request for proposalkysu.edu/wp-content/uploads/2017/02/food-services-rfp...this request for...

KENTUCKY STATE UNIVERSITY REQUEST FOR PROPOSAL RFP-17-02 DINING SERVICES PROGRAM

Issue Date: February 16, 2017 Due Date: March 27, 2017 at 2:00 pm EST Purchasing Department Kentucky State University 400 East Main Street Academic Services Building Room 424 Frankfort, KY 40601

Kentucky State University RFP-17-02

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REQUEST FOR PROPOSAL (RFP)

ATTENTION: This is not an order. Read all instructions, terms, and conditions carefully.

PROPOSAL NO.: RFP-17-02 RETURN ORIGINAL COPY OF PROPOSAL TO: Issue Date: February 16, 2017 KENTUCKY STATE UNIVERSITY Purchasing Official: Alecia Oldham PURCHASING DEPARTMENT Phone: (502) 597-6434 400 EAST MAIN STREET Type of Service: DINING SERVICES PROGRAM FRANKFORT, KENTUCKY 40601

IMPORTANT: PROPOSALS MUST BE RECEIVED BY: March 27, 2017 at 2:00 PM, EST

1. It is the intention of the Request for Proposal (RFP) to enter into competitive negotiation as authorized by KRS 45A.085. 2. Proposals for competitive negotiation shall not be subject to public inspection until negotiations between the purchasing agency and all Offerors

have been concluded and a contract awarded to the responsible Offeror submitting the proposal determined in writing to be the most advantageous to the University. Price and the evaluation factors set forth in the advertisement and solicitations for proposals will be considered.

3. An award of contract may be made upon the basis of the initial written proposals received without written or oral discussions. 4. Contracts resulting from this RFP must be governed by and in accordance with the laws of the Commonwealth of Kentucky. 5. The University reserves the right to request proposal amendments or modifications after the proposal receiving date. 6. THE TERMS AND CONDITIONS OF THIS REQUEST FOR PROPOSAL INCLUDE ALL GENERAL CONDITIONS, AS SET FORTH BY KENTUCKY STATE

UNIVERSITY PLUS ANY SPECIAL CONDITIONS ENUMERATED HEREIN. NOTICE 1. Any agreement or collusion among Offerors or prospective Offerors, which restrains, tends to restrain, or is reasonably calculated to restrain

competition by agreement to proposal at a fixed price or to refrain from offering, or otherwise, is prohibited. 2. Any person who violates any provisions of KRS 45A.325 shall be guilty of a class D felony and shall be punished by a fine of not less than five

thousand dollars nor more than ten thousand dollars, or be imprisoned not less than one year nor more than five years, or both such fine and imprisonment. Any firm, corporation, or association who violates any of the provisions of KRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars or more than twenty thousand dollars.

AUTHENTICATION OF RFP AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040:

1. That I am the Offeror (if the Offeror is an individual), a partner (if the Offeror is a partnership), or an Officer or employee of the bidding corporation having authority to sign on its behalf (if the Offeror is a corporation);

2. That the attached proposal has been arrived at by the Offeror independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other Contractor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent offering or competition;

3. That the contents of the proposal have not been communicated by the Offeror or its employees or agents to any person not an employee or agent of the Offeror or its surety on any bond furnished with the proposal and will not be communicated to any such person prior to the official closing of the RFP:

4. That the Offeror is legally entitled to enter into contracts with the Kentucky State University and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 through KRS 45A.340 and KRS 164.390, and

5. That I have fully informed myself regarding the accuracy of the statement made above. SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS In accordance with KRS45A.110(2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly violated any

provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to an Offeror will not violate any provision of the campaign finance laws of the Commonwealth of Kentucky.

OFFEROR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342 The Offeror by signing and submitting a proposal agrees as required by KRS 45A.485 to submit final determinations of any violations of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract and agrees to remain in continuous compliance with the provisions of the statutes during the duration of any contract that may be established. Final determinations of violations of these statutes must be provided to the University by the successful Offeror prior to the award of a contract.

CERTIFICATION OF NON-SEGREGATED FACILITIES The Offeror, by submitting a proposal, certifies that he/she is in compliance with the Code of Federal Regulations, 41 CFR 60-1.8 that prohibits the maintaining of segregated facilities.

SIGNATURE REQUIRED: This proposal cannot be considered valid unless signed and dated by an authorized agent of the Offeror. Type or print the signatory's name, title, address, phone number and fax number in the spaces provided. Offers signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to the issuing office.

____________________________________________________________________________________________________________________ Company Name Authorized Signature Date

____________________________________________________________________________________________________________________ Address Typed or Printed Name

____________________________________________________________________________________________________________________ City, State, Zip Title ____________________________________________________________________________________________________________________ Phone Number Fax Number Federal Identification Number


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1.0 DEFINITIONS

Addenda or Addendum

Written or graphic instructions issued by the Kentucky State University prior to the receipt of Proposals that modify or interpret the Request for Proposal Documents by addition, deletions, clarification, or corrections.

Competitive Negotiation The method authorized in the Kentucky Revised Statutes, Chapter 45A.085.

Contract and Resulting Contract

Used interchangeably and are defined as the official agreement and contract award resulting from the Successful Offeror’s response to this Request for Proposal.

Contractor or Successful Offeror The individual or entity receiving a contract award.

KAR

Kentucky Administrative Regulations; regulations that are promulgated by state agencies to enhance and clarify procedures that are authorized by a specific statute. After public review and acceptance by the agency, the

regulations effectively become law until rescinded or revised by the agency.

KRS References

Kentucky Revised Statutes adopted by the Commonwealth of Kentucky including all laws and related regulations that may have been revised, amended, supplemented, or new laws enacted.

Offer or Proposal

The Offeror(s) response to this Request for Proposal.

Offeror

The individual or entity submitting proposal.

Purchasing Agency Kentucky State University Purchasing Department

Purchasing Official

The University's appointed contracting representative. The Purchasing Official for this RFP is Alecia Oldham.

Responsible Offeror

A person, company, or corporation who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance.

Solicitation

This Request for Proposal (RFP).

University

Kentucky State University (KSU).

Work or Services Includes the construction and/or services required by the Contract Documents, whether completed or partially

completed, and includes all labor, supervision, materials, equipment, services, and things provided or to be provided by the Contractor to fulfill the Contractor’s obligations.


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2.0 GENERAL OVERVIEW

2.1 Intent and Scope

This Request for Proposal (RFP) is issued to solicit sealed proposals from qualified, experienced, financially sound,

and responsible companies to establish a contract through competitive negotiations for a comprehensive dining

services program. The initial term of the contract resulting from this RFP will be July 1, 2017 to July 31, 2019, with the option to renew.

The contract covers operations/locations listed in Section 2.2 Background Information and future campus sites as

designated by KSU. Special meals, receptions, or other functions are required in facilities located on campus including the President’s home and Rosenwald Child Development Center. The contract includes the concession rights to

athletics and other University-sponsored events. The contract does not include soft drink and snack machines located

on campus.

2.2 Background Information

The current dining locations on campus include the Carl M. Hill Student Center (main cafeteria, grill, food court, and

faculty/staff club); the convenience store located in Hathaway Hall. Concessions are currently available during athletic events.

The Rosenwald child development center will provides meals for pre-kindergarten and after-school care and may be included in the final contract at the University’s option.

2.3 University Information

Kentucky State University was founded in 1886 as a normal school for the training of African-American teachers

in Kentucky. Today, KSU is one of two historically black institutions of higher education in the Commonwealth of

Kentucky and one of only two land grant institutions in the state. Now in its 130th year of educational service to Kentucky and the nation, KSU is the most diverse institution of higher education in Kentucky.

Kentucky State University is located in Frankfort, the state’s capital with a population of about 27,000. Frankfort

is approximately 25 miles from Lexington and 50 miles from Louisville. The main campus consists of 513 acres and 34 academic, residential, athletic, and service buildings, in addition to the south campus and research farm.

KSU employees approximately 500 faculty and staff, including 125 faculty members.

Kentucky State University enrolls a diverse population of approximately 1,600 full-time and part-time students from around the world. KSU is also home to more than 40 student organizations and 12 NCAA Division II sports programs. The University sponsors numerous intramural sports and recreational activities.

KSU offers 27 Baccalaureate degree programs, 2 Associate degree programs, 8 Master degree programs, and one

Doctorate degree program.

Additional information about Kentucky State University is available at www.kysu.edu.

3.0 SCOPE OF SERVICES

3.1 General

The Contract resulting from this RFP will be for all dining services for Kentucky State University. The successful

Offeror shall purchase, prepare, serve food and food products on the Kentucky State University campus, and provide

balanced, nutritious meals for University students, faculty, staff, and guests on hourly schedules in multiple venues. Responses to this RFP must be inclusive of all dining services; the University does not desire to receive proposals for

any operation on an individual basis.

The successful Offeror will design and conduct a dining services program that enhances students’ quality of life and is supportive of the total educational experience. These specifications are intended to preserve the integrity of the

http://www.kysu.edu/


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University’s dining services program but shall in no way restrict the creativity or competitive spirit requested in this

RFP. The Offeror is encouraged to propose practical and innovative meal plan programs that strive to encourage student satisfaction and retention to the University and the University’s residential life programs. The Offeror shall

also offer a well-rounded array of meal plans and retail options that are appealing to students as well as faculty, staff, and guests. The Offeror shall demonstrate a unique combination of national and house brands to support the diverse

population at Kentucky State University. The dining services program shall commit to offering nutritious, well-balanced

meals that are low in fat and sodium, visually appealing, and consistent with student, faculty, staff, and guest expectations.

The requirements outlined in this Scope of Services are considered to be the minimum required for the University’s

dining services program. Offerors are strongly encouraged to propose enhancements and additions for a creative and financially responsible program. It is the University’s objective to provide students, faculty, staff, guests and patrons

of Kentucky State University with the highest quality dining services and products and courteous and efficient service

staff at the most reasonable and economical prices possible.

Kentucky State University has a mandatory meal plan for all students living in the University’s residence halls. The University has a campus one-card program in which the successful Contractor will be required to participate. The

program allows students, faculty, and staff access to goods and services other than food. Program access includes

copy services and laundry facilities. The program will eventually lead to access to goods and services provided by off-campus vendors.

Each Offeror shall make available a wide variety of dining services and food choices that address and include, but are

not limited to, the following:

Cash sales, casual meal outlets

A la carte cafeteria (multiple stations, concepts, grill, etc.)

Brand name fast-food franchise outlets (food court, other venues)

Catering services

Faculty/Staff dining

Special dietary offerings (i.e. vegetarian, vegan, kosher, diabetic, organic, etc.)

Local products, organic products

Concessions (athletic events)

Convenience stores

Extended campus locations

Participation in student food service committee

3.2 Objectives

The University seeks to accomplish the following objectives as a result of this RFP process. This list shall not be considered all-encompassing and is listed in no particular order of importance.

A. To offer the latest food concepts in addition to exceptional service and convenient operating hours which are a

direct reflection of the needs of University students, faculty, staff, and guests.

B. To enrich the quality of the residential dining program, creating greater demand for these programs while maintaining costs at a reasonable and acceptable level.

C. To build a solid base of operations for all retail sales as well as improving the profitability of retail venues without negatively impacting residential student pricing.

