Procurement Department

Date: 3/17/17


RFP-SGC-0047-17DB Specialty Cut Beef Supplier

BID DESCRIPTION: Specialty Cut Beef Supplier

BID DEADLINE: March 30, 2017 3:00pm ET

The Seneca Gaming Corporation Procurement Department is requesting bids for the above mentioned goods/service. All communications regarding this bid should be addressed to:

Seneca Gaming Corporation - Procurement Department

Attn: Deanna Boynton

310 Fourth Street

Niagara Falls, NY 14303

RE: # SGC-0047 -17DB

Telephone: (716) 501-4045

All questions should be submitted in writing and answers will be distributed to all bidders.

Proposals must be received by the Procurement Department on or before the date stated above by 3:00 pm ET. Proposals received after the deadline will not be considered. SGC recognizes e-mail as a sealed response in relation to this RFP.

I. Scope and Intent

Seneca Gaming Corporation (hereinafter referred to as SGC) is seeking proposals from experienced and qualified Specialty Cut Beef Supplier.

The term of service is for a period of three (3) years.

Bidders should consider that possible expansions and/or acquisitions during this contract term will be incorporated into the resulting contract unless outside of the bidders service area.

II. Specifications

Market Basket: The market basket of products listed in the attached spreadsheet is a representative sampling of the products purchased by SGC. This list is provided for informational purposes only and should not be construed as a commitment of future purchases.

*Asterisk indicates a wet aged a minimum of 28 days (Top third of Choice) or 42 days (Prime Cuts).

The items listed in the bid template are a sampling of our annual Specialty Cut Beef usage. Some grades may vary, you will be notified what to send if chosen for the blind cutting.

Cost Plus: Please supply prices for the market basket based on your cost, with the cost plus percentage for each item employing the formula below (Please use labeled columns in bid sheet provided).

These prices will be weighted according to usage and used as the price component of the evaluation process.

When completing the market basket, respond to each category and bid using only the specifications provided.

If unable to match product specs, please supply an alternate with closest pack size, grade and pricing in the space allotted on bid sheet.

It is SGC’s preference that product pricing reflect the lowest cost of landed goods available from our suppliers.

Please DO NOT allow for any additional costs for sponsorship, marketing and or promotions when calculating product cost. The bid winner will not be asked to provide any of the aforementioned services as part of the completed contract.

Formula: The prices used for the purpose of this bid must come from documented supplier’s cost plus mark up. See example formula below that must be used for achieving the prices offered. Please supply prices (cost plus) for the day/week of 03/27/2017

Example – cost to distributor on 3/27/2017 $10.00

Freight if any $ .70

Delivered cost $10.70

Cost plus markup – 4% $ .43


Price to SGC $11.13

Additional Items: The successful bidder must be reasonably willing to warehouse and deliver special items under contract with other vendors per the contracted vendor’s pricing if applicable during the transition process.

Product Testing: SGC reserves the right to perform product testing and change product brands on any product during the contract period.

Deliveries- Please submit delivery availability for all locations to include SAC, SNC, and SBC. SGC is not willing to accept a minimum delivery dollar amount. In the case that an order is dropped for any SGC property the vendor will be expected to recover and deliver the product within reason. This would be the exception not the rule.

Delivery Outages: Delivery outages must be held to a maximum of 2% excluding substitutes and a maximum of 1% on center of the plate items, with all substitutes having to be approved prior to delivery.

·  All substitutes must be of equal or better quality than the product originally ordered. Should there be a price difference between the ordered product and the substituted product SGC will be charged either the price of the normally ordered product or the price of the substitute whichever is lower.

·  If critical products are not delivered completely, the vendor must correct the situation within four (4) hours.

·  If SGC has to buy a product from another source due to shortages that occur, the vendor shall be expected to reimburse SGC for any difference in the purchase price, if the alternate product costs more than the originally ordered product, and for any additional labor incurred by SGC.

Emergency Plan: The vendor must provide to SGC in writing an emergency plan for shipping errors, shortages, weather related problems and emergency deliveries. This plan should allow for same day deliveries if emergency orders are placed before noon.

Demonstrations: The supplier must provide food demonstrations as required. In addition, assist in conducting any special training on new product or equipment where applicable.

