request for proposal - ocean county collegepurchasing.ocean.edu/dmdocuments/rfp for food services...

of 36

OCEAN COUNTY COLLEGE

Purchasing Department Request for Proposal

April 21, 2011 Ocean County College is seeking proposals for a one year contract for “Food Services and Vending Service.” The awarded contract shall be for a one year term with two permitted one year extensions. Specifications and requirements are enclosed for tour consideration. Questions regarding this Request for Proposal (“RFP”) must be directed to: Tonnie Swindle, (732)255-0400, ext. 2048, or email:[email protected]. Site Visit: April 27, 2011 @10:00, Faculty Dining Room Building #15,(College Center) Question Due Date: May 04, 2011 by 2:00 p.m. Answers/addendum issuance date: May 05, 2011, by 2:00 p.m. All proposals in response to this RFP must be received by the Purchasing Department on or prior to 2:00 pm, on May 13, 2011. FAXED PROPOSALS WILL NOT BE ACCEPTED THE OUTSIDE OF ALL ENVELOPES CONTAINING BID PROPOSALS MUST INDICATE THE FOLLOWING INFORMATION: Attention: Tonnie Swindle, Buyer Ocean County College Purchasing Department Administration Bldg., Suite 12 2001 College Drive Toms River, New Jersey 08754-2001 Ref. #11/12-Q03 “Food Services and Vending Service”

mailto:[email protected].�

of 36

TERMS & CONDITIONS

1.0 PURPOSE

This Request for Proposal (RFP) is issued by Ocean County College. The purpose of this RFP is to solicit bid proposals to engage a contractor to provide food services and vending services with the ability to bid, when requested, for catering events for the College. The term of the contract shall be for one year, with two permitted year extension option.

The intent of this RFP is to award a contract to that responsible bidder whose bid proposal, conforming to this RFP is most advantageous to the College, price and other factors considered, N.J.S.A. 18A:64A-25.5a(7). 2.0 BACKGROUND INFORMATION

Ocean County College is the oldest county college in New Jersey having opened its doors to students in the fall of 1966. It is situated in the Township of Toms River on 337 acres. The College’s current space inventory is 455,000 gross square feet contained in twenty-five buildings. There are 5,775 students enrolled full time and 4,592 enrolled part-time for a total enrollment of 10,367 full time equated students. The Campus is also used by Continuing Education students, Kean @ Ocean students and visitors to the Planetarium and Theater.

MISSION STATEMENT - Ocean County College is a publicly supported community college that encourages and promotes academic excellence, career advancement, lifelong learning and cultural enrichment for people within and beyond the County. The College, the first county college in New Jersey, dedicates itself to the discovery, preservation, and dissemination of knowledge, the development of student character, and the preparation of its students to thrive in a complex and challenging world.

Embracing its role as an educational leader, the College offers comprehensive instructional programs and student support services in a learning-centered environment. Facility, staff, students, alumni and community members work together as partners to advance and promote the college as the leading cultural, social and educational center of the County. The College welcomes students to this progressive, stimulating and caring environment.

of 36

3.0 FOOD SERVICES

3.1 BACKGROUND Gross Sales: Fiscal Year 2007/2008: $333,428.00 Fiscal Year 2008/2009: $361,984.00 Fiscal Year 2009/2010: $408,213.00 Number of meals: The College estimates the average number of meals served per week is as follows: Breakfast: 400 Lunch: 5500 Dinner: 1800 *The College does not guarantee a level of gross sates or a minimum or maximum number of meals to be served. 3.2 GENERAL OPERATING REQUIREMENTS 3.2.1 The contractor is responsible for all costs associated with the management, operation and cleanliness of the food service facility. The contractor shall provide all commodities and services necessary to provide food service at the food service facility. 3.2.2 The College Department of Auxiliary Services serves coffee and other beverages, as well as some food products, at several locations on campus out side the cafeteria. Auxiliary Services will determine prices for all items and keep like items to a consistent price. Auxiliary Services will solicit pricing from the food service contractor when seeking to purchase wholesale foods such as sandwiches and pastries. 3.2.3 The contractor shall provide originality and creativity in the day-to-day-food service operations. 3.2.4 The contractor shall prepare all food to the extent possible on the day it is to be served. Salads and sandwiches shall be prepared as close as possible to the time of serving. Preparation methods will follow good nutritional practices to ensure that nutrient, textural and flavor characteristics of the foods are maintained.

of 36

3.2.5 The food service facility must be open Monday through Thursday 7:30 am -8:00 pm and 7:30 a.m. -6:00 p.m. on Friday when credit classes are in session (see College Academic Calendar). When classes are not in session and during summer sessions, the minimum hours of operation will be Monday-Friday 7:30 a.m. -3:00 p.m. Hours must be adjusted to accommodate the class schedules and all changes need to be approved 30 days in advance by the Director of Auxiliary Services. The food service facility may close on official College holidays. If the contractor wishes to close the facility for vacation, it must be approved by The Department of Auxiliary Services 60 days in advance. 3.2.6 The contractor shall provide hot breakfast, lunch and evening meals with reasonably priced menu items with a variety of dine-in fresh food that includes warm meals, healthy food options, salads, fruits and desserts to students, employees and visitors. 3.2.6.1 Breakfast - The breakfast menu shall include, healthy choices from fresh fruit/juices, eggs/egg whites, cereals hot/cold with other breakfast choices, bagels, muffins, pastry, margarine and butter, two flavors of individual or bulk low-fat yogurt, and choice of beverage, milk, coffee and tea. 3.2.6.2 Lunch and Dinner - The daily lunch and dinner menus shall include one hot entrée, sandwiches (club sandwiches/hoagies, hot dogs, hamburgers, pizza, etc.), garden salads or salad bar, fresh fruit, soups, assorted bread and rolls, crackers, chips, desserts, choice of beverage, milk, fruit drinks, soft drinks, coffee and tea 3.2.6.3 Salad Bar - A salad bar is required for lunch and dinner each day. The salad bar is to include at a minimum, the following items:

