THE CATHOLIC UNIVERSITY OF AMERICA

DATE: February 23, 2011

NUMBER: CUA-POUR_0022011

THIS IS NOT AN ORDER

REQUEST FOR PROPOSAL

BEVERAGE POURING RIGHTS

I have read the entire document and shall comply with all requirements listed herein.

Vendor’s Signature Vendor’s Name (Printed)

(Sign both this page and the enclosed submittal sheet.)

Submittal due Date and Time:

Five (5) hard copies, one with original signature and one (CD) or electronic copy must be submitted and received by 4:00 p.m. EST on Wednesday, March 23, 2011.

The Catholic University of America

Procurement Services

620 Michigan Ave

Leahy Hall; Suite LL40

Washington, D.C. 20064

Attn: Norman Brown, Director

Tel: (202) 319-5044 Fax (202) 319-5047

Late Submittals Will Not Be Accepted

Respondent Identification: (Return this completed page with your hardcopy submittals.)

Company Name Company Contact

______

Tel: (include area code) Fax no. E-Mail

ii | Page

The Catholic University of America Confidential Request for Proposal: CUA-POUR0022011

February 23, 2011

TABLE OF CONTENTS

PART A INTRODUCTION...... Pg. 3

A.  General Description & Background Information

B. RFP Timetable

C. Definitions

PART B GENERAL REQUIREMENTS, TERMS & CONDITIONS...... Pg. 9

1. Contract Period

2. Objective

3. Beverage Availability Rights

4. Marketing Rights

5. Equipment, Utilities, Supplies and Space Use

6. Pricing and Commissions

7. Monthly Commission Payments

8. Specifications

9. General Conditions

PART C INSTRUCTIONS TO RESPONDENTS...... Pg. 27

1. Responsive Proposals and Bid Acceptance Period

2. Required Information and Data

3. Caution to Bidders

4. Bid Withdrawal or Modification of Bids

5. Questions relating to interpretation of bid document may be directed to:

PART D EVALUATION FACTORS & BASIS OF AWARD...... Pg. 30

1. Bid Evaluation

2. Reference and Background Checks

3. Selection of Proposals

PART E SUBMITTAL REQUEST...... Pg. 32

1. Company Information

2. Financial Information

3. Marketing and Customer Service Plan

4. Product and Pricing

5.  Equipment

6. Confidential Information

7. Respondent Certification

8. Penalty for Collusion

9. Bid Results

10. Bid Protest

Appendices ………….……………………………………………………………………………………………………. Pg. 35

Appendix A: Catholic University Terms and Conditions

Appendix B: University Academic Calendar

Supporting Exhibits:

Exhibit 1: CUA Supplier Registration Form

Exhibit 2: Notice of Intent to Propose (due Tuesday March 1, 2011)

Exhibit 3: Bidder’s References, Contact forms (2) and Financial Information (2)

Exhibit 4: Stipulation Questions

Exhibit 5: Exceptions to Contract Terms (reference by section)

Exhibit 6: Debarment

ii | Page

The Catholic University of America Confidential Request for Proposal: CUA-POUR0022011

February 23, 2011

PART A: INTRODUCTION

A. GENERAL DESCRIPTION & BACKGROUND INFORMATION

The Catholic University of America (CUA), is seeking proposals from an experienced and qualified vendor to provide beverage pouring rights, sales of package beverages, and sales through post-mix fountain beverage dispensers to its students, faculty, staff and visitors at various locations throughout CUA campus community locations.

CUA is looking to significantly upgrade the features and aspect of beverage services offered across our campus community. The university reserves the right to make whole, split and multiple awards as a result of this solicitation; to make no award at all or to change the terms of the solicitation and make an award to any vendor CUA chooses; and to make all these decisions entirely within the absolute discretion of CUA .

Throughout the term of the resultant contract(s), CUA reserves the right to increase or decrease the number of beverage machines at each site, services requested, and/or to expand the services to other CUA sites. Such changes to the contract, or additional contracts, shall be at the same prices, terms, and conditions provided herein.

About The Catholic University of America

CUA is an independent, non-profit, co-educational institution of higher education with approximately 3,600 undergraduate and 3,400 graduate students (including full and part-time students). CUA is unique as the national university of the Catholic Church in the United States and the only higher education institution founded by the U.S. Bishops. Established in 1887 as a graduate and research center, the University began offering undergraduate education in 1904. CUA is located on 193 acres in northeast Washington, D.C. and offers programs of study leading to bachelor, master and doctoral degrees in the liberal arts and sciences, religious studies, and several professional areas including engineering, architecture, social service, nursing, music and law.

