3.8. Training TableThe scope of the contract shall include provision of training table meals for the football team, during the football season, unless otherwise provided by outside vendors/sponsors of the Athletics department. The scope will also include any additional sports that choose to add training table programs.

Current Structure:4-5 weekly meals, served and priced as catering by Vendor in the SCC1-2 weekly meals are provided by outside vendors/sponsors of the Athletic teams

2.3.8.a. Vendor shall provide training table meals for the football team, up to six(6) times weekly during the football season. Vendor shall permit training table meals to be provided by outside vendors/sponsors of the Athletics department, so long as the meal is provided by the outside vendor/sponsor at no cost to the University. Any other time the football team has training table meals on campus, Vendor shall provide a catered meal.

2.3.8.b. The Vendor shall allow the University to partner with outside groups such as Albertsons, or provide on its own, unlimited snacks to the student-athletes as allowed by NCAA regulations.

2.3.9. Summer, Conference, Camp PricingVendor shall propose rates at varying participation levels for summer conferences to the University a year and a half in advance of proposed conference season.

Current rates:


Groups PriceBreakfast30 - 100 $7.10101 -200 $7.00201 - 300 $6.55301 - 400 $6.33500 + $6.11Lunch30 - 100 $9.67101 -200 $9.36201 - 300 $9.07301 - 400 $8.76500 + $8.47Dinner30 - 100 $11.82101 -200 $11.45201 - 300 $11.09301 - 400 $10.72500 + $10.36Total Daily Rate30 - 100 $28.19101 -200 $27.32201 - 300 $26.44301 - 400 $25.58500 + $24.71Summer Casual Door Rates 2013* Breakfast $7.19* Lunch $9.97* Dinner $12.19BSU Students/Faculty/Staff receive 10% discount with BSU ID during the summer

Summer Conference Rates 2015

2.4 PROGRAM AND SERVICE EXPECTATIONS

The University has developed the following important program and service expectations for the contract. The successful Vendor will be the one whose proposal reflects the most responsive and comprehensive understanding of these needs in conjunction with advantageous compensation to the University.

2.4.1 Programmatic Expectations

2.4.1.1 Excellent quality food with ingredients, recipes and fresh preparation methods that support good nutrition and a healthy lifestyle.

2.4.1.2 An innovative portfolio of service concepts that:

includes a mix of national, regional, and locally owned brands that are popular with the University community;

provides a thoughtful mix of service formats designed to satisfy a variety of consumer needs, such as “all you care to eat”, fast casual, quick service (“fast food”) and food markets;


offers ordering, payment, delivery and “to go” mechanisms that are responsive to consumer lifestyles;

incorporates comprehensive nutritional and wellness education.

2.4.1.3 A diversity of menu choices within operations and across the system that:

address the broad range of consumer preferences; include entrees and other offerings that address special diet needs such as vegetarian,

vegan, low fat, high protein, gluten free, etc.; provide for religion-based dietary needs.

2.4.1.4 Hours of service that support student lifestyle needs across campus and in residential neighborhoods, including late night service venues that offer menu variety and that accept meal plans.

2.4.1.5 Pricing to the customer that is competitive with “the street”. Catering pricing that is competitive with off-campus caterers and that offers tiers of pricing and service for different event types (high-end to budget), including a service/price tier that is designed to offer affordable options for student groups.

2.4.1.6 A commitment to offering regularly scheduled special event programming designed to encourage participation and build community.

2.4.1.7 A meal plan program and policies that:

offer multiple, affordable plan configurations for resident students; offer plan configurations for non-residents that are flexible, affordable and aggressively

marketed; minimize the penalty for missed meals; are usable in all or most dining locations across campus, regardless of the service

provider.

2.4.1.8 Service and dining environments that:

provide diversity across the system; offer restaurant quality environments with a variety of seating

types and amenities;

promote community; physically facilitate programming; offer comfortable opportunities to hang out.

2.4.1.9 An intentional and committed approach to staffing that results in:

staffing levels that are matched to customer demand so that service is fast and efficient; friendly, courteous, knowledgeable and professional employees that receive regular and

comprehensive training in both technical and customer service skills;


staff that are proficient in the English language when in positions of regular interaction with customers.

2.4.2. Management Expectations2.4.2.1 A professional food service management company that is a leader in the field, offers a best

practice approach to campus dining, and that views the University as a flagship account and an incubator for new programs, services, technology and management strategies;

2.4.2.2 District and regional management support that is present, involved, responsive, and that enables on site management to be nimble decision makers;

2.4.2.3 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;

2.4.2.4 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 university dining program. The management team should be collaborative and collegial with the University, its key stakeholders, student leaders and advocacy groups, with a communication strategy that is proactive and accessible.

2.4.2.5 On-site, district and regional management that is experienced and adept at partnering with a growing university in meeting evolving campus needs;

2.4.2.6 Production, service and management information systems technology that is industry leading in all aspects of the program, in keeping with the University’s position as a national technology leader, with a commitment to a seamless interface with University systems where necessary;

2.4.2.7 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 the University in articulating a seamless message, and includes quantitative success measurement;

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

2.4.2.9 Facility and equipment preventive and ongoing maintenance programs that result in good stewardship of University owned resources;

2.4.2.10 Development and adherence to a risk minimization program that requires strict performance measures, incorporates full disclosure financial reporting to the University (including monthly and annual profit/loss statements), and tracks key performance indicators. The established risk minimization and performance measurement system will be agreed to by both the University and the Food Services Vendor prior to the award of the contract. The minimum performance metrics proposed by the successful Vendor will serve as the lowest level of performance acceptable to the University. The risk minimization program must efficiently capture performance and compare it to the established minimums.

2.4.3 Human Resources ExpectationsRFP #TS15-058 January 21, 2015 Page 21 of 84

2.4.3.1 Human resource practices that are industry leading, and that supportworkplace diversity, employee retention and generally reflect the human resource practices of the University;

Professional appearance (with uniforms and nametags) and conduct by all food service staff.

2.4.3.2 A significant and ongoing focus on technical and service training for all employees designed to maintain high standards across the program;

Preferential hiring of qualified, existing dining staff;

A strong focus on the hiring, retention and advancement of student employees at wages that are competitive with other student employment options on campus;

2.4.3.3 Sustainability ExpectationsA commitment to recycling that, at a minimum, matches and evolves with the University’s recycling program.

2.4.3.4 A sustainability program that reflects the University’s position as a national academic leader in this area, with particular emphasis on four key areas:

Purchase and transport of food – does the program seek out suppliers minimizing their environmental impact through the effective use of ecologically sustainable techniques? Are seasonally available local produce options integrated into menu options? Is transport from farm to campus energy-efficient?

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

Disposal – is as little waste as possible produced? Are there mechanisms in place for composting or otherwise reducing the impact of food waste? Is packaging and other waste minimized? Are more ecologically-sensitive disposable products preferred? Are recycling and other efficient waste disposal mechanisms in place?

Innovation and education – are sustainability practices constantly evaluated and updated regularly? Is campus dining situated as an innovator in food service sustainability? Are programs in place to educate the customer/student body about innovations and reasons for operations decisions in food service?

2.4.4 Compensation2.4.4.1 A fair and balanced compensation agreement that supports both the Vendor and the

University in meeting their respective financial objectives;

2.4.4.2 Compensation to the University sufficient to cover the University’s direct and indirect costs of the dining program;

2.4.4.3 Provision of a Vendor contributed capital investment plan designed to support the capital development needs of the dining program over the life of the contract.

2.4.4.4 Provision of Vendor contributed funding to support student organization events.


2.5 MARKETING SUPPORT2.5.1 At minimum, the University requires this level of marketing support for annual campus events.

Good Will Project – Up to $3,000 of “in-kind” support of meals for eligible staff members as determined by Human Resources.

Approximately 600 Meal Tickets to the Boise River Café for Admissions, discounted 20% Supervision of the preparation of food in the kitchen for no more than 5 student organized

events, such as the International Food, Song, and Dance Festival, where menu items are prepared by students and members of their student organizations. The labor for these events is provided at no cost, while the food is provided at cost.

Partnership with Student Affairs and Academic Affairs on Events and Activities – Partnership is for “in-kind” products with a minimum retail value of $5,000 per year.

Partnership with the President’s office on Events and Activities- Partnership is for “in-kind” products with a minimum retail value of $15,000 year.

2.5.2 To support the University’s recycling efforts, the Vendor will contribute $2500 annually.

2.5.3 Customer SatisfactionThe University is dedicated to providing a quality-dining program on the Boise State Main Campus. Consequently, customer service is paramount. Therefore, the Vendor will be required to conduct at least one customer satisfaction survey each year, with prior approval from the Contract Administrator or designated liaison. Describe in detail your Customer Satisfaction Program and provide copies of all information relative to the program.

2.6 SANTITATION2.6.1 The Vendor shall be responsible for custodial and sanitation of all food service and dining areas. This

includes occupational health and safety measures necessary to comply with Federal, State, and local laws, ordinances, and regulations pertaining thereto. The Vendor shall adhere strictly to all pure food and drug regulations, health laws, ordinances, and regulations as promulgated by the State of Idaho and the City of Boise, and agencies having authority there under, and shall identify and hold the University, their employees, and agents harmless from all claims arising from Vendor’s failure to adhere to such laws, rules and regulations. Housekeeping and sanitation programs must meet the highest standards of cleanliness.

2.6.2 The Vendor shall be responsible for gathering and containerizing trash and garbage generated by the provision of the Dining Services Program, and for trash removal, including off-premise catering and on-campus outdoor events. The cleaning of sanitation areas around the trash containers is the responsibility of the Vendor. All events should include recycle receptacles that should also be maintained by Vendor.

2.6.3 The maintenance of proper sanitation levels is the full responsibility of the Vendor. The University expects that a collaborative relationship will be developed between the Vendor’s management staff and University. All state, county and City of Boise regulations for food service establishments and alcohol service must be maintained. All food service facilities and equipment will be maintained to the levels necessary to successfully pass each health department evaluation with a minimum score of 90 out of 100. A copy of all inspection reports will be forwarded to the University’s Contract Administrator immediately following the inspection. If there are noted deficiencies, the Vendor shall include a written report that explains the cause and stipulates how the issues will be corrected.


2.6.4 For each food service operation, the kitchen, food storage, dish room and food preparation and serving area equipment and facilities must be kept clean and in sanitary condition through the length of the work day. The following minimum standards must be enforced at all times and apply to all facilities on campus managed and/or used by the Vendor for the purpose of preparing and or serving food. Participation in facility “walk throughs” with venue managers to identify sanitation and maintenance issues will occur on a regular basis.

2.6.5 The Vendor will develop quality sanitation standards and all employees will be trained and instructed in sanitation standards, cleaning procedures, personal habits and hygiene. The Vendor shall train and insure that its staff shall comply with the following standards:

2.6.6 Maintenance of insect and pest control in all food service, production, and storage areas, cost of which is to be borne by the Vendor.

2.6.7 The Vendor is required to participate in the University’s recycling program. University will be responsible for provision and removal of appropriate containers, and for provision of procedural instructions.

2.6.8 The Vendor shall schedule deep cleaning of all the Concession Stands when they are not in use, ensuring that all perishable foods and products are removed and stored properly.

2.7 NUTRITION AWARENESS PROGRAM:The Vendor shall provide a Nutrition Awareness Program (NAP) for all residential and retail dining that encourages an understanding of nutritional needs, a commitment to the lifelong maintenance of good health, and an awareness of ecological, political, and special food issues. Food included in NAP would be prepared with less sugar, salt, fat, chemical additives, would contain more roughage and would include vegetarian entrees. As part of NAP, the Vendor is required to provide a mix of the following:

2.7.1 Nutrition information that gives the nutritional breakdown of all entrees and other portion controlled food selections served during the year.

