TENNESSEE TECH UNIVERSITY

REQUEST FOR PROPOSAL

BEVERAGE EXCLUSIVITY

Proposal Due Date/Time

March 31, 2020

3:00 p.m. Central Time

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TABLE OF CONTENTS

SECTION

1 INTRODUCTION

2 RFP SCHEDULE OF EVENTS

3 PROPOSAL REQUIREMENTS

4 GENERAL REQUIREMENTS & CONTRACTING INFORMATION

5 PROPOSAL EVALUATION & CONTRACT AWARD

RFP ATTACHMENTS:

6.1 Contractor Requirements Form

6.2 Pro Forma Contract

6.3 Proposal Transmittal/Statement of Certifications & Assurances

6.4 Project Narrative & Description

6.5 Technical Proposal & Evaluation Guide

Section A – Mandatory Requirements

Section B – Qualifications and Experience

Section C – Technical Approach

6.6 Revenue Proposal & Scoring Guide

6.7 Score Summary Matrix

6.8 Proposer Checklist for Prevention of Common RFP Mistakes that

Lead to Proposal Rejection

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1 INTRODUCTION

1.1 Background

Tennessee Tech University is a four-year comprehensive university located in Cookeville, Tennessee, and is the state’s only technological university, currently enrolling more than 10,000 students. The University offers more than 200 academic programs through its various academic divisions – the College of Agriculture and Human Ecology, College of Arts and Sciences, College of Business, College of Education, College of Engineering, College of Fine Arts, College of Graduate Studies, the College of Interdisciplinary Studies, and the Whitson-Hester School of Nursing Tennessee Tech also offers the PhD in education, engineering, and environmental science and maintains seven research centers, including three Centers of Excellence, (the Center for Energy Systems Research; the Center for Manufacturing Research; and the Center for the Management, Utilization and Protection of Water Resources). The Appalachian Center for Craft, a University satellite campus and an academic program offered through the College of Fine Arts, is a nationally accredited School of Art, Craft and Design, offering a Bachelor of Fine Arts degree with concentrations in clay, fibers, glass, metals and woods. Tennessee Tech has consistently achieved high rankings for academic excellence and affordability.

Athletics is the front porch to the University and serves as a rallying point as well as a public relations outlet for University activities by striving to bring positive recognition to Tennessee Tech through a program built on excellence, integrity and enthusiasm. Athletics aims to provide the same experience and exposure for its corporate partners. Athletics brings about 250,000 spectators to campus each year during various events hosted in its facilities. For the past 11 years, Tucker Stadium has been home to the TSSAA high school football championships bringing more than 40,000 spectators to campus annually from all across the state. The TTU women’s basketball team led the Ohio Valley Conference (OVC) in attendance for the 2018-19 season bringing over 27,000 fans to the Hooper Eblen Center. In 2018, the TTU baseball team traveled to Texas to compete in the NCAA Super Regionals and provided a national spotlight for the University, Athletics and its sponsors. Through the OVC partnership with ESPN+, all home football, men’s and women’s basketball, and volleyball events are broadcast with an additional 30+ broadcasts covering soccer, baseball and softball events providing brand awareness to sponsors worldwide. During the past year, the TTUsports.com website received 412,229 unique users totaling 1,850,473 page views on the site. Tech Athletics was extremely active on social media outlets, Twitter and Facebook, and remained one of the most followed athletics programs in the OVC on Twitter, with nearly 15,000 followers. Athletics strives to be a loyal partner and aims to provide long-term brand affinity for its sponsors and their products.

1.2 Statement of Purpose, Scope of Services

Tennessee Tech has issued this Request for Proposal (RFP) to define Tennessee Tech's minimum service requirements; solicit proposals; detail proposal requirements; and, outline Tennessee Tech’s process for evaluating proposals and selecting a contractor to provide the requested goods and/or goods and/or services.

Through this RFP, Tennessee Tech seeks to procure necessary goods and/or services at the most favorable, competitive prices and to give ALL qualified businesses, including those that are small, minority, women, and service-disabled veteran owned, the opportunity to do business with Tennessee Tech. Proposers must complete the Contractor Requirements Form (See Attachment 6.1 for form and classification definitions). In addition, all small, minority, women and service-disabled veteran owned businesses are strongly encouraged to register with the Governor’s Office of Diversity Business Enterprise (Go-DBE) to attain official certification. Tennessee Tech shall work with the successful Proposer and the Go-DBE Office regarding registration/certification.

Tennessee Tech is seeking proposals for a single Contractor to provide Beverages (vending, pour rights and concessions) at University facilities on an exclusive basis.

See Attachments 6.4 and 6.5 for additional information and requirements.

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1.3 Scope of Service, Contract Period, and Required Terms and Conditions

The RFP Attachment 6.2, Pro Forma Contract details Tennessee Tech’s required:

Scope of Services in Section A; Contract Term in Section B; Financial Terms and Conditions in Section C; Standard Terms and Conditions in Section D; Special Terms and Conditions in Section E and, Responsibilities of Parties in Section F.

The Pro Forma Contract substantially represents the contract document that the successful Proposer selected by Tennessee Tech MUST agree to and sign. A Proposal that limits or changes any of the terms or conditions contained in the Pro Forma Contract may be considered non-responsive.

1.4 Nondiscrimination

No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by federal or Tennessee constitutional or state laws shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract. The Contractor shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notice of nondiscrimination.

Tennessee Tech has designated the following to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and applicable federal regulations.

Greg Holt Compliance Officer gholt@tntech.edu Phone: 931-372-6062

1.5 Assistance to Proposers with a Disability

A Proposer with a handicap or disability may receive accommodation relating to the communication of this RFP and participation in this RFP process. A Proposer may contact the RFP Coordinator to request reasonable accommodation no later than the Disability Accommodation Request Deadline in the RFP Section 2, Schedule of Events.

1.6 RFP Communications

1.6.1 Unauthorized contact regarding this RFP with employees or officials of Tennessee Tech other than the RFP Coordinator named below may result in disqualification from this procurement process.

1.6.1.1 Interested parties must direct all communications regarding this RFP to the following RFP Coordinator, who is Tennessee Tech’s only official point of contact for this RFP.

Judy Hull, Director of Purchasing & Contracts Tennessee Tech University Derryberry Hall, Suite 301 1 William L. Jones Drive Campus Box 5144 Cookeville, TN 38505 Phone: 931-372-3452 Email: JMHull@tntech.edu

1.6.2 Tennessee Tech has assigned the following RFP identification number that must be referenced in all communications regarding the RFP:

RFP – BEVERAGE EXCLUSIVITY

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1.6.3 Any oral communication shall be considered unofficial and non-binding with regard to this RFP. Only Tennessee Tech’s official, responses and communications, as defined in Section 1.6.7 below, shall be considered binding with regard to this RFP. Tennessee Tech’s official responses and other official communications pursuant to this RFP shall constitute an amendment of this RFP.

1.6.4 Each Proposer shall assume the risk of the method of dispatching any communication or proposal to

Tennessee Tech. Tennessee Tech assumes no responsibility for delays or delivery failures resulting from the method of dispatch. Actual or digital “postmarking” of a communication or proposal to Tennessee Tech by the specified deadline date shall not substitute for actual receipt of a communication or proposal by Tennessee Tech.

1.6.5 Tennessee Tech reserves the right to determine, at its sole discretion, the appropriate and adequate

responses to written comments, questions, and requests for clarification.

1.6.6 The University will convey all official responses and communications pursuant to this RFP via Internet posting at https://www.tntech.edu/purchasing/bidopportunities.php It is the Proposers’ responsibility to access this website to obtain updates to information as needed to submit a response to the most current information issued by the University.

1.6.7 Only the University’s official, written responses and communications shall be considered binding with regard to this RFP.

1.7 Proposal Deadline

Proposers must submit proposals no later than the Proposal Deadline time and date detailed in the RFP Section 2, Schedule of Events. A proposal must respond to the written RFP and any RFP exhibits, attachments, or amendments. A late proposal shall not be accepted, and a Proposer's failure to submit a proposal before the deadline shall cause the proposal to be disqualified. It is the responsibility of the Proposer to ascertain any additional requirements with respect to packaging and delivery to the designated location at Tennessee Tech. Proposers should be mindful of any potential delays whether foreseeable or unforeseeable.

1.8 Site Visit

1.8.1 Proposers my request a site visit to tour University concessions and dining services locations. Contact

Kerri Demeri at (931) 372-3302 or kdemeri@tntech.edu to arrange a site visit. A time period for site visits is identified in RFP Section 2.0, Schedule of Events. Any questions Proposer has as a result of the site visit must be submitted in writing to the RFP Coordinator prior to the deadline for written comments and questions identified in the Schedule of Events. No verbal discussions during the site visit are considered valid and binding. All questions and/or comments must be submitted in writing to the RFP Coordinator as noted in Section 1.9 below.

1.9 Written Questions/Answer Period

A question and answer period deadline is defined in the RFP Section 2, Schedule of Events. The purpose of the written question/answer period is to allow Proposers to submit any questions they may have regarding the scope of services requested. To ensure accurate, consistent responses to all known potential Proposers, the official response to questions will be issued by Tennessee Tech as described in RFP Sections 1.6, et seq., above and on the date in the RFP Section 2, Schedule of Events.

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2 RFP SCHEDULE OF EVENTS

The following Schedule of Events represents Tennessee Tech's best estimate of the schedule that will be followed. Unless otherwise specified, the time of day for the following events will be between 8:00 a.m. and 4:30 p.m., Central Time.

RFP SCHEDULE OF EVENTS

NOTICE: Tennessee Tech reserves the right, at its sole discretion, to adjust this schedule, as it deems necessary. Tennessee Tech will communicate any adjustment to the Schedule of Events via internet posting, see Section 1.6.7.

EVENT

TIME

DATE (all dates are Tennessee Tech

business days)

1. Tennessee Tech Issues RFP February 26, 2020

2. Site Visits per Request of Proposer 4:30pm March 4-6, 2020

3. Disability Accommodation Request Deadline March 13, 2020

3. Pre-Proposal Written Questions Deadline Noon March 13, 2020

4. Tennessee Tech Responds to all Questions 4:30pm March 20, 2020

5. Proposal Deadline and Opening 3:00pm March 31, 2020

8. Tennessee Tech Finalizes Technical Opens Revenue

Proposals and Calculates Scores

April 22, 2020

9. Tennessee Tech Issues Intent to Award Letter and

Opens RFP Files for Public Inspection

May 1, 2020

10. Award of Contract May 8, 2020

11. Contract Effective Date Upon Final Execution

3 PROPOSAL REQUIREMENTS

Each Proposer must submit a proposal in response to this RFP with the most favorable terms that the Proposer can offer. Tennessee Tech reserves the right to further clarify and request amended proposals and/or to negotiate with the best evaluated Proposer subsequent to award recommendation but prior to contract execution if deemed necessary by Tennessee Tech. Any amendment or negotiation shall be within the scope of the original procurement. Tennessee Tech may initiate negotiations which serve to alter the bid/proposal in a way favorable to Tennessee Tech. For example, prices may be reduced, time requirements may be revised, etc. In no event shall negotiations increase the cost or amend the proposal such that the apparent successful Proposer no longer offers the best proposal.

3.1 Proposal Form and Delivery

3.1.1 Each response to this RFP must consist of a Technical Proposal and a Revenue Proposal (as described below).

3.1.2 Each Proposer must submit one (1) original, one (1) *electronic, and six (6) copies of its Technical Proposal to Tennessee Tech in a sealed package that is clearly marked:

“Technical Proposal in Response to RFP for Beverage Exclusivity -- Do Not Open”

*Electronic copy must be submitted on a flash drive with the Technical Proposal. Do not email electronic copy.