CUA is qualified as an organization exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code. CUA accepts students without regard to race, color, religion, creed or national origin and follows both federal and Washington, D.C. non-discrimination laws.

Figure 1.0 that appears below outlines a statistical profile of CUA’s student enrollment, student residency as well as faculty and staff headcount.

Figure 1.0: Catholic University Statistical Profile

About Student Life Campus Services

Campus Services (CS) is located organizationally under Student Life, and is operated under the direction of the Vice President of Student Life. The Associate Vice President for Campus Services has direct, day-to-day oversight of beverage services. Campus Services provides a diverse range of support programs and services to the campus community, including the following Business Units:

o  Student Center

o  Dining, Catering and Conference Services

o  Housing Services

o  Postal Services

o  Retail: beverage and vending machine services (including pouring rights oversight), Conference Center, University Bookstore

Campus Services is a valued contributor to the quality of life at CUA through its partnerships, collaborative efforts, professional management, and staff expertise. Campus Services provides quality services to support the daily work-life needs of the faculty, students, and staff as well as parents and other visitors to the campus. Campus Services contributes to the enrichment and development of a campus community through:

a)  the provision of gathering spaces and facilities for social, cultural and intellectual exchange; and,

b)  Sponsorship and collaboration on arts, athletic, campus ministry, entertainment and cultural events.

Campus Services provides services that are flexible and adaptable to changing customer needs and desires. Driven by customer input, our products and services are state-of-the-art customized to each location which reflects the price, quality, and product type representing the diversity of the CUA community.

B. RFP TIMETABLE

**Please Note** CUA does not guarantee the above schedule and reserves the right to modify this schedule to best meet its needs. The RFP timeline accommodates the consideration for a switchover period from incumbent to possibly a new service provider and/or services.

Notice of Intent to Propose Form Due Tuesday March 1, 2011

Pre-bid Conference and Site Tour Tuesday March 8, 2011 at 2:00 PM

This is a Mandatory Bidder’s Conference and site tour of the University. The location for the Bidder’s Conference is as follows:

The Catholic University of America

620 Michigan Avenue

The Edward J. Pryzbyla University Center; Room 327

Washington, D.C. 20064

Contact Name: Tim Carney

The site tour will follow immediately after the meeting.

Addendum Completion Monday March 14, 2011

Response to RFP Due to CUA Wednesday March 23, 2011 at 4:00 PM

NOTE: Metered parking is available in the lot adjacent to the National Shrine and limited visitor parking is available in the McMahon Parking lot between the Edward J. Pryzbyla University Center and Caldwell Hall.

Links:

CUA’s public website

www.cua.edu

Directions to CUA campus

Printable CUA campus map

http://www.cua.edu/res/docs/cuamap.pdf

CUA’s Procurement Services website:

http://treasurer.cua.edu/Procurement-Services/requestsproposals.cfm

Posting under ‘Request for Proposal’

C. DEFINITIONS

BUYER: The Catholic University of America

Procurement Services

620 Michigan Avenue; LHY LL40

Washington, D.C. 20064

Phone: (202) 319-5044

Fax: (202) 319-5047

SLCS or CS: Student Life Campus Services or just Campus Services

SELLER: The term "Seller", "Supplier", "Contractor", "Respondent", "Provider", “Proposer,” "Vendor" and “Bidder,”, are used interchangeably herein and refer to the same entity, the provider of beverage goods and services to the University.

CONTRACT: The contract document to be furnished to Seller(s) by CUA, which specifically describes goods and/or services plus terms and conditions to be covered.

CONTRACT

ADMINISTRATORS: The Catholic University of America

Campus Services

620 Michigan Avenue

Edward J. Pryzbyla University Center

Washington, D.C. 20064

Phone: (202) 319-5291

Fax: (202) 319-5529

Fiscal Year: Catholic University’s fiscal year is the twelve (12) month period beginning May 1 and ending April 30 of the immediate following calendar year.

UNIVERSITY: The terms "University", "The Catholic University of America", “Catholic University”, "CUA", "Buyer", "Department" and “campus” are used interchangeably herein and refer to the same entity: The Catholic University of America.

WORK: "Work" shall include all obligation, duties, requirements, services and responsibilities required for the successful completion of the Contract by the Seller, including the furnishing of all supervision, labor, equipment, materials, supplies, services and oversight incidental to the execution of the Contract and in accordance with the terms and conditions set forth in the Contract.

CONTRACTOR: The terms "Contractor," "Seller," "Supplier," "Vendor," and "Bidder" are used interchangeably herein and refer to the same entity, the provider of Beverage Machine Services.