• Soup (Broth or cream based, type of soup shall vary for lunch and dinner daily) • Iceberg and romaine lettuce • Assorted greens, fresh spinach • Cucumbers, tomatoes, carrots, onions, celery, mushrooms, radishes, broccoli • Pickles, pickled beets, hot peppers, olives • Cottage cheese, shredded cheese • Hard boiled eggs • Bacon bits, croutons • Salad dressings (Three regular and two non-fats), oil & vinegar • One type of starch salad (Potato, macaroni, etc.) • One type of legume salad • Two types of meat salad (Tuna, chicken, turkey, etc.)

of 36

• Beans (Garbanzo, kidney, etc.) 3.2.7 The contractor shall supply all condiments to include but not limited to ketchup, mustard, mayonnaise, butter, margarine, jelly, salt, pepper, sugar and sugar substitutes. All salad dressings must be refrigerated at the salad bar based on safe serve standards. 3.2.8 The Contractor shall provide a menu/list of items, on a monthly basis, with pricing for the approval of the Director of Auxiliary Services. All price increases based on commodity pricing must be communicated to the Director of Auxiliary Services as they occur. 3.3 RAW FOOD PURCHASING SPECIFICATIONS 3.3.1 All food and supplies purchased by the contractor shall at minimum be in compliance with Federal and State standards. The indicated grades are intended as minimum standards only; the contractor is encouraged to exceed these minimums whenever possible. The contractor must verify that the minimum grades specified are being provided upon request by the Director of Auxiliary Services.

• Beef: U.S.D.A. Grade Choice, cut to I.M.P. specifications. Ground beef patties shall be 100% beef and a maximum fat content of the finished raw patty of 18% to 22%.

• Pork: U.S.D.A. Grade No. 1 • Veal and Lamb: U.S.D.A. Grade Choice • Seafood: U.S.D.A Grade A • Poultry: U.S.D.A. Grade A • Eggs: U.S. Grade A (large size or medium) • Fresh Fruits & Vegetables: U.S.D.A. No.1 or Grade A fancy • Canned Fruits, Vegetable & juices: U.S.D.A. Grade A • Frozen Foods: U.S.D.A. Grade A Fancy • Dairy Products, Cheeses: U.S.D.A Grade A • Frankfurters/Hot Dogs: All-meat products must be used. Turkey franks may be used

as an alternate to satisfy certain health and diet requirements. 3.3.2 All other food and food products must be of comparable quality as defined above.

of 36

3.4 SANITATION 3.4.1 The contractor shall comply with all Federal and State law (and regulations) governing personnel and cleanliness of the food service facility (loading areas, kitchens and dining rooms), storage and removal of trash. 3.4.2 The contractor must comply with and satisfy all applicable sanitation and health regulations. 3.4.3 The food handlers must conform to all sanitary regulations governing food handling and preparation, including but not limited to, the wearing of hair nets and sanitary gloves. 3.4.4 All food shall be received, stored, prepared and served in accordance with applicable sanitation and health regulations. 3.4.5 Leftover foods shall be refrigerated at the degree that is specified by safe serve standards in shallow covered pans after each meal and used promptly. All leftovers, which require refrigeration, shall be dated. Production control shall be such that all leftovers may be used as an additional selection within 24 hours of their initial meal service or shall be discarded. 3.4.6 Portions of food once served to a person or persons shall not be served again. Wrapped food which is still wholesome and has not been unwrapped, may be served again. 3.5 FOOD SERVICE REQUIREMENTS 3.5.1 All food service directors must be interviewed and approved by the Director of Auxiliary Services at least fifteen (15) working days prior to assuming the position at the facility. Replacement or temporary management personnel are also subject to interview and approval by The Department of Auxiliary Services. 3.5.2 The contractor shall maintain an adequate staff of employees on duty at the food service facility for the timely preparation and the efficient, prompt service of food. 3.5.3 All meals shall be serviced on a self-bussing basis. The contractor will provide personnel to follow up self-bussing by removing refuse, wiping down tables, vacuuming or sweeping floors and providing all services to maintain the sanitary condition of the facility.

of 36

3.5.4 The contractor must provide for the cleaning of all kitchens and serving equipment, including but not limited to stoves, ovens, mixers, dishwashers, faucets and, refrigeration. 3.5.5 The contractor must ensure that all drains, including floor drains and traps, remain free flowing and clear of debris. 3.5.6 The contractor shall provide calculating machines and Point of Sale cash registers as necessary. 3.5.7 The College shall provide for the inspection, maintenance, testing and recharging of the chemical kitchen range hood fire suppression systems. The work to be performed shall be in compliance with the New Jersey Uniform Construction Code, Reference the 2000 International Mechanical Code, 2000 Plumbing Code and 1993 edition, the NFPA Standard #13, 1994 edition, and the NFP Standard #72, 1993 edition, as referenced by the New Jersey Uniform Fire Code. Compliance with the New Jersey Uniform Fire Code is subject to inspection by the New Jersey Department of Community Affairs, Division of Fire Safety and/or the Department of Treasury, Division of Property Management and Construction’s Bureau of Special Services.