2.7.2 Nutritional information for standard menu items served daily, including the number of calories and amount and types of fat in each serving.

2.7.3 Nutrition information boards in each serving area.

2.7.4 Daily posting of ingredients for each entrée served.

2.7.5 Nutritional information through charts, posters, table tents and other visual aids to be rotated monthly throughout the academic year in each of the dining operations.

2.8 FOOD SERVICE ADVISORY BOARDThe Vendor shall participate in, lead discussions with, and be responsive to the Food Service Advisory Board comprised of resident students, commuter students, faculty, staff, and the University’s contract administrator to advise the Vendor regarding service/menu needs and to participate in new product tastings.

2.9 WEB-SITERFP #TS15-058 January 21, 2015 Page 24 of 84

The Vendor shall establish and maintain an informational web site for the Dining Services Program that is linked to the University’s web site. The web site shall contain information on dining locations, days/hours of operation, menus, meal plans, and catering services. Information will be kept current at all times.

3. PROPOSAL REQUIREMENTS AND EVALUATION CRITERIA

3.1 THE PROCESSBoise State University is applying a best value process to the Vendor selection and implementation of a new campus dining program. Best Value Performance Information Procurement System (PIPS) was developed by Dr. Dean Kashiwagi and the Performance Based Studies Research Group based at Arizona State University. The best value process consists of three primary stages: 1) Selection, 2) Clarification, and 3) Management by Risk Minimization and Performance Measurement.

The Selection phase of the best value process focuses on a Proposing company’s ability to differentiate itself based upon the ability to identify, prioritize, and minimize risks, add differential value to the University, perform financially, and show a high level of past performance on behalf of other clients. The University has made the assumption that each Vendor can deliver a quality dining program that will fulfill the minimal needs of the University. Instead of focusing on this minimum expectation, the University is allowing Venders to compete based on value and their ability to maximize the University’s satisfaction. Consequently, the submitted proposals should be brief, show differentiation, and allow the University to make a data-based decision on which the best value vendor is for the University.

Clarification is the second phase of the Best Value process and takes place prior to the award of the contract. Only one vendor from the pool of Proposers moves forward to this stage. In the Clarification period the identified potential best value vendor will provide the University with:

3.1.1 A detailed dining program for the campus.

3.1.2 A Quality Control Plan that will include: 3.1.2.a Risk identification and minimization plans for all risks identified, including client generated risks,

concerns, and issues. Vendor will be expected to itemize what risks it controls and does not control. For those risks the Vendor does not control, the Vendor must propose a plan on how those risks will be minimized.

3.1.2.b List of University action items and requirements. The list must include item/task/ expectation, date required, and the actual person in the University’s organization that is responsible for fulfilling the need.

3.1.2.c A detailed list of performance metrics and benchmarks, that to the satisfaction of the University, must consider financial performance, quality and customer satisfaction performance, and other necessary benchmarks of the received level of service.

3.1.2.d A milestone schedule for transition from selection to contract start.

3.1.2.e Development of a Risk Minimization and Performance Measurement Program that will be used during the life of the contract to track and document risks and performance metrics developed in item “c”


above.

A plan for implementation and meeting growth expectations that considers risk, University requirements, and performance metrics as part of the plan.

After the Clarification period has fulfilled the needs and satisfaction of the University the vendor will receive Intent to Award the contract.

Management by Risk Minimization and Performance Metrics is the third phase of the Best Value system and is active for the life of the contract. The successful Vendor will be expected to report weekly (or at a more convenient period as determined by the University) on the performance and risk level of the service. The successful Vendor must establish a system that can track and document the risk and performance of the service for the University’s use in monitoring the contract.

3.2 EVALUATION CRITERIA & WEIGHTS Only responsive proposals will be evaluated and considered for award. The University reserves the right to request supplementary information to assure the University that the Vendor’s competence, business organization, and financial resources are adequate to successfully perform the specified service.

The University will evaluate Proposals against the evaluation criteria for the degree to which each Proposal meets the following criteria:

Attachment / Section Description Points

Attachment A RFP Cover Page and Checklist Pass / Fail

Attachment B Proposal Form Pass / Fail

Attachment C Financial Proposal and Pro Forma 500

Attachment D Scope of Services 500

Attachment E Risk Assessment 200

Attachment F Value Added 200

Attachment G, H, I Past Performance Information (PPI) 100

Section 3.7 Interview of Key Resources 500

Attachment K Milestone Schedule Pass/Fail

Attachment L Signature Page Pass / Fail

3.3 DESCRIPTION OF EVALUATION CRITERIA


3.3.1 RFP Cover Page and Checklist (Attachment A) - Vendor will prepare and submit the RFP Cover Page and Checklist

3.3.2 Proposal Form (Attachment B) - The Vendor will prepare and submit the Proposal Form. Identify the critical individuals that the Vendor will use for the duration of this service. Confirm receipt of addenda Provide Firm Qualifications

3.3.3 Financial Proposal and Pro Forma (Attachment C) The Vendor must submit your financial proposal and projections using the worksheets

provided. Comprehensiveness, achievability and sustainability of pro forma financial projections.

3.4 SCOPE OF SERVICES (Attachment D) The Vendor must submit its proposal using the template provided The Scope of Services submittal allows the Vendor to differentiate themselves In order to minimize any bias, the Scope of Services must NOT contain any names that can be

used to identify who the Vendor is (such as company names, personnel names, project names, or product names). A template is provided in this document and must be used by all Vendors. Vendors are NOT allowed to re create, re format, or modify the template (cannot alter font ‐ ‐size, font type, font color, add colors, pictures, diagrams, etc.)

3.5 RISK ASSESSMENT PLAN (Attachment E) Criteria

Comprehensive identification of risks; Quality of risk minimization plan

Objective of the Risk Assessment PlanThe Vendor should list and prioritize major risk items on this project that could cause the Vendor’s “vision” or “plan” to deviate or not meet the expectations of the University (i.e. risks that the Vendor does not control). Risks include sources, causes or actions that are beyond the scope of the contract that may cause cost increases, delays, change orders, or dissatisfaction to the University. Do not include in this submittal any risks caused by a lack of the Vendor's technical competency. The risks should be described in simple and clear terms so that non-technical personnel can understand the risk. The Vendor must also explain how they will mitigate, manage, and/or minimize the risk from occurring. A mitigation / management plan solution with supporting documented performance (references, performance measurements of projects when the risk mitigation was used etc.) is required for a high rating from the selection committee. The backup performance information can include how many times the mitigation plan was previously used, and the impact on performance in terms of customer satisfaction.

Risk Assessment Plan Format The Risk Assessment Plan must NOT exceed 2 pages (front side of page only). In order to minimize any bias, the Risk Assessment Plan must NOT contain any names that can be used to identify who the vendor is (such as company names, personnel names, project names, or product names).

A Risk Assessment Plan template is provided in this document and must be used by all vendors. Vendors are NOT allowed to re create, re format, or modify the template (cannot alter font size, ‐ ‐


font type, font color, add colors, pictures, diagrams, etc.). An electronic copy of this document is available for download and must be used.

Any plan that contains names, or fails to meet all of the formatting requirements mentioned above, shall be marked as unresponsive and eliminated from the evaluation process.

3.6 VALUE ADDED PLAN (ATTACHMENT F)Criteria

Cost/benefit value features of the value added proposal

Objective of the Value Added PlanThe purpose of the Value Added Plan is to provide Vendors with an opportunity to identify any value added options or ideas that may benefit the University at a change in cost or scope. These options or ideas may also be referred to as additional or optional services. Where applicable, the Vendor should identify: 1) what the University may have excluded or omitted from its scope; and 2) how these options or ideas have been successful through verifiable performance information and/or best value practices. The Vendor should list the cost, quality and time impact of its options or ideas. All items should be listed in terms of a percentage of the project cost. The ideas identified in the VA Plan must NOT be included in the Vendor’s Cost Proposal. The Vendor should identify and briefly describe any options, ideas, alternatives, or suggestions to add value to this project, and indicate how the items will increase or decrease cost (note: a Value Added option must impact cost). All cost impacts associated with these Value Added options must NOT be included in your base cost.

Value Added Format The Value Added submittal must NOT exceed 2 pages (front side of page only). In order to minimize any bias, the Value Added submittal must NOT contain any names that can be used to identify who the vendor is (such as company names, personnel names, project names, or product names).

3.7 INTERVIEWS The University may shortlist (if necessary) the top rated Vendors. The shortlisted Vendors will be required to participate in an interview period. If a Vendor’s total combined score for Scope of Work, Risk Assessment and Value Add submittals is more than 500 points less than the other Vendors, the Vendor resources will not be shortlisted.

The University will interview all key resources from each shortlisted vendor, per the tentative interview dates in section 1, including (but not limited to):

Regional Vice President On-site General Manager On-Site Manager of Catering On-Site Executive Chef On-Site Retail Operations Manager On-Site Board Operations Manager On-Site Manager of Concessions

Executive chef interviews will include a tasting. Each chef will receive specific instructions andnumbers prior to the interviews and are expected to cook for 10-15 people. Receipts must beverified that show a food cost at or below 44% (based on the National Association of University


Food Services averages) in order for the chef to qualify for maximum points. Each chef will need to cook a lunch option that meets the state per diem limits of $10.50 (food costs per person must not exceed $4.62) and a dinner option that meets the allowable local funds maximum of $36 (food costs per person must not exceed $15.84). Each chef will have access to a University kitchen and supplies (vendors must provide food and labor), but must send in theirequipment needs in advance of the interviews (a timeline will be provided upon scheduling interviews).

3.7.1 The University may also request to interview additional personnel. The University will interview individuals separately. No other individuals (from the Vendor) will be allowed to sit in or participate during the interviews. The University may request additional information prior to interviews. All proposed team members must be available for interviews on the date specified in Section 1. Individuals who fail to participate in the interview will not be given a score which may jeopardize the Vendor’s competitiveness. No substitutes, proxies, phone interviews, or electronic interviews will be allowed. If awarded the project, all interview statements will become part of the final contract. All individuals that will be interviewed must be the same people for whom the Vendor turned in past performance information and who will perform the services.

3.8 PAST PERFORMANCE INFORMATION Vendors must prepare and submit a Reference List (Attachment H), PPI Survey Questionnaire (Attachment I), and Past Performance Information Scores (Attachment H) as outlined in the Past Performance Information Instructions (Attachment G). Failure to obtain a PPI score for any of the key resources may jeopardize your Proposal’s competiveness. The key resources that will be analyzed in this Project include those listed above in section 3.7.

The University reserves the right to consider information it obtains independently or has knowledge of regarding Vendor’s past practices.

3.9 ANALYSIS OF PROPOSALS3.9.1 The University will evaluate and score each responsive Proposal using a decision making tool(s) to

assist in analyzing and prioritizing the proposals. The proposals will be ranked from the most advantageous to the least advantageous to the University. The University reserves the right to clarify or seek additional information on any proposal. The University also reserves the right to re-scope the service, and/or cancel and reject all proposals.