3.1.3 Each Proposer must submit one (1) original one (1) electronic*, and two (2) copies of the Revenue Proposal to Tennessee Tech in a separate, sealed package that is clearly marked:

“Revenue Proposal in Response to RFP for Beverage Exclusivity -- Do Not Open”

*Electronic copy must be submitted on a flash drive with the Revenue Proposal submission. Do not email electronic copy.

3.1.4 If a Proposer encloses the separately sealed proposals (as detailed above) in a larger package for mailing, the Proposer must clearly mark the outermost package:

“Contains Separately Sealed Technical and Revenue Proposals for RFP for Beverage Exclusivity”

3.1.5 The University must receive all proposals in response to this RFP, at the following address, no later than the Proposal Deadline time and date in the RFP Section 2, Schedule of Events. Late proposals will not be considered and will remain unopened and filed in the RFP file.

Purchasing and Contracts Office Tennessee Technological University Campus Box 5144 Derryberry Hall Suite 301 1 William L. Jones Drive Cookeville, TN 38505

3.1.6 Acceptable delivery is only to the Purchasing and Contracts Office. Delivery to another campus office

shall not be considered acceptable delivery. 3.1.7 A proposal must be typewritten or hand-written in ink. A Proposer may not deliver a proposal orally or

solely by means of electronic transmission.

3.2 Technical Proposal

3.2.1 The RFP Attachment 6.5, Technical Proposal and Evaluation Guide details specific requirements for making a Technical Proposal in response to this RFP. This guide includes mandatory and general requirements as well as technical queries requiring a written response.

NOTICE: No financial/Revenue Proposal information shall be included in the Technical Proposal unless specifically requested. This includes references to items that are included “free” or “at no additional cost”, etc. Inclusion of Revenue Proposal information in the Technical Proposal may make the proposal non-responsive, and the University may reject it, at its sole discretion.

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3.2.2 Each Proposer must use the Technical Proposal and Evaluation Guide to organize, reference, and draft the Technical Proposal. Each Proposer must duplicate the Technical Proposal and Evaluation Guide and use it as a table of contents covering the Technical Proposal (adding proposal page numbers as appropriate). The order of the response to the Technical Proposal and Evaluation Guide must be preserved.

3.2.3 Each proposal should be concisely prepared, with emphasis on completeness and clarity of content. A proposal, as well as any reference material presented, must be written in English on standard 8 1/2" x 11" paper (although foldouts containing charts, spreadsheets, and oversize exhibits are permissible). All proposal pages must be numbered.

3.2.4 All information included in a Technical Proposal should be relevant to a specific requirement detailed in the Technical Proposal and Evaluation Guide. All information must be incorporated into a response to a specific requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will in no way contribute to the evaluation process.

3.2.5 Tennessee Tech may, at its sole discretion, determine a proposal to be non-responsive and reject it if the Proposer fails to organize and properly reference sections of the Technical Proposal as required by this RFP and the Technical Proposal and Evaluation Guide (including using Attachment 6.5 as a table of contents as specified in 3.2.2 hereof);

3.2.6 Tennessee Tech may at its sole discretion, determine a proposal to be non-responsive and reject it if the Technical Proposal document fails to appropriately address/meet all of the requirements detailed in the Technical Proposal and Evaluation Guide

3.2.7 The Proposer must sign and date the Technical Proposal. Digital, electronic, or facsimile signatures will not be acceptable as the original signature. Failure to submit one (1) original with an original signature will be cause for rejection of the proposal.

3.2.8 In the event of a discrepancy between the original Technical Proposal and the digital copy, the original, signed document will take precedence.

3.3 Revenue Proposal

3.3.1 The Revenue Proposal must be submitted to the University in a sealed package that is separate from the Technical Proposal.

3.3.2 Each Revenue Proposal must be recorded on an exact duplicate of the RFP Attachment 6.6, Revenue Proposal and Scoring Guide.

3.3.3 The proposed revenue shall incorporate all revenues for goods and/or services under the Contract for the total Contract period.

3.3.4 The Proposer must sign and date the original Revenue Proposal. Digital, electronic, or facsimile signatures will not be acceptable as the original signature. Failure to submit an original Revenue Proposal with an original signature shall be cause for rejection of the proposal.

3.3.5 In the event of a discrepancy between the original Revenue Proposal and the digital copy, the original, signed, document will take precedence.

3.3.6 If a Proposer fails to submit a Revenue Proposal as required, the University shall determine the proposal to be non-responsive and reject it.

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4 GENERAL REQUIREMENTS & CONTRACTING INFORMATION

4.1 Proposer Required Review and Waiver of Objections

Each Proposer must carefully review this RFP and all attachments, including but not limited to defects, objections, or any other matter requiring clarification or correction (collectively called “comments”). All such Comments must be made in writing and received by Tennessee Tech no later than the Written Comments Deadline in the RFP Section 2, Schedule of Events. This will allow issuance of any necessary amendments and help prevent the necessity of cancelling the RFP.

Any proposed alternatives, revisions or additions to the Pro Forma Contract (Attachment 6.2) must be made in writing. Should the Proposer fail to include proposed alternatives, revisions or additions to the Pro Forma by the Written Comments deadline and/or in its Technical Proposal Response, such alternatives, revisions or additions may not be considered, at the University’s sole discretion. A proposal that limits or changes any of the terms or conditions contained in the Pro Forma Contract may be considered non-responsive.

4.2 RFP Amendment and Cancellation

Tennessee Tech reserves the unilateral right to amend this RFP at any time. If an RFP amendment is issued, Tennessee Tech will communicate such amendment via Internet posting at https://www.tntech.edu/purchasing/bidopportunities.php . Each proposal must respond to the final written RFP and any exhibits, attachments, and amendments.

Tennessee Tech reserves the right, at its sole discretion, to cancel and reissue this RFP or to cancel this RFP in its entirety in accordance with applicable laws and regulations.

4.3 Proposal Prohibitions and Right of Rejection

4.3.1 Tennessee Tech reserves the right, at its sole discretion, to reject any and all proposals in accordance with applicable laws and regulations.

4.3.2 Each proposal must comply with all of the terms of this RFP and all applicable state laws and regulations. Tennessee Tech may consider any proposal that does not comply with all of the terms, conditions, and requirements of this RFP to be non-responsive and reject it.

4.3.3 A proposal of alternate goods and/or goods and/or services (i.e., a proposal that offers goods and/or services different from those requested by this RFP) shall be considered non-responsive and rejected.

4.3.4 A Proposer may not restrict the rights of Tennessee Tech or otherwise qualify a proposal. Tennessee Tech may determine such a proposal to be a non-responsive counteroffer, and the proposal may be rejected.

4.3.5 A Proposer shall not submit more than one proposal that offers the goods and/or services requested by this RFP. Submitting more than one proposal shall result in the disqualification of the Proposer unless specifically provided for in this RFP.

4.3.6 A Proposer shall not submit multiple proposals in different capacities. This prohibited action shall be defined as a Proposer submitting one proposal as a prime contractor and a second Proposer submitting a proposal with the first Proposer offered as a subcontractor. This restriction does not prohibit different Proposers from offering the same subcontractor as a part of their proposals, provided that the subcontractor does not also submit a proposal as a prime contractor. Submitting multiple proposals in different capacities may result in the disqualification of all Proposers knowingly involved.

4.3.7 Tennessee Tech shall reject a proposal if the Revenue Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Proposer. Regardless of the time of detection, Tennessee Tech shall consider any of the foregoing prohibited actions to be grounds for proposal rejection or contract termination.

4.3.8 Tennessee Tech shall not consider a response from an individual who is, or within the past six (6) months has been, a State employee. For purposes of this RFP:

4.3.8.1 An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

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4.3.8.2 A contract with or a response from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and

4.3.8.3 A contract with or a response from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest.

4.3.9 Tennessee Tech reserves the right, at its sole discretion, to waive a proposal’s variances from full compliance with this RFP. If Tennessee Tech waives minor variances in a proposal, such waiver shall not modify the RFP requirements or excuse the Proposer from full compliance with the RFP.

4.4 Incorrect Proposal Information

If Tennessee Tech determines that a Proposer has provided, for consideration in this RFP process or subsequent contract negotiations, incorrect information that the Proposer knew or should have known was materially incorrect, that proposal shall be determined non-responsive and shall be rejected.

4.5 Proposal of Additional Goods and/or Services

If a Proposer offers related goods and/or services in addition to those required by and described in this RFP, Tennessee Tech, at its sole discretion, may add the additional goods and/or services to the Contract before Contract signing. Proposers must provide a detailed description of each related product and/or service offered in addition to those specified in this RFP to be considered for inclusion in the contract as a separate attachment. Costs associated with additional related goods and/or services must be provided on a separate attachment in the Revenue Proposal. The University will not use proposed additional goods and/or services in proposal evaluation.

4.6 Assignment & Subcontracting

4.6.1 The Contractor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFP without Tennessee Tech’s prior approval. Tennessee Tech may, at its sole discretion, refuse approval of any subcontract, transfer, or assignment.

4.6.2 If a Proposer intends to use subcontractors, the Proposer must specifically identify the scope and portions of the work each subcontractor will perform

4.6.3 Unless Tennessee Tech expressly disapproves of a subcontractor named in a proposal prior to Contract signing, the subcontractor is considered an approved subcontractor.

4.6.4 After Contract award, a Contractor may only substitute an approved subcontractor with Tennessee Tech’s prior, written approval.

4.6.5 Notwithstanding any Tennessee Tech approval relating to subcontracts, the Proposer who is awarded a contract pursuant to this RFP will be the prime contractor and will be responsible for all work under the Contract.

4.7 Right to Refuse Personnel

Tennessee Tech, at its sole discretion and notwithstanding any prior approval, reserves the right to refuse any personnel, of the prime contractor or a subcontractor providing goods and/or services. Tennessee Tech will document in writing the reason(s) for any rejection of personnel.

4.8 Insurance

4.9.1 During the course of the Contract, the Contractor will maintain, at its own expense, insurance in amounts, form and substance acceptable to the University, as determined by the University in its sole discretion. Insurance shall be written by insurance company(ies) licensed to operate in the State of

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Tennessee. The Contractor shall be required to provide acceptable proof of insurance naming Tennessee Tech as additional insured prior to execution of Contract. The Contractor shall provide current proof of insurance to Tennessee Tech upon request. Contractor’s failure to provide evidence of such insurance coverage is a material breach and grounds for termination of the Contract negotiations and/or Contract.

4.9.2 The Contractor agrees that the required insurance provided hereunder shall be primary over any

insurance of Tennessee Tech and that the Contractor’s interests are not covered whatsoever by Tennessee Tech. The Tennessee Claims Commission has exclusive jurisdiction over claims against Tennessee Tech.

4.9.3 The enumeration in the Contract or in this document of the kinds and amounts of liability insurance

shall not abridge, diminish or affect the Contractor’s legal responsibilities for the consequences of accidents arising out of or resulting from the Contractor’s services under this Contract.

4.10 Professional Licensure and Department of Revenue Registration

4.10.1. All persons, agencies, firms, or other entities that provide legal or financial opinions, which a Proposer provides for consideration and evaluation by Tennessee Tech as a part of its Proposal, shall be properly licensed to render such opinions.

4.10.2. Before the Contract is signed, the apparent successful Proposer must be registered with or exempted

by the Tennessee Department of Revenue for the collection of Tennessee sales and use tax. Tennessee Tech shall not award a contract unless the Proposer provides proof of such registration or documentation from the Department of Revenue that the Contractor is exempt from this registration requirement.

4.11 Financial Stability

Prior to award of a Contract, Tennessee Tech may require the successful Proposer to provide information to demonstrate financial stability and capability.

4.12 Proposal Withdrawal

A Proposer may withdraw or amend a Proposal before the submission deadline. After Proposal submission deadline, a Proposer will be permitted to withdraw a Proposal only where the enforcement of the Proposal would impose unconscionable hardship on the Proposer. Proposer must submit a written request to the Purchasing and Contracts Office to request withdrawal of a Proposal after submission deadline.