3.5.8 The College shall provide for the professional cleaning of all grease all traps, ventilation hoods and drain

of 36

3.5.9 The College will furnish telephone service and a computer for the expressed use of business activities. 3.5.10 The College shall not be responsible for damage to merchandise of any non-College owned equipment in case of break-in or burglary, power failure due to hurricanes, electrical storms, faulty equipment, or other acts beyond the control of the College. 3.6 FACILITY AND EQUIPMENT 3.6.1 The contractor shall have the exclusive use, during designated hours, of the food service facility, which includes kitchen, eating area and all dining room and kitchen equipment owned by the College. The food service facility is furnished and equipped by the College “as is” and will remain in its entirety the property of the College. 3.6.2 The College and the contractor will inspect and test all equipment at the facility within 30 days of the commencement of the contract. At this time, the contractor must identify equipment that is not in working condition. During this inspection, either the College or the contractor shall identify equipment that is no longer useful. The College will have the option to either repair or replace equipment and will bear all such costs. The contractor will verify through execution of an acceptance agreement the proper working condition of all equipment at the facility. 3.6.3 The contractor agrees to conserve utilities and treat the facility and all equipment with prudent care. The Contractor must submit work orders, under the approved college process, to the Director of Auxiliary Services. 3.6.4 The contractor shall be responsible for all janitorial supplies, chemicals, equipment, and cleaning services required ensuring the cleanliness of the areas under its control and occupancy, including but not limited to, equipment, kitchen tile, floors, and walls. 3.6.5 The contractor shall remove daily all trash, garbage, and debris generated through food service facility operations and utilize the College’s trash removal and recycling services. The contractor must comply with all recycling requirements of the State of New Jersey and Ocean County. The contractor is encouraged to use biodegradable and environmentally friendly products wherever possible. Foam products which are produced using chlorofluorocarbons (CFC’s) are forbidden. Foam products manufactured without the use of CFC’s are acceptable.

of 36

3.6.6 The contractor must supply leak proof, enclosed carts or containers to transport garbage/trash from the food service facility. The contractor is responsible to clean all spills or leaks that are caused on the way to or from disposal area. 3.6.7 Painting and structural repairs to the food service facility covered by this RFP are the responsibility of the College. 3.7 CONTRACTOR PERSONNEL 3.7.1 Under no circumstances can the contractor’s employees or the employees of any subcontractor represent themselves as College employees. 3.7.2 The contractor shall provide identification badges to each employee. The badge shall be displayed on the outside of the uniform when the employee is at the College. The badge shall display the employee’s full name and contractor’s name. 3.7.3 The contractor is responsible for the conduct of its employees on College premises. The contractor, its employees, its subcontractors and its subcontractors’ employees are to observe and obey all security procedures in effect at the College. If there is a need for intervention by the College security force due to the behavior, security breaches, or general misconduct of a contractor employee, subcontractor, or subcontractor employee, the contractor shall immediately remove the offender from the premises and replace the offender on a permanent basis.

3.8 RECORD KEEPING 3.8.1 The contractor shall be responsible for the collection, security, and accounting of all receipts from food service operations covered by this RFP 3.8.2 The contractor is required to develop a system under which cash registers are read at the beginning and end of each day. The daily reconciliation shall include, but is not limited to; breakfast, lunch, dinner. 3.8.1 The contractor shall file a monthly Gross Receipt Reports with the College Director of Auxiliary Services on or before the tenth day of each month covering gross receipts for the preceding month. The monthly report shall include all cash food service sales covered by this RFP and must include the date, customer count, sales (dollars), and is to be broken down by meals (breakfast, lunch, dinner). In addition, a check in the amount of the percentage of gross receipts bid by contractor for food services, payable to “Ocean County College,” shall be submitted to the College’s Director of Auxiliary Services with the Gross Receipts Report.

of 36

3.9 OTHER USE OF FACILITY The College may use the facility for events unrelated to food service at the discretion of The Director of Auxiliary Services. Appropriate set-up and clean-up shall be the responsibility of the College. 3.10 EVALUATION OF SERVICE The contractor shall meet, according to a schedule on a regular basis that is mutually agreed by both parties, by the College Contract Manager to discuss food services, including types of food sanitation, maintenance of property, and cooperate at all times to maintain maximum efficiency and good public relations in the operation of services. 4.0 Snack and Beverage Vending Machine Services 4.1 Vending Sales: Fiscal 2007/2008: $97,000.00 Fiscal 2008/2209: $60,300.00 Fiscal 2009/2010: $52,400.00 The awarded vendor will provide snack and beverage vending machines on the Ocean County College Campus and at one satellite location as follows: Snack Vending Machine Beverage Vending Machine Athletic Building 3 Facilities Building 1 1 Fine Arts 1 Instructional Building 3 4 Library 2 3

of 36

Science Building 2 College Center 1 TV Studio 1 Administration Building 1 1 Southern Educational Building* 2 snack machines with 2 one refrigerated machine for food *Satellite location. Sales Information: 4.2 REQUIREMENTS Vending machines shall contain approved pre-packaged foodstuffs or approved bottled beverages. Any and all items containing alcohol or tobacco are prohibited. Items stocked are subject to the approval of The Director of Auxiliary Services. The awarded vendor is required to abide by all local State and federal laws, ordinances, rules, and regulations, including, but not limited to, those relating to health and sanitation of foods, and operation and maintenance of vending machines. Vending machines must be located inside campus building. Movement of vending machines from their present locations and the addition of vending machines during the contract term can only be done with the written approval of the Director of Auxiliary Services. Pricing of snacks and beverages shall remain fixed for the first year of the contract. The awarded vendor may request the Director of Auxiliary Services’ written approval of a price increase in each of the two extension years of the contract. Any such request must be based on documented increases in cost to the awarded vendor. Vending machines provided must be ENERGY STAR qualified units. Each vending machine must have the capability to handle the following items/functions:

(a) Dispense a variety of items, not limited to a single type item or brand of items;

of 36

(b) Be properly equipped with a non-resettable counter for recording all sales by each machine;

(c) Receive and give coin change for one dollar bills, minimum. (d) Provide information to the customer where malfunctions, product quality

comments and refund requests may be made. This may be accomplished using a local or toll free number.