3.9.2 The Vendor deemed to offer the most advantageous proposal will be asked to engage in a series of clarification sessions to finalize the program and services to be offered, as well as the financial terms of the contract. Should the selected Vendor and the University fail to reach an agreement within a reasonable timeframe, the University may elect to end the clarification phase with the top ranked Vendor and begin a clarification phase with the Vendor whose proposal ranked second. Upon successful completion of the clarification phase, the Vendor will be required to execute a contract with the University, and immediately begin preparations to undertake its requirements


3.10 CLARIFICATION PHASE - The University will identify the potential best-valued Vendor (as outlined in 3.9). The potential best-valued Vendor will be required to perform the Clarification Phase functions as outlined in Exhibit 1. The intent of this period is to allow the Vendor an opportunity to clarify:

The proposal in terms of “what is in and “what is out” of the service scope of work. Simplify the proposal so all parties can clearly understand what will be done and how it will be

accomplished including dominant measures. Identify if the vendor’s proposal is acceptable to the University. Get a clearer definition of University expectations by having the University identify areas of risk

(which is not the responsibility of the vendor, but where the vendor is responsible le to identify, mitigate, minimize and document the risk) that the vendor has not communicated adequately to the University.

Create a Weekly Risk Report and Risk Management Plan including University concerns Address legal terms and conditions Finalize an offer that is acceptable to the University.

The Clarification Phase is not a negotiation period. The Vendor will not be permitted to modify their cost/fee/financial rates, service durations or service team. The potential best value Vendor will be required to conduct Clarification Meeting(s). If the University is not satisfied upon completion of the Clarification Meeting(s), the University may consider another vendor for potential award (this Vendor would also have to conduct a Clarification Meeting). If the University is satisfied with the potential best value, they will proceed to issue the Intent to Award.

4. SUBMITTAL FORMAT

4.1 SUBMITTAL FORMAT 4.1.1 All submittal documents must be on standard 8½” x 11” paper. The proposal should be stapled (and

not bound) to facilitate easy handling, photocopying, and reading by the Evaluation Committee. No faxed or emailed proposals will be considered. The proposal must be received by 5 pm Mountain Time on the date listed in Section 1 of the RFP. Late submittals will not be considered.

4.1.2 The proposal must be mailed or delivered in a sealed package. Please make sure to submit the “Financial Proposal and Pro Forma” (Attachment C) in a sealed envelope marked “Confidential Cost Proposal” sealed separately from the other required submittals. The package must contain the following information on the outside of the package:

Vendor’s Name Vendor’s Address RFP Project Name RFP Number

You are strongly encouraged to utilize FedEx to guarantee desktop delivery

4.1.3 Mail or deliver one (1) original signed package, plus eight (8) copies, and one (1) electronic copy on a CD or USB Drive to the RFP Lead at the address listed in Section 1. Word or Excel format is required. The format and content must be the same as the manually submitted proposal. The electronic version must NOT be password-protected or locked in any way.


Public Records Note: The Idaho Public Records Law, Idaho Code Sections 9-337 through 9-348 allows the open inspection and copying of public records. Public records include any writing containing information relating to the conduct or administration of the public’s business prepared, owned, used or retained by a State agency regardless of physical form or character. All, or most, of the information in your response will be public record subject to disclosure under the Idaho Public Records Law. The Public Records law contains certain exemptions, including one potentially applicable exemption for trade secrets. Trade secrets generally include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy. If you consider any material that you provide in your proposal to be a trade secret under the Public Records Law or otherwise protected by disclosure, you MUST so indicate by marking as “exempt” on EACH PAGE containing such information. Prices you provide in your proposal are not trade secret. Only those pages identified as “trade secret” or otherwise exempt from disclosure will be exempt from disclosure if the proposal is requested pursuant to the Idaho Public Records Law and the University will honor such nondisclosure to the extent permitted by law. All other pages of the proposal will be released without review. The exemption for “trade secrets” and other exemptions from the Public Records Law are limited and information will be exempt from disclosure only to the extent the content meets the definition of trade secret or other applicable exemption in the Public Records Law. Accordingly, the University cannot guarantee information marked as “trade secret” or “exempt” will be exempt from disclosure. A manual or electronic copy of a proposal submitted in this manner should contain the word “redacted.”NOTE: If a proposal is marked as “trade secret” or “exempt” in its entirety, it will be considered public record in its entirety, and will be disclosed in its entirety, if requested.

4.1.4 By submitting a Proposal, Vendor acknowledges and agrees that it received, read, understands, and shall be bound by and comply with this Contract, to include all of the terms and conditions listed in the RFP.

4.2 QUESTIONS AND INQUIRIES4.2.1 The person listed as the RFP Lead Section 1 shall be the only contact for all communication

regarding any aspect of this RFP process and its requirements.

4.2.2 Responses to questions which involve an interpretation or change to this RFP will be issued in writing by addendum. All such addenda issued by the University shall be considered part of this RFP and posted at the website listed in Section 1.

4.2.3 Only formal written addenda shall be binding. Oral and other interpretations or clarifications, including those occurring at the Pre-Proposal Conference, site visits, etc. will be without legal effect. Do not contact any University employee or representative regarding this RFP.

4.2.4 All questions must be submitted to the RFP Lead by the date and time noted in the schedule, Section 1. Questions must be submitted to the RFP Lead via email using Attachment J. Official answers to all questions will be posted on the University’s website as an amendment as indicated in Section 1 of this RFP.


4.2.5 Questions regarding the State of Idaho Standard Contract Terms and Conditions found at http://purchasing.idaho.gov/terms_and_conditions.html and incorporated in this RFP by reference and the and the Solicitation Instructions to Vendors (Exhibit 2) must be submitted by the deadline to receive questions from the Vendor, stated in Section 1 of the RFP. NOTE: Section 5 – Administrative Fees DOES NOT apply to this RFP. Questions, objections or proposed modifications to the State of Idaho Standard Contract Terms and Conditions and Solicitation Instructions to Vendors MUST be proposed in writing during the question period in the format and manner provided in this Section 4.2.5.

Questions submitted regarding these requirements, including any objections to or proposed modifications to the requirements, must contain the following, for the University’s consideration:

4.2.5.1. The term or condition in question; 4.2.5.2. The rationale for the specific requirement being unacceptable to the Vendor (define

the deficiency); 4.2.5.3 Recommended verbiage for the University’s consideration that is consistent in content,

context, and form with the University’s requirement that is being questioned; and4.2.5.4. Explanation of how the University’s acceptance of the recommended verbiage is fair

and equitable to both the University and the vendor.

4.2.6 Proposals received that qualify the offer based upon the University accepting other terms and conditions not found in the RFP and modifications agreed to during the question and answer period may be found non-responsive, and no further consideration of the proposal will be given.

4.2.7 The Contract will be a Purchase Order, which shall incorporate by reference this RFP, any Attachments and any RFP modifications agreed to by University during the question and answer period (including modifications proposed in accordance with Section 4.2.5 hereof) , as well as the Vendor Response.

4.2.8 Where Vendor agreements and assumptions, specified in the Vendor's quote differ from the State of Idaho Standard Contract Terms and Conditions, or the terms and conditions of this Solicitation, the State’s Terms and Conditions and the terms and conditions of this Solicitation shall apply. Where Bidder agreements and assumptions supplement the State of Idaho Standard Contract Terms and Conditions and Related Services (if specifically identified as applicable to this Solicitation), or the terms of this Solicitation, the supplemental terms and conditions shall apply only if specifically accepted by the University in writing. Where unsolicited supplemental documents including unsolicited pricing quote sheets are submitted, the University reserves the right to deem the quote non-responsive if the supplemental documents conflict with the specifications of this Solicitation. Supplemental documents shall be considered as reference materials only, and nothing contained within a supplemental document shall be deemed as accepted by the University, unless accepted by the University in writing. Vendors are cautioned against the use of supplemental documents. Conflicting supplemental documents may lead to the quote being deemed non-responsive, and no consideration of the proposal given.

4.2.9 License, service, maintenance or any other type of agreements desired by the Vendor to be signed by the University, are only binding upon the University to the extent they are in full agreement with the State of Idaho Standard Terms and Conditions. Any conflict or inconsistency shall be resolved in accordance with Clause 35 of the State’s Standard Terms and Conditions. No Vendor agreement shall be binding upon the University unless specifically accepted by the University in writing, for the initial contract, or for any subsequent renewals.


http://purchasing.idaho.gov/terms_and_conditions.html

4.2.10 If a vendor fails to notify the University prior to the proposal due date of a known error in the RFP or an error that reasonably should have been known to the Vendor, and if a Contract is awarded to that vendor, the vendor shall not be entitled to additional compensation or time by reason of the error or its correction.

5. GENERAL INFORMATION

5.1 DISQUALIFICATION Carefully read the information contained in this RFP and submit a complete response to all requirements, specifications and instructions as directed. Please be advised that failure to comply with all of the requirements, specifications and instructions in this RFP will be grounds for disqualification.

5.2 PROPOSAL VALIDITY The vendor’s proposal is a valid, firm, and irrevocable offer which the University may accept within the timeframe as stated in Section 1. The proposal, if accepted, shall remain valid for the life of the contract.

5.3 CONTRACT EXTENSION The University may extend the duration of a project, provided the resource(s) is/are still available. The University shall provide written notice to the vendor of its intent to extend this contract at least 120 days prior to the end of the initial term. If the vendor does not desire to extend the contract, the vendor shall so notify the University in writing no later than ten (10) days after the date of the University’s notice of intent under this paragraph. Any extension shall be under the same terms and conditions as the final year of the initial term of the contract unless otherwise negotiated and agreed to by the parties.

5.4 OWNERSHIP OF PROPOSALS All submittal contents become the property of the University. Award or rejection of a proposal does not affect this right. All Scope of Services submittals, Risk Assessment Plans and solutions and Value-Added ideas will be kept confidential until an award is made and will not be made public, excepting a public records request.

5.5 PROPOSAL EXPENSE Under no circumstances shall the University be responsible for any proposal preparation expenses, submission costs, or any other expenses, costs, or damages of whatever nature incurred as the result of a vendor’s participation in this process.

5.6 PERFORMANCE VERIFICATION The University reserves the right to contact any vendor to clarify, or seek clarification, on any submittal. This includes, but is not limited to, contacting past references to verify performance, interviewing key personnel, performing additional investigation on the firm’s performance history, and requiring additional documentation or information to respond to any performance findings. The University also reserves the right to request additional information not described in this RFP, such as detailed information about the financial strength/health of a company. Vendors that do not or cannot provide the requested information may be considered non-responsive.

5.7 CONSIDERATION OF PROPOSAL RFP #TS15-058 January 21, 2015 Page 33 of 84

5.7.1 The Vendor selected for an award will be the Best Value Vendor whose proposal is responsive, responsible, and is the most advantageous to the University, as determined by the University in its sole discretion. The University anticipates that all vendors will have a fair and reasonable opportunity to provide service.

5.7.2 The University reserves the right to reject any or all proposals and to reject a proposal not accompanied by any required data, or to reject a proposal that is in any way incomplete or irregular.

5.7.3 Any final analysis or weighted-point score does not imply that one vendor is superior to another, but simply that in the University’s judgment, the Vendor selected appears to offer the best overall solution for the University’s current and anticipated needs.

5.7.4 The University shall have the right to waive any non-material informality or irregularity in any proposal received and to advertise for new proposals where the acceptance, rejection, waiving, or re-advertising is determined by the University to be in its own best interest.

5.7.5 The successful Vendor shall comply with all employment laws and regulations.

5.8 CONFLICT OF INTEREST No employee, officer or agent of University shall participate in the selection, the award, or administration of the contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when one of the following has a financial or other interest in any firm proposing on or selected for the award:

The employee, or an officer or agent of the employee; Any member of the employee’s immediate family; The employee’s business partner; or An organization which employs, or is about to employ, any of the above.