4.13 Proposal Errors and Amendments

At Tennessee Tech’s option, a Proposer may be bound by all proposal errors or omissions. A Proposer may not alter or amend proposal documents after the submission deadline.

4.14 Proposal Preparation Costs

The Proposer is responsible for all costs associated with the preparation, submittal, or presentation of any proposal.

4.15 Continued Validity of Proposals

Proposals shall state that the offer contained therein is valid for a minimum of 90 days from the date of opening. This assures that Proposers’ offers are valid for a period of time sufficient for thorough consideration. Proposals which do not so state will be presumed valid for 90 days from the date of the Revenue Proposal opening.

4.16 Disclosure of Proposal Contents

4.16.1 Each proposal and all materials submitted to Tennessee Tech in response to this RFP shall become the property of Tennessee Tech. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and revenue information, shall be held in confidence during the evaluation process.

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4.16.2 Upon the completion of the evaluation of proposals, indicated by public release of a Letter of Intent to Award, the University will make the proposals and associated materials open for review by the public in accordance with Tennessee law. By submitting a proposal, the Proposer acknowledges and accepts that the proposal contents and associated documents shall become open to public inspection in accordance with said statute. Notations on proposals that materials submitted be kept confidential will not be honored. All bid documents and contracts become public records in accordance with applicable statute(s).

4.16.3 If an RFP is re-advertised, all prior offers and/or proposals shall remain closed to inspection by the Proposers and/or public until evaluation of the responses to the re-advertisement is complete.

4.17 Contract Approval

The RFP and the successful proposer selection processes do not obligate Tennessee Tech and do not create rights, interests, or claims of entitlement by either the Proposer with the apparent best-evaluated proposal or any other Proposer. Contract award and Tennessee Tech obligations pursuant thereto shall commence only after the Contract is fully executed by the appropriate authorities.

4.18 Contractor Performance

The Contractor will be responsible for the delivery of all acceptable goods or the satisfactory completion of all goods and/or services set out in this RFP (including attachments) as may be amended. All goods and/or services are subject to inspection and evaluation by Tennessee Tech. Tennessee Tech will employ all reasonable means to ensure that goods delivered and/or services rendered are in compliance with the Contract, and the Contractor must cooperate with such efforts.

4.19 Contract Amendment

After Contract award, Tennessee Tech may request the Contractor to deliver additional goods and/or perform additional services within the general scope of the contract and this RFP, but beyond the specified scope of service, and for which the Contractor may be compensated. In such instances, Tennessee Tech will provide the Contractor a written description of the additional goods and/or services. The Contractor must respond to Tennessee Tech with a time schedule for delivering the additional goods or accomplishing the additional services based on the compensable units included in the Contractor’s response to this RFP. If Tennessee Tech and the Contractor reach an agreement regarding the goods and/or services and associated compensation, such agreement must be effected by means of a contract amendment. Further, any such amendment requiring additional goods and/or services must be signed by both Tennessee Tech and the Contractor and must be approved by other state officials as required by applicable statutes, rules, policies and procedures of the State of Tennessee. The Contractor must not provide additional goods or render services until Tennessee Tech has issued a written contract amendment with all required approvals.

4.20 Severability

If any provision of this RFP is declared invalid, the surviving provisions will remain enforceable.

4.21 Next Ranked Proposer

Tennessee Tech reserves the right to initiate negotiations with the next ranked Proposer should Tennessee Tech cease doing business with any Proposer selected via this RFP process.

4.22 Vendor Registration

4.23 Proposers should complete Tennessee Tech’s vendor registration process. When applicable, Tennessee Tech shall work with Proposers and the Governor’s Office of Diversity Business Enterprise (Go-DBE) for Proposers to obtain official state certification. Policy and Guideline Compliance

This proposal request and any award made hereunder are subject to Tennessee Tech’s policies at https://www.tntech.edu/policies/index.php.

4.24 Protest Procedures

A copy of Tennessee Tech’s bid protest procedures is available upon request. Contact the RFP Coordinator for this information.

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5 PROPOSAL EVALUATION & CONTRACT AWARD

5.1 Evaluation Categories and Maximum Points

Tennessee Tech will consider qualifications and experience, technical approach, and revenue in the evaluation of proposals. The maximum number of points for each category is detailed below.

CATEGORY MAXIMUM POINTS POSSIBLE

Qualifications and Experience 20

Technical Requirements 30

Revenue Proposal 50

5.2 Evaluation Process

The evaluation process is designed to award the contract to the responsive and responsible Proposer deemed by Tennessee Tech to offer the best combination of attributes based upon the evaluation criteria. “Responsive Proposer” is defined as a Proposer that has submitted a response that conforms in all material respects to the RFP. “Responsible Proposer” is defined as a Proposer that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

5.2.1 Technical Response Evaluation

The RFP Coordinator will use the Technical Proposal and Evaluation Guide to manage the Technical Proposal evaluation and maintain evaluation records.

5.2.1.1 The RFP Coordinator will examine each Technical Proposal to ensure that it meets the RFP’s mandatory requirements. If the RFP Coordinator determines that a Proposal may have failed to meet one or more of the mandatory requirements, the Director of Purchasing and Contracts will review the Proposal, and the Director or RFP Coordinator may seek clarification from the Proposer to determine whether or not the Proposal: a) meets requirements for further evaluation; or b) is non-responsive to the RFP and should be rejected.

5.2.1.2 If the Director determines a Proposal is non-responsive to the RFP requirements s/he will document the decision to reject the Proposal. The Vice President for Planning and Finance must approve the Director’s decision. Rejected Proposals will not be considered for award.

5.2.1.3 A Proposal Evaluation Team, appropriate to the scope and nature of the RFP, and consisting of three (3) or more Tennessee Tech employees, will evaluate each Technical Proposal that appears responsive to the RFP.

5.2.1.4 Each Proposal Evaluation Team member will independently and impartially evaluate each Technical Proposal based on the RFP requirements and specifications.

5.2.1.5 Tennessee Tech reserves the right, at its sole discretion, to request Proposer’s clarification of a Technical Proposal or to conduct clarification discussions with any or all Proposers. Any such clarification or discussion shall be limited to specific sections of the proposal identified by Tennessee Tech. The Proposer shall submit its resulting clarification to Tennessee Tech in the format specified in the clarification request.

5.2.2 Revenue Proposal Evaluation

After the Technical Proposal evaluation is completed, the RFP Coordinator will open the Revenue Proposals and use the RFP Revenue Proposal and Scoring Guide to calculate and document the Revenue Proposal scores.

5.2.3 Total Proposal Score

The RFP Coordinator will calculate the sum of the Technical Proposal scores and the Revenue Proposal scores to yield the best-evaluated Proposal.

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5.3 Contract Award Process

5.3.1 The RFP Coordinator will forward the results of the proposal evaluation process to the appropriate Tennessee Tech official who will consider the proposal evaluation process results and all pertinent information available to make a determination about the contract award. Tennessee Tech reserves the right to make an award without further discussion of any proposal.

Notwithstanding the foregoing, to effect a contract award to a Proposer other than the one receiving the highest evaluation score, the requesting department/party must provide written justification for such an award and obtain the written approval of the appropriate Tennessee Tech official.

5.3.2 Prior to award, Tennessee Tech may elect to conduct negotiations the highest ranked respondent for purposes of:

Resolving minor differences and informalities;

Clarifying necessary details and responsibilities;

Emphasizing important issues and points;

Receiving assurances from respondents;

Exploring ways to improve the final contract.

5.3.3 After the appropriate official’s determination, Tennessee Tech will issue an Intent to Award to identify the apparent best-evaluated proposal. The Intent to Award shall not create rights, interests, or claims of entitlement in either the Proposer with apparent best-evaluated proposal or any other Proposer.

5.3.4 Tennessee Tech will make the RFP files available for public inspection following issuance of the Intent to Award.

5.3.5 The Proposer with the apparent best-evaluated proposal must agree to and sign a contract with Tennessee Tech that shall be substantially the same as the RFP Pro Forma Contract.

Prior to contract execution, Tennessee Tech reserves the right, at its sole discretion, to add terms and conditions or to revise Pro Forma Contract requirements in Tennessee Tech’s best interests. No such terms and conditions or revision of contract requirements shall materially affect the basis of proposal evaluations or negatively impact the competitive nature of the RFP process.

5.3.6 The Proposer with the apparent best-evaluated proposal must sign and return the Contract no later than the Award of Contract Date in the RFP Section 2, Schedule of Events. If the Proposer fails to provide the signed Contract by the deadline, Tennessee Tech may determine that the Proposer is non- responsive to the RFP terms and reject the proposal.

5.3.7 If Tennessee Tech determines that the apparent best-evaluated proposal is non-responsive and rejects the proposal, the RFP Coordinator will re-calculate scores for each responsive Revenue Proposal to determine the new, apparent best-evaluated proposal.

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ATTACHMENT 6.1

CONTRACTOR REQUIREMENTS FORM In order to comply with statutory requirements and/or regulations, Tennessee Tech requires contractors to provide following information prior to the issuance of the contract. Please complete all information and sign as directed.

I. Ownership Information 1. Contractor Legal Entity Name (Name used for tax filing purposes): ________________________________________________

2. Is Contractor a permanent resident or citizen of the US?

Yes No (If no, state country of citizenship): __________________

(Note: Contractors who are individuals and are not US citizens must complete a Foreign National Data Form prior to execution of contract.)

3. Kind of Ownership (Check all that apply):*

Government (GO)

Non-Profit (NO)

Majority (MJ)

Minority (MO)*

Woman (WO)*

Small (SB)*

State of TN Agency

Service-Disabled Veteran (SV)*

Certified Disabled (DB)*

*Visit https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/governor-s-office-of-diversity-business-enterprise--godbe--.html for information regarding the classifications listed above.

4. Minority / Ethnicity Code (Check one):

African American (MA)

Native American (MN)

Hispanic American (MH)

Asian American (MS)

5. Preference for reporting purposes: (Note: If Contractor qualifies in multiple categories as small, woman-owned and/or minority, Contractor is to specify in which category he/she is to be considered for reporting and classification purposes.) Check one only:

Small Minority-Owned Woman-Owned Service-Disabled Veteran

Certified Disabled

6. Certification: I certify that all of the information as completed above is accurate and true. (Signature required below.) Signed: ______________________________________________________________ Date: __________________________ Name (Printed): ____________________________________Title: ________________________________________________

II. Sales and Use Tax.

As a contractual requirement under Tennessee law, vendors who contract with the state of Tennessee must be registered to collect sales tax if they make sales that are subject to the Tennessee sales and use tax. If you are already registered to collect Tennessee sales and use tax, please provide your registration number: _________________________________ (Note: This number is NOT your federal ID number.) If you are not registered, please go to Tennessee Taxpayer Access Point (TNTAP) and under the header “Registration”, select

TN oper Contract Questionnaire. This will open a survey designed to evaluate whether you must register for sales and use tax. Based on your responses, you will be directed to either register or will be provided with a letter of exemption from sales tax collection. Please provide a copy of the exemption letter or evidence of registration to Tennessee Tech to satisfy this contractual requirement.

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ATTACHMENT 6.2 PRO FORMA CONTRACT

The Pro Forma Contract set forth in this Attachment contains some “blanks”, signified in brackets by words in all capital letters, describing material to be added, along with appropriate additional information, in the final contract resulting from this RFP.

CONTRACT BETWEEN TENNESSEE TECHNOLOGICAL UNIVERSITY

AND [CONTRACTOR NAME]

This Contract, by and between Tennessee Technological University, hereinafter referred to as the “University” and [CONTRACTOR LEGAL ENTITY NAME], hereinafter referred to as the “Contractor,” is for the purpose of providing soft drinks (vending, pour rights and concessions) at University facilities on an exclusive basis.

