COMMONWEALTH OF VIRGINIAVIRGINIA WESTERN COMMUNITY COLLEGEREQUEST FOR PROPOSAL RFP # 286-001-2014

Issue Date: January 6, 2014

Title: VCCS Bookstore Operations

Commodity Code: 71588

Issuing Agency: Virginia Western Community CollegeP O Box 14007Roanoke, Virginia 24038

Initial Period Of Contract: April 15, 2014 through April 14, 2019 * (* To be determined following negotiation and renewable)

Sealed Proposals Will Be Received Subject to the Conditions Cited Herein until February 3, 2014 at 2:00 p.m. for Furnishing The Services Described Herein.

All Inquiries for Information Should Be Directed To: Cheryl C. Miller, Vice President of Finance at Virginia Western Community College by phone: (540) 857-6310 or by email to: ccmiller@virginiawestern.edu

If proposals are mailed, send directly to issuing agency shown above. If proposals are hand carried, deliver to: Virginia Western Community College, Fishburn Hall, Second Floor, Room F-212, 3093 Colonial Avenue SW, Roanoke, Virginia 24015.

In compliance with this Request For Proposals (RFP) and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete.

Name And Address Of Firm:

_____________________________________________ Date: ________________________________________

_____________________________________________ By: ________________________________________ (Signature In Ink)

__________________________Zip Code:___________ Name: ________________________________________ (Please Print)

eVA Vendor ID or DUNS #: ______________________ Title: _______________________________________ (Please Print)

eVA member _________Yes __________No Telephone Number: (___)_________________________

E-mail Address: ________________________________ FAX Number: (___)_____________________________

Optional Pre-Proposal Conference: An optional pre-proposal conference will be held at Virginia Western Community College on January 17, 2014 at 10:00 a.m. in the President's Conference Room (F-115) of Fishburn Hall.

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against an offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

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SCHEDULE OF KEY EVENTS

Date

1. Issuance/Advertisement of Request for Proposal January 6, 2014

2. Optional Pre-Proposal Conference at VWCC January 17, 2014

3. Deadline for written Proposal Questions January 20, 2014

4. Receipt of Proposals February 3, 2014

5. Oral Presentations (by selected Offerors) February 24 – March 7, 2014

6. Negotiations with selected Offerors March 10 – March 28, 2014

7. Contract Award April 15, 2014

8. Contract Transition Period April, May, June 2014

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TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

III. STATEMENT OF NEED

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

V. EVALUATION AND AWARD CRITERIA

VI. REPORTING AND DELIVERY INSTRUCTIONS

VII. OPTIONAL PREPROPOSAL CONFERENCE

VIII. GENERAL TERMS AND CONDITIONS

IX. SPECIAL TERMS AND CONDITIONS X. METHOD OF PAYMENT

XI. PRICING SCHEDULE

XII. ATTACHMENTS

A. Vendor Data FormB. State Corporation Commission FormC. Small Business Subcontracting PlanD. Pricing Schedule

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I. PURPOSE:

The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations with a single Contractor for Bookstore Operations to serve the Virginia Community College System (VCCS) colleges. Any or all of the VCCS colleges are hereafter referred to as the Colleges or VCCS. By establishing this optional, open-end contract, which any of its community colleges might adopt at any time during the contract period, the VCCS seeks to leverage its total buying power to secure the best arrangement for its colleges and students. In addition to experience and quality of services, the cost of course materials to students, along with the commission being offered will be the basis for awarding this contract. Virginia Western Community College (VWCC) is serving as the lead institution to establish this master contract on behalf of the VCCS colleges.

II. BACKGROUND:

The VCCS is a system of 23 public two-year community colleges located on 40 campuses across the Commonwealth of Virginia. The VCCS was established by Governor Mills Godwin and the Virginia General Assembly in 1966. To contribute to the economic and civic vitality of the commonwealth and its international competitiveness, the VCCS is committed to increasing access to affordable education and training for more individuals so they acquire the knowledge and skills to be successful in an ever-changing global economy. Achieve 2015, the strategic plan for community colleges, focuses on student access, student success, affordability, workforce, and increasing public resources in support of student success. The VCCS College locator is available at http://www.vccs.edu/about/where-we-are/college-locator/ and a comprehensive list of VCCS colleges including address and contact information is available at http://www.vccs.edu/wp-content/uploads/2013/07/Updated-list-of-VCCS-presidents.pdf

A. Enrollment

In 2012-2013, the VCCS had a combined annual full-time equivalent enrollment of 123,651, an annual headcount of 279,970 and fall headcount of 192,895. The table below summarizes this data for the last five (5) years.

Year College/SystemAnnual full-time

equivalentAnnual

headcountFall headcount

2012-2013 VCCS 123,651 279,970 192,895

2011-2012 VCCS 129,652 288,834 197,226

2010-2011 VCCS 128,416 286,920 195,417

2009-2010 VCCS 122,479 281,239 189,273

2008-2009 VCCS 108,572 262,444 175,487

A breakdown of the headcount and full-time equivalent students by College for the Fall 2013 semester is provided below.

Fall 2013 Enrollment by College

College Headcount FTE

BLUE RIDGE 4,694 2,698

CENTRAL VIRGINIA 4,906 2,529

Fall 2013 Enrollment by College - continued

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College Headcount FTE

DABNEY S. LANCASTER 1,463 795

DANVILLE 4,420 2,479

EASTERN SHORE 990 556

GERMANNA 7,520 4,162

J. SARGEANT REYNOLDS 12,846 7,106

JOHN TYLER 10,145 5,391

LORD FAIRFAX 7,288 3,936

MOUNTAIN EMPIRE 3,089 1,890

NEW RIVER 5,083 2,865

NORTHERN VIRGINIA 51,864 30,891

PATRICK HENRY 3,079 2,102

PAUL D. CAMP 1,493 791

PIEDMONT VIRGINIA 5,693 2,812

RAPPAHANNOCK 3,711 1,904

SOUTHSIDE VIRGINIA 6,042 3,433

SOUTHWEST VIRGINIA 2,766 1,658

THOMAS NELSON 10,942 6,337

TIDEWATER 30,134 18,474

VIRGINIA HIGHLANDS 2,570 1,589

VIRGINIA WESTERN 8,440 4,438

WYTHEVILLE 3,717 2,027

VCCS 192,895 110,863

B. Financial Aid Awards

Over the past five (5) years, the VCCS has witnessed continued growth in its volume of financial aid awards to students. For the most recent full academic year that information is available 100,108 students received financial aid or 34.7% of the total student population. The total value of financial aid awarded was $480.4 million.

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YearStudents receiving

financial aidPercent ofall students

Total amount disbursed

2011-2012 100,108 34.7% $480.4 million

2010-2011 91,838 32.0% $434.5 million

2009-2010 79,127 28.1% $350.0 million

2009-2010 60,112 22.9% $220.0 million

2008-2009 51,922 20.8% $172.6 million

C. Current Bookstore Operations

Bookstore services are provided to students at all VCCS colleges. The primary bookstore providers consist of Follett, Barnes and Noble and Nebraska/Neebo. Commissions offered range from 6% to 11.1 % for gross revenues up to $1 million and increase up to 22% for higher revenues, with colleges owning their own stores earning between 12% and 20%. Bookstore commissions generate approximately $9.7 million annually, with $6.2 million of that revenue coming from colleges who own their own bookstores.

Commissions are used by colleges primarily for student activities, student scholarships, facilities operating, renovation and new construction-related costs, and to cover costs not eligible for state funding.

Currently, there are nine (9) colleges under contract with Follett (BRCC, GCC, JSRCC, PHCC, PVCC, TNCC, RCC, VWCC, WCC), four (4) colleges under contract with Barnes and Noble (CVCC, NVCC, PDCC, TCC) and five (5) colleges under contract with Nebraska/Neebo (JTCC, LFCC, NRCC, SwVCC, VHCC). Five (5) colleges continue to own and manage their own bookstores (DCC, DSLCC, ESCC, MECC, SsVCC). To date, at least two (2) of the colleges who operate their own stores have expressed an interest in participating in this contract.

Contract Expiration dates (not reflecting one-year renewal options or negotiated extensions) are provided in the table below.

Contract Expiration Year Colleges2013 JTCC, SwVCC2014 BRCC, WCC2015 PHCC, PVCC, TNCC, RCC, VWCC, VHCC2016 LFCC, NRCC2017 GCC, JSRCC, NVCC2018 CVCC2022 TCC

All colleges offer a used textbook option for their students and 18 of the 23 colleges offer rental textbook options. All colleges report barriers to increasing both options due to limitations in the number of used textbooks and the requirement for students to present a major credit card for rental textbook options.