The University’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Vendors, potential Vendors, subcontractors, or other parties to sub-agreements whereby the intent could reasonably be inferred as influencing the employee in the performance of his or her duties or was intended as a reward for any official act on his or her part.

5.9 ACCEPTANCE OF RFP TERMS All terms and conditions contained herein shall become part of any subsequent contract that is awarded from this RFP. A proposal submitted in response to the RFP shall constitute a binding offer.

5.10 CERTIFICATION OF INDEPENDENT OFFERBy submitting a proposal, the vendor certifies that in connection with this RFP:

5.10.1 The proposal has been arrived at independently, without consultation, communication, collusion or agreement with any competitor for the purpose of restricting competition.

5.10.2 Unless otherwise required by law, the offer cited in this RFP has not been and will not be knowingly disclosed by the Vendor prior to opening directly or indirectly to any other vendor.

5.10.3 No attempt has been made nor will be made by the vendor to induce another person or firm to submit or not submit a proposal for the purpose of restricting competition.


5.11 PROPOSAL SIGNATORY AUTHORITY Each person signing this proposal certifies that they are the person in the vendor's firm authorized to make the decision to make the offer.

5.12 INSURANCE REQUIREMENTS5.12.1 Vendor and its sub-vendors of any tier are required to carry the types and limits of

insurance required by law.

5.12.2 By requiring insurance herein, University does not represent that coverage and limits will necessarily be adequate to protect Vendor and its sub-vendor(s) of any tier, and such coverage and limits shall not be deemed as a limitation on the liability of the Vendor and its sub-vendor(s) of any tier under the indemnities granted to University in this Agreement.

5.12.3 The Vendor is required to provide University with a certificate of Insurance (“certificate”) to extent indemnified. All certificates shall be coordinated by the Vendor and provided to the University within seven (7) days of the signing of the contract by the Vendor. Certificates shall be executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. All certificates shall provide for thirty (30) days’ written notice to University prior to cancellation, non-renewal, or other material change of any insurance referred to therein as evidenced by return receipt of United States certified mail. Additionally and at its option, the University may request certified copies of required policies and endorsements. Such copies shall be provided within (10) ten days of the Institution’s request.

5.12.4 All insurance required hereunder shall be maintained in full force and effect with insurers withBest’s rating of A- or better and be licensed and admitted in Idaho. All policies required shall

be written as primary policies and not contributing to nor in excess of any coverage University may choose to maintain. Failure to maintain the required insurance may result in termination of this Agreement at University’s option.

5.12.5 All policies except Workers Compensation and Professional Liability shall name University as Additional Insured.

5.12.6 Certificate Holder shall read:State of Idaho and Boise State UniversityAttn: Risk Management1910 University DriveBoise, Idaho 83725-1245

Certificates shall be mailed to: Boise State University, Risk Management, 1910 University Drive, Boise, ID 83725-1245.

5.12.7 All policies (except Workers Compensation and Professional Liability) shall name the following as Additional Insured: State of Idaho and Boise State University.


5.12.6 Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided shall not be construed as a waiver of Vendor’s obligation and its sub-vendor(s) to maintain such insurance.

5.12.7 Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives

5.12.8 Failure to maintain the required insurance may result in termination of this contract at the Certificate Holder’s option.

5.12.9 Vendor is responsible for coordinating the reporting of claims and for the following: (a)

notifying the Institution in writing as soon as practicable after notice of an injury or a claim is received; (b) cooperating completely with University in the defense of such injury or claim; and (c) taking no steps (such as admission of liability) which will prejudice the defense or otherwise prevent the University from protecting its interests.

5.12.10 Required Insurance Coverage – Vendor and its sub-vendor(s) of any tier shall at its own expense obtain and maintain throughout the term of this contract:

5.12.11 Commercial General and Umbrella / Excess Liability Insurance. Vendor and its sub-Vendor(s) of any tier shall maintain Commercial General Liability (“_GL”) written on an occurrence basis and with a limit of not less than $1,000,000 each occurrence and in the aggregate. If such CGL insurance contains a general aggregate limit, it shall apply separately by location and shall not be less than $2,000,000. CGL insurance shall be written on standard ISO occurrence form (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent Vendors, products-completed operations, personal injury and advertising injury, liquor legal liability, food borne illness and contamination, and liability assumed under a contract including the tort liability of another assumed in a business contract. If necessary to provide the required limits, the Commercial General Liability policy’s limits may be layered with a Commercial Umbrella or Excess Liability policy.

5.12.12 Commercial Automobile Insurance. Vendor and its sub-Vendor(s) of any tier shall maintain a Commercial Auto policy with a Combined Single Limit of not less than $1,000,000; Underinsured and Uninsured Motorists limit of not less than $1,000,000; Comprehensive; Collision; and a Medical Payments limit of not less than $10,000. Coverage shall include Non-Owned and Hired Car coverage.

5.12.13 Business Personal Property. Vendor and its sub-Vendor(s) of any tier shall purchase insurance to cover Business Personal Property of Vendor and its sub-Vendor(s) of any tier. In no event shall University be liable for any damage to or loss of personal property sustained by Vendor, even if such loss is caused by the negligence of Institution, its employees, officers or agents.

5.12.13 Workers’ Compensation and Employers’ Liability Insurance. Vendor and its sub-Vendor(s) of any tier

shall maintain all coverage statutorily required of the Vendor and its sub-Vendor(s) of any tier, and coverage shall be in accordance with the laws of Idaho. Vendor and its sub-Vendor(s) of any tier


shall maintain Employer’s Liability with limits of not less than $100,000 / $500,000 / $100,000.

5.12.14 Professional Liability. If professional services are supplied to Institution, Vendor and its sub-Vendor(s) of any tier, shall maintain Professional Liability (Errors & Omissions) insurance on claims made basis, covering claims made during the policy period and reported within three years of the date of occurrence. Limits of liability shall be not less than one million dollars ($1,000,000)

5.13 UNIVERSITY MARKS / NEWS RELEASE / PROMOTIONSUniversity Marks-Boise State University’s registered trademarks, as well as other names, seals, logos, college colors and other indicia (“University Marks”) that are representative of the University may be used solely with permission of Boise State University. Notwithstanding the foregoing, the University logo may be used in the RFP response for illustrative purposes only. No use may be made of University Marks in any document which implies any association with or endorsement of the services of the bidding company or any other third party.

5.14 ADVERSE INTERESTSDuring the term of this contract and any extensions, the vendor will not provide services nor enter into any agreement to provide services to a person or organization that has interests that are adverse to the University (as defined by the University). If the University believes that the vendor is violating this paragraph, the University will notify the vendor in writing by certified mail. The University and the vendor will meet and discuss the alleged violation within thirty (30) days of such notice.

5.15 APPEALSAn appeal by a vendor of a bid specification, a non-responsiveness determination, or the award of a bid is governed by the Boise State University Purchasing Appeals Process, and must be filed in accordance with that process, which can be found on the Internet at http://vpfa.boisestate.edu/process/procurement/purchasingappealsprocess.pdf

5.16 IDAHO STATE BOARD OF EDUCATION APPROVALThis Agreement is subject to approval by the Idaho State Board of Education and if such approval is not granted this Agreement shall be void and neither party shall have any further obligations or liabilities hereunder.

5.17 DEFINITIONS

BV – Best Value COBE – College of Business and Economics ILC – Interactive Learning Center PIPS – Performance Information Procurement System POS – Point of Sale PPI – Past Performance Information RFP – Request for Proposal RMP – Risk Management Program SUB – Student Union Building TIPS Training – Training for Intervention Procedures University – Boise State University VA – Value Added Vendor – Company or organization that is submitting a proposal in response to this RFP WILK or WILK POD – Wilkerson POD at Chaffee Hall


WRR – Weekly Risk Report

5.18 ATTACHMENTS & EXHIBITS

ATTACHMENT A RFP COVER PAGE & CHECKLIST

ATTACHMENT B PROPOSAL FORM

ATTACHMENT C FINANCIAL PROPOSAL AND PRO FORMA

ATTACHMENT D SCOPE OF SERVICES EXPECTATIONS SUBMITTAL

ATTACHMENT E RISK ASSESSMENT SUBMITTAL

ATTACHMENT F VALUE ADDED SUBMITTAL

ATTACHMENT G PAST PERFORMANCE INFORMATION INSTRUCTIONS

ATTACHMENT H REFERENCE LIST AND PPI SCORE

ATTACHMENT I PPI SURVEY QUESTIONNAIRE

ATTACHMENT J VENDOR QUESTION SUBMITTAL FORM ATTACHMENT KATTACHMENT L

EXHIBIT 1EXHIBIT 2

MILESTONE SCHEDULESIGNATURE PAGE

CLARIFICATION PHASE GUIDESOLICITATION INSTRUCTIONS TO VENDORS


ATTACHMENT ARFP COVER PAGE & CHECKLIST

The Vendor must complete and submit this Attachment. This Attachment shall be the cover page for the Vendor’s Proposal.

Project Number: TS15-058

Project Name: Boise State University Dining Services

Vendors Name:

Address:

City:

State:

Zip Code:

Point of Contact for this RFP:

Phone:

Fax:

Email:

The following documents are required for this proposal (please mark off each document to acknowledge that you have submitted the document in the proper format):

Attachment A Complete and staple as cover page in your proposal (no binders)

Attachment B Fill in all required information on Proposal Form

Attachment C Complete and submit Financial Proposal & Pro Forma Worksheet

Attachment D Complete and submit Scope of Services Submittal

Attachment E Complete and submit Risk Assessment Submittal

Attachment F Complete and submit Value Added Submittal

Attachment H Email a “Reference List” and Scores for each key resource

Attachment I Complete and submit surveys for each key resource

Attachment K Complete and submit Milestone Schedule

Attachment L Complete and submit Signature Page


The following checklist must also be completed. Failing to answer, or answering “No” to any of the questions below may result in disqualification.

1. Is your entire proposal stapled together (not bound in any other way)?

Yes No

2. Is your Risk Mitigation 2 pages or less? Yes No

3. Is your Value Added submittal 2 pages or less? Yes No

4. Do you understand that your Scope of Work Submittal and Risk Assessment can NOT contain any names, past projects, or information that may be used to identify who your firm is?

Yes No

5. Do you understand that you have to use the Scope of Work and Risk Assessment templates provided in this RFP and that you are NOT allowed to re-create either of these templates (cannot alter font size, add colors, add pictures, etc.) or handwrite your responses?

Yes No

6. Do you understand that the contents of the Scope of Work and Risk Assessment Submittal will become part of the Contract?

Yes No

7. Do you understand that your Proposal will be disqualified if you fail to meet any of the above requirements?

Yes No


ATTACHMENT BPROPOSAL FORM

SECTION 1 -CRITICAL TEAM MEMBERS Name of Firm: _______________________________

Name of Regional Vice President: _______________________________

Name of On-Site General Manager: _______________________________

Name of On-Site Executive Chef: _______________________________

Name of On-Site Catering Director: _______________________________

Name of On-Site Retail Manager: _______________________________

Name of On-Site Concession Manager: _______________________________

Name of On-Site Board Dining Manager: ______________________________

SECTION 2 – ADDENDA ACKNOWLEDGEMENT Vendor acknowledges receipt of the following addenda, and has incorporated the requirements of such addenda into the proposal (List All Addenda Issued For This Project):

No. Date No. Date No. Date

No. Date No. Date No. Date

SECTION 3 – FIRM QUALIFICATIONS

No Criteria

Response


1 How many years has your firm been continuously active in dining services (under the current business name)?

2 Identify the number of citations received in the past three years from any government agency, regardless of the nature of alleged violations and outcome.