The Contractor is a [AN INDIVIDUAL / A FOR-PROFIT CORPORATION / A NONPROFIT CORPORATION / A SPECIAL PURPOSE CORPORATION OR ASSOCIATION / A FRATERNAL OR PATRIOTIC ORGANIZATION / A PARTNERSHIP / A JOINT VENTURE / A LIMITED LIABILITY COMPANY].

The Contractor’s address is: [ADDRESS]

The Contractor’s place of incorporation or organization is [STATE OF ORGANIZATION]. A. SCOPE OF SERVICES & DELIVERABLES:

A.1 Contractor shall provide Beverages (vending, pouring rights and concessions) at University facilities on an exclusive basis. In addition, Contractor shall return revenue to the University for products sold through vending facilities and shall participate in sponsorships of various University endeavors.

A.2 Exclusive Rights. Unless otherwise noted herein, Contractor shall have exclusive rights to the sales of Beverages on the University’s campus. The University agrees that unless otherwise agreed to by Contractor, the University and its contracted Food Services operator (currently Chartwells) shall purchase all Beverage products from Contractor provided that Contractor is able to supply the product or an approved similar product, which is desired for purchase.

Note: The University currently has a contract with Chartwells for operation of its Food Services. Chartwells will be required to honor the exclusivity of this Contract; however, the Contractor shall be required to honor national, regional and local pricing with Compass Group USA for purchases by Chartwells, which would otherwise be governed by this contract. In addition, the Chartwells contract provides right of first refusal to Chartwells for catered events above $300. Any event not catered by Chartwells is exempt from this Contract. Pricing for products purchased directly by the University shall be based upon pricing as contained in the Contract. The Appalachian Center for Craft food services operation, which is operated by a third-part contractor, is also exempt from this Contract.

A.3 “Beverage” or “Beverages” means (a) all cold, carbonated and noncarbonated, non-alcoholic, natural or

artificially flavored drinks and bottled water for independent consumption, and otherwise, including, but not limited to, non-alcoholic drinks with nutritive or non-nutritive sweeteners, frozen noncarbonated beverages, flavored and/or sweetened mineral water, natural or artificially flavored fruit and/or vegetable juices, fruit and/or vegetable juice containing drinks and fruit and vegetable flavored drinks (sweetened and non-sweetened), hypertonic, isotonic, hypotonic drinks (sports drinks, energy and fluid replacement) (“Sports Drinks”); and all drink or beverage bases, whether in the form of syrups, powders, crystals, concentrates or otherwise, from which such drinks and beverages could be prepared.

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A.4 Permitted Exceptions: “Beverage” or “Beverages” shall not include milk, flavored milk, freshly brewed coffee, freshly brewed tea, hot chocolate, and all juice squeezed fresh on the campus.

A.5 Competitive Products. During the entire term of this agreement and any renewal or extension thereof, except

for permitted exceptions as noted, the University will establish a program on Campus so that it can ensure that:

(a) Fountain: All fountain beverage products distributed on the campus shall be the product of the

Contractor and be dispensed through the Contractor’s fountain equipment. No competitive beverages may be sold or dispensed by a competitor anywhere on campus.

(b) Marketing: No competing brand will be allowed to market, sample or distribute their beverage product or logo at any campus controlled event.

B. CONTRACT TERM

B.1 Contract Term. This Contract shall be effective for the period commencing on July 1, 2020, and ending on

June 30, 2030. The University shall have no obligation for services rendered by the Contractor which are not performed within the specified period.

C. FINANCIAL TERMS AND CONDITIONS:

C.1 Vending Commissions. The Contractor shall remit to the University monthly electronic reports (within 30 days following the end of the sales period) which shall detail the following:

• Monthly sales and case sales by machine • Monthly sales break-down by product

a) Within thirty (30) calendar days following the last day of each monthly accounting period, the Contractor

must submit a check for the amount of commissions owed. b) [APPLICABLE PROVISIONS TO BE INCLUDED REGARDING GUARANTEED REVENUE AND

COMMISSION PERCENTAGES FROM PROPOSAL.] c) Total transparency is required; the University may at any time request additional supporting details, data

or reports that are directly related to the Contractor's operations at the University. The Contractor must provide any such information within five (5) business days.

C.2 Sponsorships. All sponsorship amounts (cash and in-kind) shall be remitted to the University as agreed upon

between the University and the Contractor and as specified in the Contract.

C.3 Travel Compensation. This Contract does not include or allow for any compensation to the Contractor for travel.

C.4 All product pricing and vending prices shall be firm for a period of two (2) years from either the date of Contract inception or the effective date of any price increase thereafter. At the end of such 2-year term, the Contractor may propose price changes for consideration by the University. Any such requests for increase(s) in price shall be accompanied by written substantiation to support such request. All price increases are subject to approval by the University, who may elect to approve the increase(s) or rebid the Contract with sufficient notice given for cancellation of the current contract, at its sole discretion.

C.5 Payment of Invoice(s). The University’s payment of any invoice shall not prejudice the University's right to object to or question any invoice or matter in relation thereto. Such payment by the University shall not be an approval of the invoiced amount(s).

D. RESPONSIBILITIES OF PARTIES (Note: Content of this section will be modified based on successful

proposer’s RFP response.)

D.1 Vending Services. Contractor shall provide vending equipment, products and services in accordance with the

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following:

(a) All vending equipment shall be attractive, high quality, current models.

(b) Contractor agrees to install the number and type(s) of vending machines as requested by the University.

(c) The University shall have final approval of all vending equipment installed on its property.

(d) Contractor shall be able to offer cola(s), diet or low calorie drink(s), fruit and fruit-flavored drink(s), isotonic drink(s), water, and specialty cold drinks such as tea and coffee at vending locations.

(e) At a minimum all vending machines will be equipped to accept the following: • Coins, • $1 and $5 bills, • University ID card accounts, and • Debit and Credit Cards.

(f) The University will be implementing Transact Campus Inc. (formerly Blackboard Transact) for the

University ID card program. The Contractor is required to utilize card readers that are compatible with Transact for vending machines and are fully supported by Transact for use with the Transact systems. The readers should be set to track all sales -- cash and card.

(g) The Contractor shall provide service, maintenance and repair of all applicable vending and fountain equipment within twenty-four (24) hours, seven (7) days a week, at no cost to the University or its contractors.

(h) The University will provide such necessary electrical outlets as may be required for the installation and operation of machines. Electricity will be furnished by the University at no charge to the Contractor.

(i) Pursuant to Tennessee Code Annotated (T.C.A.) § 53-12-107, all vending machines shall use energy efficient lights for advertising purposes or have the lights used solely for advertising purposes removed entirely from the vending machine.

(j) Contractor further agrees that, according to need, additional machines may be installed or machines may be removed only after such installation or removal has been requested by the University.

(k) Contractor shall stock/service machines twice each week. All equipment shall be maintained in clean and excellent operable condition. Contractor shall be available as needed to service and repair machines.

(l) All service personnel shall be fully insured and bonded. Access to the residence halls will only be at entrances and hours as specified by the University.

(m) Contractor shall promptly report any theft or damage to any vending equipment to the University’s Director of Auxiliary Services. In the event of theft of funds, the vending equipment’s internal meter, if any, shall be used to establish the gross sales involved. If no meter exists, the method used to establish gross sales shall be stated on the monthly sales report. The University must concur in the determination of losses due to theft, damages, etc. The Contractor and the University will share losses due to theft in the same ratio as they share proceeds from collected sales.

(n) The Contractor will work out satisfactory arrangements, with the approval of the University Business Office, for the payment of refunds due individuals for machine failures and for the reporting of machines that are not operating properly.

(o) The Contractor will assume liability for the payment of any city, county, state and/or federal taxes in effect or that may be levied, as well as any licenses that may be required for lawful operation of such machines.

(p) Contractor personnel must be easily identifiable as an employee of the Contractor while on University

property.

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. (q) The University may require Contractor personnel with access to restricted areas on campus to pass a

criminal background check. Such background check, if required, will be at the expense of the Contractor.

D.2 University Partnerships: Contractor agrees to support the University’s strategic plan and build partnerships throughout the University. Each year several departments sponsor events and special programs with significant exposure to students, alumni and community. Contractor will have the right to use the slogan “the official beverage supplier of Tennessee Tech” and the right to use the Tennessee Tech University logo as approved by Tennessee Tech and the University’s licensing agent.

(a) Contractor has the opportunity to promote their brand through campus dining locations and the University Store which combined serves more than one million (1,000,000) customers each year. All promotions and branding opportunities will be mutually agreed upon with Tennessee Tech.

(b) Contractor has the opportunity to co-brand the University’s food truck. Branding designs will be mutually agreed upon with Tennessee Tech.

(c) Contractor will identify ways to support the University’s strategic plan.

(d) Contractor will support various campus events such as: • Week of Welcome • Spring Welcome • University Preview Day • Family Weekend • Lighting the Quad

(e) Special Event Trailers - Contractor shall provide complimentary special event trailers for concessions

and/or events as needed by the University.

(f) Contractor will host a minimum of one (1) product tasting, new product launch, or promotional event each semester.

D.3 Athletics Partnership: This Contract includes exclusive pouring, concessions and vending rights in current and future TTU Athletics facilities for all events, including football games, basketball games, district tournaments, TSSAA state tournaments, graduation ceremonies, etc. The Contractor will receive the following as part of this Contract:

(a) Contractor shall be given the first right to purchase new marketing, promotions, or advertising inventory as it is added or new technology is acquired.

(b) Contractor shall have the opportunity to have the first right to purchase future customer engagement and hospitality opportunities at athletic venues (e.g., suites, club seats, etc.).

(c) Contractor shall have the right to use the slogan “the official beverage supplier of TTU Athletics” and the right to use the TTU Athletics marks as approved by Tennessee Tech Athletics, the University’s licensing company and agent.

(d) Contractor shall receive the following in exchange for its annual sponsorship as noted in the Financial Proposal section of the RFP:

• Season Tickets - Contractor shall receive eight (8) season tickets to football and basketball games annually, as well as 100 promotional tickets to one (1) football game and 100 promotional tickets to one (1) basketball game to be designated as the Contractor’s Appreciation Game.

• Parking Passes - Contractor shall receive two (2) parking passes for both football and basketball home games.

• Promotions – Contractor shall have the option to promote product tasting and/or product launches at Athletics sponsored events each year as mutually agreed upon by Athletics and Contractor.

• Marketing Materials - Contractor shall provide materials needed for broadcast, publication or

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distribution. • Sponsorship Opportunities – Contractor shall have the option to propose other sponsorship

opportunities above and beyond the minimum requirements listed in the following sections of the proposal.

(e) Contractor agrees to provide the following to TTU Athletics for exclusive rights for Athletics venues/events:

• Information to be inserted from Revenue Proposal of successful Proposer • As a minimum, Contractor shall participate in the following sponsorship opportunities at the

annual sponsorship rates listed on each. Information to be inserted from Revenue Proposal of successful Proposer

(f) Signage Maintenance – Any changes of advertising panels or digital content for any videoboard, scoreboard, or signage location or changes in logos, trademarks etc., will be at the discretion of TTU Athletics and at the expense of the Contractor.

(g) Contractor shall be the title sponsor of the annual Bobby Nichols Golden Eagle Scramble golf tournament. In exchange for this sponsorship, Contractor shall be listed as the title sponsor in all print, radio, and digital media content related to the golf tournament. All tournament/course signage for Contractor shall be provided by Contractor and shall be mutually agreed upon between TTU Athletics and Contractor. Additional information to be inserted from Revenue Proposal of successful Proposer

(h) As a minimum, Contractor shall provide the following products and equipment for TTU Athletics’ use annually: Information to be inserted from Revenue Proposal of successful Proposer

E. STANDARD TERMS AND CONDITIONS:

E.1 Required Approvals. The University is not bound by this Contract until it is approved by the appropriate officials. The person signing on behalf of the Contractor represents s/he is authorized to enter into this Contract on behalf of the entity named in the Contract. The Parties agree that this Contract may be executed in counterparts, executed electronically, and transmitted electronically.