D. Textbook Costs

As a result of rising textbook costs over the last decade, combined with concerns for its impact on student success and retention, Chancellor DuBois commissioned a Textbook Costs and Digital Learning Resources Committee in the Spring of 2012 to develop recommendations for reducing the cost of college course materials for VCCS students. The committee consists of a college president, faculty members, deans, academic and finance vice presidents, library, instructional design, financial aid, and information technology staff across sixteen (16) VCCS colleges, as well as the VCCS System Office and one (1) representative from a four (4) year public university that also serves as a member of the State Board for Community Colleges. The charge issued to the committee is as follows:

• examine VCCS administrative practices and policies that unnecessarily add to the cost of academic textbooks

• explore how networked digital technology can best be leveraged to lower the overall cost of textbooks, including using open educational resources

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• investigate ways which currently licensed electronic resources can be used in electronic "ʺcourse packs,"ʺ as a substitute for text books, or for the supplementary material often required for a course of study

• identify opportunities for interested VCCS faculty to explore using openly licensed resources in their courses

• examine the current relevance of printed textbooks in an age of interactive, web-based content, digital publishing, and collaborative social networks

• recommend strategies and policies for creating an institutional culture that embraces and practices openness, transparency, collaboration, and sharing

The committee issued its interim report on September 24, 2013. Contained within the report are recommendations regarding bookstore contracts and procurement opportunities. This RFP is being guided by the recommendations of this group in an effort to balance the need for commissions against the need to reduce textbook and course material costs to our students. In many cases, the cost of textbooks and course materials are cost prohibitive for our students, even with the efforts that have been made over the last decade to increase the availability of used textbooks, and the introduction of rental textbooks. What we have done is simply not enough. The VCCS colleges are committed to doing more.

E. Current Initiatives to Reduce Textbook Costs

The VCCS is actively working to gain the interest and involvement of faculty in reducing textbook costs for its students by supporting several innovative initiatives. Several colleges have been awarded mini-grants through the Chancellor’s Innovation Fund to develop open educational resources for a handful of high enrollment courses on their campuses. The VCCS has also joined other public, post-secondary institutions in the Commonwealth to establish and sponsor the inaugural Open & Digital Learning Resources Conference in order to build awareness of innovative OER initiatives at 2 and 4year institutions across the state.

One of the innovative programs encouraging the use of OER is the Chancellor’s OER Adoption Grant. TheChancellor solicited proposals from faculty of high enrollment VCCS courses to help reduce course costs for their students by adopting free, openly-licensed materials (such as an open textbook, free digital resource, etc.) for their course. Twelve proposals were selected to receive funding to identify, review, and customize existing high quality OER to incorporate as the only required material in their high-enrollment course. The faculty selected, were from twelve VCCS colleges: Blue Ridge, Central Virginia, Germanna, Lord Fairfax, New River, Paul D. Camp, Rappahannock, Southside, Southwest, Thomas Nelson, Tidewater, and Wytheville— each was awarded a Chancellor's OER Adoption Fund grant to replace the textbooks in their high enrollment courses with free and openly licensed course materials.

The twelve high enrollment courses are BIO 101 and 102, BUS 100, CHM 111, CST 100, ENG 111 and 112, HIS 101, ITE 115, MTH 163, PSY 201, and SDV 100. OER Specialists from Lumen Learning reviewed each of the courses for quality and licensing issues, and helped grantees build the courses into Blackboard to pilot during the Fall semester. Approximately 20 sections of these 12 courses are being offered this fall semester, with just as many if not more being planned for the spring semester. In each section, students will pay nothing for their course materials. An informal poll of all twelve OER grantees about the impact of the project on students at their colleges for Fall 2013 showed 520 students were enrolled in 20 sections of the twelve OER courses created through the Chancellor’s OER Adoption Grant. This has generated $91,775 in overall cost savings to students to date.

Source for this entire section: TCDLR Committee Interim Report, dated September 24, 2013

III. STATEMENT OF NEED

A. GENERAL REQUIREMENTS:

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VWCC issues this RFP for the operation and management of VCCS Bookstores. Each college will have its own unique set of operating requirements, which will carry a corresponding set of unique costs. Therefore, this contract is intended to act as a basic master contract, which all colleges may adopt after negotiating to incorporate its requirements that may differ from or not be addressed in this RFP. In general, most Colleges will not desire to make changes in its hours of operations, level of staffing or approach to customer service. However, the flexibility provided under this contract in negotiating individual college service delivery is not intended to result in commission rates that favor some and penalize others. The only exception to this contract for changes in the agreed upon commission rate is when colleges negotiate individually for furnishings and equipment, renovation, and/or construction at their respective colleges, the requirements and the provisions of which are to be negotiated under the terms of this contract and included in the final award documents.

During the term of the contract between the Contractor and the Colleges, the Contractor shall furnish all labor, equipment, technology, goods, and materials required to operate a full service Bookstore at a pre-determined location on each campus, along with a fully functioning on-line mail-order Bookstore, capable of offering a full array of textbook and course materials and other store items for download, shipping and/or store pickup in accordance with all of the requirements contained herein.

For purposes of this RFP, general provisions outlined herein relative to the adoption and distribution of merchandise offered for sale in the College Bookstores applies to both the physical bookstore and the on-line mail order bookstore. The on-line bookstore is to be capable in all respects of delivering bookstore services to a large contingent of College students.

Joint Proposals from retailers and multiple publishers are encouraged. B. OBJECTIVES:

The objectives for Bookstore Operations across the VCCS colleges are listed below. It is expected that the Contractor shall adopt the following objectives for the management and operation of the Bookstore:

1. To provide the Colleges with a full range of merchandise and services expected from a quality, professional academic bookstore;

2. To have sufficient quantities of textbook/course materials and related supplies, as required or recommended by the faculty for academic courses, available for purchase by students at the specified times the items are needed;

3. To ensure that specified educational resource materials (textbooks, e-book or other digital course material) are available for sale;

4. To provide a wide selection of current trade, academic, and technical literature (in both print and digital format), as required in support of the academic disciplines of the colleges and non-credit workforce development courses;

5. To support the adoption by faculty and the distribution of open educational resources at little or no cost to students from the College’s Bookstores and through the on-line bookstore sites;

6. To support the use of the College’s vast library resources and assist in facilitating it’s use with students as a complement to course materials adopted by faculty;

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7. To provide a quality on-line shopping experience with full-service capabilities for shipping and delivery;

8. To meet Payment Card Industry Data Security Standards (PCI-DSS) in all electronic and over-the-counter transactions. PCI-DSS compliance standards are available for review at https://www.pcisecuritystandards.org/security_standards/index.php

9. To comply with the Higher Education Opportunity Act of 1965, and as amended in 2008. The regulation is available for review at http://www.gpo.gov/fdsys/pkg/PLAW-110publ315/pdf/PLAW-110publ315.pdf

10. To offer a significant selection of “soft goods” such as office supplies, art supplies, College emblematic apparel, memorabilia and other miscellaneous items;

11. To provide special book order service for students, faculty, and staff and make every effort to obtain the earliest possible delivery date;

12. To obtain and offer for sale specialty items associated with certain academic programs such as: culinary uniforms and cutlery sets or nursing kits and supplies for the College’s practical and registered nursing programs.

13. To provide textbooks/course materials and other quality merchandise to the Colleges under pricing policies that are both fair and competitive for like or similar quality, as compared to other College Bookstores and also with retail establishments in the surrounding area and lower the textbook prices to students by leveraging the VCCS purchasing volume under this contract;

14. To keep the Colleges appraised of new merchandise of interest and/or promotional deals and opportunities;

15. To minimize out-of-stock situations on textbooks/course materials and make every effort to ensure that materials are available to students on the first day of class;

16. To provide for the efficient customer traffic flow during rush periods and minimize time spent by customers in waiting lines;

17. To provide exemplary customer service in all stores and in all dealings with students, faculty, and staff.

18. To provide state-of-the-art technology and services to promote efficiencies and lower the cost of store operations. The VCCS views technology improvements as critical to lowering the cost of store operations and; therefore, meeting its objective of lowering textbook/course material costs to students.

19. To meet the needs of disabled persons. ADA requirements must be adhered to in all aspects of the management and operation of the Bookstores, including compliance with the VCCS IT Accessibility Standard 508 available for review at http://old.vccs.edu/LinkClick.aspx?fileticket=sHaQzCSB_W0%3D&tabid=885

20. To become involved in the academic, cultural, and social environment of the Colleges, taking advantage of opportunities to offer special merchandising and other assistance based upon the College’s ongoing and distinctive activities;

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21. To promote, distribute and offer for sale wearing apparel, stationary, soft goods, notebooks, pens, pencils, jewelry, and similar items bearing the College’s name, logo or seal acceptable to the Colleges. The Contractor will be granted the right to use the College’s name, logo and seal; however, the name, logo or seal may not be used for product endorsement without the express approval of the Colleges;

22. To obtain and offer for sale caps, gowns, and graduation regalia, and other related event merchandise in college bookstores.