2012=2013=2014=

3 Is your firm currently disqualified, de-listed or barred from doing business with the State of Idaho or Boise State University?

__ Yes__ No

4 Is your firm currently licensed to provide dining services in the State of Idaho?

__ Yes__ No

5 Is your firm currently disqualified, de-listed or barred from doing business with any federal or state agency?

__ Yes__ No

ATTACHMENT CFINANCIAL PROPOSAL and PRO FORMA WORKSHEET

RetailCONCEPT 1 2 3 4 5 6 7 8ANNUAL SALES PROJECTIONS: MINIMUM ANNUAL GUARANTEE: COMMISSION % ON SALES:

CONCEPT 9 10 11 12 13 14 15 16ANNUAL SALES PROJECTIONS: MINIMUM ANNUAL GUARANTEE: COMMISSION % ON SALES:

Board Dining

Vendor’s proposed daily cost to University for existing meal plans

All access All access 19 Meal 14 Meal 12 meal 10 Meal 7 days 5 days Plan Plan Plan Plan$50 flex $125 Flex $50 flex $175 Flex $225 Flex $375 Flex

Number of Students1700+

1650-16991600-16491650-16991600-16491550-15991500-15491450-14991400-14491350-13991300-13491250-12991200-1249

0-1199

Meal Plan Rate Schedule


Vendor’s proposed daily cost to University for proposed alternate meal plans:

Number of Students1700+

1650-16991600-16491650-16991600-16491550-15991500-15491450-14991400-14491350-13991300-13491250-12991200-1249

0-1199

Meal Plan Rate Schedule

CateringMINIMUM ANNUAL GUARANTEE: COMMISSION % ON SALES:

Concessions:Minimum Commission

Annual Guarantee % on salesAthletic Taco Bell Arena Student Stand Value add/loaded tickets

Vending:MINIMUM ANNUAL GUARANTEE:COMMISSION % ON SALES:


Alcohol:Commission

Taco Bell Arena

Stueckle Sky Center game

bars

Stueckle Sky Center suite

service Catering Morrison

Center

Summer, Conference, Camp:MINIMUM ANNUAL GUARANTEE:COMMISSION % ON SALES:

Capital Investment beyond the $547,500 repayment requirement:Retail:Concepts Investment dollars

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16


Board Dining:Description of investment: Investment Dollars:

Catering:Description of investment: Investment Dollars:

Concession:AthleticsDescription of investment: Investment Dollars:

Taco Bell ArenaDescription of investment: Investment Dollars:

Other:Describe any other capital investment being offered by Vendor.Description of investment: Investment Dollars:

University Expenditure ResponsibilityRFP #TS15-058 January 21, 2015 Page 45 of 84

Facility RentalUtilitiesBronco Card SupportUtility Infrastructure MaintenanceTrash Collection from designated areasInternet Access

Vendor Expenditure ResponsibilityAll other costs not listed above, for example:LaborFood CostsPaper Supplies Cleaning SuppliesOffice SuppliesTelephoneHiring Costs & Background ChecksParking PermitsVehicle ExpenseEquipment RentalLinens and UniformsFlowers/DecorationsEquipment Repairs and MaintenanceTraining/Professional DevelopmentMarketing and AdvertisingCredit Card FeesBanking and Professional FeesCourier ExpensePayroll and Business Insurance and ExpenseBrand Licensing/Franchise FeesTaxes and LicensesSmallwares ReplacementSmall Equipment ReplacementPest ControlLight BulbsPaintingPlumbing clogsTools Signage


Boise State UniversityPro Forma Projections (7/1/16 – 6/30/21)

Revenue: FY16-17 FY17-18 FY18-19 FY19-20 FY21-21Board DiningRetailConcessionsAlcoholCateringSummer ConferenceFood VendingCACFPOther (specify)Total Revenue:

Operating Expenses:Wages/BenefitsFood/BeverageService and SuppliesRepair and MaintenanceCapital ContributionCommission ExpensesOther Expenses (list):

Net Income


ATTACHMENT DSCOPE OF SERVICES EXPECTATIONS SUBMITTAL

This template must be used. Modifications to the format of this template may result in disqualification (i.e. altering font size, altering font type, adding colors, adding pictures, etc.).

RetailProvide a list of all concepts, locations being proposed, and meal equivalency option at the location utilizing the template below. Provide the proposed hours of operation for each proposed concept utilizing the templates below. Multiple templates may be utilized if vendor is proposing more concepts than the template provides.

CONCEPT #1: CONCEPT DESCRIPTION (50 words or less): LOCATION PROPOSED: MEAL EQUIVALENCY OPTION:



CONCEPT #4:


CONCEPT DESCRIPTION (50 words or less): LOCATION PROPOSED: MEAL EQUIVALENCY OPTION:




CONCEPT #8: CONCEPT DESCRIPTION (50 words or less):


LOCATION PROPOSED: MEAL EQUIVALENCY OPTION:













Proposed hours Fall/Spring:

CONCEPTS 1 2 3 4 5 6 7 8SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

9 10 11 12 13 14 15 16SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

Proposed hours Break Periods:


9 10 11 12 13 14 15 16SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY


FRIDAY SATURDAY

Proposed hours Summer:



Submit the following for each concept:Menu Item Price


Board DiningProvide a list of all concepts, locations being proposed, and meal equivalency option at the location utilizing the template below. Provide the proposed hours of operation for each proposed concept utilizing the templates below. Multiple templates may be utilized if vendor is proposing more concepts than the template provides.

Provide pricing for existing meal plans, propose new meal plans and proposed pricing, and hours of operation utilizing the templates below. Additionally, the Vendor must share sample menus.

Vendor’s Proposed pricing per semester of existing meal plans

Residential (also available for non-residential students to purchase):Meals per Flex Pricing Pricing Pricing Pricing Pricing

Week Dollars FY17 FY18 FY19 FY20 FY217 day all access 50 5 day all access 175

19 50 14 175 12 225 10 375

Add 16 guest

Voluntary:Meals per Flex Pricing Pricing Pricing Pricing Pricing

Year Dollars FY17 FY18 FY19 FY20 FY2145 75 45 0 22 0 10 0 5 0 0 100

Vendor's proposed alternate meal plans and pricing

Residential per semester (also available for non-residential students to purchase):

Meals per Flex Pricing Pricing Pricing Pricing PricingWeek Dollars FY17 FY18 FY19 FY20 FY21


Proposed Residential Meal plan rules (100 words or less):

Voluntary:Meals per Flex Pricing Pricing Pricing Pricing Pricing

Year Dollars FY17 FY18 FY19 FY20 FY21

Proposed Voluntary Meal plan rules (100 words or less):

Proposed hours of operation:

Boise River CaféSUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY


FRIDAY SATURDAY

Sample Menus:Format at the discretion of vendors submitting.

CateringCatering Menu

Menu itemProduct Grade Weight Price

Student Catering Menu



Game Day Suites Menu


Game Day Buffet Menu



Service StandardsService Style # Servers # Customers

Concessions

Athletic ConcessionsItem Size Price


Taco Bell Arena/Event ConcessionsItem Size Price


Student Stand ConcessionsItem Size Price


Value Added/Loaded Value Tickets Cost to add to Items Size(s) Tickets

VendingItem Price


AlcoholPricing

Product Taco Bell

Arena

Stueckle Sky Center game bars

Stueckle Sky Center

suite service Catering Morrison

Center


CACFP (Children’s Center)Customer Counts Rates



Summer, Conference, Camp Pricing

Groups PriceBreakfast30 - 100101 -200201 - 300301 - 400500 +Lunch30 - 100101 -200201 - 300301 - 400500 +Dinner30 - 100101 -200201 - 300301 - 400500 +Total Daily Rate30 - 100101 -200201 - 300301 - 400500 +Summer Casual Door Rates* Breakfast* Lunch* DinnerBSU Students/Faculty/Staff receive 10% discount with BSU ID during the summer

Summer Conference Rates 2016


ATTACHMENT ERISK ASSESSMENT SUBMITAL

This template must be used. The Risk Assessment Plan should address the risks that the Vendor does NOT control. The risks should be prioritized (list the greatest risks first). The Vendor may add or delete Risk table templates, but do not exceed the 2-page limit for this section. Do NOT include any identifying information in the Plan. Information listed under the “Documented Performance” line may describe where the Vendor has used the approach or solution previously, and what the results were in terms of verifiable metrics.

Example:

Risk Description:

Risk that is not identified by Vendor professional, competing vendors, or expert contractor will be identified and solved within 3 days maximum (unless more time is justified and requested

Risk Impact / Why is this a risk:

Unforeseen circumstances / risks may cause a deviation to our planned baseline expectation.

Solution:

Once we are notified of a change, we will take the following action:1. Contractor shall immediately notify the designer and University the

same day as discovery of potential cost and time impact2. Contractor shall find best possible options to minimize risk, with

accompanying cost and timeVendor shall propose the best solution with justification and present to University representative

Documented Performance:

We use this approach as part of every project we complete. We have had to use the approach 15 times over the past 3 years. Our solution resulted in less than 1% change orders, and 100% of the references on these 15 projects rated our performance 10 out of 10

Risk #1 Description:Risk Impact / Why is

this a risk:Solution:


Risk #2 Description:Risk Impact / Why is

this a risk:Solution:



ATTACHMENT FVALUE ADDED SUBMITTAL

This template must be used. The Value Added Plan should identify any value added options or ideas that may benefit the University. The value added claims should be prioritized (identify the most important claims first). The Vendor may add or delete Value Added Claim table templates, but do not exceed the 2-page limit for this section. Do NOT include any identifying information in the Plan. Information listed under the “Documented Performance” line may describe where the Vendor has used the approach or solution previously, and what the results were in terms of verifiable metrics. Example:

Item Claim: Reroofing this building will not stop all water leaks. The majority of the leaks are caused by cracks in the parapet walls, broken/missing glass, and poor caulking

How will this add value?This approach in 8 similar projects has worked 100% of the time in stopping all leaks

Cost Impact (%): 0.75% Schedule Impact (%): 0.25%

Item #1 Claim:

How will this add value?Documented Performance:

Cost Impact (%): Schedule Impact (%):

Item #2 Claim:



Item #3 Claim:



Item #4 Claim:



Item #5 Claim:




ATTACHMENT G PAST PERFORMANCE INFORMATION (PPI) INSTRUCTIONS

The PPI submittal has three main criteria:1. Reference List for each key resource (Attachment H) 2. Reference Surveys / Survey Questionnaires (Attachment I)3. Past Performance Information Score for each key resource (Attachment H)

Reference List Requirements: Each Vendor must prepare and submit a list of references who will evaluate their past performance.

Each Vendor is encouraged to submit only highly satisfied references, and preferably, for whom a similar project has been completed (e.g. a similarly sized university dining services project).

The number of references that can be submitted is 3 for the organization and 3 for each key resource. If a Vendor cannot provide references, the selection committee can rate their submitted performance in a relative fashion.

All past projects must be complete and final payment must be received (the reference must be able to respond to the survey questions).

The reference list must contain different projects. You cannot have multiple people evaluating the same project (for a particular key resource).

The reference or reference’s buyer must complete the survey (you cannot have other consultants or third parties evaluate your performance).

Note: Each key resource can use the same references provided that they were used/applied on that particular project

Note: A separate “Reference List” is required for each key resource

Survey Questionnaire Requirements: Each Vendor must prepare, send out, and collect survey questionnaires to each individual listed on the

Reference List. All returned surveys MUST be evaluated AND signed by the reference. If a survey is not signed, it will

NOT be counted / considered. Each Vendor is responsible for making sure that their references receive the survey, complete the

survey, and return the survey. All of the returned surveys should be packaged together and submitted with Vendor’s proposal. (The

Vendor should make a copy of all returned surveys for their own records.)