D. To implement dynamic marketing strategies.

E. To employ state-of-the-art technology throughout the dining services operations, including the use of debit and credit cards at all venues.

F. To develop financial controls and reporting systems that meet the needs and expectations of the University. G. To provide the University with a competent, experienced professional management staff, with significant

experienced in providing top-notch levels of customer service.

H. To provide ongoing training for all levels of employees in all dining services operations. I. To strengthen all dining services operations to maximize profitability, productivity, and efficiency.


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J. To establish flexibility in all aspects of dining services operations, enhance customer service responsiveness, and

make a positive impact on the educational environment, residential environment, and overall social and cultural climate of the University community.

K. To provide multi-level (ranging from low-end to high-end executive) state-of-the-art dining services for catering, conferences, and special events.

L. To professionally brand and market the entire dining services program.

M. To continuously add flexibility and options for commuter students. N. To continuously enhance and improve overall customer service in any and all aspect of dining services.

O. To enhance the monetary contribution to the University from dining services operations.

3.3 Service Requirements

The following details the key service and program requirements for this proposal:

A. Retail Dining Services

Kentucky State University has a student population of approximately 1,736 students; residential students number

approximately 1,258. There are approximately 111 full and part-time faculty, and approximately 344 full and

part-time staff. The University believes the entire campus population, including all students, faculty, staff, guests, and visitors, are its retail base of customers. The University is very interested in discovering available offerings

at remote dining locations (defined as operations outside of the Student Center) and the variety of concepts or franchises that might be available. The University reserves the right to request foods which may or may not be

part of the Contractor’s normal offerings, including, but not limited to, organic products, locally grown products, etc.

The Offeror must provide a clear and concise vision of the retail services brand group proposed for the University. The Offeror must provide a detailed market-driven plan for all retail services to be provided including rationale

per location, menu mix, price outline, and samples (both written and visual) of sophisticated retail venues and nationally branded franchises. The Offeror is expected to propose the best market-driven plans to this process

for current operations as well as a vision for potential expansion. Included in this proposal should be the timing

and process of refreshing or renovating current facilities. The Offeror should assess the University’s viable retail potential in current facilities through campus mapping and provide rationale for any assumptions and conclusions.

Strategies would be included that will attract under-served late afternoon, evening, and overnight clientele’s would be included. The Offeror should provide details of the service management process, including how the Offeror’s

retail portfolio will be developed, implemented, integrated, managed, reported, and evaluated. The Offeror must

be specific as to how the University’s various retail customers will be serviced and how customer service and satisfaction will be measured. Include tools, assessment models, and evaluation criteria for this assessment

program.

B. Residential Dining Services

See Attachment A for board plan data. The University is not anticipating any major decline in meal plan sales;

however, the University expects the Offeror to provide new and creative ideas for additional meal plan options for the Fall 2017 semester.

The University is committed to continuing to build its residential life programs, including enhancing the dining

experience and building a vibrant community-oriented experience reflecting the mission of the University. The

University would like to create a dining service where the barriers between residential and retail dining are non-existent; where a diverse set of dining venues appeals to customer attitudes and tastes; where the method of

purchase or transfer is irrelevant; and where creative approaches to meal plans eliminate the missed meal factor and issues with equivalencies. The Offeror is expected to describe in detail meal plan programs and structures

incorporating added value and flexibility. These plans must include innovative, student-centered, and customer-oriented residential dining menu formats. Plans must also address dining services during periods between terms,

holiday periods, vacation periods, and other times when the University is not in full operational mode.

With regard to food selection, preparation and presentation, the Offeror is expected to provide creative

approaches to restaurant quality just-in-time cooking programs so food presented is of superior quality, fresh,


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well-prepared, and appealing to the customer. Continuous food preparation in smaller quantities should be

offered, allowing for fresh tasty food to be served during non-peak serving periods without limiting selections. The Offeror will provide qualified culinary talent to build and maintain sales and customer satisfaction. The

proposed program must provide for significant upgrades to the current residential programs and include healthy and varied dining selections and options.

The Offeror is expected to provide creative approaches to develop alternative dining services delivery methods. Examples include, but are not limited to, online ordering, outlets to purchase grab-and-go convenience foods,

and pick-up, take-out, and carry home options -- even when home is on campus. The Offeror’s approach will include programs that address vibrant and innovative retail market trends being used on campuses throughout

the country.

The Offeror agrees that annual submission of product specifications and portion size detail will be a requirement

of the University. Any and all portion size changes and ingredient quality or grade changes are subject to prior approval by the University. Contractor adherence to negotiated food specifications will become a component of

the ongoing performance evaluation by which contract extensions may be determined. The University stipulates that if the successful Contractor reduces or significantly changes the grade or quality of products used without

the prior approval of the University, the Successful Contractor will be in direct violation of the contract terms and

the University will immediately seek redress.

The Offeror shall describe in detail the proposed hours of operation, points of service, and methods of service delivery that will be implemented to meet the diverse and ever-changing desires and needs of residential students.

Additionally, the Offeror is required to fully address each of the following:

1) Provide a detailed approach to issues of requested “sick trays” and special dietary requirements. 2) Provide a sample menu cycle reflecting the proposed meal plan programming for the University.

3) Provide a detailed plan for the ongoing development and maintenance of the dining services website. 4) Provide a sample calendar of events and promotions for the residential dining program. All menus and

monthly promotional calendars must be well promoted and posted on the dining services website.

5) Provide a process and plan of ongoing evaluation including assessment models and methodology that will be used for measurement of customer satisfaction in the residential dining program.

6) Provide the methodology by which identified areas of customer dissatisfaction and other areas requiring improvement will be addressed.

7) Provide a plan for dining services growth during the contract term, given planned growth of

student population.

C. Catering Services

The University considers the catering program to be a vital element of the overall dining program. In addition to

students, faculty, and staff, the University has numerous visitors and guests to its Frankfort campus every year. Guests include prospective students and their families, conference participants, event participants, business and

political leaders, and alumni and friends of the University. The University requires a three-tier program, from a low-end, no-frills basic concept and progressing to a high-end, executive-level elegant catering service program.

The University expects the Contractor to work with student groups and other on-campus organizations when

solicited for contributions, and that any such contributions are made in accordance with established and applicable University protocol or policy.

Major events on campus include, but are not limited, to Board of Regents meals, Homecoming, graduation events,

year-end student picnic, and other various functions. The University expects a strong working relationship to be

established between the Contractor and all campus departments, and specifically between Auxiliary Services, Office of the President, Student Government Association (SGA), Faculty Senate, and Staff Senate. The Contractor

is also expected to make online ordering available to the University community via its webpage.

Offerors shall propose at a minimum a three-tier catering program from no-frills, low-end services to high-end, executive level services. The Proposal shall indicate all service training, marketing, advertising, and methods to

coordinate efforts of catering managers and staff with University departments. The successful Offeror will work


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extensively with University Auxiliary Services to facilitate the planning and coordination of all campus events,

conferences, and camps. Offerors shall include proposed strategies providing consistent, quality service whether the event is for a student organization or the President of the University. Offerors shall outline strategies that will

lead to increased catering revenues. Proposals should also include how last-minute bookings and event changes will be managed.

Proposals shall include complete menu offerings, demonstrating an understanding of the varying needs and requirements of a diverse University community. Printed material as well as electronic options to streamline the

ordering and confirmation process should be included. Pricing for all levels of catering must be annually presented to the University for approval.

Proposals shall specifically address catering events during summer, holiday periods, weekends, and other times

when the University may not be in full operational mode. Proposals shall specifically address summer camps and

athletic camps, including equity in dining services options and offerings for various groups and attendees.

Any special catering equipment, including any delivery vehicle(s), is the responsibility of Contractor. Contractor shall configure and set up/break down tables, chairs, etc. Contractor shall promptly remove all catered items,

foods, dishes, wares, etc. as soon as possible and practical after the conclusion of catered events.

Proposals shall include examples of training and development programs available to employees that will ensure

employees are initially and continually trained to provide appropriate levels of service to University clientele. Assessment tools and evaluation models that will be utilized for all aspects of the catering operation should be

included, as well as an explanation of methodology used to determine if catering programs are successful.

D. Market Development and Financial Information

The University has outsourced its dining services for a number of years. The University recognizes outsourced operations must be mutually beneficial financially and provide for facility renewal and equipment replacement while

addressing ever-increasing expectations of all clientele. The University expects a reasonable financial return from the dining services program and expects to continue improving and expanding its dining services program to a standard

the University community has come to expect.

The comprehensive financial plan shall include the following information:

1) Proposed Commission Schedule

a. Retail Dining Services

b. Residential Dining Services c. Catering Services

d. Concessions e. Other

2) Proposed Capital Contribution a. Start-up Costs

b. Renovations and/or Restorations The proposal must state in detail all proposed renovations and/or restorations of facilities proposed by

the Offeror. The plan must include drawings, descriptions of work to be performed such as structural modifications, electrical and plumbing needs, and any other modifications to existing facilities. The plan

must also contain details of estimated costs involved with the renovations and detail the plan of amortizing

such costs over the life of the contract. Offeror should provide a schedule of projected renovations. The Contractor agrees to renovate the facilities to provide a quality ambience and dining experience. As KSU

designates future food service sites, the Contractor will provide a plan that must include drawings, descriptions of work to be performed such as structural modifications, electrical and plumbing needs, and

any other modifications to future facilities. Contractor has one (1) year from such designation to complete

the project. The amortization of the project cost shall be at a maximum of five (5) years. c. Scholarships

- Substantial annual donation to the Scholarship Campaign over the contract term.


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- Board grants, on an annual basis, for 10 deserving students of the University to be mutually selected

by the Contractor and University. A board grant is equivalent to the rate charged to the student by the University for the meal plan on an annual basis.

3) The dollar amount and percentage allocated to food costs, labor costs, and all direct expenses.

4) A description of any proposed capital investment and any amortization/repayment schedule.

5) A description of the methodology, research, and development processes to be utilized for dining services venue

development, as well as facilities and service plans for future growth and expansion.

6) The proposed planning for fiscal year 2017-2018, including all programming, formats, concepts, and services by business category, noting residential and retail dining venues, service styles, hours of operation, menu offerings,

and pricing, where applicable.

7) A detailed marketing plan for the University that includes, but is not limited to, goals and objectives by business

type (residential, retail, catering, etc.), proposed strategies including brand review, pricing analysis, new business potential, and market segment identification and development. Provide examples of intended print and visual

media and the utilization of the dining services webpage.

8) A description of value assessment and satisfaction measurement which provides for ongoing meaningful feedback

from all segments of the campus community. Include examples of survey and evaluation tools and how information will be interpreted and analyzed, shared with the community, and utilized to incorporate changes and

improvements.

9) Describe on-campus marketing management, including proposed staffing, positions, skill level and experience of

employees.

10) The Offeror’s plan to interact with the University community in a way that enhances visibility and campus presence of dining services. There are many events throughout the year providing such opportunities. These include, but

are not limited to, organizational fundraisers and faculty and staff recognition events. The plan should address

contribution requests from various campus constituents.

E. On-Site Operations, Management, and Corporate Support

The University understands there can be many challenges with the operation of a diverse University dining services

program. The University does not wish to mandate Contractor internal policies, but the University does require

Contractor to staff all management positions with employees having sufficient expertise at all levels of management.