23. To participate in the Colleges’ green initiatives and move toward greater sustainable practices;

24. To follow the College’s emergency operation plans and participate in, and collaborate with, the College’s in an effort to provide a safe and secure campus;

C. LICENSES, PERMITS AND TAXES:

The Contractor shall secure and pay for all federal, state, and local licenses and permits required for the Bookstore Operations as specified herein. The Colleges will cooperate with the Contractor in obtaining all licenses and permits and will execute such documents as shall be reasonably necessary or appropriate for such purposes. The Contractor shall pay for any and all taxes and assessments attributable to the operation of the Bookstores provided herein, including, but not limited to, sales taxes, excise taxes, payroll taxes and federal, state and local income taxes.

D. FINANCIAL ADMINISTRATION AND REQUIREMENTS:

The Contractor shall have complete responsibility for the financial administration of the Bookstore facility. Such responsibilities include, but are not limited to, ordering books and merchandise, billings, and collections from third parties, processing payments for all goods acceptance and deposit of all funds, reconciliation of accounts, preparation of annual financial reports and all other such activities that may apply.

E. GROSS SALES:

For the purpose of the initial proposal submission to compare and compete responses, gross sales shall be defined as all collected sales at the bookstore less voids, refunds, and sales tax. If other components are added, Offerors are required to fully detail how this will impact their proposal.

F. COMMISSIONS:

The Contractor shall pay to the College, monthly commission percentages based on gross sales as defined herein. Payment to each College shall be made by the 20 th of each month for the preceding monthly sales period. Electronic statements shall be sent in advance to payment to individuals designated by each College. Payment method is at the discretion of each College in terms of check or electronic deposit. Each College shall specify their preference. The Contractor shall specify the commission percentage to be paid as requested in the RFP pricing schedule (Attachment D) to Section XII. Attachments.

G. SPECIAL REQUIREMENTS:

1. Operating Schedule: The Contractor shall be required to operate the Bookstores on a 12-month basis, based on each College’s Bookstore current hours of operation and academic calendar. Each College reserves the right upon consultation with the Contractor, to

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establish or change the service hours, plans, or other methods of operation of the Bookstore.

2. Merchandising: Each College reserves the right to recommend merchandise to be sold in the Bookstore and to request the removal of merchandise for sale in the Bookstore which the College considers offensive or inappropriate, or in conflict with other agreements such as vending.

3. Merchandising Rights: The Contractor shall have exclusive rights to operate the full service Bookstore located at each College, offering all goods and services normally found in college bookstores and any such additional services as may be required by the College during the term of the Contract. The College shall grant the Contractor the right to sell college licensed products; however, the right is not exclusive.

Contractor’s exclusive rights in the above paragraph do not include merchandise and services currently sold or may be offered for sale elsewhere within the College by departments, student organizations, alumni, fund raising, or through other existing contract arrangements.

The College, subject to its own discretion, shall retain the right to provide other retail sales operations on campus, as determined by the College and as operated directly or through other contract arrangements. However, such other retail sales operations will not in unreasonable ways compete with the primary Bookstore merchandise categories (i.e. textbooks, course materials, trade and reference books, supplies, and emblematic items.)

5. Licensed Products: The College shall grant the Contractor the right to sell College licensed products; however, the right is not exclusive. Contractor’s exclusive rights in the above paragraph do not include merchandise and services currently sold or may be offered elsewhere within the College by the Alumni Association, Foundation or other entity.

H. SPECIFIC SERVICES TO BE PROVIDED BY BOOKSTORE OPERATIONS:

1. Textbook Stock and Inventory: The Contractor shall stock in sufficient quantity, display and offer for sale:

a. All required, recommended, and suggested text and course books, whether new or used, digital or print, in the editions specified by faculty or other designated departmental representatives;

b. Other educational materials and supplies used by the College’s students;

c. Speculative merchandise such as books, magazines, soft goods, stationery and other items normally sold in a college bookstore, to the extent that the sale of such items is compatible with the educational mission of the College and the Bookstore’s purposes; and

d. Food and other items normally sold in a college bookstore upon specific prior written approval by the College’s designated representative.

2. Methods of Payment:

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a. The Contractor shall provide for charge sales of textbooks, course materials, supplies, and all other merchandise to students, faculty and staff through MasterCard, Visa, Discover, American Express, and the College’s Small Purchase Charge Card program (SPCC) which is currently a VISA card platform. The charge tender accepted by the Contractor must be of sufficient quantity to allow the majority of the students to arrange for payment in the Bookstore.

b. The Contractor must meet Payment Card Industry Data Security Standards (PCI-DSS) in all electronic and over-the-counter transactions. PCI-DSS compliance standards are available for review at https://www.pcisecuritystandards.org/security_standards/index.php

c. The Contractor shall accept personal checks from students, faculty, and staff for payment for all purchases subject to proper identification. The College will not assist in the collection of funds from checks returned for insufficient funds. The College encourages the implementation of a check verification system. The Contractor shall be fully responsible for the implementation and maintenance of such equipment.

d. In the event the College moves to a student campus card system or other debit card system cooperation from the Contractor to move to this type of system is required. The Contractor would be responsible for updating their equipment to insure compatibility with the College’s campus card system. All updates would be at the expense of the Contractor.

3. Financial Aid Charges:

a. The Contractor must have the capability of accepting financial aid as a means of payment for approved textbooks, course materials and other items as authorized by the individual colleges and recording those charges, so that an invoice can be prepared and presented to the college for payment. The VCCS colleges will grant access to its Student Information System (PeopleSoft) bookstore panel so that a student’s real time financial aid balance is available to the Contractor for the purpose of processing financial aid transactions. The VCCS colleges are willing to explore enhanced technology that further automates this process and reduces any manual reconciliation or dual entry required between the Contractor and the Colleges.

b. Each college shall establish a date, each semester, when students receiving financial aid can charge financial aid in the Bookstore. This practice varies greatly from college to college. Under the terms of this contract, the Contractor shall have the capability of blocking in-store and on-line financial aid charges prior to authorization by the individual colleges.

c. Additionally, the Contractor shall be willing to honor whatever process the individual colleges are using to verify and document the student’s intent that their financial aid be charged for purchases made in the College’s Bookstores. This process also varies from college to college and will be determined by the individual colleges.

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d. For students using Financial Aid, the Contractor shall provide options to ensure access to required course materials on the first day of class. Additionally, students shall have access to the most cost effective options for acquiring required course materials, including sufficient volumes of used text books, effective and useful textbook rental options and reasonably priced e-books, open resource materials and other solutions.

4. Disposition of Goods:

The Contractor shall be solely responsible for the disposition of any and all damaged or surplus books, course materials, supplies, tools, and other damaged or surplus merchandise, regardless of the cause thereof.

5. Special Orders:

The Contractor shall provide special order service for students, such as commencement announcements, or any other service requested as required by the individual colleges. Commissions from these sales shall be included in gross sales.

6. Faculty Textbook and Course Material Adoption:

a. In its provision of textbooks, course materials and supplies necessary for students enrolled in classes, the Contractor shall provide to faculty or other College employees who make course material adoption decisions, an automated, technology driven process, from which to select and communicate the adopted materials. The technology offered shall serve to streamline the adoption and ordering process with publishers, and make the reporting and status of the adoption and ordering process at the college level more readily available.

b. The College shall make reasonable efforts to meet the Contractor’s established timelines for textbook and course material adoptions in order to ensure the availability of textbook and course materials on or before the first day of class of each semester.

c. The Contractor shall not prohibit the Colleges from negotiating directly with the publishers.

d. The Contractor shall support the adoption and distribution of open educational resources through the College’s Bookstores and through the on-line bookstore sites, at no charge to students or at a price to be negotiated under the negotiation phase of this contract and included in the final contract.

e. The Contractor shall support the use of the College’s vast library resources and assist in facilitating its use with students as a complement to course materials adopted by faculty.

f. The Contractor shall comply with the Higher Education Opportunity Act of 1965, and as amended in 2008 by making available to students the ISBN of every textbook, course material or bundle adopted for use by faculty and required to be purchased by students. The Colleges require that this requirement be met with an integrated technology solution to the extent available. The regulation is available for review at http://www.gpo.gov/fdsys/pkg/PLAW-110publ315/pdf/PLAW-110publ315.pdf

7. Reports:

The Contractor shall provide timely status reports to faculty and authorized College

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employees of their orders for textbooks, course materials, supplies, bundles, and other course required materials for their respective courses, including items discovered to be unavailable, delayed in delivery, new editions, etc.