RFP: Request for Proposal

Days: Calendar Days, unless otherwise specified.

BIDDER’S

CONFERENCE: ***There will be a Mandatory Bidder’s conference for this bid. ***

The Mandatory Bidder’s Conference is scheduled for Tuesday, March 8, 2011 at 2:00 PM. The location for the Bidder’s Conference is as follows:

The Catholic University of America

620 Michigan Avenue

The Edward J. Pryzbyla University Center; Room 327

Washington, D.C. 20064

Contact Name: Tim Carney

A site tour will be conducted immediately following the conference.


PART B: GENERAL REQUIREMENTS, TERMS & CONDITIONS

1.0 Contract Period

1.1  Initial Contract Period

The initial agreement period shall commence approximately June 2011 through June 2016, a sixty (60) month term. Contract award is subject to appropriate upper-level University review and approval.

1.2 Contract Extension

CUA, at its sole option, reserves the right to extend any resultant contract for an additional twenty-four (24) months in either one (1) twenty-four month increment or two (2) twelve- (12) month increments. The extension (including the above consideration) will be at the same terms and conditions as originally stated. Bidder recognizes and agrees that the business obtained under the extension will constitute the sole consideration for the extension. CUA will notify the contractor thirty (30) days prior to the contract end of its decision to extend or cancel the additional extension period.

In the event the above option is not exercised and additional time is required by the University to initiate a new contract, Contractor agrees to continue providing beverage machine services to CUA on a month-to-month basis for a period not to exceed six (6) months at the same prices, terms and conditions of the original contract.

This contract is for the Student Life Campus Services, 620 Michigan Avenue, Washington, D.C. 20064.

2.0 OBJECTIVE

The Catholic University of America is seeking a qualified vendor to provide beverage pouring services to CUA campus. The mutual goals of CUA and the potential services provider should be maximizing revenue, promoting and increasing market share, controlling costs and providing exceptional service to the CUA community

The University anticipates that the opportunities presented by this agreement will provide substantial benefits for the University and beverage supplier. This RFP provides important information for evaluation of the venture.

3.0 BEVERAGE AVAILABILITY RIGHTS

University agrees that all beverages sold, distributed or sampled (that is, distributed at no cost) at all locations on the campus where refreshments are sold or dispensed will be product as-specified in the agreement. University agrees that it shall, or shall cause its concessionaires to purchase the complete requirements of products for the campus from the supplier’s corporation either directly or as a company agent, provided that if distributor is unable to supply any products that the University desires to purchase, then the university may purchase such products from another authorized company distributor.

The university shall use reasonable efforts to permit promotion maximizing concession sales and sales and distribution of Products on the campus

The University shall promote the sale of products sold in stands in approved cups or twenty-ounce bottles at all sporting events.

4.0 MARKETING RIGHTS

1.  University will grant to the supplier the following promotion rights: Market and promote the beverages in connection with the university, the campus, its student groups and teams, including the right of recognition of it sponsorship on panels. The supplier must obtain approval of the Associate Vice President for Campus Services on all marketing and promotion plans, events, materials, advertisements, direct marketing initiatives, sponsorships in advance of distributing on any CUA campus or University location;

2.  Refer to the supplier in any sponsor’s marketing material as a sponsor of the university and it’s student groups or athletic teams, and refer to any brand of products in any of the suppers marketing material as an “official” soft drink, sports drink, tea, juice or juice drink of the university;

3.  Sample product and survey individuals on campus with the university prior approval, which shall not be unreasonably withheld;

4.  Undertake beverage promotions at or in connection with the university, authorized student groups and athletic teams including offering products in promotional packages bearing CUA logo on a royalty-free basis;

5.  Only supplier product trademark shall be displayed on beverage dispensing machines on the campus;

6.  University has the right to pre-approve the concept for any promotional activity and any artwork or other items created by the supplier for use in promotional marketing;

7.  PERMITTED EXCEPTIONS agreed to by both parties in advance.

As long as similar product(s) is not available, CUA has the right to make available for sale on the campus freshly brewed coffee, specialty coffee, specialty coffee drinks, freshly brewed tea, hot chocolate, milk, premium and healthy carbonated drinks, sodas, juices or energy drinks. This will not be deemed to allow advertising or promotional rights in regards to competitive products, except that trademarks and package labeling for such competitive product may be displayed on menu boards, dispensing equipment or retail displays.

For certain special events and receptions in residence halls, products or other manufacturers and premium products may be made available if donated by private parties or purchased by the event sponsors.