E.2 Modification and Amendment. This Contract may be modified only by a written amendment signed by the Parties’ authorized officials.

E.3 Boiler plate agreements such as click-wrap, browse-wrap or shrink-wrap agreements are not binding on Tennessee Tech. Pursuant to T.C.A. § 9-8-307(a)(1)(L), no contract is binding on Tennessee Tech unless it is a written contract executed by one (1) or more state officers or employees with authority to execute the contract.

E.4 Termination for Convenience. The University may terminate this Contract without cause for any reason. Such termination shall not be deemed a Breach of Contract by the University. The University shall give the Contractor at least ninety (90) days written notice before the effective termination date. Upon such termination, the Contractor shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount.

E.5 Termination for Cause. If the Contractor fails to properly perform its obligations under this Contract in a timely or proper manner, or if the Contractor violates any terms of this Contract, the University shall have the right to immediately terminate the Contract, and Contractor agrees to make immediate payment of any outstanding amounts. Notwithstanding the above, the Contractor shall not be relieved of liability to the University for damages sustained by virtue of Contractor’s breach and agrees to pay the University’s attorney fees to enforce the Contract terms.

E.6 Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the portion of this Contract without obtaining the University’s prior written consent.

E.7 Conflicts of Interest. Contractor certifies its compliance with applicable federal and state laws, rules and regulations and Tennessee Tech policies with respect to Conflict of Interest, including, but not limited to the following:

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(a) Pursuant to T.C.A. § 12-4-103, Contractor acknowledges that it is unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any interest in the selling of the same to the state;

(b) Pursuant to TTU Policy 132, Conflict of Interest, the University prohibits purchases of merchandise, equipment, materials or similar commodities from a Tennessee Tech employee’s business or from a family member’s business. Family member, as defined by the policy, means a spouse or child dependent or non-dependent of Tennessee Tech employee, unless otherwise defined by statute.

(c) Pursuant to TTU Policy 132, Conflict of Interest, Tennessee Tech prohibits service contracts with an individual who is, or within the past six months has been a state employee. Contracts with the employee’s spouse, a company or corporation in which a controlling interest is held by any state employee or the employee’s spouse shall be considered, for the purpose of applying this rule, to be a contract with said individual.

E.8 Nondiscrimination. No person, on the grounds of disability, age, race, color, religion, sex, veteran status, national origin, or any other classification protected by Federal, or Tennessee constitutional or statutory law, shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of the Contractor. The Contractor shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

E.9 Records. The State of Tennessee and the University shall be entitled to monitor this Contract to the extent allowed by T.C.A. § 12-3-602, and Contractor shall maintain books and records related to this Contract for three (3) years from the date of final payment by or to the University.

E.10 Strict Performance. Either party’s failure to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision.

E.11 Severability. If any terms and conditions of this Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. Independent Contractor. Contractor is an independent contractor and is not an agent of the State of Tennessee whatsoever.

E.12 Independent Contractor. The Contractor agrees to carry adequate liability and other appropriate forms of insurance, including workers’ compensation coverage as required by applicable law on the Contractor’s employees, and to pay all applicable taxes incident to this Contract. The enumeration in the Contract of the kinds and/or amounts of liability insurance shall not abridge, diminish or affect the Contractor’s legal responsibilities arising out of or resulting from the services under this Contract.

E.13 University Liability. The University shall have no liability except as specifically provided in this Contract.

E.14 University, State and Federal Compliance. The Contractor shall comply with all applicable State and Federal laws and regulations, including University policies and guidelines in the performance of this Contract. (Note: The University is a tobacco-free campus, and Contractor’s personnel shall abide by this regulation when on campus.)

E.15 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Tennessee. The Contractor agrees that it will be subject to the exclusive jurisdiction of the Tennessee Claims Commission in actions that may arise under this Contract.

E.16 Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of this Contract.

E.17 The State of Tennessee is self-funded and does not carry or maintain commercial general liability insurance or medical, professional or hospital insurance. Contractor agrees that the Tennessee Claims Commission shall have exclusive jurisdiction to resolve complaints related to this Contract.

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E.18 Should an event (e.g., war, act of God, riot, natural disaster, etc.) beyond a party’s reasonable control occur, that party will be excused from performing its obligations under the contract, provided the following provisions are met: (1) The affected party must promptly notify the other party of the occurrence of the event, its effect on performance, and how long that party expects it to last, and (2) the affected party shall update that information as reasonable necessary and use reasonable efforts to limit damage to the other party and to resume its performance under this Contract.

E.19 This Contract shall be governed by the laws of the State of Tennessee without regard to its choice of law principles. Contractor shall comply with all applicable federal, state and local laws and regulations and applicable University policies and procedures.

E.20 This Contract is subject to the appropriation and availability of state and/or federal funds. Pursuant to T.C.A. § 12-3-305(c)(2), the University may, upon written notice to Contractor, terminate the Contract at the end of any fiscal year in the event that funds are not appropriated or are otherwise unavailable for the Contract’s continuance.

E.21 Contractor agrees to indemnify and hold harmless the University as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, causes of action, and attorney fees which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its behalf.

E.22 Pursuant to T.C.A. § 12-3-309(b), Contractor attests that Contractor will not knowingly utilize the services of illegal immigrants in the performance of this Contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of this Contract.

E.23 Contractor certifies that Contractor has either registered with the State of Tennessee’s Department of Revenue for or does not make sales of goods or services that are subject to the collection of Tennessee sales and use tax, as required by T.C.A. § 12-3-306, and will provide proof of compliance upon request.

E.24 Contractor agrees, as applicable, to comply with relevant National Collegiate Athletic Association (NCAA) legislation, interpretations and policies, located on the NCAA website and as amended from time to time, on the use of a student-athlete’s name or likeness. This duty to comply includes, but is not limited to, the requirements found in the relevant NCAA Division Manual, such as NCAA Rule 12.5.2 “Use of Student Athlete Name or Likeness.” Contractor further agrees to immediately report any real or suspected violation of the NCAA legislation, interpretations, and/or policies to Amanda Thatcher, at AMiller@tntech.edu.

E.25 Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief, neither it nor any of its subcontractors, if applicable, is on the Iran Divestment Act (T.C.A. §§ 12-12-101 et seq.) list of entities or persons ineligible to contract with the State of Tennessee.

E.26 Contractor agrees that, if applicable to this Contract, the University will possess all rights to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of the Contractor’s performance under the contract. The Parties acknowledge and agree that Contractor’s work under this Contract shall belong to the University as "work-made-for-hire" (as such term is defined in U.S. Copyright Law). To the extent Contractor’s work is not deemed to constitute “work-made-for-hire,” Contractor hereby assigns and transfers to the University all of Contractor’s right, title and interest in and to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of Contractor’s performance under this Contract.

E.27 Contractor certifies, to the best of its knowledge and belief, that it and its principals:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency;

b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offence in connection with obtaining attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,

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falsification, or destruction of records, making false statements, or receiving stolen property;

c. are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses listed in section b. of this certification; and

d. have not within a three (3) year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default.

E.28 The University collects the information Contractor provides to it for the purpose fulfilling its obligations under this Contract. The University will share the information Contractor provides only to the extent required by law. The University will store Contractor’s personal data consistent with its policies on document retention, which can be accessed through this link: https://www.tntech.edu/policies/ . If Contractor is a resident of the European Economic Area (“EEA”) and has standing under the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, Contractor may have the right (i) to request from the University access to and rectification or erasure of personal data or restriction of processing; (ii) to object to processing; (iii) to data portability and (iv) to lodge a complaint with a supervisory authority in the EEA. By providing personal data to the University, Contractor consents to the processing of its data for the purposes described above.

E.29 All Informational Material and Technology (IMT) developed, purchased, upgraded or renewed by or for the use of the University will comply with all applicable University policies, Federal and State laws and regulations including, but not limited to, the accessibility guidelines set forth in Web Content Accessibility Guidelines 2.0 A & AA, EPub3 Accessibility guidelines, Section 508 and all other regulations promulgated under Section 504 of the Rehabilitation Act and Title II of The Americans with Disabilities Act as amended. Further:

a. Compliance means that a person with a disability can acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability, in an equally effective and integrated manner, with substantially equivalent ease of use.

b. Contractor warrants that any IMT purchased by, developed, upgraded or renewed for the University will comply with the aforementioned accessibility guidelines and Contractor will provide accessibility testing results, written documentation verifying accessibility including the most recent VPAT for the product/service identified in this document.

c. Contractor will promptly respond to and resolve accessibility issues/complaints, and to indemnify and hold the University harmless in the event of claims arising from inaccessibility of Contractor’s product(s) or service(s).

E.30 If applicable to this Contract, the University’s Data Privacy and Security Terms and Conditions and/or GDPR Data Protection Addendum shall by reference be included as an integral part of this Contract.

E.31 The Contractor agrees to comply with the provisions outlined in the Payment Card Industry Data Security Standard (PCI DSS) and adhere to the merchant level vulnerability testing.

E.32 Contractor agrees to implement and maintain a written comprehensive information security program containing administrative, technical and physical safeguards for the security and protection of applicable Personal Information in compliance with the Gramm-Leach-Bliley Act (“GLBA”)(15 U.S.C. § 6801; 16 CFR Part 314) and the Federal Trade Commission’s Red Flags Rule (15 U.S.C. § 1681; 16 CFR Part 681). Upon University’s request, Contractor shall provide evidence that is satisfactory to University of its information security program.

F. SPECIAL TERMS AND CONDITIONS:

F.1 Communications and Contacts.

The University: Contractual Purposes:

Judy M. Hull, Director of Business Services Tennessee Tech University P. O. Box 5041

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220 West 10th Street Cookeville, TN 38505 Phone: 931-372-3452 Fax: 931-372-3727 jmhull@tntech.edu Operational Purposes (Non-Athletics): Kerri Demeri, Director of Auxiliary Services Tennessee Tech University P. O. 5037 Cookeville, TN 38505 Phone: 931-372-3302 Fax: 931-372-3898 kdemeri@tntech.edu Operational Purposes (Athletics): Mark Wilson, Athletic Director Tennessee Tech University P. O. 5057 Cookeville, TN 38505 Phone: 931-372-3940 Fax: 931-372-3114 mwilson@tntech.edu Operational Purposes (Dining Services): Sam Holm, Director, Dining Services Tennessee Tech University P. O. 5177 Cookeville, TN 38505 Phone: 931-372-3276

Sam.holm@compass-usa.com The Contractor:

[NAME AND TITLE OF CONTRACTOR CONTACT PERSON] [CONTRACTOR NAME] [ADDRESS] [TELEPHONE NUMBER] [FACSIMILE NUMBER] [EMAIL ADDRESS]

All instructions, notices, consents, demands, or other communications shall be sent in a manner that verifies proof of delivery. Any communication by facsimile transmission shall also be sent by United States mail on the same date of the facsimile transmission. Changes to the Contract shall not be effective until agreed to, in writing, by both parties.

F.2 Incorporation of Additional Documents. Included in this Contract by reference are the following documents:

(a) This Contract document, its attachments and amendments (b) The University’s Request for Proposal for Beverage Exclusivity, and its associated amendments (c) The Contractor’s Response to the University’s Request for Proposal.

In the event of a discrepancy or ambiguity regarding the Contractor’s duties, responsibilities, and performance under this Contract, these documents shall govern in the order of precedence detailed above.

F.3 Prohibited Advertising. The Contractor shall not refer to this Contract or the Contractor’s relationship with the University hereunder in commercial advertising in such a manner as to state or imply that the Contractor or the Contractor's services are endorsed.

ADDITIONAL PROVISONS MAY BE ADDED TO THE CONTRACT AS NECESSARY.