The Contractor’s resident food service manager and assistant managers will be selected with prior approval from the University. The managers and assistant managers will represent the Contractor at the University only as long as their

performance is acceptable to the University. They will not be removed or transferred without the University’s approval,

a replacement being identified, and the replacement having started at KSU.

The Contractor will provide corporate support personnel who shall maintain an ongoing and active engagement with the onsite management team and University administration. The University is convinced that the foundation for any

successful dining services operation lies in the strength of the on-campus team, and the Contractor will offer only

those managers who meet the above noted qualifications. The University requires specific details on corporate commitments in support of on-site activities including personnel, purpose, frequency of involvement on campus, as

well as any expenses the Contractor intends to levy upon the on-site unit for making the services available.

The University expects a relationship grounded in mutual performance which meets financial and customer satisfaction

objectives. The University realizes that financial success is critical to the long-term relationship and will require mutually agreed upon performance standards, measurement, and assessment within the context of an annual dining

services plan. Proposals shall include recommendations on establishing performance standards, including benchmarks

for each individual business unit or concept; methods and methodology of measurement and assessment, including a timetable for measuring feedback (weekly, monthly, continuous, etc.); and a detailed framework describing the

relationship of successful performance to financial results.


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F. Food Safety Management

The Contractor must provide action plans for ongoing maintenance of industry standards for food and physical safety.

Action plans must include staff training plans for both start up and continuous operation for all dining services employees.

All professional dining services managers assigned to the University are required to have successfully passed the

National Sanitary Foundation (NSF) Food Safety Certification course within 90 days of appointment to the University.

The Contractor must provide a detailed action plan for routine health and safety tests that will be performed by

independent testing services as well as the Contractor to ensure proper implementation of health and safety standards. All test results and Health Department inspections must be delivered to the University Contract Administrator within

three (3) days of receipt by Contractor.

G. Nutrition Awareness Management

The Contractor must provide a comprehensive nutrition awareness program, including relevant, current nutrition

information for the University community. Information shall be made available on the dining services web page as

well as at all dining services locations. Describe the approach that will be utilized to maintain a vibrant, lively, nutrition information program, including program details, seminars, and any other planned activities that will be recommended

for implementation with the University community.

The Contractor must be committed to continuously preparing and providing high-quality, nutritious foods. Foods that

are fried in oil shall be fried in trans-fat-free oil only. This requirement applies to all locations and venues.

H. Sustainable Practices

The Contractor shall present and fully describe an innovative plan for implementation of sustainable business practices,

including but not limited to green purchasing initiatives, recycling of packaging materials such as cardboard, aluminum, glass, plastic, glass, shipping pallets, food waste, etc.

The Contractor shall present an innovative plan for the purchase and use of local and organic products, whenever

possible, if requested by the University.

I. Facilities and Equipment

1) The University agrees to provide and maintain in serviceable condition all of the facilities, space, utilities, HVAC,

and local telephone service that are reasonably required for the fulfillment of this contract. The equipment repairs

and maintenance are the responsibility of the Contractor.

2) The University will inspect and inventory existing equipment to determine its as-is, where-is condition. The Contractor agrees to return to the University all of the facilities and equipment in the condition in which it was

received except for normal wear.

3) The Contractor agrees to conserve utilities and treat all facilities and equipment with prudent care. Facility

Services Department personnel of the University will report noncompliance to the Auxiliary Services Director for appropriate corrective action.

4) The University will promptly make all repairs and replacements to the facilities which are required as a result of

normal wear and tear and not caused by negligence of the Contractor or its employees. Written notice will be

given for damages caused by carelessness or negligence of the Contractor, its employees, or vendors. Such damages shall be repaired or replaced promptly at the Contractor’s expense.

5) Thirty (30) days prior to the termination, an inventory of facilities and equipment will be taken by the Contractor

in the presence of a University representative. At this time, determination shall be made concerning any excessive


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wear or misuse of facilities and equipment on the part of the Contractor, and compensation for excessive wear or

misuse of facilities and equipment shall be paid to the University by the Contractor.

6) Equipment expenditures for mutually agreed upon equipment for use at the University will be the responsibility of the Contractor. Such expenditures will be amortized over a period not to exceed five (5) years on a straight

line basis commencing on the date the asset is placed in service. Upon expiration or termination of contract, the

University shall reimburse the Contractor for the unamortized book value of such equipment.

7) The University shall retain the right to use any or all of the facilities for purposes other than feeding, such as study halls, large testing areas, assemblies, etc. subject to advance notice given to Contractor.

8) Vending rights (beverages and foods) are not a part of this proposal. Purchase of products (food or supplies),

which require equipment for dispensing shall not be purchased for use at the University without prior approval.

9) For any food or beverage items under this contract which must be transported by the Contractor, the Contractor

is responsible for providing a motor vehicle suitable for such purpose, and for providing an adequate and qualified staff to operate the vehicle. The Contractor shall be liable for damages or injuries caused by the negligent

operation of said motor vehicle by the employees or agents of the Contractor. The Contractor shall show proof

of all appropriate insurance. The Contractor must show proof of appropriate automobile insurance to the University prior to operating any motor vehicle on the campus of the University.

J. Glassware, Flatware, Chinaware, Kitchenware and Linens

1) The University will provide an adequate initial supply of glassware, flatware, and chinaware and Contractor shall

maintain the supply of such items delivered as a direct cost of operation. The University will also provide an

adequate initial inventory to Contractor of small equipment (pots, pans, etc.), and Contractor shall maintain the inventory of such items supplied as a direct cost of operation. Contractor and the University shall jointly conduct

an inventory of all supplies and equipment at least annually, at such time(s) as may be mutually agreed, and on termination or expiration of this agreement. Contractor shall replace or pay for all missing items in such annual

inventories, or damaged items at the University’s option, within 45 days of inventory completion.

2) The Contractor agrees to return to the University upon expiration of their contract, all glassware, flatware,

chinaware, serving trays and kitchenware designated in the inventory furnished by the University and the University must note the condition of all the items received, except for normal wear.

3) For this contract, linens include all employee uniforms, coats, caps, kitchen linens, table linens, and towels. The Contractor is responsible for providing and laundering all linens.

4) Ownership of all non-expendable supplies and equipment shall remain with the University. However, the

Contractor agrees to take such measures as may be reasonably required by the University for protection against loss by pilferage or destruction. The Contractor shall have full responsibility for the costs of any damages or loss

to the equipment or premises of the University caused by the negligence of the Contractor or its employees.

5) If the dishwashing facilities should become temporarily inoperative and paper service is required, the Contractor

shall be responsible for maintaining inventories adequate to meet the emergency and shall bear all costs.

K. Personnel

1) The Contractor’s resident food service manager and assistant managers will be selected with the prior approval

of the University. The managers and assistant managers will represent the Contractor at the University only as long as their performance is acceptable to the University. They will not be removed or transferred without a

replacement being identified and on the job at KSU and without the University’s approval.

2) The Contractor’s employment practices shall meet the requirements of the Fair Labor Standards Act and all other

regulations of the U.S. Department of Labor. The Contractor must be an Equal Opportunity/Affirmative Action Employer.


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3) An adequate staff shall be on duty at all times for the efficient, prompt, and clean service of food.

4) The Contractor shall have qualified personnel for each food location to supervise, observe, handle emergencies,

and be available to students and staff of the University.

5) The Contractor shall provide a full-time employee trained in the operation of the dishwasher at all times in the

dish room. At no time shall students be unsupervised nor in charge in the dish room or dishwasher.

6) The Contractor shall have the resources to provide a continuing program of employee training for all levels of employees including management and students.

7) The Contractor shall make a concerted effort to employ students subject to University policies and procedures

governing student employment. The Contractor shall pay no less than minimum wage. The University encourages

the use of students in all aspects of the University. The Contractor will be responsible for any federally required matching requirements of students under the federal work study program.

8) The Contractor will endeavor to employ current staff at competitive wages. The employment shall be granted

with the expectation of satisfactory performance of duties.

9) The Contractor will provide each employee with life insurance, health insurance, and retirement benefits (in

addition to social security) comparable to that provided by the University.

10) All personnel of the Contractor shall be subject to removal for conduct that is considered offensive by the University administration. Subject to removal shall include consideration of any existing or future union contract

that the employee might have with the Contractor.

11) The Contractor shall be responsible for the neat and clean appearance of all full- and part-time employees,

including students on duty. All food service employees shall wear hair restraints, close-toed shoes, and clean uniforms at all times.

12) The Contractor will cause all of its employees assigned to duty as food handlers at Kentucky State University to submit to periodic health examination given at least as frequently and as stringently as required by law and to

submit satisfactory evidence of compliance with all health regulations to Kentucky State University upon request.

13) The Contractor will remit to the Kentucky Revenue Cabinet Kentucky Sales Tax required by law to be collected.

14) The Contractor will abide by all local, state, and federal laws, and all sanitation, safety, and fire codes and

regulations pertaining to its operation.

15) All of the Contractor’s employees furnishing services to Kentucky State University shall be deemed employees solely of the Contractor and shall not be deemed for any purposes whatsoever employees or agents of, acting for

or on behalf of, the University. The Contractor shall perform all services as an independent Contractor and shall

discharge all its liabilities as such. No acts performed or representations, whether oral or written, made by the Contractor with respect to third parties, shall be binding on the University.

L. Sanitation

1) The Contractor shall operate and maintain the service in accordance with all laws, ordinances, regulations and rules of federal, state, and local authorities including the standards of sanitation, safety, and health

established by the University.

Structural, utility and equipment changes necessary to comply with such requirements and standards for

which the University is responsible shall be made by the University at its expense.


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2) The University shall periodically, without advance notification, inspect the food service facilities and equipment with or without a Contractor’s employee. Consultant Inspectors of the Commonwealth and campus personnel

shall have complete cooperation and access to all food service, production, and storage areas on inspections which they may conduct.

A management representative of the Contractor shall conduct equipment and facilities maintenance and sanitation inspections periodically. Contractor representatives, who normally provide checks and reports as

part of their equipment or product service, shall be encouraged to make frequent inspections. A copy of all inspection reports shall be furnished to the University by the Contractor. The Contractor is responsible to

implement corrective operating measures required as a result of these inspections and report to the University corrective action take with a ten-day notification period.

3) In coordination with the Facility Services Department, the Contractor shall operate and use all assigned equipment, facilities, and utilities in accordance with University established preventive maintenance

procedures, schedules, and standards. The Facility Services Department shall inspect to insure Contractor compliance with the provisions of University preventive maintenance programs which are appropriate to

kitchen and dining locations.

4) The Contractor shall leave all areas, under its assigned control, in a clean and ready-for-inspection condition

when kitchen and dining locations are closed in accordance with University schedule.

5) The Contractor, at its expense, will have an independent laboratory check the bacteria count each month of chinaware, glassware, and flatware. A total count exceeding 100 will be considered unsatisfactory. A copy

of this monthly report will be forwarded to the University.

6) The Contractor shall be responsible for and bear the cost of cleaning all areas under its control including

storage, production, serving, and miscellaneous areas such as hallways, loading docks, stairways and/or elevators, lockers and restrooms. This cleaning shall include equipment, floors, carpeting, walls and inside of

windows of the designated areas. The Contractor shall be responsible for cleaning all furniture and equipment

in the dining area except draperies. The University shall be responsible for cleaning draperies, ceilings, and outside of windows.