Past Performance Information Score: Each Vendor will be required to input all of their returned survey scores, and then average all of the

responses together (to obtain their overall rating). Each Vendor will be required to count the total number of returned surveys (to obtain the overall

number of returned surveys) The University may contact the reference to clarify a survey rating or to check for accuracy. If the

reference cannot be contacted, the survey will be deleted and no credit given for that reference. The University may also adjust scores/ratings if the University determines that the criteria/requirements have not been followed.

Note: A separate “Past Performance Information Score” is required for each key resource.


ATTACHMENT H REFERENCE LIST AND PAST PERFORMANCE INFORMATION SCORE

Name of Key Resource: _________________________________________

NO REFERENCE NAME POINT OF CONTACT

PHONE NUMBER

DATE INSTALLED

AWARDED COST

123

Que

stion

#

Criteria

Surv

ey 1

Surv

ey 2

Surv

ey 3

Average

1 Ability to meet Client’s expectations

2 Ability to provide technical direction

3 Ability to provide project and strategic direction

4 Ability to communicate

5 Ability to meet deadlines

6Leadership ability (minimize the need of Vendor/University direction)

7 Ability to address and manage change

8Ability to offer solutions appropriate for client’s needs

9 Quality of work – Service and product

10Your comfort level in hiring the Vendor again, based on performance

Overall Average Score:

Total Number of Surveys Returned:


ATTACHMENT IPPI SURVEY QUESTIONNAIRE

Survey IDTo:

(Name of person completing survey)

Phone: Fax:

Subject: Past Performance Survey of:(Name of Vendor)

(Key Resource) The University is implementing a process that collects past performance information on Vendors and their key resources. The firm/individual listed above has listed you as a reference for which they have previously performed work. The University appreciates your time in completing this survey. Rate each of the criteria on a scale of 1 to 10, with 10 representing that you were very satisfied and 1 representing that you were very unsatisfied. Please rate each of the criteria to the best of your knowledge (you may leave a question blank if you don’t have adequate knowledge).

Reference Name:________________________________________

Project Name:___________________________________________

NO CRITERIA UNIT RATING1 Ability to meet Client’s expectations (1-10)

2 Ability to provide technical direction (1-10)

3 Ability to provide project and strategic direction (1-10)

4 Ability to communicate (1-10)

5 Ability to meet deadlines (1-10)

6 Leadership ability (minimize the need of Vendor/University direction) (1-10)

7 Ability to address and manage change (1-10)

8 Ability to offer solutions appropriate for client’s needs (1-10)

9 Quality of work – Service and product (1-10)

10 Your comfort level in hiring the Vendor again, based on performance (1-10)

Printed Name (of Reference) Signature (of Reference)Thank you for your time and effort in assisting the University in this important endeavor.

Please fax the completed survey to: [<<Vendor’s fax #>>]


ATTACHMENT J

VENDOR QUESTION SUBMITTAL FORM

Boise State UniversityUniversity Dining Services

PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.2. Enter the RFP section number that the question is for in the “RFP Section” field (column 2). If the

question is a general question not related to a specific RFP section, enter “General” in column 2. If the question is in regard to a State Term and Condition or a Special Term and Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment A”) in the “RFP Section” (column 2), and the attachment page number in the “RFP page” field (column 3).

3. Do not enter text in column 5 (Response). This is for the University’s use only.4. Once completed, this form is to be emailed per the instructions in the Section 1, RFP Administrative

Information. The email subject line is to state the RFP number followed by “Questions.”


ATTACHMENT JBoise State University

University Dining Services TS15-058

Question RFP Section RFP Page Question Response

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20


ATTACHMENT KMILESTONE SCHEDULE

Please add your milestone schedule for your proposal here. You can use whatever form that works best. Please label your submittal Attachment K Milestone Schedule. This is a high level overview of the major transition milestones and dates. One (1) page limit.


ATTACHMENT LSIGNATURE PAGE TS15-058

THE UNDERSIGNED HEREBY OFFERS TO SELL TO BOISE STATE UNIVERSITY THE SPECIFIED PROPERTY AND/OR SERVICES, IF THIS PROPOSAL IS ACCEPTED WITHIN A REASONABLE TIME FROM DATE OF CLOSING, AT THE PRICE SHOWN IN OUR PROPOSAL AND UNDER ALL THE TERMS AND CONDITIONS CONTAINED IN, OR INCORPORATED BY REFERENCE, INTO THE BOISE STATE UNIVERSITY’S SOLICITATION.

SUBMISSION OF A PROPOSAL TO BOISE STATE UNIVERSITY CONSTITUTES AND SHALL BE DEEMED AN OFFER TO SELL TO BOISE STATE UNIVERSITY THE SPECIFIED PROPERTY AND/OR SERVICES AT THE PRICE SHOWN IN THE PROPOSAL AND UNDER THE STATE OF IDAHO’S TERMS AND CONDITIONS.

AS THE UNDERSIGNED, I ALSO CERTIFY I AM AUTHORIZED TO SIGN THIS PROPOSAL FOR THE VENDOR AND THE PROPOSAL IS MADE WITHOUT CONNECTION TO ANY PERSON, FIRM, OR CORPORATION MAKING A PROPOSAL FOR THE SAME GOODS AND/OR SERVICES AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD.

NO LIABILITY WILL BE ASSUMED BY BOISE STATE UNIVERSITY FOR A VENDOR’S FAILURE TO OBTAIN THE TERMS AND CONDITIONS IN A TIMELY MANNER FOR USE IN THE VENDOR’S RESPONSE TO THIS SOLICITATION OR ANY OTHER FAILURE BY THE VENDOR TO CONSIDER THE TERMS AND CONDITIONS IN THE VENDOR’S RESPONSE TO THE SOLICITATION.

The person signing this Proposal certifies that they have the authority to make the offer for their firm. The signature must be an ORIGINAL SIGNATURE SIGNED IN BLUE INK.

Name of Company

Street Address and City State Zip Code

Company Website

Printed Name & Title of Company Representative Federal Tax ID

Signature of Company Representative Date

Email Phone Fax

Please make sure to submit this Attachment along with the other required Attachments.Unsigned responses will not be considered.


EXHIBIT 1CLARIFICATION PHASE GUIDE

1. OVERVIEWa. The Clarification Period is not a negotiation period, rather it provides the Vendor with a final

opportunity to protect itself by allowing the Vendor to carefully pre-plan the project before an award is made. Vendor will not be permitted to modify their cost/fee/financial rates, project durations, or project team unless the University requests changes. The Clarification Period is started by the notification of the best value vendor, and ended by the final presentation to the University after all issues have been addressed. If the University is not satisfied during the Clarification Phase, or upon completion of the Clarification Meeting, the University may consider another Vendor for potential award (this Vendor would also have to conduct a Clarification Meeting). If the University is satisfied with the potential best-value Vendor, they will proceed to issue an Award and Contract.

b. The Clarification Phase is carried out prior to the signing of the contract. The University’s objective is to have the project/service completed on time, without any vendor cost increases, and with high customer satisfaction. At the end of the project, the University will evaluate the performance of the Vendor based on these factors, so it is very important that the Vendor pre plans the project to ensure there are no surprises.

c. It is the Vendor’s responsibility to ensure it understands the scope of the project and clearly identify what they are delivering. It is the University’s responsibility to ensure that it conveys any potential concerns and issues before the contract is signed. It is the Vendor's responsibility to manage and mitigate the risk of the project.

d. The Clarification Phase provides the Vendor with an opportunity to identify "what is in" and "what is out" of their proposal. This is attached with a detailed schedule, milestone schedule and a cost. The University has the right to accept or deny this proposal. The University also has a right to identify their perceived risks, concerns, and issues which it will require the Vendor to mitigate and manage. The major products of the Clarification Period include the scope of the project, the milestone schedule, the Risk Management Plan (RMP), the cost breakout of the project, and the weekly risk report (WRR).

e. The pre-planning should include all coordination and identification of all risks that cannot be controlled by the Vendor. In many cases, one of the Vendor’s biggest risks (in terms of delivering the service with high satisfaction) is the University. Therefore, it is in the Vendor’s best interest to identify any issues or concerns ahead of time during the clarification phase. The Vendor should minimize their risk by creating documentation that assists them to be proactive in mitigating risk.

2. PRE PLANNING AND COORDINATION

a. Vendors may be required to provide the University with supporting documentation of any information listed in their submittals before entering the Clarification Phase.


b. Once the best value Vendor is notified, the University may provide a list of risks identified by the

other Vendors and a list of any University issues or concerns.

c. The University requires that the Vendor attend a Kick-Off Meeting to present their proposal, the milestone schedule, their risk management plan (RMP), and to seek additional issues or concerns that the University may have. It is also an opportunity to meet all participants who may be a stakeholder in the project. The Vendor is required to perform the following functions as part of, or in preparation for, this Kick-Off Meeting:

i. Ensure that the University Project Manager has invited all University stakeholders and participants to the meeting (including University, subcontractors, designer / AE, interested parties, etc.)

ii. Present the scope of their services ("what is in" and "what is out").iii. Present their milestone schedule and their risk management plan (RMP.) This includes

risks and potential mitigation to the risks.iv. Identify University responsibilities.v. Present their Weekly Risk Report (WRR) format.

vi. Identify any questions that they may have.vii. Listen to concerns, issues, and comments from the University stakeholders.

viii. Propose a schedule to finalize Clarification Period and the contract documents. (See Exhibit 1, Section 3, Clarification Document, below for a comprehensive list of required documents.)

d. Once the Clarification Kick-off Meeting is held, and if the University is comfortable with the Vendor’s proposal, the Clarification Phase begins. The Vendor will be required to complete the following:

i. Revisit the site/buildings/campus to do any additional investigating.ii. Coordinate with all parties that will be involved with the project.

iii. Resolve concerns and issues they have with mitigating actions.iv. Finalize the Clarification Documents (See Exhibit 1, Section 3, Clarification Documents

for a list of required documents.)

3. CLARIFICATION DOCUMENT(S)The objective of the Vendor’s Clarification Document(s) is to identify risk that the Vendor does not control or risk that is impacted by factors that the Vendor does not control. The Vendor must also identify how they will attempt to minimize the risk. If the Vendor does not identify the risk that they do not control, then the Vendor is stating the risk (stated or not stated) is under their control and a part of their contract to meet the intent of the University. The final Clarification Document will include the following:

a. Finalized scope documentsb. Risk Management Plan (RMP) (A list of all the risks/concerns and solutions to minimize each of

the risks).c. Milestone scheduled. Weekly Risk Report format (WRR)e. Project financial summary.

i. The Vendors Original Project Cost


ii. A list of agreed/accepted Value Added Options (with impact to cost)iii. A list of agreed upon Scope Changes or Additional Work, if applicable, including cost

impact. f. Complete detailed project or services schedule.g. Executive Summaryh. Performance Measures to verify the success of the project. i. Project action item checklist of University actions.j. Project and emergency contact list.

4. CLARIFICATION SUMMARY MEETING

a. The Clarification Summary Meeting is held at the end of the clarification phase and is used to present a summary of what was developed and agreed upon during the clarification phase. The clarification meeting is not a question and answer session. The Vendor and University stakeholders must not wait for the meeting to ask questions. All coordination and planning with the University should be done prior to the meeting.

b. The Vendor should give a presentation, which walks the University through the entire project and summarizes all of the coordination and planning done during the clarification period. The Vendor should bring their team and all the documents specified in the Clarification Document. The Vendor should come with documents explaining what the University is responsible for in this project and should identify exactly what they want from the University with due dates. The Vendor must convince the University that they have minimized all risks and will not be surprised once the project begins. The clarification meeting presentation (and meeting minutes, if applicable) will become part of the contract along with the other documents from the Clarification Document.