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IN WITNESS WHEREOF:

[CONTRACTOR LEGAL ENTITY NAME]:

[NAME AND TITLE] Date

TENNESSEE TECHNOLOGICAL UNIVERSITY:

Dr. Claire Stinson, Vice President for Planning & Finance

Date

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PRO FORMA CONTRACT ATTACHMENT A

BEVERAGE VENDING LIST

As of Fall 2019

ACADEMIC BUILDINGS ADMINISTRATIVE BUILDINGS

Vending - Glass Front Henderson Vending - Glass Front Roaden University Center

Vending - Glass Front Johnson Vending - Glass Front Facilities

Vending - Bottle Foundation Vending - Bottle Library

Vending - Bottle T. J. Farr Vending - HG Glass Front Library

Vending - Glass Front Bell Hall Vending - Bottle Derryberry

Vending - Bottle Bell Hall Vending - Glass Front STEM Center

Vending - Bottle Prescott Vending - Glass Front Clement Vending - HG Glass Front Bell Hall Vending - Glass Front Foundation

Vending - Glass Front Oakley Vending - Glass Front Fitness Center

Vending - HG Bottle Pennebaker Vending - Can Facilities

Vending - Bottle Matthew Daniels Vending - Can Derryberry

Vending - Bottle Lewis Vending - Glass Front Library

Vending - Bottle Memorial Gym Vending - Bottle Ag Pavilion

Vending - Bottle Pennebaker Vending - Bottle Alumni

Vending - Glass Front Southwest Vending - Bottle University Services

Vending - Bottle Craft Center RESIDENCE HALLS

Vending - Bottle Bruner Vending - Glass Front New Hall South

Vending - Bottle Foster Vending - Bottle New Hall North

Vending - Glass Front App Center for Craft Vending - Glass Front Maddux

Vending - HG Bottle Brown Vending - Glass Front MS Cooper

Vending - HG Bottle Foster Vending - Glass Front Evins

Vending - HG Bottle Johnson Vending - Glass Front Browning

Vending - Bottle Bartoo Vending - Glass Front Jobe

Vending - Bottle Kittrell Vending - HG Glass Front Crawford

Vending - Can Brown Vending - Bottle Ellington

TECH VILLAGE Vending - Bottle Pinkerton

Vending - Bottle Tech Village Laundry Vending - Bottle Crawford

Vending - Bottle Tech Village Comm Center Vending - Bottle Browning

Vending - HG Bottle Warf

Vending - Bottle Warf

Vending - HG Bottle New Hall North

Vending - HG Bottle MS Cooper

Vending - Bottle New Hall South

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PRO FORMA CONTRACT ATTACHMENT B

ATTES T ATIO N RE PERSONNEL USE D IN CO NTR ACT PERFO RM ANCE

CONTRACT NUMBER:

CONTRACTOR LEGAL ENTITY NAME:

FEDERAL EMPLOYER IDENTIFICATION NUMBER:

(or Social Security Number)

The Contractor, identified above, does hereby attest, certify, warrant, and assure that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract.

SIGNATURE & DATE:

NOTICE: This attestation MUST be signed by an individual empowered to contractually bind the Contractor. If said individual is not the chief executive or president, this document shall attach evidence showing the individual’s authority to contractually bind the Contractor.

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ATTACHMENT 6.3

PROPOSAL TRANSMITTAL AND STATEMENT OF CERTIFICATIONS AND ASSURANCES The Proposer must complete and sign this Technical Proposal Transmittal. It must be signed, in the space below, by an individual empowered to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it.

The Proposer does hereby affirm and expressly declare confirmation, certification, and assurance of the following:

1. This proposal constitutes a commitment to provide all goods and/or services as defined in the RFP Attachment 6.2, Pro Forma Contract, Scope of Goods and/or Services for the total contract period and confirmation that the Proposer shall comply with all of the provisions in this RFP and shall accept all terms and conditions set out in the RFP Attachment 6.2, Pro Forma Contract. A Proposal that limits or changes any of the terms or conditions contained in

the Pro Forma Contract may be considered by Tennessee Tech, in its sole discretion, non-responsive and may be rejected.

2. The information detailed in the proposal submitted herewith in response to the RFP is accurate.

3. The proposal submitted herewith in response to the RFP shall remain valid for at ninety (90) days subsequent to the date of the Revenue Proposal opening and thereafter in accordance with any contract pursuant to the RFP.

4. The Proposer shall comply with all applicable state and federal laws and regulations, including Tennessee Tech policies and guidelines in the submission of its Proposal and, if the successful Proposer, in the performance of the Contract.

5. The Proposer shall comply with all of the provisions in the subject RFP.

6. The Proposer certifies, by signature below and submission of this proposal, to the best of its knowledge and belief, that it and its principals:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State department or agency;

b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offense in connection with, obtaining attempting to obtain, or performing a public (Federal, State, or Local) transaction or grant under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or Local) with commission of any of the offenses listed in section b. of this certification; and

d. have not within a three (3) year period preceding this Contract had one or more public transactions (Federal, State, or Local) terminated for cause or default.

SIGNATURE & DATE:

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ATTACHMENT 6.4

PROJECT NARRATIVE AND DESCRIPTION

I. SCOPE

A. Tennessee Tech is currently contracting approximately 60 vending machines on its campus. Annual sales exceeded $140,000 in fiscal year 2019. Many opportunities are available for service to the 11,000+ students, faculty and staff on campus.

B. Exclusive Rights. Unless otherwise noted herein, Contractor shall have exclusive* rights to the sales of Beverages on the University’s campus. The University will grant exclusive rights to the Contractor for all products sold through its Dining Services contractor. The University agrees that unless otherwise agreed to by Contractor, the University and its contracted Dining Services operator (currently Chartwells) shall purchase all Beverage products from Contractor provided that Contractor is able to supply the product or an approved similar product, which is desired for purchase.**

*Note: The University currently has a contract with Chartwells for operation of its Dining Services. Chartwells will be required to honor the exclusivity of this Contract; however, the Contractor shall be required to honor national, regional and local pricing with Compass Group USA for purchases by Chartwells, which would otherwise be governed by this Contract. In addition, the Chartwells contract provides right of first refusal to Chartwells for catered events above $300. Any event not catered by Chartwells will also be exempt from this Contract. Pricing for products purchased directly by the University shall be based upon pricing as contained in the Contract.

C. Joe L. Evins Appalachian Craft Center Exclusivity. The University contracts with Blue Water Grille on the Hill for operation of Dining Services at the Joe L. Evins Appalachian Craft Center (hereinafter “Craft Center”). Blue Water Grille on the Hill provides Dining Services to small groups of fifty (50) or less persons which include students, faculty, workshop participants, walk-in visitors or any combination thereof. This location has been excluded from previous beverage exclusivity agreements.

D. Athletics and other Concessions Exclusivity. Chartwells currently operates the concessions venues for events held in the University’s Athletic facilities. The concessions for the Hyder-Burks Agricultural Pavilion are operated by an outside contractor. Contractor shall exclusive rights to the sales of Beverages at Athletics locations and at the Hyder-Burks Agricultural Pavilion. For concessions operators other than Chartwells, the price for Beverages sold to the concession operators shall not exceed the price paid by the University for the same item.

II. OBJECTIVES:

The University’s goal, as it relates to this Contract, is to meet the following objectives:

A. Increase Beverage Profits. The University wishes to increase profits through state of the art vending equipment, efficient beverage distribution and competitive pricing and commissions as elements of an exclusive, long-term agreement. The successful Proposer will work with the University to improve sales and availability of beverages at University facilities. These services are highly visible factors that influence the recruitment, retention and overall satisfaction of the University's students.

B. Build University Partnerships and Support. Several University departments sponsor events and special programs throughout the year. Significant exposure occurs at many of these events through the students, alumni and community. Tennessee Tech recognizes and supports the mutual benefits derived from corporate sponsorship of these programs.

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C. Generate Marketing/Sponsorship Profits. The University offers a diverse package of sponsorship deliverables that it will provide to the successful proposer as an amenities program, in return for financial compensation through a mutually profitable Beverage Contract.

Additional specifications and requirements are set out in Attachment 6.5.

III. SALES VOLUME & EQUIPMENT

A. Vending sales volume and current pricing from the University’s existing beverage exclusivity contract for the period of July 1, 2018 through June 30, 2019 were as follows:

Product Type Volume (Raw Cases) Units

Merchandise Rate

15.2oz 12L 153 1840 $ 1.50

18.5oz 12L 92 1101 $ 1.50

20oz 24L 2,601 62424 $ 1.50

20oz 24P 471 11315 $ 1.50

Can 12oz 12L 315 3778 $ 1.00

Can 12oz 6P 114 2737 $ 1.00

Can 15oz 12L 406 4877 $ 2.50

Can 16oz 24L 59 1409 $ 2.50

B. The University Store purchases from the University’s existing soft drink provider for the period of July 1, 2018 through June 30, 2019 were as follows:

Product Description

Volume

(Raw Cases)

Product Description

Volume

(Raw Cases)

Product Description

Volume

(Raw Cases)

1 Liter 12L 13 18.5oz 12L 29 Can 12oz 12L 3

1 Liter 15L 14 20oz 24L 250 Can 15oz 12L 21

13.7oz 12L 51 375ml 4P 8 Can 16oz 12L 30

15.2oz 12L 12 700ml 12L 24 Can 16oz 24L 20

Can 6.5oz 12L 3

C. Chartwells purchases from the University’s existing soft drink contract for the period of July 1, 2018 through June 30, 2019 were as follows: (quantities include sales from athletics concessions)

Product Description

Volume

(Raw Cases)

Product Description

Volume

(Raw Cases)

Product Description

Volume

(Raw Cases)

1 Liter 12L 65 16.9oz 24P 664 BIB 3G 3,000

1 Liter 15L 72 18.5oz 12L 233 BIB 5G 5,496

12oz 12L 8 2.8oz 12L 6 Can 12oz 12L 111

12oz 8P 53 20oz 12L 3 Can 15oz 12L 65

13.7oz 12L 72 20oz 24L 3,042 Can 16oz 12L 310

14oz 12L 47 700ml 12L 70 Can 16oz 24L 90

15.2oz 12L 442 BIB 1G 43 Can 6.5oz 12L 10

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D. Tennessee Tech currently has beverage vending located in the following buildings:

ACADEMIC BUILDINGS ADMINISTRATIVE BUILDINGS

Vending - Glass Front Henderson Vending - Glass Front Roaden University Center

Vending - Glass Front Johnson Vending - Glass Front Facilities

Vending - Bottle Foundation Vending - Bottle Library

Vending - Bottle T. J. Farr Vending - HG Glass Front Library

Vending - Glass Front Bell Hall Vending - Bottle Derryberry

Vending - Bottle Bell Hall Vending - Glass Front STEM Center

Vending - Bottle Prescott Vending - Glass Front Clement Vending - HG Glass Front Bell Hall Vending - Glass Front Foundation

Vending - Glass Front Oakley Vending - Glass Front Fitness Center

Vending - HG Bottle Pennebaker Vending - Can Facilities

Vending - Bottle Matthew Daniels Vending - Can Derryberry

Vending - Bottle Lewis Vending - Glass Front Library

Vending - Bottle Memorial Gym Vending - Bottle Ag Pavilion

Vending - Bottle Pennebaker Vending - Bottle Alumni

Vending - Glass Front Southwest Vending - Bottle University Services

Vending - Bottle Craft Center RESIDENCE HALLS

Vending - Bottle Bruner Vending - Glass Front New Hall South

Vending - Bottle Foster Vending - Bottle New Hall North

Vending - Glass Front App Center for Craft Vending - Glass Front Maddux

Vending - HG Bottle Brown Vending - Glass Front MS Cooper

Vending - HG Bottle Foster Vending - Glass Front Evins

Vending - HG Bottle Johnson Vending - Glass Front Browning

Vending - Bottle Bartoo Vending - Glass Front Jobe

Vending - Bottle Kittrell Vending - HG Glass Front Crawford

Vending - Can Brown Vending - Bottle Ellington

TECH VILLAGE Vending - Bottle Pinkerton

Vending - Bottle Tech Village Laundry Vending - Bottle Crawford

Vending - Bottle Tech Village Comm Center Vending - Bottle Browning

Vending - HG Bottle Warf

Vending - Bottle Warf

Vending - HG Bottle New Hall North

Vending - HG Bottle MS Cooper

Vending - Bottle New Hall South

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E. The contracted Dining Services has the following beverage equipment:

IV. STUDENT ENROLLMENT, RESIDENCY AND NUMBER OF EMPLOYEES

A. Enrollment. The University’s Fall term head count for the past 4 years:

B. Number of University Employees as of January 2, 2020:

Full-time Part-time Total

Faculty 436 0 436

Admin 429 9 438

Clerical & Support 297 6 303

Adjunct 0 225 225

Total 1,162 240 1,402

C. Residential Life Facility Occupancy Information. The University is currently involved in an ongoing residential hall renovation project. This project is estimated to continue through 2022. Historical information regarding on-campus residential facility occupancy is as follows:

THE CAF (RESIDENTIAL DINING) WHICH WICH CATERING

(3) 10-head Fountain Dispensers (1) 8-head Fountain Dispensers (4) 2-Door Reach-in Cooler

(1) Freestyle Fountain Dispenser (1) Single Door Reach-in Cooler (1) 8-head Fountain Dispensers

(1) Tea Dispenser (6) Bottle Coolers

SWOOPS (RETAIL DINING) AU BON PAIN CONCESSIONS

(1) 10-head Fountain Dispensers (1) Single Door Reach-in Cooler (4) 2-Door Reach-in Cooler

SWOOPS: CHICK-FIL-A MARKET: NEW HALL SOUTH MARKET: SWOOPS

(1) Single Door Reach-in Cooler (6) Single Door Reach-in Cooler (6) Single Door Reach-in Cooler

(2) 8-head Fountain Dispensers SWOOPS: STEAK N SHAKE MARKET: MCCORD SWOOPS: STARBUCKS

(1) Single Door Reach-in Cooler (3) 2-Door Reach-in Cooler (1) Open-Air Cooler

(2) 8-head Fountain Dispensers

Fall Enrollment: Headcount

2016 2017 2018 2019

Undergraduate 9,437 9,365 9,006 8,957

Graduate 1,055 1,139 1,180 1,183

Total 10,492 10,504 10,186 10,140

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V. ATHLETIC EVENT EXPOSURE

A. Spectator attendance at home games since 2015:

2015 2016 2017 2018 2019

Football 32,779 33,765 33,023 29,053 40,203

Men's Basketball 23,524 27,972 25,031 27,624 26,062

Women's Basketball 12,989 18,369 14,060 20,779 27,260

Soccer 5,456 3,916 3,152 3,235 2,515

Volleyball 3,532 2,487 1,957 3,917 2,703

Baseball 6,409 5,224 6,060 8,552 4,801

Softball 2,239 1,825 675 1,308 1,682

Total 88,943 95,574 85,975 96,486 107,245

Residence Halls: Fall Term Occupancy

2016 2017 2018 2019

Capacity 2,020 2,018 1,926 2,071

Fall Occupancy 1,839 1,870 1,799 1,819

Occupancy % 91.0% 92.7% 93.4% 87.8%

Tech Village Apartments: Fall Term Occupancy

2016 2017 2018 2019

Total Apartments 227 227 227 227 Rented Apartments 223 221 225 225

# of Occupants (students) 98.2% 97.4% 99.1% 99.1%

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ATTACHMENT 6.5

Proposal Page # (Proposer

completes) Section A— Mandatory Requirement Items

A.1 Provide the Proposal Transmittal and Statement of Certifications and Assurances (Attachment 6.3.) completed and signed by an individual empowered to bind the Proposer to the RFP provisions and any resulting contract.

A.2 Provide a statement, based upon reasonable inquiry, of whether the Proposer or any individual who shall perform work under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee or Tennessee Tech) and, if so, the nature of that conflict. Determination of conflict of interest shall be solely within the discretion of Tennessee Tech, and Tennessee Tech reserves the right to cancel any award.

A.3 Provide a current bank reference indicating that the Proposer’s business relationship with the financial institution is in positive standing. Such reference must be written in the form of a standard business letter, on bank letterhead, signed, and dated within the past three (3) months.

A.4 Provide a completed Contractor Requirements Form (Attachment 6.1).

A.5 Provide report samples and a narrative on technology used to meet the reporting requirements included below. a) The Contractor shall remit to the University monthly electronic reports (within 30 days

following the end of the sales period) which shall detail the following: • Monthly sales and case sales by machine • Monthly sales break-down by product

b) Reports must be in MS Excel or compatible format.

A.6 Proposer must be able to provide a wide assortment of Beverages, as defined and referenced in Section A of the ProForma Contact, RFP Attachment 6.2. Provide an overview of your capabilities and commitment with regard to this requirement.

A.7 The Contractor agrees to comply with the provisions outlined in the Payment Card Industry Data Security Standard (PCI DSS) and adhere to the merchant level vulnerability testing. Provide information related to Proposer’s compliance with this requirement.

A.8 Contractor agrees to implement and maintain a written comprehensive information security program containing administrative, technical and physical safeguards for the security and protection of applicable Personal Information in compliance with the Gramm-Leach-Bliley Act (“GLBA”)(15 U.S.C. § 6801; 16 CFR Part 314) and the Federal Trade Commission’s Red Flags Rule (15 U.S.C. § 1681; 16 CFR Part 681). Upon University’s request, Contractor shall provide evidence that is satisfactory to University of its information security program. Provide information related to Proposer’s compliance with this requirement.

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ATTACHMENT 6.5

TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION B

QUALIFICATIONS & EXPERIENCE

The Proposer must address ALL Qualifications and Experience section items and provide, in sequence, the information and documentation as required (referenced with the associated item references). A Proposal Evaluation Team, made up of three or more Tennessee Tech employees, will independently evaluate and score the proposal’s “qualifications and experience” responses.

PROPOSER NAME:

Proposal Page # (Proposer

completes) Section B— Qualifications & Experience Items

Max Points

B.1 Provide information about the qualifications and capabilities of the Proposer, including recent, relevant systems experience as it relates to pouring rights agreements. Thoroughly describe how the Proposer has supplied this same expertise for similar institutions. The following shall be included: a) Current organization’s name, address, telephone number, and email

address b) Date that organization was established c) Size of the organization d) The number of years established in business, including operation under

other firm names, providing services same or similar as described herein.

e) Principal place of business and number of other facilities f) Other related business ventures g) Name and title of officers or individuals who will be responsible for this

account. Indicate the person(s) who will be authorized to make representations for the proposer. Include their titles, addresses, and telephone numbers

h) List any contracts cancelled or not renewed in the last five years, including a contact person for each account

B.2 Provide a statement of whether the Proposer or any of the Proposer’s principals, agents, independent contractors, or subcontractors have been convicted of, pled guilty to, or pled nolo contendere to any felony, and if so, an explanation providing relevant details.

B.3 Provide a statement of whether there have been any mergers, acquisitions, or sales of the Proposer’s company within the last ten years, and if so, an explanation providing relevant details

B.4 Provide a statement of whether there is any pending litigation against the Proposer; and if such litigation exists, an attached opinion of counsel as to whether the pending litigation will impair the Proposer’s performance in a contract under this RFP.

B.5 Provide a statement of whether, in the last ten years, Proposer has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation

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providing relevant details.

B.6 Provide a statement of whether there are any pending Securities Exchange Commission investigations involving the Proposer, and if such are pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending investigation(s) will impair the Proposer’s performance in a contract under this RFP.

B.7 Provide a narrative describing the corporate/company history of the firm that should include previous experience in beverage pouring rights agreements. Include history, structure, management, number of years involved in beverage pouring rights agreements and any other applicable information.

B.8 Indicate the Proposer organization’s number of employees, client base, and

locations of offices.

B.9 Operators must ensure that employees hired by the company comply with all local and federal regulations regarding citizenship, work permits and legal status. Firms will also be responsible to complete and provide for college review level two background checks and drug tests. a) The proposal must contain the expected staff levels necessary to

provide adequate service during normal periods and peak activity periods at all locations.

b) An organizational chart describing the organizational structure must be provided.

c) The function and basic responsibilities of key management and supervisory positions should be outlined.

B.10 Provide a list of at least three references, preferably higher education clients, for which proposer has/had a pouring rights agreement within the last five (5) years. Each reference is to include: a) Institution’s name and business address b) Name, title, telephone number, and email address of the individual able

to provide information regarding Proposer’s services

TOTAL POINTS FOR SECTION B 20

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ATTACHMENT 6.5

TECHNICAL PROPOSAL & EVALUATION GUIDE — SECTION C

TECHNICAL APPROACH

The Proposer must address ALL Technical Approach section items and provide, in sequence, the information and documentation as required (with the associated item references). A Proposal Evaluation Team, made up of three or more Tennessee Tech employees, will independently and impartially evaluate and score the proposal’s response to each item.

PROPOSER NAME:

In response to each section, describe your level of support, capabilities, and actions to be taken. Unless otherwise specified herein, Contractor is responsible for furnishing all material, labor, facilities, equipment and supplies necessary to perform the services required herein.

Proposal Page # (Proposer completes)

Section C— Technical Approach Max

Points

C.1 Vending. The Proposer must address the vending program based on requirements of this proposal. a) All vending equipment shall be attractive, high quality, current models.

Provide detailed information regarding the following categories. Tennessee Tech requires that all equipment and service procedures be maintained at the then state-of-the-art condition over the entire term of the contract.

• List of new, direct from the factory, machines to be installed on campus.

• List of like-new, refurbished, beverage dispensing equipment, to be installed on campus

• State-of-the-art features available on installed equipment

b) Proposer shall provide a complete product list with portions sizes available.

c) At a minimum all vending machines will be equipped to accept the following:

• Coins, • $1 and $5 bills, • University ID card accounts, • And Debit and Credit Cards.

d) Contractor shall provide service, maintenance and repair of all applicable vending equipment within twenty-four (24) hours, seven (7) days a week, at no cost to the University or its contractors. Respondent must describe their process for requesting service/maintenance, response time and contact information.

e) Pursuant to Tennessee Code Annotated (TCA) 53-12-107, all vending machines shall use energy efficient lights for advertising purposes or have the lights used solely for advertising purposes removed entirely from the vending machine. Respondent must include a statement regarding energy efficiency of vending machines.

f) Contractor shall service machines twice each week. All equipment shall be maintained in clean and excellent operable condition. Contractor shall be available as needed to service and repair machines. Respondent must include a schedule for servicing and/or restocking machines during peak times and slow times on campus.

g) Contractor will work out satisfactory arrangements, with the approval of

7

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the University Business Office, for the payment of refunds due individuals for machine failures and for the reporting of machines that are not operating properly. Respondent must address their refund policy.

h) Proposer should submit with their RFP renderings of machine front for any custom Tennessee Tech graphics that may be used on machines.

i) Proposer must work with the University to introduce innovative technologies related to vending equipment and services. Include examples of such technologies.

C.2 Pouring Rights. a) All equipment shall be attractive, high quality, current models. Provide

detailed information regarding the following categories. Tennessee Tech requires that all equipment and service procedures be maintained at the then state-of-the-art condition over the entire term of the contract.

• List of new, direct from the factory, machines to be installed on campus.