Upon completion of installations, the awarded vendor shall provide a list of all of its equipment and locations to The Department of Auxiliary Services, certifying that each machine is in proper working order in accordance with the original equipment manufacturer specifications, including all electrical and stability requirements etc., as are appropriate to the unit. 4.3 Title Title ownership of each vending machine shall be retained by the awarded bidder, who shall be responsible for the equipment at all times and in all respects. The College shall neither own nor rent or lease the machines in conjunction with this contract. All machines must be clearly tagged with the awarded vendor’s name and contact information. The awarded bidder shall bear all costs to deliver, install, maintain, repair and remove all vending machines placed under the contract, including replacement machines. 4.4 Utility Costs The College will pay utility costs incurred to operate the vending machines. The awarded bidder will bear all other costs in connection with machine operation and related activities. The College shall not be liable for any loss which may result from the interruption or failure of the power supply to any vending machine. 4.5 Maintenance

(1) The selected vendor shall maintain all vending machines in good working order through the term of the contract, as may be extended;

(2) The College shall have no liability to the awarded vendor for maintenance of the vending machines or any damage to the vending machines by a third party. The awarded vendor is precluded from making any claim against the College, or seeking any recovery from the College for any loss or damage to the vending machines.

of 36

(3) The selected vendor MUST be available to service the vending machines promptly after notice of a problem. Procedures and response times with regard to service must be included in the proposal.

4.6 Removal

(1) Vending machines must be removed within five business days of notice in the event of the completion, termination or cancellation of the contract, nonpayment of commissions to the College, and machine malfunctions not corrected within two days of notification.

(2) The College reserves the right to require the awarded vendor to replace or remove any vending machine which may be unacceptable or unsafe and reserves the right to immediately remove any such machine at its discretion.

(3) In the event the College removes a vending machine(s), either because the awarded vendor has not removed the vending machine(s) within the required timeframes or because of an unacceptable or unsafe condition, no officers and/or employees of the College shall be liable for damages to said machine(s) or the contents thereof.

4.6 Gross Receipts Report The awarded vendor is required to maintain a separate record for each vending machine. The awarded vendor shall make and present gross receipts reports each month to the College’s Director of Auxiliary Services on or before the tenth day of each month covering gross receipts for the preceding month. In addition, a check in the amount of the percentage of gross receipts bid by the awarded vendor, payable to “Ocean County College,” shall be submitted with the gross receipts report. 5.0 BID PROPOSAL REQUIREMENTS The bid proposal shall be made with typewriter or pen and ink on the forms provided. A bid proposal showing any erasure alteration must be initialed by the bidder in ink. Failure to sign and give all information in the bid proposal may result in the bid proposal being rejected.

of 36

REFERENCE NUMBER: Refer to "RFQ REFERENCE NUMBER" AND "ITEM NO." in all correspondence and telephone inquiries. One (1) original and four (4) copies of the bid proposal, PROVIDING ALL INFORMATION requested in the RFP must be provided to the Ocean County College, 2001 College Drive, and Toms River, New Jersey 08754-2001. Attention: Tonnie Swindle, Buyer in the Administration Building, Suite 12. The deadline for receipt of bid proposals in response to this RFP is: May 13, 2011 @ 2:00 p.m.

Any bid proposal received after said deadline, whether by mail or otherwise, will be returned unopened. Bid proposals should be submitted in a sealed envelope with the title of the RFP clearly marked on the outside. The College assumes no responsibility for delays in any form of carrier, mail, or delivery service causing the bid proposal to be received after the above-referenced due date and time. Submission of a bid proposal by fax is NOT PERMITTED. The College will not be responsible for any bid proposal not delivered directly to the Purchasing Office regardless of the method of delivery. In the event that the College is closed due to inclement weather or emergency shutdown on the date and time set for receipt of bid proposals, all firms provided a copy of the RFP will be notified by e-mail of the rescheduled deadline. The College is not responsible for any expenses incurred by a bidder in preparing and submitting a bid proposal in response to this RFP. Bid proposals submitted in response to this RFP shall be valid for a minimum of 60 days from the day of opening. The College reserves the right to reject any and all bid proposals received in response to this RFP, or to negotiate in any manner necessary to serve the best interests of the College.

Bidders whose bid proposals are not accepted will be notified in writing. Bid proposals may be withdrawn prior to, but not after, the time fixed for the opening of bid proposals in the RFP. Any firm exercising the privilege of withdrawing its bid proposal prior to opening waives all claims relating to the bid proposal and this RFP. Bid proposals received after the time set for the public opening will be returned unopened.

of 36

The contents of this RFP, including all RFP addendum issued , and RFP Exhibits A, B, and C, and the bid proposal submitted by the awarded firm shall form the contract for Snack and Beverage Vending Machine Services. BID PROPOSAL FORMAT Bid proposals are to consist of four Sections: Section A, Section B, Section C and Section D: Section A: The bidder must provide comprehensive and detailed responses to the following requests for information relating to the bidders experience and plans to successfully provide both food services and catering services to the College:

• Describe in detail the experience and ability of your firm to satisfactorily provide the food services and catering specified.