While high standards of cleanliness apply to all areas, particular attention is to be paid to

maintaining cleanliness in the dining areas of facility. Prior to the opening of each semester and

summer sessions, the floor surfaces of dining areas shall be stripped, waxed, or shampooed as applicable. The cleaning of all floor surfaces shall also occur twice during each semester and

once during the summer with specified dates to be coordinated with the University.

The floor area is to be wet cleaned or vacuumed daily. The floor shall be free from all debris at all times. The dining room and the serving line shall be continually inspected and cleaned during serving hours and

immediately following each meal.

The entire kitchen and preparation area is to be maintained on a continual “inspect and clean” basis during

and including preparation time and food service hours. Particular care is to be taken in the dishroom. Daily cleaning of the dishroom, dishwashing machine, and trayveyor belts is required as well as air drying the

dishwashing machine each night after service. The Contractor shall, at the outset of the contract period,

develop and implement a cleaning schedule for all areas and equipment under its control subject to the approval of the University.

The Contractor is liable for damage to equipment that has not resulted from normal wear and tear. It is the

Contractor’s responsibility to maintain a dining hall operation that does not cause a severe alteration in consumption curves on utilities.

7) Cleaning must be sufficient to provide protective maintenance against unnecessary deterioration and must be sufficient to contribute to a clean and neat appearance. Sanitation must meet the standards of the Kentucky

Department of Environmental Resources, the State Health Department and the University. Contractor will be


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required to maintain health department sanitation of “A” or 92 and above. The State Health Department

inspectors visit frequently and are known to maintain high standards. Failure of the Contractor to meet expectations in this area is reason for termination of the contract.

8) The Contractor shall be responsible for the removal of trash and garbage resulting from food service to the

containers designated by the University for the Contractor’s use. The Contractor shall maintain the cleanliness of

the assigned containers and the surrounding dock area. The University will collect the trash in accordance with prescribed and coordinated schedules.

9) The Contractor is responsible for extermination services monthly or more frequently if required in the areas

occupied by the Contractor. The Contractor will report to the University the frequency of services. The University shall designate, if required in the areas occupied by the Contractor, additional extermination services at no

expense to the University.

10) The Contractor shall have adequate personnel with sufficient training to insure the highest standards of sanitation

and housekeeping. All employees shall be trained and supervised in a “Clean As You Go” policy that will result in a clean and orderly appearance at all times.

11) The University is responsible for the periodic cleaning of hood ducts and related vents and fans. The Contractor shall be responsible for routine cleaning maintenance of hoods and filters.

12) The University shall have the right to inspect all dining locations, kitchens, and auxiliary storage service areas and

the operation thereof by the Contractor with respect to the quality and quantity of food service, the method of service thereof, opening and closing hours and generally with respect to use, safety, sanitation and maintenance

of said premises, all of which shall be maintained at a level satisfactory to the University. The University shall

have the right to make reasonable regulations with regard to all such matters and the Contractor agrees to comply with such regulations. All authorized representatives of the University shall have the full right of access to all

areas of said premises at any and all times.

13) Contractor shall be responsible for all grease removal/recovery and grease trap maintenance.

M. Service

1) The Contractor shall prepare and furnish food for services at such hours and during such periods and in such

manner as the University may from time to time determine in accordance with standards adopted for use at

Kentucky State University. (The current hours of service for the academic year may be found in Attachment B.)

2) The Summer Session hours shall be negotiated between the University and the Contractor with the University having the final approving authority for such schedules. The University may, at its discretion, change the hours

based on student population and special functions, but not without prior consultation with the Contractor.

3) The University shall have the right to designate the groups for whom service is to be provided on and off campus.

The Contractor shall be responsible for delivery to and from the point of use.

4) The Contractor must service all special functions requested by the University administration on any day during the period of the contract. Prior notice is to be given to the Contractor.

5) Boarding students required to be off campus for student teaching, athletic events, or field trips may be provided with box lunches.

6) The Contractor shall service all requested therapeutic diets in dining locations if required by a physician’s treatment

plan. These meals are to be coordinated with the Contractor’s registered dietician.

N. Purchasing

All foods purchased shall be of a quality not less than required by Kentucky State University specifications. All

purchased foods shall be subject to inspection by a duly authorized representative of the University.


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1) Quality Purchasing Standards

The following minimum food specifications are established and shall be maintained:

Beef USDA Prime and Choice (Ground Beef - maximum 20% fat content)

Lamb USDA Prime and Choice Pork USDA #1

Poultry USDA Grade A Seafood Fresh preferred; frozen to be national brand packed under inspection of U.S.

Dept. of Interior Eggs USDA Grade A

Butter USDA Grade A

Milk & Milk Products USDA Grade A Cheese USDA Grade A for all graded Cheese (Natural non-processed, unless processed

product approved for cooking purposes by University) Fresh Fruit USDA Fancy or USDA #1

Fresh Vegetables USDA Fancy or USDA #1

Canned Fruit & Fruit Juices Grade A (Fancy) and Grade B (Choice) for all graded juices (Canned fruit water or light syrup packed)

Canned Vegetables USDA Grade A (Fancy) Frozen Fruits & Vegetables USDA Grade A

All salad dressings, sauces and soups shall be prepared on premises using quality ingredients, or shall be of equal quality in flavor, texture, and ingredients, if purchased. The base for soups and sauces shall provide flavoring

similar to stock bases and have as low sodium content as possible.

Imitation or artificial based food items can be used in addition to, but not as a replacement for, real food products. Such items include, but are not limited to, imitation sour cream, artificial sweetener, non-dairy creamers, toppings,

etc. Preference is for real food products.

Scratch baking is to be used in most cases, with the exception of high quality pre-made or convenience items.

All recipes calling for chocolate shall require real chocolate or chocolate chips rather than imitation products.

Fresh/frozen produce shall be utilized when fruits and vegetables are called for in the baking process.

All processed luncheon meats shall be a high quality meat product, two low fat or lean alternatives should

be available.

All other food products shall be of comparable quality to the above referenced standards. No fillers or soy additives

may be used in any purchased or prepared food products except where specifically stated or approved by

the University.

All food items shall be prepared following standard industry nutritional guidelines.

The University may, at its discretion, request inclusion of certain foods, spices, brands, and/or food supplies in the inventory, recipes, and menus of the Contractor.

The University reserves the right to periodically review invoices to ensure specifications are being met or to request a certificate of Federal inspection and grading at any time.

2) The Contractor shall take under advisement the University’s wishes regarding such items as brand preferences, use of state products, usage of KSU products, use of local vendors and farmer cooperatives, and product boycotts,

where the resulting costs do not significantly jeopardize food quality, charges and commissions of their contract and do not affect Contractor’s national purchasing contracts. The Contractor shall serve soft drink products in

accordance with the University’s contract for soft drink vending.

3) The Contractor shall maintain rigid procurement procedures throughout the entire process of purchasing,


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receiving, storage, and inventory of all foods and direct supplies and will pay for all good and direct supplies

related to food production, service, and management applicable to the contract.

4) The University shall have free access to any and all records of receipt or production sheets, product specifications and quantities of food issued each service unit to determine that the portions specified are complied with.

O. Food Standards

The procurement, storage, handling, preparation, holding, and serving of all food products must be conducted in accordance with all federal, state, and local standards of health and safety.

The general policy for food standards will be to prepare all food on the premises on the day it is served. Food for

cafeteria service will be cooked continuously during the entire serving period.

Dining location tables and chairs shall be kept clean throughout food service period. When dining services are in

effect, customers will return trays or soiled dishes to a collection area. Food waste, napkins, silverware, and dishes will be removed by food service employees or student workers.

I. Menus and Reporting

A. The Contractor shall be prepared to offer a four (4) to six (6) week menu cycle, which the University has approved. Changes to this menu shall be allowed for the following reasons:

1. Emergency changes due to equipment breakdown, delivery, storage, or other

unforeseen conditions.

2. Seasonal availability of food products.

3. Increased item acceptability by students. Student committees working with the University

administration and the Contractor may request that an unpopular item be replaced with an

appropriate substitute.

Any change in menu offering must be approved by the University prior to implementation. The University reserves the right to make changes to the menu with Contractor’s consent.

B. The Contractor’s Food Service Director shall meet regularly with KSU’s Auxiliary Services Director and a committee designated by the University which may consist of students and/or other members of

the University staff to discuss food service including types of food and will cooperate at all times in every attempt to maintain good public relations with the students, faculty, and staff of the University.

A method of receiving daily feedback from students eating in the dining locations must be established by the Contractor.

4.0 OFFEROR’S REPRESENTATIONS

The Offeror by submitting a Response to an RFP, represents and warrants:

1. The RFP Documents have been read and understood and the Proposal is made in accordance therewith. 2. The Proposal submitted is premised upon furnishing the Services required by the RFP documents

without exception.

3. The plans and specifications contained in the RFP Documents have been carefully examined and determined by

the Offeror to be accurate as well as adequate and sufficient from which to submit a response to an RFP and from which to perform the Services.

5.0 PROPOSAL DOCUMENTS

5.1 Availability of Proposal Documents


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A. Offerors may obtain Proposal Documents from the University Purchasing Department or at

http://kysu.edu/administration-governance/finance-business/purchasing.

B. Complete sets of Proposal Documents shall be used in preparing Proposals. The University assumes no

responsibility for misinterpretations resulting from the use of incomplete sets of Proposal Documents.

C. The University in making copies of the RFP Documents available on the above terms does so only for

the purpose of obtaining Proposals on the work or services and does not confer a license or grant for any other use.

5.2 Accuracy of RFP Documents

A. The RFP Documents are complementary and are issued for the convenience of the Offerors. KSU

assumes no responsibility for the correctness of said documents. Each Offeror should review the

documents for errors or inaccuracies that may affect the Scope of Services implied.

B. All Offerors shall, upon examination of RFP Documents promptly notify the University’s Procurement Official of any ambiguity, inconsistency, or error that they may discover upon examination of the

Bidding Documents and/or of the site and local conditions.

5.3 Questions, Interpretations A. Questions will be accepted from prospective Offerors and should be submitted in a timely manner to

the Purchasing Official only. Email submission of questions is preferable, but questions will also be

accepted by mail or facsimile to the Purchasing Official. All questions regarding the meaning or

interpretation of the Proposal Documents shall be directed in writing to the Purchasing Official, Alecia Oldham, no later than 3:00 p.m. Eastern Time on March 10, 2017. Any questions received

after this date and time will be returned unanswered. B. Answers to all substantive questions that have not previously been answered, and are not clearly

specific only to the requestor, will be distributed to all prospective Offerors who are known to have

received a copy of this RFP. C. Any interpretation, correction, or change of the RFP Documents will be made by Addendum, issued by

the Purchasing Official. Interpretations, corrections, or changes of the RFP Documents made in any other manner will not be binding and Offerors shall not rely upon such interpretations,

corrections, and changes.

5.4 Addenda

A. Addenda will be mailed or delivered to all who are known by KSU’s Purchasing Department to have

requested and were furnished RFP Documents.