EXHIBIT 2SOLICITATION INSTRUCTIONS TO VENDORS

1. AUTHORITY TO PURCHASE: The University is authorized pursuant to Idaho Code Section 67-5728 to execute and administer Contracts for the procurement of goods and services for the University in accordance with the University’s established policies and procedures. Pursuant to Idaho Code Section 67-5725, all agreements made in violation of the applicable purchasing statutes or rules, including the University’s purchasing policies, shall be void and any sum of money advanced by the University shall be repaid.

2. E-PURCHASING: The University may utilize the Idaho e-Procurement System (IPRO), an electronic procurement system. Depending upon which profiling options vendors select in IPRO, vendors may be sent email notifications of acquisition opportunities on those Solicitations electronically posted.

3. ELECTRONIC SIGNATURES: IPRO processes all information electronically on the Internet. Signatures by both the submitting Vendor and the University when using IPRO may be electronic and electronic signatures used with IPRO are as fully binding and legal for the University’s purchasing process as a manually-affixed signature. Any reference in these Solicitation Instructions to Vendors to “signed,” “signature,” “manually signed in ink,” or equivalents will include electronic signature, if the submitting Vendor is using IPRO.

4. DEFINITIONS: Unless the context requires otherwise, all terms not defined below shall have the meanings defined in Idaho Code Section 67-5716.

A. Agency - All offices, departments, divisions, bureaus, boards, commissions and institutions of the state, including the public utilities commission, but excluding other legislative and judicial branches of government, and excluding the governor, the lieutenant-governor, the secretary of state, the state controller, the state treasurer, the attorney general, and the superintendent of public instruction.

B. Bid – A written offer that is binding on the Bidder to perform a Contract to purchase or supply Property in response to an Invitation to Bid.

C. Bidder – A Vendor who has submitted a Bid.

D. Contract - Contract means any University-written agreement, including a Solicitation or specification documents and the accepted portions of the Solicitation, for the acquisition of Property. Generally, the term is used to describe term contracts, definite or indefinite quantity or delivery contracts or other acquisition agreements whose subject matter involves multiple payments and deliveries.

E. Contractor - A Vendor who has been awarded a Contract.

F. Invitation to Bid – All documents, whether attached or incorporated by reference, utilized for soliciting formal sealed Bids.

G. Offeror – A Vendor who has submitted a proposal in response to a Request for Proposals for Property to be acquired by the University.

H. Property. Goods, services, parts, supplies and equipment, both tangible and intangible, including, but nonexclusively, designs, plans, programs, systems, techniques and any rights and interests in such Property. Includes concession services and rights to access or use state property or facilities for business purposes.

I. Proposal – A written response, including pricing information, to a Request for Proposals that describes the solution or means of providing the Property requested and which Proposal is considered an offer to perform in full response to the Request for Proposals. Price may be an evaluation criterion for Proposals, but will not necessarily be the predominant basis for Contract award.

J. Quotation – An offer to supply Property in response to a Request for Quotation and generally used for small or emergency purchases.

K. Request for Quotation – The document, form or method generally used for purchases solicited in accordance with small purchase or emergency purchase procedures.


L. Request for Proposals (RFP) – Includes all documents, whether attached or incorporated by reference, utilized for soliciting competitive Proposals and is generally utilized in the acquisition of services or complex purchases.

M. Solicitation – An Invitation To Bid, a Request For Proposals or other document issued by the purchasing activity for the purpose of soliciting Bids, Proposals or Quotations to perform a Contract.

N. State – The State of Idaho including each Agency unless the context implies other state(s) of the United States.

O. University – Boise State University.

P. Vendor – A person or entity capable of supplying Property to the University.

5. AWARD METHOD: Contracts may only be awarded to the "Lowest Responsible Bidder." The Lowest Responsible Bidder is defined by Idaho Code Section 67-5716(12) as "The responsible bidder whose bid reflects the lowest acquisition price to be paid by the state; except that when specifications are valued or comparative performance examinations are conducted, the results of such examinations and the relative score of valued specifications will be weighed, as set out in the specifications, in determining the lowest acquisition price." When deemed to be in the best interest of the University, and set forth in the Solicitation documents, additional consideration may be given to the elements of discounts, supply location, quality of products or previous service, delivery time, or other elements.

6. ADMINISTRATIVE FEE: In accordance with Paragraph 5 of the State of Idaho Standard Terms and Conditions, Contracts issued through IPRO may be subject to an Administrative Fee of one point two five percent (1.25%) of the awarded value of the Contract, unless otherwise exempt (See Paragraph 5, State of Idaho Standard Terms and Conditions).

7. DETERMINATION OF RESPONSIBILITY: The University reserves the right to make reasonable inquiry about or from the submitting Vendor or from third parties to determine the responsibility of a submitting Vendor. Such inquiry may include, but not be limited to, inquiry regarding financial statements, credit ratings, references, potential subcontractors, and past performance. The unreasonable failure of a submitting Vendor to promptly supply any requested information may result in a finding of non-responsibility.

8. SOLICITATION AMENDMENTS: It will be the Vendors’ responsibility to check for any amendments to the solicitation document(s) prior to submitting a Bid, Proposal, or Quotation on the University website found at http://vpfa.boisestate.edu/purchasing/purchasing-bid-opportunities. Information given to one Vendor will be available to all other Vendors if such information is necessary for purposes of submitting a Bid, Proposal or Quotation, or if failure to give such information would be prejudicial to uninformed Vendors.

9. NOTICE OF EFFECTIVENESS: No Contract is effective until the authorized University purchasing official has signed the Contract (which signature may be electronic), and the effective or award date has passed. The Vendor shall not provide any goods or render services until the Contract has been signed by the University purchasing official and the Contract has become effective. Furthermore, the University is in no way responsible for reimbursing the Vendor for goods provided or services rendered prior to the signature by the authorized University purchasing official and the arrival of the effective date of the Contract.

10. ECONOMY OF PREPARATION: If submitting a response to a solicitation, responses should be prepared simply and economically, providing a clear, complete and concise description of the Offeror’s capabilities to satisfy the University’s requirements.

11. SPECIFICATIONS: Specifications describe the Property the University wants to acquire. Vendors are encouraged to review the specifications closely and present written questions within the time prescribed in the Solicitation to the designated purchasing official. See also Paragraph 14 on Administrative Appeals. The University is prohibited from accepting Property that does not meet the minimum specifications pursuant to Idaho Code Section 67-5726(4) and Section 67-5736.

12. LAWS: The laws governing the University’s purchases of goods and services are found in Idaho Code Section 67-5714 through Section 67-5744, available on the Internet at http://purchasing.idaho.gov/rules_and_policies.html. It is the Vendor's responsibility to conform to ALL applicable federal, state and local statutes or other applicable legal requirements. The information provided herein is intended to assist Vendors in meeting applicable requirements but is not exhaustive and the University will not be responsible for any failure by any Vendor to meet applicable requirements.

13. PREFERENCE FOR IDAHO SUPPLIERS FOR PURCHASES: Idaho preferences are governed by Idaho Code Section 67-2349 (Reciprocal Preference) and Idaho Code Section 60-101 – 103 (Printing).


14. ADMINISTRATIVE APPEALS: The procedure applicable to administrative appeals is set forth at http://vpfa.boisestate.edu/process/procurement/purchasingappealsprocess.pdf.

15. SUBMISSION FORMS:

A. Manual Submissions – For manually sealed and submitted Bids or Proposals, a submitting Vendor must use the University’s supplied signature page (or other binding document as specified) when submitting its Bid or Proposal. The signature page must be manually signed in ink by an authorized agent of the submitting Vendor and returned with the submission package. Manually-submitted Bids or Proposals submitted without the signature page shall be found non-responsive and will not be considered. An incomplete, unsigned, or modified signature page will be cause for a finding of non-responsiveness. The signature page must contain an ORIGINAL HANDWRITTEN signature executed in INK and be returned as part of the submitting Vendor’s Bid or Proposal. PHOTOCOPIED SIGNATURES or FACSIMILE SIGNATURES are NOT ACCEPTABLE. Submissions must be completed either in ink or typewritten. Forms or figures written in pencil are not acceptable. Mistakes should not be erased but may be crossed out and corrections inserted next to the errors and initialed IN INK by the person signing.

B. Submission Forms – Manual Quotations – For manually submitted Quotations, the submitting Vendor may use anyresponse and submission form authorized by the Request For Quotation, including oral, telephonic, facsimile, email, or regular mail.

C. Submission Forms – Electronic – For Vendors using IPRO, proper completion of the electronic forms is required.

D. Submission Forms – Manual or Electronic – Regardless of Submission Form, Vendor warrants by submitting a Bid, Proposal or Quotation that it accepts the State of Idaho Standard Contract Terms and Conditions and the Solicitation Instructions to Vendors, and any Special Terms and Conditions identified in the Solicitation. Additionally, one or more of the following may be applicable:

1. If the Vendor is a corporation, partnership, sole proprietorship or other legal entity, and employs individual persons, by submitting its Bid, Proposal or Quotation, vendor warrants that any Contract resulting from this Solicitation is subject to Executive Order 2009-10 [http://gov.idaho.gov/mediacenter/execorders/eo09/eo_2009_10.html]; it does not knowingly hire orengage any illegal aliens or persons not authorized to work in the United States; it takes steps to verify that it does not hire or engage any illegal aliens or persons not authorized to work in the United States; and that any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and shall be cause for the imposition of monetary penalties up to five percent (5%) of the Contract price, per violation, and/or termination of its Contract; or

2. If Vendor is a natural person eighteen (18) years of age or older,

a. by submitting its Bid, Proposal or Quotation, warrants that its Bid, Proposal or Quotation is subject to Idaho Code section 67-7903 and, pursuant thereto, by submitting its Bid, Proposal or Quotation, attests, under penalty of perjury, that it isa United States citizen or legal permanent resident or that it is otherwise lawfully present in the United States pursuant to federal law; and

b. prior to being issued a Contract, Vendor will be required to submit proof of lawful presence in the United States in accordance with Idaho Code Section 67-7903.

16. BID AND REQUEST FOR PROPOSAL SUBMISSIONS:

A. Manual Submissions – Unless otherwise stated elsewhere in the Solicitation, the submission package or envelope must be SEALED and plainly marked in the LOWER left corner with the following: (i) the name of the item or service being sought; (ii) opening date and time; and (iii) the Solicitation number. This information is found in the Solicitation document. The submitting Vendor’s return address must appear on the envelope or package. Any Bid sheets and the signature page containing an original authorized signature must be submitted in a sealed envelope or package. (Do not respond to more than one Solicitation in the same envelope!) A submission made using "Express/Overnight" services must be shipped in a separate sealed inner envelope/package identified as stated above, and enclosed inside the "Express/Overnight" shipping container or package. No responsibility will attach to the University, or to any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open a submission not properly addressed and identified. DO NOT FAX YOUR BID OR PROPOSAL. No oral, telephone, facsimile or late submissions will be considered. All submissions must be received at the physical address designated for courier service and time/date stamped by the purchasing activity prior to the closing date and time. It is the submitting Vendor’s responsibility to timely submit its Bid or Proposal in a properly marked envelope, prior to the scheduled closing, for receipt in sufficient time to allow the submission to be time and date stamped prior to the closing time.