• Provide the name, experience, and qualifications of the individual who will have primary responsibility for providing the food services and catering services specified.

• Provide the names, experience, and qualifications of all other individuals who will be assigned to the contract. Describe in detail their individual responsibilities.

• Provide a listing of clients with which your firm has held similar contracts; include the name, address and telephone number of a contact person.

• Provide a statement of assurance to effect that your firm is not currently in violation of any regulatory rules and regulations that may have an impact on your firm’s operations.

• Provide all proposed menus and prices for all food services items, see Section 3.0.

• Provide proposed menus and prices for all catering items, see Section 4.0. *Pricing must be provided for all menu items proposed. Prices shall be in effect for the first year of the contract. A price increase may be requested prior to the start of each extension year. The contractor must demonstrate to the satisfaction of the Director of Auxiliary Services that any price increase requested directly reflects to an increase in the contractor’s costs. Section B:

of 36

Exhibit A, Standard Contract Terms and Conditions must be signed by an authorized individual or principal of the bidder and included with the bid proposal.

Section C: Exhibit B., Forms. The following forms in Exhibit B must be completed and submitted with the bid proposal. Failure to complete, sign and include either form with the bid proposal will automatically disqualify the bid proposal:

• Ownership Disclosure Certification • Non-Collusion Affidavit

While not required to be submitted with the bid proposal, submission of the following documents to the College is a condition precedent to finalization of a contract with the selected bidder: the selected bidder’s New Jersey Business Registration Certificate, Affirmative Action Form and documentation, Vendor Information Form and insurance certificates (see Standard Contract Terms and Conditions, Exhibit A). Section D: Exhibit C, Fee Schedule, Percentage of Monthly Gross Sales, must be completed in its entirety and signed in ink by an authorized individual or principal of the firm. Such signature shall evidence the firm’s commitment to the pricing proposed on Exhibit C and the firm’s acceptance of all of the contractual requirements set forth in this RFP and all RFP addendum issued. EVALUATION CRITERIA: The contract award shall be determined on the basis of price and other factors. In addition to pricing proposed for menu items for both food services, vending and catering the percentage of monthly gross receipts proposed for both food services, vending and catering services, the following evaluation criteria shall be used to evaluate bid proposals received in response to this RFP.

A) The bidder's approach and plans to perform the services required by the RFP; B) The bidder’s documented experience in successfully completing contracts of a

similar size scope to the work required by this RFP; C) The menus proposed for food services; and D) The menus proposed for vending services.

of 36

EXHIBIT A

OCEAN COUNTY COLLEGE STANDARD CONTRACT TERMS AND CONDITIONS

(Must be signed and submitted with the bid proposal)

I. The contractor certifies that it understands and agrees that the following terms and conditions (collectively the "College’s Standard Terms and Conditions") are incorporated into any contract awarded by the College.

II. In the event the terms and conditions within the contractor’s proposal conflict with the College’s Standard Terms and Conditions, the College’s Standard Terms and Conditions will govern. III. The contractor’s status pursuant to the contract shall be that of an independent contractor and not an employee of the College. IV. The contractor shall not start any work under the contract prior to receipt of a College purchase order from the College’s Purchasing Department. 1. LAWS REQUIRING MANDATORY COMPLIANCE BY ALL COLLEGE CONTRACTORS

1.1 BUSINESS REGISTRATION (Contracts $4,800 and greater) a. All New Jersey and out of State Corporations must obtain a New Jersey Business Registration Certificate (BRC) from the Department of the Treasury, Division of Revenue prior to conducting business in the State of New Jersey. The contractor must provide proof of a valid and current business registration with the Division of Revenue to the College’s Purchasing Department before starting work under the contract. Any questions in this regard can be directed to the Division of Revenue at (609) 292-1730. Form NJ-REG. can be filed online at www.state.nj.us/njbgs/services/html. b. All sub-contractors of the contractor must provide the contractor with a copy of a current and valid Business Registration Certificate. The contractor must forward the Business Registration Certificates of all subcontractors to the College’s

of 36

Purchasing Department prior to any subcontractor starting work under the contract.

1.2 ANTI-DISCRIMINATION – The contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including those contained within N.J.S.A. 10:2-1 through N.J.S.A. 10:2-4, N.J.S.A.10:5-1 et seq. and N.J.S.A.10:5-31 through 10:5-38, and all rules and regulations issued there under. 1.3 PREVAILING WAGE ACT - The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.26 et seq. is hereby made part of every contract entered into by the College, except those contracts which are not within the scope of the Act. The contractor's acceptance of the College’s Standard Terms and Conditions is his guarantee that neither he nor any subcontractor he might employ to perform the work has been suspended or debarred by the Commissioner, Department of Labor for violation of the provisions of the Prevailing Wage Act. 1.4 AMERICANS WITH DISABILITIES ACT - The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L. 101-336, in accordance with 42 U.S.C. 12101 et seq. 1.4 1.5 THE WORKER AND COMMUNITY RIGHT TO KNOW ACT - The provisions of N.J.S.A. 34:5A-1 et seq., which requires the labeling of all containers of hazardous substances, is applicable to the contract. Therefore, all goods offered for purchase to the College must be labeled by the contractor in compliance with the provisions of the Act. 1.6 OWNERSHIP DISCLOSURE – No contract can be issued by the College unless the contractor has completed an Ownership Disclosure Form, disclosing the names and addresses of all its owners holding 10% or more of the corporation or partnership's stock or interest. Refer to N.J.S.A. 52:25-24.2. 1.7 COMPLIANCE - LAWS - The contractor must comply with all local, State and federal laws, rules and regulations applicable to the contract and to the goods delivered and/or services performed under the contract.