The Contractor shall not be responsible for books or other items not being ready for sale to students due to the failure of faculty members to submit timely order requests. However, the Contractor shall make every reasonable effort to supply items requested even when requests are not timely.

8. Pricing Policy:

a. The Contractor shall price new, used, rental, and other print and digital textbooks and course materials based on the negotiated markup agreed upon in the final negotiated pricing form included in this contract.

However, the Contractor shall operate according to the following “not to exceed” pricing policies:

i. All new textbooks, paperback books, and trade books shall be sold at prices no higher than net price plus thirty percent (30%) margin. Trade books shall be sold at prices no higher than publisher's suggested retail prices.

ii. All used textbooks, whether cloth, paperback or otherwise, may not be sold at more than seventy-five percent (75%) of the then current new price.

iii. All other merchandise shall be marked up at no more than the normal markup standard in the College Bookstore industry.

The Colleges may request and shall receive from the Contractor, proof that the above pricing policies are being followed. Information must be provided by the Contractor at the earliest possible time following its receipt of the college's request.

b. The Contractor shall fully disclose to Colleges the markup on all textbooks and other merchandise. Any increase to the overall markup after the initial contract award must be reviewed and approved collectively by the Colleges. Any such increase shall be communicated to the Contract Administrator for approval by the Colleges.

c. The Contractor shall be required upon award of this contract to submit a five (5) year plan for reducing the cost of textbooks to students and maintaining a competitive pricing strategy in the textbook/course materials market. The plan shall be comprehensive in nature and include the introduction of any new technologies or integrations that result in lowering the cost of Bookstore operations, as well as the specific strategies to lower the cost of textbooks through professional development opportunities for faculty or the introduction of lower cost digital and Open Educational Resources.

9. Buy-Back Program:

The Contractor shall purchase used books from students, faculty and others at the Colleges based on a schedule that is practical and convenient to both the Bookstore and the College according to the following policy:

a. If the Contractor has a faculty adoption indicating that a specific textbook will be used again the following semester, it will pay no less than fifty percent (50%) of the retail price paid by the student. A lesser amount may be paid only if copies required for faculty orders are filled or if a book is in unusually poor

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condition.

b. If the Contractor does not have information as to the future use of a book or if the book will not be used a following semester, or will shortly be replaced by a revision announced by the publisher, the Contractor shall pay the price listed for the book in a textbook buying guide which the College and the Contractor agree to use for this purpose.

c. The Contractor shall make every possible effort to increase used book sales at the College by retaining used books purchased at the College, if required for the following semester, and by purchasing or acquiring used books from other bookstores and companies, if necessary.

d. The Contractor shall post, in conspicuous places, Bookstore policies concerning refunds, buy backs, exchanges and discounts. New textbooks must be in new condition and, as a minimum; policies will provide that defective textbooks will be replaced at no cost. The Contractor shall provide for a refund of purchases according to a policy approved by the College.

10. Discounts:

The Contractor agrees to offer any discounts in accordance with the negotiated terms agreed upon in this contract.

11. Alumni Marketing Program:

The Contractor shall cooperate with the individual College’s Alumni Associations, in the joint marketing of soft goods with a percentage of sales, as agreed upon by the Contractor, the College, and the Alumni Association, being paid to the Alumni Association. Any percentage so paid to the Alumni Association will not be deducted from the commission due to the College, should the Colleges require this exception to be made.

12. Bookstore Advisory Committee:

Each College shall establish and maintain a Bookstore Advisory Committee. The Contractor, including specifically its Bookstore Manager, shall meet regularly with the Bookstore Advisory Committee, and with College officials to review Bookstore operations. Bookstore Managers should use this forum as an opportunity to recommend additions or deletions to the college’s Bookstore inventory and the opportunity to provide suggestions for cost savings to students.

The Contractor shall make every reasonable effort to comply with requests from the Bookstore Advisory Committee and College officials for the improvement of the Bookstore's program, services and policies. The Bookstore Manager or his/her designee is also expected to meet periodically with College departments, managers, and faculty.

13. Off-Campus Centers:

The Contractor shall provide for the sale of textbooks and other educational materials required for off-campus courses at off-campus instructional centers, if so requested by the College.

14. Athletic and Special College Events:

The Contractor shall cooperate with the College in conducting sales at athletic or other special college events. Commission from these sales must be included in the gross sales.

15. Unacceptable Items:

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The Contractor shall withdraw from display or sale in the Bookstore any item which the College requests not be displayed or sold. The individual College has the final approval/disapproval on any item offered for sale.

16. Advertising:

The Contractor shall submit to the Colleges, for its prior approval, all advertising to be conducted off the College's campus or in other than College media. The Contractor shall withdraw any advertising from any location or media if the individual College should request that such advertising be withdrawn.

The Contractor shall be willing to coordinate advertising with the College’s Marketing Director or other College official responsible for marketing the college in an effort to better coordinate marketing efforts of the College.

17. Prompt Payment of Bills:

The Contractor must pay its bills in a timely manner and take advantage of discounts when earned.

18. Prosecution for Theft or Damage:

The Contractor shall prosecute individuals for acts of property damage, theft of merchandise or money, or fraudulent acts as the College should reasonably request and if the College should so request, shall cooperate with the College in the College’s prosecution of such individuals. When circumstances permit, the Contractor shall consult with the College’s Campus Police Office or Security Office or other College Official responsible for law enforcement prior to having a student arrested by public authorities.

19. Customer Satisfaction Program:

In order to determine that the level of customer service being provided meets and/or exceeds the College’s expectations, the Contractor shall participate in student, faculty and staff surveys conducted by the college. The Contractor shall be willing to assist the Colleges in responding to and mitigating Bookstore related questions/comments and concerns.

20. Promotions and Events:

The Contractor may promote book signing and other academic and scholarly events.

21. Existing Contracts and Mandatory Sources:

The Contractor agrees to honor exclusive beverage contracts already in place at the individual Colleges, as well as contracts for vending and food services with the Department of the Blind and Visually Impaired (DBVI), who maintain a mandatory right of first refusal for the provision of these services at all Commonwealth of Virginia agencies.

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I. BOOKSTORE PERSONNEL AND STAFFING:

1. Employment Policies: The Contractor shall meet the requirements of the Fair Labor Standards Act and all other regulations required by Federal or State Law. Its employment practices and personnel policies shall be available for disclosure to the Colleges upon request.

2. Equal Opportunity and Affirmative Action: The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Further, the Contractor agrees to adhere to the requirements of this contract as set forth in Section VIII General Terms and Conditions, Paragraph C. Anti-Discrimination.

3. Staffing Levels: The Contractor is to provide sufficient staffing at each College Bookstore to ensure efficient and courteous service to patrons and must have adequately trained relief personnel (full-time and/or part-time, not contract employees) available to substitute in the absence of regular employees. All staff shall be employees of the Contractor, who shall be solely responsible for the payment of wages and benefits.

4. Current Employees: Current employees are to be afforded the greatest level of personal and professional protection and courtesy possible. Current employees impacted by a contractual change and severance under the former contract, are to be granted the opportunity, as a minimum, to apply for any newly created jobs of which they are minimally qualified. Additionally, these employees may be afforded preferential hiring consideration, as negotiated during the negotiation phase of this procurement, and documented in the final contract.

5. Student Workers: The Contractor is encouraged to employ student workers in College Bookstores. Employment opportunities provided by the Contractor are beneficial to students and afford students the opportunity to build a resume’ and gain valuable job experience and employment skills. They are also knowledgeable about the College and work well with other students.

6. Bookstore Managers: The Bookstore Manager and department managers, assigned to the Bookstore by the Contractor, must be approved by the College. Subsequent changes in this assignment are to be made by the Contractor only after prior consultation with and the approval of the College. The person selected by the Contractor to manage the Bookstore is to have extensive experience in the management of Bookstores serving a College community. The Manager chosen must be knowledgeable of the Contractor's operational philosophy and procedures and the College’s mission, values, and goals. He or she must be a good communicator, a proven leader and must exhibit the ability to deal effectively with College students, faculty and staff.

7. Manager Replacement: The College reserves the right to request replacement of the Bookstore Manager for good cause as determined by the College or for actions considered not to be in the best interests of the College. Such action will be taken only after consultation with the Contract Administrator.

8. Professional Development Opportunities and Training: The Contractor is to describe the professional development opportunities and training program(s) available to Bookstore Managers and others. The Contractor shall outline the training program(s) that it intends to use for the employees of the Bookstore.

9. Performance Evaluation: The College would like the opportunity to provide feedback on the performance of the Bookstore Manager through formal or informal discussions

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initiated by the Contractor on a routine and ongoing basis, but no less than once each year in accordance with an annual performance review schedule.

10. Employee Conduct: Contractor employees must strictly adhere to all College and VCCS policies regarding personal behavior. Employees are expected to be courteous and professional at all times. Additionally, employees shall be required to wear a badge or other identification while employed in the Bookstore.