B. Bid Submissions – Electronic – For Bids, Proposals or Quotations submitted by means other than manual methods, submitting Vendors using IPRO must complete all steps in the submission process prior to the scheduled closing date and time.

C. Late Submissions – It is the submitting Vendor’s responsibility to ensure that its Bid, Quotation, or Proposal is delivered or electronically submitted to the place designated for receipt prior to the specified closing time. Late submissions will not be considered under any circumstances. The official time used in the receipt of manual submissions is the prevailing local time as evidenced by the automatic time/date stamp located at the physical address designated for receipt of Bids, Quotations or Proposals. Electronic submissions will use IPRO’s time to determine receipt time. No responsibility will be assumed for delays in the delivery of mail by the U.S. Post Office, private couriers, the intra-State mail system, or for the failure of any computer or electronic equipment. Submitting Vendors should be advised the intra-State mail system may increase delivery time from Central Postal to the place designated for receipt and should plan accordingly. LATE SUBMISSIONS WILL BE DECLARED REJECTED AS NON-RESPONSIVE AND RETURNED TO THE SUBMITTING VENDOR. NO DEVIATIONS WILL BE ALLOWED.

17. TABULATION INFORMATION:

Manual/Electronic Opening – Electronic and manually-distributed Solicitations will contain detailed information regarding closing/opening dates and times. Vendors may attend openings of manually-submitted Solicitations at the place, date, and time specified in the Solicitation. At that time, for Bids, the names of Bidders and Bid amounts will be announced. For Proposals, only the names of the Offerors will be announced. No other information will be disclosed at that time. Persons may request tabulation information when it becomes available. Depending upon the complexity of the Solicitation, tabulations may take as long as thirty (30) calendar days. No tabulation information will be given over the phone.

18. TERMS AND CONDITIONS OF ENSUING CONTRACT: Any ensuing Contract will be governed by the State of Idaho Standard Contract Terms and Conditions, any applicable Special Terms and Conditions and, if applicable, any negotiated provisions, all as specified in the Solicitation. Unless otherwise identified in the Solicitation, no additional or supplemental terms and conditions submitted by the submitting Vendor as part of its response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect and shall be inapplicable to this Solicitation and any ensuing Contract. If additional or supplemental terms and conditions, either intentionally or inadvertently appear separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the State of Idaho Standard Contract Terms and Conditions and any Special Terms and Conditions in the Solicitation are the only conditions applicable to the Solicitation and any ensuing Contract and the submitting Vendor's authorized signature affixed to the signature page form attests to this. If you condition your Bid or Proposal on such additional terms and conditions, your Quote, Bid or Proposal may be deemed non-responsive. IF YOU HAVE QUESTIONS OR CONCERNS REGARDING THE UNIVERSITY’S TERMS AND CONDITIONS, ADDRESS THEM IN WRITING TO THE DESIGNATED PURCHASING OFFICIAL WITHIN THE TIME PERIOD PRESCRIBED PRIOR TO THE SOLICITATION CLOSING DATE.

19. PRE-OPENING SOLICITATION WITHDRAWALS OR MODIFICATION:

A. Manual – Manual submissions may be withdrawn or modified only as follows: Bids or Proposals may be withdrawn or modified prior to the closing by written communication signed in ink by the submitting Vendor. Bids or Proposals may be withdrawn prior to closing in person upon presentation of satisfactory evidence establishing the individual’s authority to act on behalf of the submitting Vendor. Any withdrawing or modifying communication must clearly identify the Solicitation. A modifying letter should be worded so as NOT to reveal the amount.

B. Pre-Opening Solicitation Withdrawals – Electronic – A submitting Vendor using IPRO may withdraw a previously submitted Solicitation response at any time prior to the closing by submitting another response with a zero unit price for each affected line item of the Solicitation and inserting the words “WITHDRAWAL OF PREVIOUSLY SUBMITTED BID” in the comments field for each affected line item.

C. Pre-Opening Solicitation Modification – Electronic – A submitting Vendor using IPRO may modify or change a previously submitted Solicitation response at any time prior to the closing by submitting another Solicitation response. Each additional response or submission has the effect of canceling the previous response and replacing it with the submitting Vendor’s most current Solicitation response.

20. REJECTION OF BIDS AND PROPOSALS AND CANCELLATION OF SOLICITATION:

A. Prior to the issuance of a Contract, the University shall have the right to accept or reject all or any part of a Bid, Proposal or Quotation or any and all Bids, Proposals and Quotations when: (i) it is in the best interests of the University; (ii) the Bid, Proposal or Quotation does not meet the minimum specifications; (iii) the Bid, Proposal or Quotation is not the lowest responsible Bid, Proposal or Quotation; (iv) a finding is made based upon available evidence that a submitting Vendor is not RFP #TS15-058 January 21, 2015 Page 81 of 84

responsible or is otherwise incapable of meeting specifications or providing an assurance of ability to fulfill Contract requirements; or (v) the item offered deviates to a major degree from the specifications, as determined by the University (minor deviations, as determined by the University, may be accepted as substantially meeting the Solicitation requirements). Deviations will be considered major when such deviations appear to frustrate the competitive Solicitation process or provide a submitting Vendor an unfair advantage.

B. Prior to the issuance of a Contract, the University shall have the right to reject all Bids, Proposals, or Quotations or to cancel a Solicitation. Cancellation may be for reasons that include, but are not limited to: (i) inadequate or ambiguous specifications; (ii) specifications have been revised; (iii) Property is no longer required; (iv) there is a change in requirements; (v) all submissions are deemed unreasonable or sufficient funds are not available; (vi) Bids, Proposals or Quotations were not independently arrived at or were submitted in bad faith; (vii) it is determined that all requirements of the Solicitation process were not met; (viii) insufficient competition; or (ix) it is in the best interests of the University.

21. BURDEN OF PROOF: It shall be the responsibility and burden of the submitting Vendor to furnish, with its original submission, unless otherwise provided in the Solicitation, sufficient data for the University to determine whether or not the property offered conforms to the specifications.

22. ALTERNATE BIDS: Multiple bids submitted by a single submitting Vendor, or a submitting Vendor’s alternate bids, WILL NOT BE ACCEPTED UNLESS SO STATED IN THE SPECIFICATIONS.

23. DISCOUNTS: Discounts, when applicable, shall be shown in a single net percentage figure (e.g. 57-1/4% instead of 50, 10, and 5 percent). DISCOUNTS FOR PROMPT PAYMENT WILL BE ACCEPTED BUT CANNOT BE USED IN DETERMINING THE LOWEST BID.

24. UNIT PRICES GOVERN: Unit prices shall govern. IMPORTANT: Prices must be given in the "unit of measure" required in the Solicitation. Example: If the Solicitation requires an item by the "piece," submit pricing by the "piece." If the Solicitation requires an item by the "foot," submit pricing by the "foot."

25. FIRM PRICES: The submitting Vendor agrees that its Bid, Quotation or Proposal shall be good and may not be withdrawn for a period of sixty (60) days after the scheduled closing date, unless otherwise identified in the Solicitation. No Bid, Quotation or Proposal will be accepted if marked "price prevailing at time of delivery,” “estimated prices,” “actual costs to be billed,” or similar phrases. After the date and time of closing, no price change will be allowed, unless otherwise stated in the Solicitation. All Bids, Quotations and Proposals must be in U.S. Dollars.

26. ORAL INFORMATION: Questions concerning a Solicitation must be directed in writing to the designated purchasing official in the period of time prescribed in the Solicitation. Bids, Proposals, or Quotations deviating from the specifications by any means other than that which is allowed by an amendment to the Solicitation written and issued by the University will be subject to rejection. The University will not be responsible for any verbal or oral information given to Vendors by anyone other than an authorized purchasing official who has providing information in writing. Reliance on any oral representation is at the Vendor’s sole risk.

27. GOVERNMENTAL USE ONLY: Unless otherwise noted in the Solicitation, all purchases made pursuant to the Solicitation are for the internal use of government only and will not be resold to the general public at retail. Upon request, the University will issue a certification that all purchases made pursuant to the Solicitation are intended for the internal use of government and will not be resold to the general public at retail.

28. PUBLIC RECORDS:

A. The Idaho Public Records Law, Idaho Code Sections 9-337 through 9-348, allows the open inspection and copying of public records. Public records include any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained by a State Agency or a local agency (political subdivision of the State of Idaho) regardless of the physical form or character. All, or most, of the information contained in your response to the University's Solicitation will be a public record subject to disclosure under the Public Records Law. The Public Records Law contains certain exemptions. One exemption potentially applicable to part of your response may be for trade secrets. Trade secrets include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy. If you consider any material that you provide in your Bid, Proposal or Quotation to be a trade secret, or otherwise protected from disclosure, you MUST so indicate by marking as “exempt” EACH PAGE containing such information. Marking your entire Bid, Proposal or Quotation as exempt is not acceptable or in accordance with the Solicitation or the Public Records Law and WILL NOT BE HONORED. In addition, a legend or statement on one (1) page that all or substantially all of the response is exempt from disclosure is not acceptable or in accordance with the Public Records Law and WILL NOT BE HONORED. Prices that RFP #TS15-058 January 21, 2015 Page 82 of 84

you provide in your Bid, Proposal or Quotation are not a trade secret. The University, to the extent allowed by law and in accordance with these Solicitation Instructions, will honor a designation of nondisclosure. Any questions regarding the applicability of the Public Records Law should be addressed to your own legal counsel PRIOR TO SUBMISSION of your Bid, Proposal or Quotation.

B. If your Bid, Proposal or Quotation contains information that you consider to be exempt, you must also submit an electronic redacted copy of the Bid, Proposal or Quotation with all exempt information removed or blacked out. The University will provide this redacted Bid, Proposal or Quotation to requestors under Idaho Code Sections 355 et seq. Submitting Vendors must also:

1. Identify with particularity the precise text, illustration, or other information contained within each page marked “exempt” (it is not sufficient to simply mark the entire page). The specific information you deem “exempt” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise be clearly distinguished from other text or other information and be specifically identified as “exempt.”

2. Provide a separate document with your Bid, Proposal or Quotation entitled “List of Redacted Exempt Information,” which provides a succinct list of all exempt material noted in your Bid, Proposal or Quotation. The list must be in the order in which the material appears in your Bid, Proposal or Quotation, identified by Page#, Section#/Paragraph#, Title of Section/Paragraph, specific portions of text or other information; or in a manner otherwise sufficient to allow the University to determine the precise material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

C. Vendor shall indemnify and defend the University and State of Idaho against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring a designation of exempt or for the Vendor’s failure to designate individual documents as exempt. The Vendor’s failure to designate as exempt any document or portion of a document that is released by the University shall constitute a complete waiver of any and all claims for damages caused by any such release. If the University receives a request for materials claimed exempt by the Vendor, the Vendor shall provide the legal defense for such claim.

29. LENGTH OF CONTRACT: Pursuant to Idaho Code Section 67-5717(9), the University may enter into Contracts, including leases and rentals, for periods of time exceeding one (1) year provided that such Contracts contain no penalty to or restriction upon the University in the event cancellation is necessitated by a lack of financing for any such Contract or Contracts.

30. LEASE-PURCHASE OPTIONS: Idaho Code Section 67-5721 reads, in part, as follows: "Any exercise of an option to acquire (goods, services, parts, supplies and equipment), or any other procedure which shall serve to pass title to the state where no passage of title existed before, shall be deemed to be a new acquisition and prior to execution all applicable provisions and procedures of this chapter [67-5714 through 67-5744] shall be exercised.” (NOTE: This provision is NOT applicable to time purchase or installment-purchase Contracts).