2. LIABILITIES

2.1 LIABILITY - COPYRIGHT - The contractor shall hold and save the College and the College’s officers, agents, servants and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of his contract. 2.2 INDEMNIFICATION - The contractor shall assume all risk of and responsibility for, and agrees to defend, indemnify and hold harmless the College, including the College’s trustees, officers, employees and agents from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses (including reasonable attorney’s fees) in connection therewith on account of the loss of life,

of 36

property, or injury or damage to the person, body or property, of any person or persons whatsoever, which shall arise from or result directly or indirectly from the services provided under this contract. This indemnification obligation is not limited by, but is in addition to the insurance obligations contained in this agreement. 2.3 INSURANCE - The contractor shall secure and maintain in force for the term of the contract liability insurance as provided herein. Upon request, the contractor shall provide the College’s Purchasing Department with current certificates of insurance for all coverages and renewals thereof, naming the College as an Additional Insured and shall contain the provision that the insurance provided in the certificate shall not be cancelled for any reason except after thirty days written notice to the College’s Purchasing Department. The insurance to be provided by the contractor shall be as follows: a. Comprehensive General Liability Insurance or its equivalent: The minimum limit

of liability shall be $1,000,000 per occurrence as a combined single limit for bodily injury and property damage. The above required Comprehensive General Liability Insurance policy or its equivalent shall name the College, its officers and employees as Additional Insureds. The coverage to be provided under these policies shall be at least as broad as that provided by the standard basic, unamended, and unendorsed Comprehensive General Liability Insurance occurrence coverage forms or its equivalent currently in use in the State of New Jersey, which shall not be circumscribed by any endorsement limiting the breadth of coverage.

b. Automobile liability insurance which shall be written to cover any automobile used by the insured. Limits of liability for bodily injury and property damage shall not be less than $1 million per occurrence as a combined single limit.

c. Worker’s Compensation Insurance applicable to the laws of the State of New Jersey and Employers Liability Insurance with limits not less than: $1,000,000 BODILY INJURY, EACH OCCURRENCE $1,000,000 DISEASE EACH EMPLOYEE $1,000,000 DISEASE AGGREGATE LIMIT

3. CONTRACT TERMINATION

a. Change of Circumstance: Notwithstanding any provision or language in this contract to the contrary, where the needs of the College significantly change, or the contract is otherwise deemed no longer to be in the College’s interest, the College may terminate the contract upon 30 days written notice to the contractor.

of 36

b. For cause: 1. Where the contractor fails to perform or comply with a contract, the College may terminate the contract upon 10 days notice to the contractor with an opportunity to respond. 2. Where a contractor continues to perform a contract poorly as demonstrated by documented late delivery, poor performance of service, short-shipping etc., the College may terminate the contract upon 10 days notice to the contractor.

In the event of contract termination under a. above i.e. Change of Circumstance, the contractor will be compensated by the College for goods and/or services satisfactorily performed and accepted in accordance with the contract, up to the date of termination. In the event of termination of the contract under b. above, i.e. For Cause, the College may acquire the goods and/or services which are the subject of the terminated contract from another source. If the price paid is greater than the contract price, the College may deduct the difference in price from any monies due the terminated contractor or, if no monies are due the terminated contractor, the difference in price shall be an obligation owed the College by the terminated contractor.

4. SUBCONTRACTING OR ASSIGNMENT

The contract may not be subcontracted or assigned by the contractor, in whole or in part, without the prior written consent of the College. Such consent, if granted, shall not relieve the contractor of any of his responsibilities under the contract. Nothing contained in the specifications shall be construed as creating a contractual relationship between any subcontractor and the College.

5. PERFORMANCE GUARANTEE

The contractor certifies that: a. The equipment offered is standard new equipment, and is the manufacturer's latest model in production, with parts regularly used for the type of equipment offered; that such parts are all in production and not likely to be discontinued; and that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. b. All equipment supplied to the College that is operated by electrical current is UL listed where applicable. c. All new machines are to be guaranteed as fully operational for the period stated in the contractor’s proposal from time of written acceptance by the College. The contractor will render prompt service without charge, regardless of geographic location. d. During the warranty period, the contractor shall replace immediately any material which is rejected for failure to meet the requirements of the contract.

of 36

e. All services rendered to the College shall be performed in strict and full accordance with the specifications stated in the contract.

6. DELIVERY GUARANTEE All items contracted for are F.O.B. Destination. Regardless of the method of quoting shipments, the contractor shall assume all costs, liability and responsibility for the delivery of merchandise in good condition to the College. The College reserves the right to deduct from the Contractor’s invoice all charges incurred by the College in the event any items are shipped and delivered on a “Collect” basis via common carrier in lieu of the specified F.O.B. Destination. The contractor is responsible for the delivery of material in first class condition to the College in accordance with good commercial practice. The contractor shall only ship those items and quantities that are covered by contract. If a review of material received indicates that material other than that covered by the contract has been ordered and delivered, the College will take such steps as are necessary to have the material returned, regardless of the time lapsed between delivery and discovery of the violation. Compliance with this requirement is the full responsibility of the contractor. In the event delivery of goods or services is not made within the number of days contracted, the College’s Purchasing Department may authorize the purchase of the goods and services from any available source. If the price paid is greater than the contract price, the College may deduct the difference in price from any monies due the defaulting contractor or, if no monies are due the defaulting contractor, the difference in price shall be an obligation owed the College by the defaulting contractor. 7. MAINTENANCE OF RECORDS The contractor shall maintain records for products and/or services delivered against the contract for a period of three (3) years from the date of final payment. Such records shall be made available to the College upon request for purposes of conducting an audit or for ascertaining information regarding dollar volume or number of transactions. 8. PRICE FLUCTUATION DURING CONTRACT In the event of a contractor's price decrease during the contract period, the College shall receive the full benefit of such price reduction on any undelivered purchase order and on any subsequent order placed during the contract period. 9. TAX CHARGES