11. Background Checks: On a case by case basis at each College, depending upon college policies, a background check on bookstore employees may be required.

12. Confidentiality Statement: The Contractor shall be required to sign a Third Party Disclosure Agreement and the Contractor’s employees will be required to complete a Confidentiality Statement as required by VCCS policy. The purpose of these documents is to secure and safeguard the release of any student information that employees may have access to through Bookstore operations and access to the College’s Student Information System (PeopleSoft).

13. College Safety and Security: Contractor employees shall attend training and participate in drills or exercises at the individual Colleges designed to practice emergency operation procedures and/or crisis management plans for the sole purpose of making the Contractor and college employees aware of the policies and making the college safer. Contractor employees shall follow all fire evacuation, lockdown, and shelter-in-place plans, without exception.

J. FACILITIES AND EQUIPMENT:

1. The Bookstore shall be operated in the existing space at each College and the Contractor shall utilize the college’s designated shipping and receiving location at each College.

2. Equipment and fixtures currently used for the operation of the Bookstore that are owned by the College will be available for use by the Contractor. Any equipment so utilized will remain the property of the College.

3. The Contractor shall provide, at no expense to the College, such additional equipment and fixtures necessary for the successful operation of the Bookstore. This shall include but not be limited to office furniture, display cases, shelving, checkout counters, Point of Sale (POS) systems, credit card processors, receipt printers, and desktop computers.

4. The Contractor shall be responsible for cleaning and maintaining in a good repair and condition, except ordinary wear and tear, all space, fixture and equipment used by it in the operation of the Bookstore. The Colleges will provide repair services at the request of the Contractor, to the extent that it has the capability of doing so, and, except as provided in paragraph 5 below, will charge the cost of such services to the Contractor.

5. The College will be responsible for major structural repairs to the space used by the Contractor, provided that such repairs are not required as a result of the actions of the Contractor, its agents or employees. If such repairs are required as a result of the actions of the Contractor, its agents or employees, the cost of repairs shall be paid by the Contractor. Such repairs will be made solely at the College’s discretion, either by the College or by an independent Contractor.

6. The Colleges will provide and pay for all utilities to the space used by the Contractor including lights, heat, air conditioning, water and sewerage. The College will provide the Contractor with access to telephone service, if requested, but the Contractor must be willing to reimburse the College for any and all expenses associated with providing this service, including, but not limited to reimbursement for all phone charges incurred. Generally, the Contractor shall be responsible for all telecommunication services, both voice and data, local and long distance, equipment and installation, as well as monthly charges unless otherwise negotiated.

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7. The Contractor shall coordinate the installation of any store signage (interior on windows and doors and exterior to the store), with the individual Colleges. Signage should include up-to-date college logos or branding, as appropriate, and be coordinated with College Officials responsible for marketing the College.

8. The Colleges will provide a dumpster service for trash removal and pest control without cost to the Contractor. The Colleges will not be liable to the Contractor for its failure to provide the services described herein if such failure is due to causes beyond the control of the Colleges. The Contractor should keep energy consumption at a minimum and shall comply with “green” practices in place at each College.

9. The Contractor shall provide property and casualty insurance covering the Contractor's equipment and other personal property in the Bookstore. The College will provide property and casualty insurance, under the College's policy, covering Bookstore space and fixtures and equipment owned by the College.

10. The Contractor shall cooperate with the College's Campus Police Department or Security Office or other College official responsible for law enforcement activities in the provision of security for the Bookstore. The Contractor shall be responsible for maintaining intrusion alarms and other security systems deemed necessary for security of the space used by the Bookstore operation.

11. The Contractor shall control the distribution of keys to the Bookstore space. The College’s Campus Police Department, Security Office or College Official responsible for law enforcement activities may be provided a key for use in extreme emergency only.

12. Upon termination of the contract, any equipment in use by the Contractor, but owned by the college will be returned to the College, in the same condition as when accepted for use, excluding normal wear and tear.

13. The Contractor shall meet the needs of disabled persons. ADA requirements must be adhered to in all aspects of the management and operation of the Bookstores, including compliance with the VCCS IT Accessibility Standard 508, available for review at http://old.vccs.edu/LinkClick.aspx?fileticket=sHaQzCSB_W0%3D&tabid=885

K. EQUIPMENT REPLACEMENT, RENOVATION, OR NEW CONSTRUCTION

1. Contract requirements and provisions for the replacement of fixtures, furnishing and equipment, renovation of existing space and/or construction of new space are intentionally excluded from this section of the RFP.

2. It is the intention of the VCCS and the Proposal Evaluation Committee to establish this section as a result of negotiation with the Offerors and include such agreed upon contract requirements and provisions in the final contract documents.

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. GENERAL REQUIREMENTS:

1. RFP Response: In order to be considered for selection, offerors must submit a complete response to this RFP. One (1) original and eight (8) copies and one (1) electronic copy of each proposal must be submitted to VWCC. No other distribution of the proposal shall be made by the offeror.

2. Proposal Preparation:

a. Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in the purchasing agency requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information

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may be rejected by the purchasing agency. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not submit to negotiation.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter should be repeated at the top of the next page. The proposal should contain a table of contents which cross-references the RFP requirements. Information which the offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed.

d. As used in this RFP, the terms “must”, “shall”, “should” and “may” identify the criticality of requirements. “Must” and “shall” identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as “should” or “may” are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP, some individual “must” and “shall” items may not be fully satisfied, but it is the intent to satisfy most, if not all, “must” and “shall” requirements. The inability of an Offeror to satisfy a “must” or “shall” requirement does not automatically remove that Offeror from consideration; however, it may seriously affect the overall rating of the Offerors’ proposal.

e. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume.

f. Ownership of all data, materials, and documentation originated and prepared for the State pursuant to the RFP shall belong exclusively to the State and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of Section 2.2-4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

3. Oral Presentation: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the agency. This provides an opportunity for the offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The issuing agency will schedule the time and location of these presentations. Oral presentations are an option of the purchasing agency and may or may not be conducted.

4. Formal Communications: From the date of receipt of this RFP by each Offeror until a binding contractual agreement exists with the selected Contractor and all other Offerors have been notified or when the College rejects all proposals, informal communications regarding this procurement shall cease.

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a. There shall be no requests from Offerors to any office or department of any college for information or comments, with the exception of the Purchasing Office identified in this RFP.

b. There shall be no contact with any individuals participating on the Evaluation Committee.

5. Informal Communications: From the date of receipt of this RFP by each Offeror until a binding contractual agreement exists with the selected Contractor and all other Offerors have been notified or when the College rejects all proposals, all communications between the Colleges and the Offerors will be formal or as provided for in this RFP or as requested by the Purchasing Office. Formal communications shall include, but are not limited to:

a. Site Visits (approved in advance and arranged by the Contracting Officer, ONLY)

b. Oral Presentations

c. Negotiations

B. SPECIFIC PROPOSAL INSTRUCTIONS:

Proposals should be as thorough and detailed as possible so that VWCC and the Evaluation Proposal Committee may properly evaluate your capabilities to provide the required services. Offerors are required to submit their proposals utilizing the format outlined below. The items listed under each section are required to be addressed by the Offeror, but are not intended to be a comprehensive list of the information that may be included in each section. The Offeror may elect to include additional information in order to provide a more comprehensive explanation of its experience, qualifications, capability, plans, and methodology as a response to this RFP.

1. SECTION 1. General Required Information:

a. The return of the RFP cover sheet, and all addenda acknowledgements, if any, signed and filled out as requested.

b. Completed Vendor Data Form (Attachment A).

c. Completed State Corporation Commission Form (Attachment B).

i. Required of all offerors to this RFP. Reference the State Corporation Commission Form (Attachment B) in Section XII. Attachments

d. Completed Small Business Subcontracting Plan (Attachment C).

i. It is the policy of the Commonwealth of Virginia to contribute to the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities and to encourage their participation in State procurement activities. The Commonwealth encourages contractors to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts or other contractual opportunities. Submission of a plan to utilize the goods and services of such businesses on this contract is required. Reference the Small Business Subcontracting Plan (Attachment C) in Section XII. Attachments

e. Completed Pricing Schedule (Attachment D).

i. Reference the Pricing Schedule (Attachment D) in Section XII. Attachments. Offerors may elect to include the pricing schedule in their proposals in Section 9. Proposed Fees.

f. And other specific items or data requested in the RFP, such as: documentation certifying eVA registration or certification of DMBE Small Business designation, if applicable.