B. Addenda are always posted on the Purchasing Department’s website at: http://kysu.edu/administration-governance/finance-business/purchasing.

C. Copies of Addenda will be made available for inspection wherever Purchasing Documents are on file for

that purpose.

D. No Addenda of a material nature will be issued later than five (5) working days prior to the date for receipt of Offers, except for postponing the date for receipt of Offers or withdrawing the invitation for Offer or Proposal.

E. Each Offeror shall ascertain, prior to submitting the Offer or Proposal, receipt of all Addenda issued

for the particular RFP. The Offeror shall acknowledge receipt of all Addenda in the Proposal.

F. It shall be the sole responsibility of the Offeror who received the Addendum, to insure that all of the

appropriate Sub-bidders and Sub-contractors are notified in respect to the information contained in

the Addendum.

G. No instructions or changes shall be binding unless documented by a proper and duly

issued Addendum.

H. The University is under no obligation to contact Offerors for clarification but reserves the right

to do so.

6.0 PRE-PROPOSAL CONFERENCE

There will be no pre-proposal conference for this RFP.

http://kysu.edu/administration-governance/finance-business/purchasing

http://kysu.edu/administration-governance/finance-business/purchasing


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7.0 OFFEROR COMMUNICATION

To insure that RFP documentation and subsequent information (modifications, clarifications, addendum, written

questions and answers, etc.) is directed to the appropriate persons within the Offeror’s firm, each Offeror who intends to participate in this RFP is to provide the following information to the Purchasing Official. Prompt,

thorough compliance is in the best interest of the Offeror. Failure to comply may result in incomplete or delayed communication of addenda or other vital information. Contact information is the responsibility of the Offeror.

Without the correct, prompt receipt of information, any missing information shall be the responsibility of

the Offeror.

Name of primary contact Mailing address of primary contact

Telephone number of primary contact

Fax number of primary contact

Email address of primary contact Additional contact persons with same information provided as primary contact

This information shall be transmitted via email or fax to: Alecia Oldham at [email protected] or

(502) 597-6090.

All communication with the University regarding this RFP shall only be directed to the University Purchasing

Official listed above. Please reference RFP-17-02 Dining Services Program in the subject line.

From the issue date of this RFP until a Contractor is selected and selection is announced, Offerors are not allowed to communicate about the subject of the RFP with any University administration, faculty, staff, employees or members of the Board of Regents except: The Purchasing Official representing the University administration or others authorized in writing by the Purchasing Department and University representatives during Offeror

presentations scheduled by the Purchasing Department.

If violation of this provision occurs, the University reserves the right to reject the proposal. 8.0 OFFEROR RESPONSE AND PROPRIETARY INFORMATION

The Request for Proposal specifies the format, required information, and general content of proposals submitted in

response to this RFP. The Purchasing Department will not disclose any portions of the proposals prior to contract award to anyone outside the Purchasing Department, the University’s administrative staff,

representatives of the State or Federal Government, if required, and the members of the committee evaluating the proposals. After a contract is awarded in whole or in part, the University shall have the right to duplicate, use, or

disclose all Proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any submitted proposal shall remain a valid proposal for six (6) months after the proposal due date.

Kentucky State University shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejection of the proposal will not affect this right.

9.0 PROPOSAL PROCEDURES

9.1 Timeliness of Proposals. RFPs shall be delivered prior to the official time and date for receipt of Proposal indicated in the Request for Proposal, or any extension thereof made by Addendum.

9.2 Request for Proposal responses are due March 27, 2017 at 2:00 p.m. Eastern Time. Submit to:

Ms. Alecia Oldham

Kentucky State University

Purchasing Department

Academic Services Building, Room 423

400 East Main Street

Frankfort, Kentucky 40601

mailto:[email protected]


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9.3 Late Proposals. Proposals received after the official closing time and date for receipt of Proposals may be considered for evaluation and award only if: (i) no other Offers were received within the legal advertisement period; and (ii) the re-advertisement time delay would seriously affect the operations of the Owner; and

(iii) in the judgment of the Purchasing Official, the Offer was finalized prior to the official closing time and date for receipt of Offers. The Offeror shall assume full responsibility for timely delivery at the location

designated for receipt of Offers. 9.4 Proposals Not In Writing. Oral, emailed, telephonic, or telegraphic RFPs or changes in RFPs by such

methods are not permitted and will not receive consideration.

9.5 Withdrawal. Proposals may be withdrawn prior to the closing time and date for receipt of Proposal by: (i) a properly identified representative of the Proposer whose name appears on the RFP envelope, or (ii) by written request by an authorized representative of the Proposer, received by the Purchasing Department prior to the RFP closing date and time. Withdrawn Proposals may be resubmitted up to the closing time and date designated for the receipt of RFPs.

9.6 Proposed Deviations from the Request for Proposal. Any proposed deviations from the RFP must be

specifically identified. Such proposed deviations must not be in conflict with the basic nature of this RFP.

Respondents should be aware that significant deviations may result in disqualification.

10.0 CONSIDERATION OF OFFERS

10.1 Proposal Opening. Unless stated otherwise in the Request for Proposal, all properly identified timely RFPs

WILL NOT be opened publicly. 10.2 Request for Proposal responses are due at the appointed time but are not opened and read. They are

first checked for responsiveness.

10.3 Waiver of Irregularities/Rejection of Proposals. The right to cancel the Request for Proposal, to reject any and all Proposals, and to waive technicalities and minor irregularities in Proposals is maintained and preserved in all Request for Proposals issued by KSU when such action is determined to be in the best interest of KSU.

10.4 Grounds for Rejection. Grounds for the rejection of Proposals include, but shall not be limited to:

A. Failure of a Proposal to conform to the essential requirements of the Request for Proposal;

B. Any Proposal that does not conform to the specifications contained or referenced in any Request for Proposal shall be rejected unless the invitation authorized the submission of alternate Proposals and the items/services offered as alternates meet the requirements specified in the RFP;

C. Any Proposal that fails to conform to the delivery or completion schedule established in the Proposal Documents;

D. A Proposal imposing conditions or qualifications which would modify the terms and conditions of the Request for Proposal, or limit the Proposer’s liability to the Owner in a manner inconsistent with the provisions of the Proposal Documents;

E. Any Proposal determined by the Purchasing Department in excess of funds available;

F. Failure to furnish a Proposal security in accordance with the requirements of the Request for Proposal;

G. For other cause as documented by the Purchasing Official pursuant to a written determination

and finding;

H. Proposals received from Proposers determined by the Procurement Official to be non-responsive Proposers;

I. Proposals containing terms and conditions not in conformity with the Statutes of the Commonwealth

of Kentucky.

10.5 Minor Irregularities. Minor irregularities or technicalities in a Proposal may be waived by the Purchasing Official on behalf of the University when all of the following circumstances are present:

A. The Purchasing Official determines that it will be in the University’s best interest to do so; and the technicalities or irregularities are mere matters of form not affecting the material substance

of a Proposal;

B. Represent an immaterial deviation from, or variation in the precise requirements of the Request for Proposal, and have no effect on price, quality, quantity or delivery of supplies or performance of

services being procured; and, the correction or waiver of the technicality or irregularity will not affect the relative standing of, or prejudice, other Offerors. If the University does not waive technical

deficiencies and irregularities, the deficient Proposal shall be rejected.

10.6 Competitive Negotiation. The University reserves the right to exercise the provisions of KRS 45A.085 regarding competitive negotiation when it is considered to be in the best interest of the University. It is


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the intent of the Purchasing Official to award a contract in due course and after a reasonable Offer evaluation period to the Responsive and Responsible Offeror offering the best value to the University, provided the acceptable Proposal sum is within budgeted funds. In the event that all Proposals

submitted result in prices in excess of funds available, KSU may enter into competitive negotiations subject to the guidelines and restrictions of KRS 45A.090.

10.7 Rejection of Alternate Proposals. The University reserves the right to accept or reject any or all alternate Proposals if provided for in the Proposal Documents.

11.0 QUALIFICATION OF OFFEROR

11.1 Inquiries. The Purchasing Official shall have the right to make any inquiry deemed necessary to determine the ability of the Offeror to perform the work in a prompt and efficient manner and in accordance with the RFP Documents. Failure of an Offeror to promptly supply information in connection with the Purchasing Official’s inquiry may be grounds for a determination that Offeror is nonresponsive.

11.2 Rejection. The right is reserved to reject any Proposal where an investigation and evaluation of the

Offeror’s qualifications would give reasonable doubt that the Offeror could perform prompt and efficient completion of the work and services in accordance with the requirements of the RFP Documents.

12.0 AWARD OF CONTRACT

12.1 The issuance of an award of the Contract is contingent upon (i) securing an acceptable Response that is responsive and from a responsible Offeror and is within the amount of budgeted funds and (ii) determining that the award of Contract will be in the best interest of Kentucky State University.

12.2 Unless otherwise provided in the RFP Documents, the resulting Contract will consist of the RFP with any

issued addenda, drawings, specifications, the Offeror’s submitted Proposal, and the Notice of

Award letter.

12.3 The Contract between Kentucky State University and the Contractor will be final and binding when the parties have executed the Agreement between the Owner and Contractor.

13.0 BASIS LEGAL REQUIREMENTS

13.1 Forms Required. An Authentication of RFP, Statement of Non-Collusion and Non-Conflict of Interest documents are bound with and included as part of the Request for Proposal. The Offeror is required to

sign the document and submit it as part of the Proposal. Failure to comply with these requirements shall invalidate the Proposal.

13.2 Foreign Corporations. Foreign Corporations are defined as corporations that are organized under laws

other than the laws of the Commonwealth of Kentucky. Foreign Corporations doing business within the Commonwealth of Kentucky are required to be registered with the Secretary of State, New Capitol

Building, Frankfort, Kentucky, and must be in good standing.

13.3 The Foreign Corporate Offeror, if not registered with the Secretary of State at the time of the Proposal submittal, shall be required to become registered and be declared in good standing prior to the issuance or

receipt of a Contract. However, the Contractor need not be registered as a prerequisite for responding to the RFP.

13.4 Domestic Corporations. Domestic corporations are required to be in good standing with the requirements and provisions of the Office of the Secretary of State.

14.0 TAXES

14.1 Kentucky State University, through the Commonwealth of Kentucky, is entitled to exemption from Federal

Excise Tax. All Offerors shall take this into consideration in their Proposal. 14.2 Liability for Employee-Related Taxes. The Offeror and Subcontractors will be required to accept liability for

payment of all payroll taxes or deductions required by local, state, and federal law, including but not limited

to old age pension, social security, or annuities. Worker’s Compensation Insurance shall be carried to

the full amount as required by Kentucky Statutes. The Offeror shall be in full compliance with KRS Chapters

341 and 342.

15.0 CONTRACTOR PRESENCE ON CAMPUS


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Contractor agrees that all persons working for or on behalf of the Contractor whose duties bring them on campus shall obey the rules and regulations that are established by the University and shall comply with the reasonable directions of the University’s officers. Contractor shall be responsible for the acts of Contractor’s employees and agents while on campus. Accordingly,

Contractor agrees to take all necessary measures to prevent injury and loss to persons or property located on campus. Contractor shall be responsible for all damages to persons or property caused by Contractor or any of

Contractor’s agents or employees. 16.0 INDEPENDENT CONTRACTOR

The Contractor is engaged as an Independent Contractor and shall be responsible for any federal, state, and local taxes and fees applicable to payments hereunder.