of 36

The College is exempt from State sales or use taxes and Federal excise taxes. Prices charged must not include such taxes. 10. PAYMENT TO CONTRACTOR Payment for goods and/or services purchased by the College will be made to the contractor within 30 days of the later of an acceptable invoice from the contractor or the College’s acceptance of the contracted products and/or services. 11. NOTICES: All notices required under this contract shall be in writing and shall be validly and sufficiently served by the College upon the contractor if addressed and mailed by certified mail to the address set forth in the contractor’s proposal. Notices from the contractor to the College shall be addressed and mailed by certified mail to the attention of the Manager, Purchasing Department, Ocean County College, Administration Building, Suite 12, College Drive, Toms River, New Jersey, 08754-2001. 12. APPLICABLE LAW: The contract and all litigation arising from or related to the contract shall be governed by the applicable laws, regulations and rules of evidence of the State of New Jersey without reference to conflict of laws principles.

of 36

EXHIBIT C FEE SCHEDULE (INFORMATION ONLY - FROM PREVIOUS YEAR) Percentage of Monthly Gross Receipts for Food Services: __5________% Percentage of Monthly Gross Receipts for Catering Services: _______9___% Snack coffee, food machine vending sales: ___15_________% Beverage Service: Fountain Service: _____25_____ % Bottles-in cases for vending machine and cafeteria: _______25_____ % Non-Carbonated: _______25______% Note: Gross Receipts Report The contractor is required to submit a separate monthly gross receipts report for Food Services and a separate monthly gross receipts report for Catering Services. The contractor shall make and present each gross receipt report to the College’s Vice President for Finance on or before the tenth day of the month for the preceding month. A sworn statement certifying that the amount of the gross receipts for the preceding month is true and correct shall accompany each gross receipt report. In addition, a check in the amount of the percentage of gross receipts bid by the contractor, payable to “Ocean County College,” shall be submitted to the College’s Vice President of Finance with each gross receipts report.

of 36

Proposal Form PROPOSAL DUE: MAY 13, 2011 The Board of Trustees of Ocean County College Toms River, New Jersey, 08754-2001 We propose to furnish and delivered all materials, and labor necessary to provide ”Food Services and Vending Service” in accordance with specifications and requirements as outlined. The successful Vendor shall agree that this contract award shall be predicated on the following terms and conditions. By signing this proposal, vendor acknowledges that they have read and agree with Exhibit A (referencing Law # P.L. 1975, C. 127 (N.J.A.C. 17:27) One (1) Year Contract with one permitted one year extension. Contract Period: July 01, 2011 thru June 30, 2012 Ocean County College will have the option of canceling at no cost to Ocean County College any and all proposed issues based on the availability of funding. Amounts shall be shown in both words and figures. In case of discrepancy, the amount in words shall govern. All prices F.O.B. delivered.

of 36

PROPOSAL CONTINUED ITEM # 1: VENDOR TO PROVIDE TOTAL COMMISSION STRUCTURE TO THE COLLEGE 1ST YEAR CONTRACT: 1A: Food Services: ________________________________________ % 1B: Catering Services: ____________________________________ % 1C: Snack coffee, food machine vending sales: ________________ % Beverage Service: 2A: Fountain Services: ____________________________________ % 2B: Bottles-In cases for vending machine and cafeteria: ________ % 2C: Non-Carbonated: _____________________________________ %

of 36

ITEM # 2: VENDOR TO PROVIDE TOTAL COMMISSION STRUCTURE TO THE COLLEGE 2nd YEAR CONTRACT: 1A: Food Services: ________________________________________ % 1B: Catering Services:_____________________________________ % 1C: Snack coffee, food machine vending sales: ________________ % Beverage Service: 2A: Fountain Services: ____________________________________ % 2B: Bottles-In cases for vending machine and cafeteria: _________ % 2C: Non-Carbonated: ______________________________________ % PROPOSAL (CONTINUED)

of 36

Acknowledge receipt of all addenda by signature: Addendum No. 1: _______________________________________________________________ Addendum No. 2: ________________________________________________________________ Addendum No. 3: ________________________________________________________________ Addendum No. 4: ________________________________________________________________ Addendum No. 5: ________________________________________________________________ AddendumNo.6:__________________________________________________ Respectfully submitted, CORPORATE SEAL Vendor: ___________________________________ (If Bid is by a Corporation) By: ____________________________________ (Print name) (Signature) Attested To: _____________________________ (Corporate Secretary) Address: ________________________________ ________________________________________ ________________________________________ Telephone No.____________________________ Fax No.__________________________________

of 36

REMINDER SUPPLIER CHECKLIST A NUMBER OF ITEMS ARE REQUIRED TO BE SUBMITTED WITH YOUR PROPOSAL. THEY INCLUDE: COMPLETION OF PROPOSAL FORM COMPLETION OF NON- COLLUSION AFFIDAVIT COMPLETION OF STOCKHOLDERS DISCLOSURE FORM BUSINESS REGISTRATION CERTIFICATE

of 36

AFFIRMATIVE ACTION REQUIREMENTS FOR PROCUREMENT, PROFESSIONAL OR SERVICE CONTRACTING

Contractors/Vendors must submit one of the following within seven (7) days of award of contract: _______ 1. If the Contractor/Vendor has a Federal Affirmative Action

Plan Approval which consists of a valid letter from the Office of Federal Contract Compliance Programs. A photo copy of the letter of approval is to be submitted to the public agency.