2. SECTION 2. Company Background and Financial Capability:

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a. Describe your firm’s background, company history, locations, including the principals and their background.

b. Detail the ownership structure and other relevant information regarding the firm.

c. Describe your firm’s personnel policies, to include: hiring policies compensation and benefit programs, and educational and training programs.

d. Provide financial information to demonstrate the financial stability of your firm. If you are a public company, please provide a current audited annual report. If you are a private company, please provide a letter from your financial institution on their letterhead, stating the financial stability or credit level of your firm.

e. Disclose any pending legal proceedings or business litigation against your firm, any officer, or principal. If so, please provide an explanation and indicate the current status or disposition.

3. SECTION 3. Experience and Qualifications:

a. Describe your firms experience and qualifications for providing the services described herein, relative to (i) enrollment, (ii) annual gross sales, (iii) region, and (iv) facility size.

b. A chart of the Offeror’s organization and a plan for the administrative and operational management of the service covered by the specifications of this proposal.

c. Resumes, including qualifications, training and experience of any individuals that will be assigned a project or required to deliver bookstore services under this contract. Please include qualifications, training and experience of any individuals who will be serving on the transition teams for individual bookstores.

d. A description of the Offeror’s training program for employees, supervisors, and managers.

e. Additional references or explanations of services provided to other clients, as necessary, to demonstrate capability.

4. SECTION 4. Specific Plans and Methodology:

a. Store Management and Staffing/Personnel:

(1) Describe your management/operation plan for the operation of each College Bookstore, inclusive of contractor obligations previously noted within this RFP.

(2) Describe any management training programs in place and briefly outline the qualification required for the position of Store Manager.

(3) Provide an organizational chart and a staffing plan, to include the reporting structure for each College Bookstore. Describe how the level of staffing is determined.

(4) Describe your commitment to employ student employees, including federal work study students.

(5) Describe the firms’ cooperate support services and regional management support provided directly to the stores.

(6) State your commitment to provide an employment opportunity for existing employees of the current College Bookstore. Describe the proposed transition plan for these employees.

b. Store Operation:

(1) Describe what, when, and how the services described in the Statement of Need will be performed or accomplished.

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(2) Describe your proposed hours of operation for the College Bookstores.

(3) Describe how student financial aid transactions are handled and the options made available to these students.

(4) Describe the specific items to be offered for sale and any associated markup for each category or type of item offered for sale.

(5) Describe the process for adding new categories of merchandise, programs, and/or service areas.

(6) Describe your plan to sell caps and gowns, and graduation regalia, and other related event merchandise in college bookstores.

(7) Describe your plans to support academic programs and special events by selling and promoting or offering promotional items for sale at each college.

(8) Provide a detailed description of your plan to increase the sale of college specific emblematic/logo merchandise, including the sale of emblematic/logo merchandise on each college’s on-line bookstore site.

(9) Describe or explain special promotions, faculty appreciation sales, or any discount offered to faculty and staff.

(10) Provide a description of marketing approaches, with samples of previous marketing materials (brochures, promotions, coupons, etc.)

(11) Describe your company’s marketing/advertising plan for each College Bookstore.

c. Customer Service:

(1) Describe methods to be employed to ensure a high quality of customer service satisfaction.

(2) Describe the methods employed to obtain regular feedback from College Bookstore customers to ensure a high level of customer satisfaction.

(3) Describe your customer service training programs for College Bookstore staff.

(4) Describe or discuss how customer complaints are resolved.

d. Technology Requirements:

(1) Describe your company’s management/operation plan for operation of a full-service website/mail order program.

(2) Describe the specific technologies and/or automation that will be utilized in each store to serve the customer.

(3) Describe the tender types that will be accepted at each college bookstore.

(4) Describe your firm’s capability to meet PCI certification requirements and the requirements of VCCS IT Accessibility Standard 508 available for review at http://old.vccs.edu/LinkClick.aspx?fileticket=sHaQzCSB_W0%3D&tabid=885 for all electronic transactions.

(5) Describe automated systems relative to the following:

(a) Inventory control for textbooks, trade books, and general merchandise;

(b) Recording checking and reporting sales, including commissions;

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(c) Accounting controls and procedures for cash and refund controls;

(d) Internal Audit Operations

(e) Safeguards against theft and fraud

(6) Describe technologies in use by your firm that may be adopted VCCS-wide in order to facilitate the efficient and effective delivery of course materials to students.

5. SECTION 5. Textbook and Course Materials:

a. Describe your methods for securing (i) titles, (ii) publishers, (iii) quantities for college faculty.

b. Describe the faculty course material adoption process in detail including any automation used to assist in the process.

c. Describe the process for handling late textbook and course material requests and orders.

d. Describe the methods employed to ensure an adequate stock of textbooks and course materials on-hand for student purchase prior to the first day of class.

e. Provide details on your capability and experience delivering eBooks, eContent, digitized content, and/or provide an eLearning platform. Include information about how these items are priced.

f. Describe your refund policy for course materials, including new textbooks, used textbooks, bundled packages, etc. and refunds for on-line mail order sales of these items

g. Describe your refund policy for general store merchandise, including those purchased through on-line mail order sales.

h. Specifically address the following:

(1) Buy-back of books or used course materials. Provide a detailed description of your sources for used textbooks, along with a description of your textbook buyback program, including any incentives or programs that would allow for buy back prices that are greater than wholesale prices. Include your estimated used textbook ratio (used textbook sales expressed as a percentage of total textbook sales).

(2) Rental of textbooks. Provide a detailed description of your rental textbook program. Describe the process for engaging faculty to adopt textbooks and course materials that can be rented. Include your estimated average price of rental textbooks, expressed as a percentage of the cost of new textbooks.

(3) Distribution of course materials that are adopted by faculty and offered at no-cost to students.

(4) Distribution of photocopied “Course Packs” syllabi, etc. Discuss your capability to obtain copyright clearance and provide duplication of these types of items. Describe the pricing methodology that will be used for the distribution of these items.

(5) Distribution or sale of special items such as: gift cards, WEPA Print Cards, or Student Campus Cards.

(6) Distribution of electronic course materials, such as e-books.

(7) Special Orders.

i. Describe how your firm plans to comply with the Higher Education Opportunity Act.

6. SECTION 6. Cost of Textbooks and Course Materials:

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a. Discuss current cost reduction strategies that you employ to remain competitive in the textbook/course material market.

b. Specifically outline the strategies you intend to employ in the future to remain competitive and lower the textbook and course material cost to VCCS colleges served under this contract.

c. Describe how the specific cost reduction strategies you employ will be assessed and the results communicated to the VCCS colleges throughout the length of this contract.

d. Discuss any training offered to faculty and staff in regards to textbook and course material adoption that are aimed at reducing the cost to students. Outline how often this training is provided and how the training will be delivered.

e. Discuss any student book funds or scholarship opportunities that will be offered at each college. Describe the formula for determining how much will be made available at each college.

f. Discuss any plans you have to offer discounts to veterans.

7. SECTION 7. Transition Plan:

a. Present a transition plan to include target and event dates for an assumed takeover of bookstore operations following contract award. The plan shall outline the steps to be followed and the length of time required for transition from the first date of notification by an individual college or group of colleges of their intent through to full implementation and transition of employees to operation of the bookstore. Provide a mechanism whereby notifications from individual colleges shall be communicated for the transition process to be activated.

8. SECTION 8. Additional Services/Growth and Expansion Opportunities:

a. Describe your plans to offer additional auxiliary operations such as: café, coffee bar, and/or other food service outlets where such service is deemed profitable due to store volume and traffic. How will these determinations be made?

b. Describe the firms’ process for individual college negotiations of upgrades of equipment and/or furnishings, renovation, and/or new store construction.

9. SECTION 9. Proposed Fees:

a. Describe your pricing policies for textbooks and course materials along with your plan to lower the cost of textbook and course materials to students.

b. Describe your pricing policies for general (all other) merchandise and explain your plans to address pricing concerns of students.

c. Propose your commission percentage to the colleges. Percentages shall be based on gross revenues and may vary by merchandise category, revenue targets, and/or the terms of the Contract. Reference the Pricing Schedule (Attachment D) in Section XI. Attachments

d. Estimate the overall “business value” of your investment including any and all financial considerations, including, but not limited to, the commission percentage being offered. Please include the value of the proposed personnel, technology, equipment and services being proposed over the life of the contract.

V. EVALUATION AND AWARD CRITERIA

A. Proposals will be evaluated by the Proposal Evaluation Team to determine the extent to which all requirements have been addressed satisfactorily. If significant errors are found in the proposal or if the proposal fails materially to conform to the requirements of the RFP, the result will be a reduction in the scoring. The Proposal Evaluation Team will conduct an initial round of scoring based on the written proposal, results or reference checks and conclusions drawn from site visits to one or more of Offeror’s

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client sites. The results of the initial round of scoring may be used to determine whether oral presentations are necessary and which Offerors may be asked to participate. If oral presentations are used, the Proposal Evaluation Team will conduct a second round of scoring.