Product Requests/Samples: SGC expects to test samples of products to determine quality and acceptability, these product samples will be provided to SGC at no cost within reason. SGC reserves the right to request specific branded products to be procured and supplied by the winning bidder, which may include but is not limited to the following examples;

·  Black River Farms VT. (Grass Fed Beef)

·  Allen Bothers beef products

·  Buck Head Beef

·  Newport Meat

·  Brandt Beef

Vendor is encouraged to recommend special programs and new product ideas that would be helpful to SGC Operations.

Vendor Communication – Please provide detailed responses to the following:

·  Quarterly meeting/review- what will this entail, data, market watch etc…

·  New product ideas/Variety change- share cutting edge product cuts, suggest smart product changes where we are not achieving maximum buy/sell potential on particular cuts.

·  Revenue generating /savings ideas- discuss how you will commit to helping SGC cut costs while not reducing quality.


·  Upon commencement of the contract, the chosen vendor would be expected to assist SGC in managing any inventory changes to ensure a smooth and efficient transition.

Recall/Credit Policy- Bidders to provide a copy of their current policy. In turn, will be provided with SGC’s internal recall protocol containing all pertinent contact information.

III. Schedule of Events:

Request for Proposal issued 3/17/2017

Mandatory Vendor Conference call 3/22/2017 3:00 pm ET

Request for Proposal due 3/30/2017 3:00pm ET

Blind Cutting Date TBD

IV. Vendor Requirements:

A.  Performance: Bidders must have the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP. Subcontracting of services is not permitted without advance, express written consent. Goods/services must be provided by the entity submitting proposal.

B.  Insurance: At all times during the Awarded Vendor(s) performance of any resulting Purchase Order, Agreement or Contract, unless otherwise waived by Buyer, Vendor shall obtain and keep in force insurance coverage of the types, and with the minimum coverage limits, as determined by Buyer's Risk Management Department. All insurance must be provided by a licensed company with a minimum AM Best rating designated by Buyer's Risk Management department. Vendor shall provide Buyer with a certificate of insurance before commencing work under any Purchase Order, Agreement or Contract and Buyer shall be named as an additional insured on Vendor’s General Liability and Automobile Liability policies, if applicable. Buyer’s insurance requirements vary according to the nature of the contract and degree of risk, but normally include general liability, automobile liability, and workers’ compensation coverage. In addition, in appropriate cases, Buyer may require professional liability/errors & omissions coverage and/or network security/privacy coverage. Vendor shall not insure the goods on Buyer's account unless the terms of the Agreement or Contract so require. Certificates of such coverage shall be submitted prior to work being started. Proof of insurance coverage must be provided to SGC Risk Management Department.

C.  For any questions regarding insurance, please contact the Risk Management Department at . Please reference the Request for Proposal (RFP) number and Bid Description.

D.  Failure to maintain requisite insurance will entitle SGC to immediately rescind and/or terminate any resultant business relationship and contract with Awarded Vendor.

E.  Vendor Registration: Awarded Vendor(s) agrees to submit a completed Vendor Registration Form and designated fees as required by SGC’s regulator, the Seneca Gaming Authority (SGA). It is the Awarded Vendor(s) responsibility to fulfill the requirements, submit information and cooperate with any SGA investigation into its business functions, structures and principals when sales by said Awarded Vendor may reach or exceed Seventy Five Thousand Dollars ($75,000); and to maintain the registration/license through the duration of any purchase order or contract resulting from this RFP. Failure to do so will entitle SGC to immediately rescind and/or terminate any resultant contract or business relationship and may result in the suspension of payments to the Awarded Vendor.

F.  The SGA may also, in an appropriate case, require the licensure of individual employees of the Awarded Vendor who perform certain services that are or may be closely associated with SGC’s casino operation. As SGA retains the discretion to make this type of determination on a case-by-case basis, SGC is unable at the RFP point in the bidding process to state definitively whether such licensure will be required in any particular case.