_______ 2. If the Contractor/Vendor has a Certificate of Employee

Information Report. A photo copy of the Certificate is to be submitted to the public agency. The number is:_____________________.

_______ 3. If Contractor/Vendor has none of the above, the public

agency is required to provide the Contractor/Vendor with an A.A.302 Affirmative Action Employee Information Report.

NOTE: The Federal Affirmative Action Plan Approval or the Certificate of

Affirmative Action Employee Information Report may be requested prior to the signing of the contract.

of 36

EXHIBIT A N.J.S.A. 10:5-31 and N.J.A.C. 17:27

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE Goods, Professional Services and General Service Contracts

(Mandatory Affirmative Action Language) During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting for the provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

of 36

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. 17:27-5..2 or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Division of Contract Compliance and EEO as may be requested by the Division from time to time in order to carry our the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative code at N.J.A.C. 17:27.

of 36

NON-COLLUSION STATEMENT

DATE:_____________________________

Ocean County College College Drive P.O. Box 2001 Toms River, NJ 08754-2001 Gentlemen: This is to certify that the undersigned bidder,_________________________, has not, either directly or

indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in

restraint of free competitive bidding in connection with proposal submitted to the Ocean County College

on the ____________ day of ________________ 20______.

Signature of Bidder_______________________________________

Corporate Seal

Attest:___________________________________________ Secretary Sworn to and subscribed before this _________________________ day of ________________________ 20_______. My Commission expires __________________________________.

__________________________________ Notary Public

THIS STATEMENT MUST BE COMPLETED AND SIGNED IN ORDER FOR THE BID TO BE CONSIDERED.

E-1

of 36

NOTICE TO CONTRACTORS

NON-COLLUSION STATEMENT

The Ocean County College requires as a condition precedent to acceptance of bids,

a sworn statement executed by, or on behalf, of the person, firm, association or

corporation to whom such contract is to be awarded certifying that such person, firm,

association or corporation has not, either directly or indirectly, entered into any

agreement, participated in any collusion, or otherwise taken any action in restraint of free

competitive bidding in connection with such contract. The form for this sworn statement

is included in the proposal and must be properly executed in order to have the bid

considered.

of 36

OCEAN COUNTY COLLEGE DISCLOSURE STATEMENT FOR BIDDING PURPOSES

REFERENCE: New Jersey Laws of 1977 – Chapter 33

DIRECTIONS: Disclosure Statement of stockholders/partnerships must be included with

the bid proposal.

I. There are no stockholders in the corporation who own 10% or more of its stock, of any class, nor are there any individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If this is not an accurate statement of ownership relative to the bidding company identified below, you must complete section II. Section III must be completed if it also applies.

II. Names and addresses of all stockholders in the corporation or partnership who own 10% or

more of its stock, of any class, or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be.

NAMES ADDRESSES

___________________________ __________________________________ ___________________________ __________________________________ ___________________________ __________________________________ ___________________________ __________________________________

III. If one or more such stockholder or partner is itself a corporation or partnership, the

stockholders holding 10% or more of that corporation’s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be.

NAMES ADDRESSES

___________________________ __________________________________ ___________________________ __________________________________ ___________________________ __________________________________ ___________________________ __________________________________

Bidder:_____________________________ By:________________________________ Title:_______________________________

PLEASE USE REVERSE SIDE OF SHEET FOR ADDITIONAL LISTINGS OR ATTACH

SUPPLEMENTAL PAGES CLEARLY LABELED AND NUMBERED.

STATE OF NEW JERSEY – LAWS OF 1977 – CHAPTER 33

of 36

(Disclosure Statement)

No corporation or partnership shall be awarded any contract, nor shall any agreement

be entered into for the performance of any work or the furnishing of any materials or

supplies, the cost of which is to be paid with or out of public funds, by the State, or

agency of the State, or of any county, municipality or school district, or any authority,

board of commission which exercises governmental functions, unless prior to the

receipt of the bid, or accompanying the bid, of said corporation or partnership, there is

submitted a statement setting forth the names and addresses of all stockholders in the

corporation or partnership who own 10% or more of that corporation’s stock, or the

individual partners owning 10% or greater interest in that partnership, as the case may

be, shall also be listed. The disclosure shall be continued until names and addresses of

every non-corporate stockholder and individual partner, exceeding the 10% ownership

criteria established in this act, has been listed.

of 36

The Affirmative Action Employee Information Report (A.A.302) is only to be provided to the Contractor/Vendor that will be awarded the contract. The Public Agency may require the Contractor/Vendor that is to be awarded the contract to submit their Affirmative Action Employee Information Report (marked Public Agency) at the time the signed contract is returned to the Agency. The appropriate Affirmative Action document should be submitted by the seventh day after the notification of intent to award a contract or the signing of the contract.

If the Contractor/Vendor does not submit the Affirmative Action document within the required time period, the Public Agency may extend the time period to the fourteenth calendar day. If by the fourteenth calendar day the Contractor/Vendor does not submit the Affirmative Action document, the Public Agency must declare the Contractor/Vendor as being non-responsive and award the contract to the next lowest bidder. OCEAN COUNTY COLLEGE 2/92 6/05

request for proposal - ocean county collegepurchasing.ocean.edu/dmdocuments/rfp for food services...

Documents