Proposals shall be evaluated by VWCC and the Proposal Evaluation Committee using the following criteria:

Point Value

1. Experience, Qualifications and Capabilities 202. Approach, Specific Plans, Methodology 203. Textbook and Course Material Cost (value to students) 204. Small Business Plan (20%) 100 points (To be determined by the Procurement Officer) 205. Commission Offered 20

Total 100

B. AWARD OF CONTRACT: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The Commonwealth may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

VI. REPORTING AND DELIVERY INSTRUCTIONS

A. The contractor shall provide the following documentation to the Contract Administrator for approval by the agency. (The Contracting Officer will continue to serve as the Contract Administrator until such time as a Contract Administrator is officially designated.)

B. The contractor shall assist the Contracting Officer and the Proposal Evaluation Committee in summarizing and documenting in writing the final negotiated agreement in order to expedite contract award.

C. Following Contract award, the contractor shall provide weekly and monthly progress reports to the Contracting Officer for the first six (6) months summarizing the following:

1. The specific accomplishments achieved during the reporting period.2. The specific tasks completed pursuant to the provisions of the contract and the completion dates of such tasks.3. The projected completion dates for the remaining specific tasks required by the contract.

D. The contractor shall provide monthly transition progress reports to the Contract Administrator summarizing the number of stores being transitioned under this contract and a summary of the tasks and timeline, along with the estimated length of time to complete each task until such time as it is discontinued by the Contract Administrator. The Contract Administrator reserves the right to change the frequency of the reporting to quarterly, bi-annually, or annually over the length of this contract as necessary or required.

E. Within thirty (30) calendar days after the award date of the contract, the contractor shall furnish to the Contract Officer, a preliminary outline of the schedule for any technology installations and/or integration

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required with the VCCS colleges as a result of award under this contract and continue to provide status reports each month through installation and/or integration completion.

F. Each month, the Contractor shall provide a report of gross sales and commission to each individual college, along with a master report provided to the Contract Administrator.

G. Each year, the Contractor shall provide a report that summarizes gross sales and commissions paid across all of the VCCS colleges participating under this contract. The annual report shall summarize efforts made to keep textbook costs low to students, the amount of scholarships or book funds provided at each participating college, including any discounts offered to veterans or other student populations and specific plans to reduce costs in the future.

VII. OPTIONAL PREPROPOSAL CONFERENCE

An optional pre-proposal conference will be held at Virginia Western Community College in Roanoke, Virginia on January 17, 2014 at 10:00 a.m. in the President’s Conference Room (F115) of Fishburn Hall. The purpose of this conference is to allow potential Offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all Offerors having a clear understanding of the scope of work and requirements of this solicitation, attendance at this conference is encouraged prior to submitting a proposal.

Please bring a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VIII. GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the vendors tab.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their proposals, offerors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

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a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By submitting their proposals, offerors certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR RFPs: Failure to submit a proposal on the official state form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual

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contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. A contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the contractor’s receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

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K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF OFFERORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the services/furnish the goods and the offeror shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect offeror’s physical facilities prior to award to satisfy questions regarding the offeror’s capabilities. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Commonwealth that such offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract.   Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award.  Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice.  If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the

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Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. I NSURANCE : By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia must be named as an additional insured and so endorsed on the policy.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract.  Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.)

R. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

S. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

T. NONDISCRIMINATION OF CONTRACTORS : A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

U. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION , CONTRACTS, AND

ORDERS: The eVA Internet electronic procurement solution, website portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA Internet eprocurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2011 thru December 31, 2013, the Vendor Transaction Fee is:(i) DMBE-certified Small Businesses: 0.75%, capped at $500 per order.(ii) Businesses that are not DMBE-certified Small Businesses: 0.75%, capped at $1,500 per order.

b. For orders issued January 1, 2014 and after, the Vendor Transaction Fee is:(i) DMBE-certified Small Businesses: 1%, capped at $500 per order.(ii) Businesses that are not DMBE-certified Small Businesses: 1%, capped at $1,500 per order.

For orders issued prior to July 1, 2011 the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.

V. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

W. SET-ASIDES. This solicitation is set-aside for DMBE-certified small business participation only when designated “SET-ASIDE FOR SMALL BUSINESSES” in the solicitation. DMBE-certified small businesses are those businesses that hold current small business certification from the Virginia Department of Minority Business Enterprise. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. For purposes of award, offerors shall be deemed small businesses if and only if they are certified as such by DMBE on the due date for receipt of bids/proposals.

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X. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, offerors shall state offer prices in US dollars.

Y. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH : A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

IX. SPECIAL TERMS AND CONDITIONS

A. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

B. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

C. RENEWAL OF CONTRACT: This contract may be renewed by the Commonwealth upon written

agreement of both parties for an additional five (5) year period, under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

D. ADDITIONAL USERS: This procurement is being conducted on behalf of state agencies, institutions and other public bodies who may be added or deleted at any time during the period of the contract. The addition or deletion of authorized users not specifically named in the solicitation shall be made only by written contract modification issued by this agency or institution and upon mutual agreement of the contractor. Such modification shall name the specific agency added or deleted and the effective date. The contractor shall not honor an order citing the resulting contract unless the ordering entity has been added by written contract modification.

E. BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the offeror(s) may be asked to submit in writing, a Best And Final Offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the offeror(s). The offeror’s proposal will be rescored to combine and include the information contained in the BAFO. The decision to award will be based on the final evaluation including the BAFO.

F. OFFER ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (90) days.

At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

G. IDENTIFICATION OF PROPOSAL ENVELOPE: If a special envelope is not furnished, or if return in

the special envelope is not possible, the signed bid/proposal should be returned in a separate envelope or package, sealed and identified as follows:

From: 2/3/14 _2:00 P.M.___ Name of Offeror Due Date Time

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286-001-2014__ Street or Box Number IFB No./RFP No.

VCCS Bookstore Services_ City, State, Zip Code IFB/RFP Title

Name of Contract/Purchase Officer or Buyer: Cheryl C. Miller, Vice President of Finance

The envelope should be addressed as directed on Page 1 of the solicitation. If an offer not contained in the special envelope is mailed, the offeror takes the risk that the envelope even if marked as described above, may be inadvertently opened and the information compromised which may cause the offer or proposal to be disqualified. Offers may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other offers should be placed in the envelope.

H. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

I. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

J. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE:

1. It is the goal of the Commonwealth that 40% of its purchases be made from small businesses. This includes discretionary spending in prime contracts and subcontracts. All potential offerors are required to submit a Small Business Subcontracting Plan. Unless the offeror is registered as a DMBE-certified small business and where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the contractor is encouraged to offer such subcontracting opportunities to DMBE-certified small businesses. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification. No offeror or subcontractor shall be considered a Small Business, a Women-Owned Business or a Minority-Owned Business unless certified as such by the Department of Minority Business Enterprise (DMBE) by the due date for receipt of bids or proposals. If small business subcontractors are used, the prime contractor agrees to report the use of small business subcontractors by providing the purchasing office at a minimum the following information: name of small business with the DMBE certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product/service provided.

2. Each prime contractor who wins an award in which provision of a small business subcontracting plan is a condition of the award, shall deliver to the contracting agency or institution on a quarterly basis, evidence of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the small business subcontracting plan. When such business has been subcontracted to these firms and upon completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm with the DMBE certification number, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product or service provided. Payment(s) may be withheld until compliance with the plan is received and confirmed by the agency or institution. The agency or institution reserves the right to pursue other appropriate remedies to include, but not be limited to, termination for default.

3. Each prime contractor who wins an award valued over $200,000 shall deliver to the contracting agency or institution on a quarterly basis, information on use of subcontractors that are not DMBE-certified small businesses. When such business has been subcontracted to these firms and upon

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completion of the contract, the contractor agrees to furnish the purchasing office at a minimum the following information: name of firm, phone number, total dollar amount subcontracted, and type of product or service provided.

K. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

L. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

M. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting

from the performance of this contract shall be repaired to the Commonwealth’s satisfaction at the contractor’s expense.

N. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures

that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and unless disclosure is required pursuant to court order, subpoena or other regulatory authority, will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

O. C ONTINUITY OF SERVICES:

1. The Contractor recognizes that the services under this contract are vital to the Agency and must be continued without interruption and that, upon contract expiration, a successor, either the Agency or another contractor, may continue them. The Contractor agrees:

a. To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

b. To make all Agency owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

c. That the Agency Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

2. The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Contract Officer’s approval.

3. The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the Contract Officer in writing prior to commencement of said work.

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P. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

Q. E-VERIFY PROGRAM: EFFECTIVE 12/1/13. Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

X. METHOD OF PAYMENT

A. Commission: The Contractor shall pay to the individual colleges the commission agreed as a result of negotiation and specified in the contract award documents.