• List of like-new, refurbished, beverage dispensing equipment, to be installed on campus

• State-of-the-art features available on installed equipment

b) Proposer shall provide a complete product list. c) Contractor shall provide service, maintenance and repair of all

applicable fountain equipment within twenty-four (24) hours, seven (7) days a week, at no cost to the University or its contractors. Proposer must describe their process for requesting service/maintenance, response time and contact information.

d) Proposer must work with the University to introduce innovative technologies related to pouring equipment and services. Include examples of such technologies.

7

C.3 Tennessee Tech’s President, Dr. Phil Oldham, stated that the University’s Strategic Plan is “designed to capture the energy, information, and innovation from our campus community and to share clear strategic direction across campus”. Please identify any initiatives or programs your company has to offer that support one or more of these strategic goals.

e) Education for Life: Tennessee Tech provides education that unleashes the potential and passion within our students and prepares them for successful careers and culturally enriched lives. TTU also provides educational opportunities, programs, credentials, and degrees to fuel the lifelong learning necessary for enduring achievement.

f) Innovation in All We Do: Tennessee Tech innovates in all we do, embracing and deploying our technological foundation in our education, research, service, and stewardship.

g) Exceptional Stewardship: Tennessee Tech is committed to optimizing resources and continuously improving effectiveness, efficiency, and return on investment for students.

h) Engagement for Impact: Tennessee Tech fosters partnerships with government, business, and non-profit organizations to advance economic and workforce development, create and disseminate knowledge, serve the public good, and generate cultural impact.

Do not include financial information related to this section in your Technical Proposal response. Related financial information should be included only in the Revenue Proposal.

4

C.4 Athletics. Please provide information related to the following Athletics

offerings: 7

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a) Proposer is to address exclusive pouring and concessions opportunities

in current and future TTU Athletics facilities based on requirements of the RFP.

b) Contractor must agree to make changes to advertising panels or digital content for any videoboard, scoreboard or signage locations or changes in logos, trademarks, etc., at Contractor’s expense.

c) Contractor shall provide all Bobby Nichols Golf Tournament signage, as mutually agreed upon by the University and the Contractor.

Do not include financial information related to this section in your Technical Proposal response. Related financial information should be included only in the Revenue Proposal.

C.5 The University promotes campus green initiatives as much as possible. The Contractor will be expected to participate in and support the University’s recycling efforts. Please identify any recycling initiatives or programs that would be available to the University if your company is the successful Proposer. Do not include financial information related to this section in your Technical Proposal response. Related financial information should be included only in the Revenue Proposal.

3

C.6 Provide a list of proposed product tasting, product launches, and other product promotions that may be used at Tennessee Tech through the duration of this Contract. Indicate what events, Athletics and non-Athletics, might include such opportunities and the expected benefits of the promotions.

2

TOTAL POINTS FOR SECTION C 30

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ATTACHMENT 6.6

REVENUE PROPOSAL

PROPOSER NAME:

SIGNATURE & DATE:

Revenue Item Description

Below are the mandatory items to be addressed in the Revenue Proposal. Revenue amounts are to be inserted on the attached spreadsheet. Failure to meet the minimum requirements of this section may be grounds for disqualification of proposal without further consideration.

Unless otherwise noted, for evaluation purposes for gift-in-kind or other non-cash sponsorships/ donations, the Proposer is required to list Proposer’s actual cost for the items, which will be used to determine the total value of the donations. For evaluation purposes for vending commissions, the University will multiply the calendar year 2019 vending sales times the proposed commission rate to yield the year 1 commission amount and extrapolate the commissions over the 10-year term allowing for a 2.5% increase each year.

A. Financial Considerations – Non-Athletics Cash Commitments and Commissions

The Proposer is required to state their proposed financial return as indicated by completion of the financial return worksheet shown below. These are suggested categories of support and may be amended as required by the proposer. Proposed annual dollar commitment for exclusive pouring rights.

1. Proposed one-time signing bonus paid to the University.

2. Proposed vending commission (minimum of 55%) to be paid to the University for vending machine sales.

3. Proposed guaranteed commission for vending machine sales to be provided annually for years 1 through 10 of contract.

4. Support of University Strategic Plan.

5. Support of University sustainability initiatives.

B. University Partnerships

Several departments sponsor events and special programs throughout the year. Significant exposure occurs at many of these events through the students, alumni and community. Tennessee Tech recognizes and supports the mutual benefits derived from corporate sponsorship of these programs. Respondent should identify the level of support they will contribute annually to these events through areas such as product donations, giveaways, and/or financial relief. Respondent should specifically note any expectations or conditions necessary for a successful partnership.

1. Week of Welcome: Week of Welcome is Tennessee Tech’s new and current student welcome back event that begins with Great Move-In Day and continues throughout the first week of the

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fall semester. There are a variety of events to connect students with organizations, clubs, and campus. Approximately 4,000 – 5,000 students participate in these events throughout the week.

2. Spring Welcome: Spring Welcome is our new student welcome week hosted the first week of the spring semester. Similar to Week of Welcome, this program focuses on getting our new students connected with campus life and resources. We expect between 150 – 300 new students to participate in the events hosted during Spring Welcome.

3. University Preview Day: Preview Day is Tennessee Tech’s Fall open house and allows prospective undergraduate students to explore our campus and local community. We expect between 400 – 700 prospective students plus their families for a total of about 1,400 people each year at this event.

4. Family Weekend: Family Weekend welcomes Tennessee Tech families back to campus each year to explore college life and programs their students are involved in. Students are able to showcase different labs, projects, and other activities hosted by colleges, schools, and their organizations allowing parents, families, and siblings to see what college life is like for their Golden Eagle. We expect between 2,000 – 3,000 families to join us during the weekend’s events.

5. Lighting the Quad: Lighting the Quad is Tennessee Tech’s annual holiday event, filled with music, fun and fellowship. It is held in late November, when the historic quad’s holiday lights are lit, followed by a party in Memorial Gym. The University welcomes more than 1,000 students, staff, and community members each year for this event.

C. Gift-in-Kind Sponsorships

1. Proposed annual gift-in-kind provided to University non-Athletics events.

2. Proposed annual product and equipment for TTU athletics use annually: a) Eagles Nest Hospitality Product

Contractor shall provide a fountain machine and a full range of fountain beverage products for the Eagles Nest in the Hooper Eblen Center (soda, diet soda, and a variety of others options for a total of eight choices) using Bag in Box product with 14/16 oz. cups year round (32 bags in box and 10 cases of cups annually)

b) Bottled/Canned Beverage Products for Athletic Special Events

Contractor shall provide products as needed at no charge for special events, including but not limited to Golden Wings Awards, Caravans, Tailgates, Gathering of Eagles, Legends Events, among others (minimum of 1,400 cases annually). Beverage sponsor will be recognized as an event sponsor for TTU Athletics events for which it donates product.

c) Sports Drink Equipment and Products for Team

In order to provide exclusivity on “sideline beverages” (beverages consumed by any athletic team during an athletic contest in full view of the general public), these products must be provided at no cost. Each year of the contract, the training room will need the following: (Note: Items may be branded with sports drink name for advertising purposes.)

Sideline Coolers 25 each

14-16 oz. Gatorade Cups 75 cases

Individual Squeeze Bottles 400 each

Powder to make sports drink

100 cases

Carriers for Sport Bottles 5 cases

Chest Coolers 10 each

Towels 500 each

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d) Nutritional Products for Teams If nutritional products are made by Contractor, Contractor shall provide. at no cost to TTU Athletics, a minimum of $5,000 (retail value) in Contractor branded nutritional supplements such as protein shakes, energy bars, chews, etc., for use by its teams.

D. Athletics Partnership

1. Proposed one-time signing bonus (minimum of $50,000).

2. Proposed annual Marketing/Exclusivity Fee (minimum of $20,000). Note: The University, in its sole discretion, reserves the right to receive cash or an equivalent amount of promotional events and advertising provided by the Contractor for the Marketing/Exclusivity Fee.

3. Proposed annual event sponsorship (minimum of $10,000).

4. Proposed annual scholarship fund contribution (minimum of $10,000).

5. Annual Sponsorship Opportunities: (minimum of $54,430, to include items listed below)

(a) TTUsports.com Website ($3,000 Per Year) – The TTU Athletics website will include a button ad with link-through capability to Contractor’s website on the ttusports.com homepage.

(b) Program Advertising ($1,680 Per Year) - Contractor will receive one (1) full page, inside cover, color advertisement in game programs for both football and basketball each season.

(c) Public Address Announcements ($2,750 Per Year) - Contractor shall receive one (1) 10-second public address announcement at each home football and basketball game.

(d) Game Promotions ($10,000 Per Year) - Contractor will receive in-game promotion opportunities at home football and basketball games on mutually selected dates.

(e) Tucker Stadium Videoboard Signage ($5,000 Sponsorship Per Year) - Contractor shall receive its logo featured on the Tucker Stadium videoboard for twelve (12) minutes during each home football game.

(f) Tucker Stadium Exit Tunnel Signage ($8,000 Per Year) – Contractor shall receive four (4) of ten (10) permanently placed signs above an exit tunnel at Tucker Stadium.

(g) Tucker Stadium Field Level Signage ($6,000 Per Year) - Contractor shall receive four (4) of twelve (12) 3’ x 8’ signs each featuring 2-sided panels placed on the track at field level during home football games.

(h) Hooper Eblen Videoboard Signage ($10,000 Sponsorship Per Year) – Contractor shall receive its logo featured on the Hooper Eblen Center videoboard rings and digital scorer’s table for 12 minutes during each home basketball game.

(i) Hooper Eblen Stage Signage ($2,000 Sponsorship Per Year) - Contractor’s name and logo shall appear on 3’ x 8’ lighted sign on the Hooper Eblen Center stage.

(j) Scoreboard Signage-Baseball, Soccer and Softball ($6,000 Per Year) – Contractor shall receive scoreboard signage or comparable digital content in two locations at each venue.

6. Proposed amount for title sponsor of the annual Bobby Nichols Golden Eagle Scramble golf tournament (minimum of $25,000).

ATTACHMENT 6.7

SCORE SUMMARY MATRIX

PROPOSER NAME PROPOSER NAME PROPOSER NAME

QUALIFICATIONS & EXPERIENCE (maximum: 20 points)

EVALUATOR NAME

EVALUATOR NAME

REPEAT AS NECESSARY

AVERAGE/

TOTAL:

AVERAGE/

TOTAL:

AVERAGE/

TOTAL:

TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH (maximum: 30 points)

EVALUATOR NAME

EVALUATOR NAME

REPEAT AS NECESSARY

AVERAGE/

TOTAL:

AVERAGE/

TOTAL:

AVERAGE/

TOTAL:

REVENUE PROPOSAL (maximum: 50 points)

SCORE:

SCORE:

SCORE:

TOTAL RESPONSE EVALUATION SCORE:

(maximum: 100 points)

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ATTACHMENT 6.8

Proposer Checklist for Prevention of Common RFP Mistakes that lead to Proposal Rejection*

1. Attachment 6.5 Section A – Mandatory Requirements:

Completed, signed and dated Proposal Transmittal and Statement of Certifications and Assurances (A.1)

Statement regarding Conflict of Interest (A.2) Current Bank Reference (A.3) Completed and signed Contractor Requirements Form (A.4) ___ Reporting Technology (A.5) ___ Commitment to provide product assortment (A.6) ___ PCI Compliance (A.7) ___ Data Security Requirements Compliance (A.8)

2. Submission of Proposal:

On-Time Submittal per deadline contained in Section 2, Schedule of Events Separately Sealed Revenue & Technical Proposals NO Revenue or Gift-in-Kind Proposal Data of ANY type in Technical Proposal

One (1) original Technical Proposal One (1) electronic copy of Technical Proposal Six (6) copies of Technical Proposal One (1) original Revenue Proposal One (1) electronic copy of Revenue Proposal Two (2) copies of Revenue Proposal

* This checklist does not represent either a complete list of, or replacement for, the mandatory requirements listed in the RFP. This checklist is ONLY A TOOL meant to assist in the prevention of disqualification.