17.0 ENTIRE AGREEMENT

The RFP shall be incorporated into any Contract. The Contract, including the RFP and those portions of the

Offeror’s response accepted by the University, shall become the entire agreement between the parties. 18.0 ASSIGNMENT

Neither party to the Contract shall assign the Contract, or any portion thereof without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Owner.

19.0 USE OF NAMES AND LOGOS IN ADVERTISING

Contractor agrees not to make reference to this Contract, use the University’s name in any advertising or promotion, or use any University logos without the express written consent of the University.

20.0 INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Owner and

their agents and employees from and against all claims, damages, losses and expenses, including attorney’s work, provided that any such claim, loss, damage or expense (a) is attributable to bodily injury, sickness, disease or

death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting

there from, and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless

of whether or not is caused in part by a party indemnified hereunder. This basic obligation to indemnify shall not be construed to nullify or reduce other indemnification rights which the Owner would otherwise have.

21.0 LAW, FORM, AND FORUM

Terms and provisions of this contract shall be construed in accordance with the laws of the Commonwealth of

Kentucky. Any legal action entered against the University on the Contract by the Contractor shall be brought in the Franklin County Circuit Court, Commonwealth of Kentucky, and shall be tried by the court sitting without a jury.

All defenses in law or equity, except the defense of government immunity, shall be preserved to the University.

22.0 TERMINATION OF CONTRACT

22.1 The University may terminate the contract upon the occurrence of any one or more of the following events: A. If the Contractor refuses or fails to prosecute the Work (or any separable part) with such diligence as

will insure its completion within the agreed upon time; or if the Contractor fails to complete the Work

within such time;


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B. If the Contractor is adjudged bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or if the Contractor or a third party files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws concerning the Contractor, or if a trustee or

receiver is appointed for the Contractor or for any of the Contractor's property on account of the Contractor's insolvency, and the Contractor or its successor in interest does not provide adequate

assurance of future performance in accordance with the Contract within 10 days of receipt of a

request for assurance from the Owner;

C. If the Contractor repeatedly fails to supply sufficient, qualified staff;

D. If the Contractor repeatedly fails to make prompt payments to Subcontractors; E. If the Contractor disregards laws, ordinances, rules, codes, regulations, orders, or similar

requirements of any public entity having jurisdiction;

F. If the Contractor disregards the authority of the Consultant or the Owner;

G. If the Contractor performs Work or Services which deviates from the Contract Documents, and

neglects or refuses to correct rejected Work or Services; or

H. If the Contractor otherwise violates in any material way any provisions or requirements of the RFP or Contract Documents.

22.2 Once the Owner determines that sufficient cause exists to justify the action, the University may terminate

the Contract without prejudice to any other right or remedy the University may have, after giving the

Contractor and its Surety three days’ notice by issuing a written Declaration of Default. The Owner shall have the sole discretion to permit the Contractor to remedy the cause for the contemplated termination

without waiving the University's right to terminate the contract.

A. In the event the Contract is terminated, the University may contract with another to take over and complete the Work on the Contract. If the unpaid balance of the Contract Price exceeds the direct

and indirect costs and expenses of completing the Work including compensation for additional professional and Consultant services, such excess shall be used to pay the Contractor for the cost of

the Work it performed and a reasonable allowance for overhead and profit. If such costs exceed the unpaid balance, the Contractor or the Contractor's Surety shall pay the difference to the Owner. In

exercising the Owner's right to prosecute the completion of the Work, the Owner shall have the right to

exercise its sole discretion as to the manner, methods, and reasonableness of the costs of completing

the Work and the Owner shall not be required to obtain the lowest figure for Work performed in

completing the Contract. In the event that the Owner takes offers for remedial Work or completion of

the project, the Contractor shall not be eligible for the award of such Contract.

B. The Contractor shall be liable for any damage to the Owner resulting from the termination or the Contractor's refusal or failure to complete the Work, and for all costs necessary for repair and completion

of the project above the amount of the Contract. The Contractor shall be liable for all attorney's fees, costs and expenses incurred by the Owner to enforce the provisions of the Contract.

C. In the event the Contract is terminated under this Section, and it is determined for any reason that

the Contractor was not in default under the provisions of this Section, the termination shall be deemed a Termination for Convenience of the Owner.

22.3 Termination for Convenience. If it is determined to be in the University’s best interest to do so, the Contract may be terminated, upon thirty (30) days’ notice, at the convenience of the University.

22.4 Procedure for Termination. Upon delivery by certified mail to Contractor of a Notice of Termination specifying the nature of the termination, the extent to which performance of Work under the Contract is

terminated, and the date upon which such termination becomes effective, the Contractor shall stop work

under the Contract on the date and to the extent specified in the Notice of Termination, except where Contractor is notified to continue Work until Contractor can be relieved by a successor Contractor.

23.0 FORCE MAJEURE

Neither party will be liable for any delays or failures in performance due to any acts of God, fire, governmental

order or any other circumstances beyond the reasonable control of either party. In the event any such delay continues for a period of thirty (30) days and there is no acceptable plan agreed to by KSU to fully provide the Services described herein to completion, KSU may terminate this Agreement.

24.0 DISPUTES


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Any dispute concerning performance of the contract shall be decided by the University’s Attorney who shall

reduce the decision to writing and serve a copy on the Contractor. The decision of the University’s Attorney shall be final and conclusive unless within 30 days from the date of service the Contractor files with the University’s Attorney

a petition for administrative hearing. The University’s Attorney’s decision in the event of any such petition shall be final subject to the Contractor’s right to administrative review pursuant to Kentucky Statutes. Pending final determination of any dispute hereunder, the Contractor shall proceed diligently with the

performance of the contract and in accordance with the University’s Attorney’s direction. 25.0 CONFLICT OF INTEREST

No official or employee of Kentucky State University and no other public official of the Commonwealth of

Kentucky or the federal government who exercises any functions or responsibilities in the review or approval of the

undertaking or carrying out of the Contract shall, prior to completion of the Contract, voluntarily acquire any personal interest, direct or indirect, in this Contract or proposed Contract.

Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which

would conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of the Contract no person having any such known interests shall be employed.

26.0 SEVERABILITY

If any provision or provisions of the RFP, response to the FRP, any Contract or Personal Services Contract, or similar document executed as a result of this RFP is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision(s) will be automatically reformed and construed so as to be valid, legal, operative

and enforceable to the maximum extent permitted by applicable law while preserving its original intent. The invalidity, illegality, or unenforceability of any part of this RFP, related documents, or Contract will not render invalid the remainder of the Documents. These documents shall be deemed amended to thereof in order to render it valid and enforceable.

27.0 SECTION TITLES IN THE RFP

Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language.

28.0 NO CONTINGENT FEES

No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, except bona fide employees of the Offeror or bona fide established commercial or selling agencies

maintained by the Offeror for the purpose of securing business. For breach or violation of this provision, the

University shall have the right to reject the Proposal, annul the contract without liability, or, at its discretion, deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, or

contingent fee or other benefit.

29.0 EMPLOYMENT PRACTICES

29.1 Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, gender, sexual orientation, age (except for minors), national origin, ethnicity, citizenship status (except as required by law), disability, military service status, marital status, or any other status protected by law, absent a bona fide occupational qualification. Contractor must take affirmative action

to ensure that employees, as well as applicants for employment, are treated without discrimination. Such action shall include, but is not limited to, recruitment, hiring, placement, promotion, transfer, training and apprenticeship, compensation, layoff, termination, and physical facilities. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this clause.


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29.2 Contractor shall comply with the nondiscrimination clause contained in Federal Executive Order 11246, relative to Equal Employment Opportunity for all persons with regard to race, color, religion, sex, national origin, and the implementation of rules and regulations prescribed by the Secretary of Labor and with

Title 41 Code of Federal Regulations, Chapter 60. Contractor shall comply with all related Commonwealth of Kentucky laws and regulations.

29.3 Contractor shall comply with the regulations issued by the Secretary of Labor of the United States in Title

20, Code of Federal Regulations, Part 741, pursuant to the provisions of Executive Order 1178 and the

Federal Rehabilitation Act of 1973.

29.4 Contractor shall comply with the Civil Rights Act of 1964, any amendments thereto, and the rules and regulations there under; Section 504 of Title V of the Vocational Rehabilitation Act of 1973 as amended;

and the Kentucky Civil Rights Act.

29.5 Contractor shall comply with the Americans with Disabilities Act of 1990 as amended.

29.6 Contractor shall comply with any future federal acts, laws, and regulations, and Kentucky state acts, laws, and regulations as they relate to employment programs when such acts, laws, and regulations

become effective. 30.0 PROPOSAL REQUIREMENTS

30.1 Key Event Dates

RFP Issued February 16, 2017

Site Inspection March 2, 2017

Last Date for Written Questions March 10, 2017 RFP Due in Purchasing Department March 27, 2017

Contract Award Date April 1, 2017 Contract Commences July 1, 2017

NOTE: All dates are estimated. Any change in dates will be announced to all parties.

30.2 Site Inspection

Interested parties are required to visit the site and inspect the location where service is to be provided under this

contract and to carefully inspect the facilities and equipment. A tour of the site is scheduled for March 2, 2017 at

10:00 a.m. in the University Club located on the second floor of the Carl M. Hill Student Center to equally acquaint all interested parties with conditions at the site; an open conference will be held to answer any questions relating to the

contract and services to be performed. Visitation teams will be limited to four (4) persons per an Offeror.

30.3 Preparation of Offers

Offeror is expected to follow all specifications, terms, conditions, and instructions in this Request for Proposal.

Proposals should be prepared simply and economically, providing a description of the Offeror’s capabilities to satisfy

the requirements of the solicitation. Emphasis should be on completeness and clarity of content. Each copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should

be bound in the single volume except as otherwise specified.

Any proposal containing terms and conditions not in conformity with the Statutes of the Commonwealth of Kentucky

may be rejected.

NOTE: Kentucky State University, as an agency of the Commonwealth of Kentucky, is prohibited from entering into contracts that require the University to indemnify the other party.

30.4 Proposed Deviations from the Request for Proposal

Any proposed deviations from the RFP must be specifically identified as requested in, Section 5.3 (d), Transmittal Letter. Such proposed deviations must not be in conflict with the basic nature of this RFP. Respondents should be

aware that significant deviations may result in disqualification.


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30.5 Proposal Submission and Deadline

Offeror must provide one (1) original and five (5) copies of each proposal under separate sealed cover, prior to 2:00 P.M. Eastern Time on March 27, 2017 and addressed to:

Mrs. Alecia Oldham Kentucky State University

400 East Main Street Academic Services Building, Room 424

Frankfort, KY 40601

Note: Proposals received after the closing date and time specified in this RFP will not be considered.

Proposals shall be enclosed in sealed envelopes to the above referenced address and must clearly show the closing

time and date specified, the solicitation number, and the name and address of the Offeror on the face of the envelope. Please indicate which envelope contains the original proposal.

NOTE: In accordance with Kentucky Revised Statute 45A.085 and 200 KAR 5, there will be no public opening of proposals. All proposals will be kept confidential until such time that a contract is awarded.

After a contract is awarded, all proposals will become public record, as described herein.