B. Records: The Contractor shall maintain complete and accurate records of all transactions in accordance with accepted standards. The individual colleges shall have access to all such records, including cash register receipts, at any time, with or without notice. If the colleges should so request, representatives of the Contractor shall review all such records with College representatives.

C. Contract Termination: On termination of the contract, commissions will be paid to the colleges on sales up to the final day the Bookstore is operated under the contract.

D. Responsibility: Contractor shall be responsible for collection and/or payment of all required taxes, licenses, and fees relating to its Bookstore operations.

XI. PRICING SCHEDULE

The Offeror shall complete the Pricing Schedule (Attachment D) in Section XII. ATTACHMENTS, that follows. The Offeror agrees to furnish services for the VCCS colleges in compliance with the statement of need and the terms and conditions at the prices agreed upon by negotiation.

XII. ATTACHMENTS

A. Vendor Data FormB. State Corporation Commission FormC. Small Business Subcontracting PlanD. Pricing Schedule

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ATTACHMENT AVendor Data Form

Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in our finding that your offer non-responsive.1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact:Name: __________________________________ Phone: _________________________

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:__________ Years ________ Months

4. Vendor Information:FIN or FEI Number: ___________________________________ if Company, Corporation, or PartnershipSocial Security Number: ________________________________ if Individual.

5. Indicate below a listing of at least four (4) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods. Include the length of service and the name, address, and telephone number of the point-of-contact.

A. Company: _________________________________ Contact: ________________________________

Phone: (_____) ______________________________ Fax: (_____) ______________________________

Project: _____________________________________________________________________________

Dates of Service: _________________________________ $ Value: _______________________

B. Company: _________________________________ Contact: ________________________________

Phone: (_____) ___________________________ Fax: (_____) _________________________________

Project: _____________________________________________________________________________

Dates of Service: ________________________________ $ Value: ________________________

C. Company: ________________________________ Contact: _________________________________

Phone: (_____) _____________________________ Fax: (_____) _______________________________

Project: ______________________________________________________________________________

Dates of Service: _________________________________ $ Value: ________________________

D. Company: ______________________________ Contact: ___________________________________

Phone: (_____) ____________________________ Fax: (_____) ________________________________

Project: _____________________________________________________________________________

Dates of Service: _________________________________ $ Value: ________________________

I certify the accuracy of this information.

Signed: _____________________________ Title: __________________________ Date: ____________

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ATTACHMENT BState Corporation Commission Form

Virginia State Corporation Commission (SCC) registration information. The offeror:

is a corporation or other business entity with the following SCC identification number: ____________ -OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location) -OR-

is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

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ATTACHMENT CSmall Business Subcontracting Plan

Definitions

Small Business: "Small business " means an independently owned and operated business which, together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. Note: This shall not exclude DMBE-certified women- and minority-owned businesses when they have received DMBE small business certification.

Women-Owned Business: Women-owned business means a business concern that is at least 51% owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with United States immigration law, and both the management and daily business operations are controlled by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law.

Minority-Owned Business: Minority-owned business means a business concern that is at least 51% owned by one or more minority individuals or in the case of a corporation, partnership or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.

All small businesses must be certified by the Commonwealth of Virginia, Department of Minority Business Enterprise (DMBE) by the due date of the solicitation to participate in the SWAM program. Certification applications are available through DMBE online at www.dmbe.virginia.gov (Customer Service).

Offeror Name: _____________________________________________

Preparer Name: ____________________________________________ Date: _______________

Instructions

A. If you are certified by the Department of Minority Business Enterprise (DMBE) as a small business, complete only Section A of this form. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification.

B. If you are not a DMBE-certified small business, complete Section B of this form. For the offeror to receive credit for the small business subcontracting plan evaluation criteria, the offeror shall identify the portions of the contract that will be subcontracted to DMBE-certified small business in this section. Points will be assigned based on each offeror’s proposed subcontracting expenditures with DMBE certified small businesses for the initial contract period as indicated in Section B in relation to the offeror’s total price.

Section A If your firm is certified by the Department of Minority Business Enterprise (DMBE), are you certified as a (check only one below):

______ Small Business

______ Small and Women-owned Business

______ Small and Minority-owned Business

Certification Number: __________________________ Certification Date:___________________________

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Section B

Populate the table below to show your firm's plans for utilization of DMBE-certified small businesses in the performance of this contract. This shall not exclude DMBE-certified women-owned and minority-owned businesses when they have received the DMBE small business certification. Include plans to utilize small businesses as part of joint ventures, partnerships, subcontractors, suppliers, etc.

     

B. Plans for Utilization of DMBE-Certified Small Businesses for this Procurement

Small Business Name & Address

DMBE Certificate #

Status if Small Business is also: Women (W), Minority (M)

Contact Person, Telephone & Email

Type of Goods and/or Services

Planned Involvement During Initial Period of the Contract

Planned Contract Dollars During Initial Period of the Contract

Totals $

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ATTACHMENT D

PRICING SCHEDULE

The Offeror shall submit the pricing scenario schedule in the following format with their proposal.

1. Offeror shall outline the commission to be paid to the Colleges. Commission will be calculated as a percentage of total annual gross sales. Please reference the definition of Gross Sales outlined in Section III Statement of Need, E. Gross Sales.

Provide the rate of commission offered for the following levels of total annual gross sales based on seven different total personnel costs, expressed as a percentage of total gross sales:

Item

Total Personnel Costs as a % of Total Annual Gross Sales →

8% 9% 10% 11% 12% 13%Other

%

TOTAL ANNUAL Gross Sales ↓ Rate of Commission as a % of Total Annual Gross Sales ↓

A < $500,000 % % % % % % %

B ≥ $500,000 - $749,999 % % % % % % %

C ≥ $750,000 - $999,999 % % % % % % %

D ≥ $1,000,000 - $1,999,999 % % % % % % %

E ≥ $2,000,000 - $2,999,999 % % % % % % %

F ≥ $3,000,000 - $3,999,999 % % % % % % %

G ≥$4,000,000 - $4,999,999 % % % % % % %

H ≥ $5,000,000 and above % % % % % % %

Important: For purposes of this section, Markup shall be defined as the percentage increase applied to the actual cost of the item, including shipping and handling, in order to arrive at a selling price.

2. Offeror is to provide the rate to be used for the Buy-Back of any USED Textbook or course

material, expressed as a % of the cost of a NEW Textbook or course material.

a. Rate of USED Book Buy-Backs __________________%

3. Offeror is to provide a complete pricing strategy for NEW Textbooks and Course Materials offered for sale in the Bookstores, including bundles, e-books, and digital materials. Additional lines are provided as necessary to cover all course materials.

a. Markup on NEW Textbooks __________________%

b. Markup on packaged bundles __________________%

c. Markup on e-books and digital resources __________________%

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d. Other (please list) _______________________________ __________________%

e. Other (please list) ________________________________ __________________%

4. Offeror is to provide a complete pricing strategy for USED Textbooks and Course Materials offered for sale in the Bookstores, including any study guides or other items.

a. Markup on USED Textbooks and Course Materials __________________%

b. Selling price of USED Textbooks and Course Materials __________________%(expressed as a % of NEW Textbook Costs)

5. Offeror is to provide a complete pricing strategy for RENTAL Textbooks and Course Materials offered for sale in the Bookstores.

a. Markup on RENTAL Textbooks and Course Materials __________________%(expressed as a % above rental costs incurred)

e. Markup on RENTAL Textbooks and Course Materials __________________% (expressed as a % of NEW Textbook Costs)

6. Offeror is to provide the markup % or distribution fee that will be applied to Open Educational Resources (OER’s) regardless of their source, including the College’s vast library collections.

a. Markup (or distribution fee) on OER’s _________________%

7. Offeror is to provide a complete pricing strategy for all other General Merchandise to be offered for sale in the Bookstores.

a. Markup on pre-packaged foods, candy bars, chips, gum, etc. __________________%

b. Markup on beverages, coffee, and other __________________%

c. Markup on emblematic clothing and associated products __________________%

d. Markup on art supplies and general school supplies __________________%

e. Markup on technology, including tablets, smart phones, etc. __________________%

f. Markup on toiletries and cosmetics __________________%

g. General Books and Merchandise (Other) __________________% 8. Offeror is to provide the percentage discount offered to any faculty or staff or specific student groups

(i.e. Veterans).

a. Discount for College Purchases __________________%

b. Discount for faculty and staff (personal purchasing) __________________%

c. Discount for Veterans __________________%

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d. Other (please indicate) __________________%

9. Offeror is requested to attach a schedule of scholarship or book fund vouchers to be offered to each school, based on annual total gross sales amounts.

a. Attachment to be provided by Offeror

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