G.  Seneca Nation of Indians Business License: In addition to SGA licensure, Awarded Vendor(s) with a calendar year spend of over $10,000 are required to obtain a Seneca Nation of Indians (SNI) business license throughout the course of any contract or business dealings with SGC. It is the Awarded Vendor(s) sole responsibility to maintain and renew the SNI business license in accordance with the terms set forth in the “Seneca Nation of Indians Business Code”. The Awarded Vendor must submit the application, together with the requisite fee, within 30 days following award of contract, to the following address: Seneca Nation of Indians, Business Permit Office, 12837 Rte. 438, Irving, NY 14081. To obtain the application form, and for any questions, please contact the SNI Business Office at (716) 532-4900, ext. 5033 or visit the SGC website at http://www.senecagamingcorporation.com/corp_standards.cfm. A copy of the Awarded Vendor’s application should contemporaneously be sent to Seneca Gaming Corporation - Procurement Department, 310 Fourth Street, Niagara Falls, NY 14303.

H.  Confidentiality: This document contains information (and Bidders may have access to) confidential information of the SGC and/or its affiliate. Bidders are authorized to use this information solely in connection with the preparation of a response to this RFP and fulfillment of any resulting purchase order or contract award. In submitting response(s) to this RFP, Bidder(s) agree and represent that the Bidder(s) will not directly or indirectly use the Confidential Information beyond the scope of the authority granted by SGC or disseminate, disclose or in any way reveal the Confidential Information or any part thereof, except upon the express written approval of SGC. SGC will keep all documents received from Bidders on a confidential basis, save to the extent disclosure is required to comply with requirements of SGC’s corporate Charter, as regards the approval of SGC’s Audit Committee, Board of Directors and Council of the Seneca Nation of Indians, if applicable.

I.  Disclosure of Potential Conflicts of Interest: If Bidder, or any director, officer, employee or owner of Bidder has a business or personal relationship with a director, officer or employee of the Seneca Gaming Corporation (or its affiliates) that may create a conflict of interest, or appearance of impropriety, for or relating to such director, officer or employee in connection with the entry into, or ongoing performance of, the transaction(s) or service(s) contemplated under this RFP, Bidder must disclose such conflict to the Corporation, in writing, to the extent Bidder has knowledge thereof.

J.  Kickback Covenant: SGC will not tolerate Kickbacks in any form. A “Kickback” shall be defined as any cash, fee, commission, credit, gift, gratuity, thing of value or compensation of any kind in exchange for favorable treatment in obtaining or retaining any purchase order or contract servicing SGC. Bidder agrees that its officers or employees have not and will not provide or attempt to provide, either directly or indirectly, any Kickback to any employees of SGC, the Seneca Nation of Indians (the “Nation”) or their respective officers, directors, employees or agents, nor to any citizens of the Nation.

K.  Conditions: Bidders shall question the conditions under which the goods and/or services will be used by SGC to guarantee the goods and/or services will be of sufficient quality and fit for the purposes of the bid specification. To proceed with the supply of goods and/or services shall mean acceptance of site conditions. Failure to comply with this clause shall in no way serve as the basis of any claims by the Bidder against SGC. No allowances will be made for failure to make proper site investigations or to completely understand the full nature of the requirements involved.

L.  Monetary threshold: At no time will the Awarded Vendor’s aggregate fees, billings, requests for reimbursement and/or invoices (collectively, “Billings”) to SGC exceed two million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($2,999,999) (the “monetary threshold”) unless and until advance written authorization to exceed the monetary threshold is granted by the Council of the Seneca Nation of Indians. SGC will not be liable for Billings which exceed the monetary threshold unless the requisite approval of the Council of the Seneca Nation of Indians has been obtained, Awarded Vendor must notify SGC when aggregate Billings reach the level of two million five hundred thousand dollars ($2,500,000). For this purpose, the term “SGC” includes the Seneca Gaming Corporation and all subsidiaries.

M.  Standard Service Agreement: Awarded Vendor will be expected to sign SGC’s standard services agreement, subject to such changes as are necessary to reflect the terms of this RFP and Awarded Vendor’s bid or proposal, and such further changes as the parties, acting reasonably, may agree.

V. Bid Information:

A.  This RFP does not commit SGC to award a contract, to pay any costs incurred in the preparation of the RFP, nor to procure or contract for services or supplies.