30.6 Restrictions on Communications with University Staff

From the issue date of this RFP until a Contractor is selected and selection is announced, Offerors are not allowed to

communicate about the subject of the RFP with any University administration or faculty, staff, employees or members of the Board of Regents except:

The Purchasing Official representing the University administration or others authorized in writing by the

Purchasing Department.

University representatives during Offeror presentations scheduled by the Purchasing Department.

If violation of this provision occurs, the University reserves the right to reject the proposal.

30.7 Cost of Preparing Proposal

Costs for developing the proposals and any subsequent activities prior to contract award are solely the responsibility

of the Offerors. Kentucky State University will provide no reimbursement for such costs.

All travel, per diem and any associated costs for oral presentation will be borne solely by the Offeror. Refusal to

provide an oral presentation, failure to appear for a scheduled presentation, or inability to agree on a suitable date/time for presentation shall constitute complete grounds for disqualification of Offeror from further consideration

in award of a contract under this RFP.

30.8 Disposition of Proposals

All proposals become the property of Kentucky State University. The successful Proposal will be incorporated by

reference into the resulting contract.

30.9 Proposal Addenda and Rules for Withdrawal

Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by submitting a written request

for its withdrawal to the University Purchasing Department, signed by the Offeror.


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Unless requested by the University, the University will not accept revisions, or alterations to proposals after the

proposal due date.

30.10 Independent Price Determination

A proposal will not be considered for award if the price in the proposal was not arrived at independently without

collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.

The Offeror must include a certified statement in the proposal that the price was arrived at without any conflict of

interest, as described above. Should conflict of interest be detected any time during the contract, the contract shall be null and void and the Contractor shall assume all costs of this project until such time that a new Contractor

is selected.

30.11 Gramm-Leach Bliley Act

Contractor must certify compliance with the Gramm-Leach Bliley Act (GLBA) to safeguard financial information.

Specifically, the successful Offeror must provide:

1) An explicit written acknowledgment that the contract allows the successful Offeror(s) access to

confidential information;

2) A stipulation that the confidential information will be held in strict confidence and accessed only for the explicit business purpose of the contract;

3) A guarantee that it will ensure compliance with the protective conditions outlined in the GLBA;

4) A guarantee that it will protect the confidential information it accesses according to commercially acceptable standards and no less rigorously than it protects its own or any other customers’ confidential information;

5) A provision allowing for the return or destruction of all confidential information received by the Offeror(s) upon completion of the contract;

6) A stipulation allowing the entry of injunctive relief without the University posting bond in order to prevent or

remedy breach of the confidentiality obligations of the contract;

7) A stipulation that any violation of the GLBA's protective conditions amounts to a material breach of contract and

entitles Kentucky State University to immediately terminate the contract without penalty;

8) A provision allowing auditing of the Offeror’s compliance with the contract safeguard requirements; and

9) A provision ensuring that the GLBA’s protective conditions shall survive any termination agreement, cancellation

or expiration of the contract.

31.0 PROPOSAL FORMAT AND CONTENT

31.1 Proposal Information and Criteria

The following list specifies the items to be addressed in your proposal. Please read it carefully and address it completely

and in the order listed to facilitate the University’s review of your proposal.

Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages.

Signed Authentication of Proposal and Statement of Non-Collusion and Non-Conflict of Interest Form

(Page 2) Transmittal Letter


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Executive Summary and Proposal Overview

Offeror Qualifications

Services Defined

References and Past Experience

Financial Proposal

Optional Services

31.2 Signed Authentication of Proposal and Statement of Non-Collusion and Non-Conflict of Interest Form

The Offeror will sign, print or type name, firm, address, telephone number, date, and return page 2 of this RFP. The

signer on page 2 will be required to initial subsequent erasures or other changes. A Proposal signed by an agent must be accompanied by evidence of authority unless such evidence has been previously furnished to the Purchasing

Official. The signatory shall further certify that the Proposal is made without collusion with any other person, persons,

company or parties submitting a Proposal, that it is in all respects fair and in good faith without collusion or fraud, and that the signer is authorized to bind the Offeror.

31.3 Transmittal Letter

The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall include:

1) A statement referencing all addenda to this RFP issued by the University and received by the Offeror. If no

addenda have been received, a statement to that effect should be included.

2) A statement that the Offeror’s proposal shall remain valid for six (6) months after the closing date of the receipt

of the proposals.

3) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for oral presentations.

4) A statement that summarizes any deviations or exceptions to the RFP requirements and includes a detailed justification for the deviation or exception. Significant deviations may result in disqualification of the Offeror.

31.4 Executive Summary and Proposal Overview

The Executive Summary and Proposal Overview shall condense and highlight the contents of the technical proposal

in such a way as to provide the evaluation committee with a broad understanding of the entire Proposal.

31.5 Offeror Qualifications

Offeror Qualifications determine the ability of the Offeror to respond to this RFP. The University is especially interested

in the qualifications and experience of the proposed professional management staff. The Offeror’s experience with similar size public University systems and a demonstrated verifiable record of managing complex campus dining

services programs is of particular importance.

Provide a brief narrative describing the history of the Offeror. Identify the number of employees in the company,

company ownership, whether the company has ever filed for bankruptcy, been in loan default, or if there are any pending liens, claims or lawsuits against the company. (Please describe in detail any bankruptcies, loan defaults,

pending liens, claims or lawsuits.) Include any company name changes or prior business names, if applicable.

Indicate the length of time the Offeror has been in business providing this type of service.

Indicate if Offeror’s company is for sale, or is involved in any transaction to expand or to become acquired by another

business entity. If yes, explain and fully describe the expected impact, both in organizational and strategic terms.


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Provide the résumés and profiles of the proposed on-campus management team, division, and corporate resource

personnel and support services. Please include position descriptions and résumés for each person dedicated to the University dining services program, including those who will be performing significant activities on behalf of the

University.

Provide an organizational chart indicating lines of authority for all personnel who will be involved in performance of a

resulting contract, including relationships of these personnel to other programs or functions of the company. This chart must also show lines of authority to the next senior level of management.

Provide audited and certified financial statements including all footnotes. For a publicly held company, include the

three (3) most recent fiscal years. If three (3) fiscal years of financial statements are not available, provide financial information to the fullest extent possible, including reasons and rationale for lack of financial information. For a

privately held company, if audited and certified financial statements are not prepared, provide a written statement

from the company’s certified public accountant stating the financial condition, debt-to-asset ratio, and other financial information for the past three (3) years, including any pending legal actions.

If the Offeror has experienced any contract termination for any reason in the last five (5) years, describe in detail,

including reason(s), other parties’ name(s), address(es), and full contact information. Include the Offeror’s position

on the termination. The University will evaluate the facts presented and may, at its sole discretion, reject the Proposal on the grounds of past experience. If the Offeror has experienced no contract termination for any reason in the past

five (5) years, so indicate.

31.6 Services Defined

Provide a brief narrative of how Offeror proposes to accomplish services described in this RFP. The Proposal shall, at

a minimum, meet all mandatory services described in Section 3.0.

Provide a comprehensive plan and implementation schedule for the proposed dining services program. This schedule must be all-inclusive, listing specific tasks and milestones required for the successful implementation of the dining

services program.

Please provide examples and exhibits of reports that will be made available to the University.

31.7 References and Past Experience

a) Offeror must supply references to validate past experiences in providing comparable services to similar

universities. An area of interest will be the Offeror’s experience in integrating remote location food service operations into the campus strategic mission. The University will also evaluate the feasibility of the

Offeror’s ability to translate the sales proposal narrative into operational reality.

b) Offeror shall supply names, addresses and telephone numbers of five (5) University references where

similar work has been accomplished and briefly describe the type of service provided. Do not include current Kentucky State University staff as references.

c) Provide a statement that the Offeror has the resources available to assure meeting an aggressive

implementation schedule.

Note: Proposal responses that fail to include the required number of references outlined above will be declared non-

responsive and removed from further consideration. Also, provide a list of all Clients lost for public and/or private institutions of higher education from the period beginning August 1, 2014, through February 1, 2017.

By submitting a Proposal, the Offeror grants permission to the University to contact references.

31.8 Financial Proposal


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Offeror’s plan should demonstrate the ability to strategically develop and build sales and revenue streams. Include

an evaluation of proposed financial planning, reporting, and management systems which will be used for the corporate management of the Contract, as well as systems that will be in place at the University. The University will be sensitive

to the model proposed by the Offeror for managing price, rate, and cost issues, and the ability of the Offeror to bring professional resources to campus that will enhance the overall Kentucky State University campus services and student collegiate experience.

31.9 Optional Services

Fully describe and explain any optional services that Offeror will provide that are not part of the mandatory services.

32.0 EVALUATION CRITERIA PROCESS

The University’s evaluation of each proposal will be based upon the information provided in the proposal, additional

information requested by the University, information obtained from references and independent sources, and formal

presentations, if requested. The University evaluation committee will evaluate proposals in accord with the requirements and criteria set forth in this Solicitation, including any Addenda issued. The University may award the

Contract to the Successful Offeror submitting the Proposal determined to be the most advantageous to the University.

The relative importance of the criteria is defined below:

Offeror Qualifications 20 points

Services Defined 30 points References and Past Experience 15 points

Financial Proposal 25 points Optional Services 10 points

100 points

The University will evaluate proposals as submitted and may not notify Offerors of deficiencies in their responses.

Proposals must contain responses to each of the criteria, listed in in the RFP even if Offeror’s response cannot satisfy those criteria. A proposal may be rejected if it is conditional or incomplete in the judgment of the University.

33.0 SPECIAL CONDITIONS

33.1 Contract Term

The term of the contract resulting from this request for proposal will be for the period of two (2) years, with an option

to renew. Annual renewal will be contingent upon the University’s satisfaction with the services performed and the

overall performance of the Contractor.

The University reserves the right to renegotiate any terms and or conditions as may be necessary to meet requirements for any renewal period. The successful Offeror will be advised of any proposed revisions prior to the

renewal period.

33.2 Competitive Negotiation

It is the intent of the Request for Proposal to enter into competitive negotiation as authorized by KRS 45A.085.

All Offerors, or the Offeror(s) selected to participate in negotiations, may be given an opportunity to submit a Best and Final offer to the Purchasing Department. In such instance, the criteria for selection will remain as that set

out above.

The University will review all proposals properly submitted. However, the University reserves the right to reject all proposals, reject any proposal that does not meet mandatory requirement(s) or cancel this RFP, according to the best

interests of the University.


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33.3 Contract Changes

No modification or change of any provision in the Contract shall be made, unless such modification is mutually agreed to in writing by the Contractor and the duly authorized University Representative and incorporated as a written

amendment to the Contract. Memoranda of understanding and correspondence shall not be interpreted as

amendments to the Contract.

Prices quoted on this contract shall remain firm for two (2) years from commencement of contract. After this time, prices are subject to revision which may be either increases or decreases. Said revision may be requested by either

of the contracting parties and must be requested in writing. The requesting party must furnish documented evidence substantiating the validity of the request. The party to whom the request is presented must notify the requesting

party of its decision within 30 days after receipt of the request or satisfactory supporting documentation, whichever

occurs later.

Selling prices are always subject to revision during the term of the contract. Prices for boarding students are subject to revision only at the beginning of each one year contract period and must be submitted in writing by January 1 of

each year, beginning 2018, for the one year period to begin the following July 1. Revisions may be either increases

or decreases and may be requested by either party. In the event of a price increase requested by the Contractor, the University reserves the right to request documentation of the involved costs of operation.

33.5 Contract Administrator

All notices, requests and other communications that a party to any Contract, personal services contract, or similar

document executed as a result of this RFP is required or elects to deliver shall be in writing and shall be delivered

personally, by facsimile (provided such delivery is confirmed), by email clearly identifying the source of notice, or by recognized overnight courier service to the other party at the address set forth below, or to such other address as

such party may hereafter designate by notice given pursuant to this section.

Upon award of Contract, the sole point of contact for administration of the Contract will be:

Primary Contact Copy to: Brandy White Alecia Oldham

Kentucky State University Kentucky State University 400 East Main Street 400 East Main Street

Frankfort, KY 40601 Frankfort, KY 40601 (502) 597-6147 (502) 597-6434

(502) 597-5896 (fax) (502) 597-6090 (fax)

33.6 Prime Contractor Responsibility

Any Contract resulting from the RFP shall specify that the Contractor is solely responsible for fulfillment of the Contract

with the University.

33.7 Permits, Licenses, Taxes, and Registration

Contractor shall secure all necessary permits, licenses, and registrations and abide by all applicable laws, regulations,

and ordinances of the United States, the Commonwealth of Kentucky, and any political subdivision(s) in which work under this Contract is performed.

The Contractor must furnish certification of authority to conduct business in the Commonwealth of Kentucky as a condition of contract award. Such registration is obtained from the Secretary of State, who will also provide the

certification thereof. However, the Contractor need not be registered as a prerequisite for responding to the RFP.


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Contractor shall pay any sales, use, local, and personal property taxes arising from this Contract. Any taxes on the services delivered pursuant hereto shall be borne by the Contractor.

33.8 Attorneys’ Fees

In the event that either party deems it necessary to take legal action to enforce any provision of a Contract, the University and Contractor agree to pay their own respective expenses of such action, including attorney’s fees and

costs at all stages of litigation as set by the court or hearing officer.

33.9 Patents, Copyrights, and Trademark

The Contractor shall protect the University from any and all damages or liability arising from alleged infringements of

patents, copyrights or trademarks.

33.10 Hold Harmless

Contractor agrees to indemnify, defend, and hold harmless Kentucky State University, its officers, agents, and

employees from any claims for losses for service rendered by Contractor, person, or firm performing or supplying services in connection with performance of the Contract; any claims or losses to any person or firm injured or damaged

by the erroneous or negligent acts of Contractor, its officers or employees in the performance of the Contract, any claims or losses resulting to any person or firm injured or damaged by Contractor, its officers or employees by the

publication, translation, reproduction, delivery, performance, use, or disposition of any data processed under the Contract in a manner not authorized by the Contract, or by federal or Commonwealth of Kentucky regulations, laws,

and statutes, and any failure of Contractor, its officers or employees to observe Commonwealth of Kentucky

regulations, laws, and statutes, including but not limited to labor laws, minimum wage laws, and other applicable regulations, laws, and statutes.

33.11 Insurance

The successful Contractor shall procure and maintain, at its expense, the following minimum insurance coverages

insuring all services, work activities and contractual obligations undertaken in this contract. These insurance policies must be with insurers acceptable to the University.

COVERAGES LIMITS

Workers’ Compensation Statutory Requirements

Commonwealth of Kentucky

Employer’s Liability $500,000/$500,000/$500,000

Commercial General Liability, including

operations/ completed operations, defense costs, products, and contractual

including this contract.

$1,000,000 each occurrence

(BI & PD combined) $2,000,000 general aggregate

Business Automobile Liability, covering owned, leased or non-owned autos.

$1,000,000 each accident (BI & PD combined)

Collection Agents E & O $1,000,000 / $1,000,000

Misc. Professional Liability/Errors & Omissions Liability Insurance

$1,000,000 per wrongful act; $1,000,000 annual aggregate

The successful Contractor agrees to furnish Certificates of Insurance for the above described coverages and limits to the Kentucky State University Purchasing Department. Kentucky State University, its trustees and employees must

be added as Additional Insured on the Commercial General Liability policy with regards to the scope of this RFP/contract. Any deductibles or self-insured retention in the above-described policies must be paid and are the sole

responsibility of the Contractor. Coverage is to be primary and non-contributory with other coverage, if any,


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purchased by the University. All of these required policies must include a Waiver of Subrogation, except Workers’

Compensation, in favor of the University, its trustees and employees.

The Contractor agrees to have its own insurance carrier(s) provide the University with Certificates of Insurance at contract signing. These certificates are to be forwarded to the Purchasing Department at annual renewals. If any

change or cancellation of insurance coverage is effected, the Contractor must give the University at least a 30-day

written notice.

The Contractor, at its own expense, agrees to provide at all times, Public Liability and Property Damage insurance, including Products Liability insurance against any and all claims and losses arising out of the operation of the contract

and the occupancy of the premises. The insurance shall be obtained from a company authorized to do business in the Commonwealth of Kentucky and shall be in the minimum amounts as specified in Section 7.19.

The Contractor agrees to maintain a Fidelity Bond at its own expense on all of its employees in the amount of $100,000 on each individual and $100,000 on each loss; or the Contractor, in lieu of Fidelity Bonds agrees to bear any loss

resulting from dishonest acts on the part of the Contractor or its employees.

It shall be the responsibility of the Contractor to provide any insurance that it deems necessary to protect its property

while on the University premises.

The Contractor shall not do nor permit anything to be done on said premises, nor bring or keep on the premises anything which will in any way increase the fire insurance rate or premium to the University or which will constitute a

nuisance or create a dangerous or hazardous condition.

33.12 Performance Bond

The University will require as security for the faithful performance of all terms and conditions a performance bond in

the amount of $300,000. This bond shall be in force for the period of two (2) years. If the Contract is renewed for additional years, a new performance bond or rider supplementing the original bond will be required for each extended

period. The bond must be furnished immediately before the Contractor’s receipt of Contract or renewal

document. The performance bond shall be the responsibility of the Contractor and failure to submit same may result in cancellation of the Contract. The performance bond must be signed by a surety company authorized to do business

in the Commonwealth of Kentucky.

33.13 Events Beyond Control

Anything herein to the contrary notwithstanding, the University shall not be liable or responsible for any failure to

furnish the services set forth in this RFP and the Contract, occasioned by strike or other work stoppage, federal, state or local government action, breakdown or failure of apparatus, equipment or machinery employed in supplying

services, any temporary stoppage for the repair, improvement, or enlargement thereof, or any act or condition beyond its reasonable control.

33.14 Method of Award

It is the intent of the University to award a Contract to the qualified successful Offeror whose offer, conforming to the conditions and requirements of the RFP, is determined to be the most advantageous to the University, cost and other

factors considered. The method of determining the best offer is detailed in Section 32.0.

Notwithstanding the above, this RFP does not commit the University to contract for any requirements detailed in this

document. The University reserves the right to reject any or all offers and to waive formalities and minor irregularities in the Proposal(s) received.

33.15 Reports

The University reserves the right to request specialized reports from the contractor, on an as-needed basis, regarding various aspects of contract work or services.


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33.16 Audits

The University shall have the right to conduct such audit procedures it deems necessary of the financial records of

the Contractor that relate to the operation of the University’s food services. The Contractor shall make the information and documentation available upon request during normal business hours (8:00 a.m. to 4:30 p.m.; Monday through

Friday) or at such other times as may be mutually agreed upon. Such records and accounts shall be maintained for

five (5) years after the end of the contract year to which they relate. The Contractor will also supply a copy of an annual audit completed by an independent audit firm.

34.0 Statements, Payments, and Invoices

The Contractor shall submit to the University, as promptly after the close of each monthly accounting period as

possible, a profit and loss statement covering the complete food service operation and showing the net results of

services rendered under the contract.

These statements shall be prepared in accordance with generally accepted accounting principles. The statements shall be exclusive of federal and state income taxes but shall include all other expenses as shall be mutually

determinable by the University and the Contractor.

The Contractor shall remit a check to the Auxiliary Services Director representing the University’s commission for the

previous monthly accounting period by the 15th of each month.

The Contractor shall have the option to cater all special functions held at Kentucky State University and authorized by the University. Prices charged shall be based on a specific menu at predetermined prices agreed to by the University

and the Contractor. A surcharge on gross sales of the function shall be negotiated with the Contractor for use of

facility for non-university related organizations.

A. The Contractor shall invoice the University for catering of food service and reference the University purchase order number. All invoices shall be forwarded to the Accounts Payable Department.

B. Under no circumstances shall the Contractor be required to cater special functions if the price charged does not fully cover the cost of the special function.

C. The Contractor may not utilize the University equipment and facilities to cater any off campus, non-University

related event without prior approval from the Auxiliary Services Director.

D. No credit shall be allowed for meals missed on a regular term or summer term basis.

E. The Contractor does agree, however, that it will on a pro-rata basis and on official notice from the University,

make refunds, issue credits, or cancellations of charges for the withdrawal of persons from further participation in the regular term or summer term status.

The University is responsible for prompt notification to the Contractor regarding any withdrawals from the board plan.

36.0. Computerized Service Access

It will be the responsibility of the Contractor to purchase, install, and maintain all required software, hardware, and

systems’ maintenance agreement(s) required to support the services of the Contractor.


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ATTACHMENT A – SALES AND ENROLLMENT DATA

SALES INFORMATION

Sales figures by category are listed below:

Year

Contract Boarder

Catering Sales

Cash Sales

Summer Conference Sales

2015

1,635,473

59,134

32,066

45,000

2016

940,673

33,760

13,645

32,261

ENROLLMENT AND RESIDENT STUDENT INFORMATION

The following information relates to fall semester enrollment and residential student population. The University has

historically experienced a 10% decrease in these populations from fall to spring semester.

Fall Semester

Headcount Total

Students Living in Residence Halls

2015

2050

576

2016

1736

484


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ATTACHMENT B – CURRENT OPERATING HOURS

Location

Monday – Thursday

Friday

Saturday

Sunday

Cafeteria

Breakfast 7:00am - 9:30 am

Continental Breakfast 9:30 am - 10:15 am

Lunch

11:00 am - 2:00 pm

Light Lunch

2:00 pm - 3:45 pm

Dinner 4:30 pm - 7:00 pm

Breakfast 7:00am - 9:30 am

Continental Breakfast 9:30 am - 10:15 am

Lunch

11:00 am - 2:00 pm

Light Lunch

2:00 pm - 3:45 pm


Brunch 10:30 am - 2:00 pm


Brunch 10:30 am - 2:00 pm


Subway

8:00 am – 11:00 pm

8:00 am – 11:00 pm

10:00 am – 8:00 pm

10:00 am – 8:00pm

Thirsty Thorobred

9:00 am – 5:30 pm

9:00 am – 5:30 pm

CLOSED

CLOSED

Thorobred Grill

11:00 am – 11:00 pm

11:00 am – 11:00 pm

CLOSED

3:00 pm – 10:00 pm

University Club

11:00 am – 2:00 pm

11:00 am – 2:00 pm

CLOSED

CLOSED