THE UNIVERSITY OF NORTHERN IOWA

CEDAR FALLS, IA

Request for Proposal #Q9329

Request for Convenience Store Merchandise

Procurement Services University of Northern Iowa

122 Lang Hall Cedar Falls, IA 50614-0003 Email: molly.ungs@uni.edu

TABLE OF CONTENTS

Section I Proposal Instructions and Conditions 2 Section II Terms and Conditions of the Contract 6 Section III Scope of Work 12 Section IV Proposal Content 23 Section V Form Proposal 24 Attachment A Exceptions 26

Please note: an electronic version of this Request for Proposal can be downloaded from:

http://www.uni.edu/obo/purchasing/current-bid-solicitations

RFP #Q9329 Section I

Proposal Instructions and Conditions

1.1 Purpose of RFP The three Regent Universities of the State of Iowa (hereinafter referred to as the Universities/University) desire to obtain proposals from a reputable Company to furnish and deliver convenience store merchandise to the Universities and their affiliates. Awards may be made on behalf of all Universities, a group of Universities, or a single University. 1.2 Description of the Universities The University of Northern Iowa, located in Cedar Falls, Iowa was founded in 1876. Today, the campus covers 940 acres and consists of five colleges: Business Administration; Education; Social and Behavioral Sciences; Humanities Arts and Sciences; and Graduate College. Approximately 12,000 undergraduate and graduate students are currently enrolled.

The State University of Iowa (SUI), in Iowa City, Iowa, was established in 1847 as the State’s first public institution of higher education. The University is internationally known, among other things, for its Writers’ Workshop, and its pioneering outer space research, with University-designed research instruments used in major missions since the 1950’s. The University operates one of the nation’s largest university-owned teaching hospitals; approximately half a million visits are made to the State University of Iowa Hospitals and Clinics every year.

Fall 2016 headcount enrollment at the University is 33,334 students. As of February 2017, the University of Iowa employs 18,104 employees in regular salaried faculty and staff positions.

The University has been accredited by the North Central Association of Colleges and Secondary Schools since the association’s organization in 1913. The University is a member of the Association of American Universities. The University is organized into the following colleges: the College of Liberal Arts and Sciences, the Tippie College of Business, the College of Education, the College of Engineering, the College of Public Health, the Carver College of Medicine, the College of Nursing, the College of Dentistry, the College of Law, and the College of Pharmacy. The Graduate College supervises graduate study offered by the University’s various departments, schools and colleges, and confers master’s degrees and doctorates. 1.3 RFP Contact/Representative: All inquiries or requests for clarification or interpretation or to notify the Universities of errors or omissions relating to this Request must be directed to the DESIGNATED CAMPUS CONTACT: (This is the only person that respondents may speak to until the award of a contract)

Molly Ungs

Purchasing Agent 122 Lang Hall

University of Northern Iowa Cedar Falls, Iowa 50614-0003

Telephone (319)273-6448 molly.ungs@uni.edu

1.4 Proposal Clarification: Any and all questions regarding this Request for Proposal should be submitted via email to molly.ungs@uni.edu by April 13, 2017 at 12:00pm CST. Responses to questions will be made available in the form of an official addendum by April 14, 2017.

1.5 Pre-Bid walk through: Attendance to the Pre-Bid walk through is recommended to ensure

understanding of the scope and services required to submit a Bid. During the walk through, Universities will respond to questions and provide any needed additional information. The Pre-Bid walk through will be held on April 11, 2017 at 10:00am CST at the University of Iowa; April 11 at 2:00pm CST at University of Northern Iowa; and April 12, 2017 at 10:00am CST at Iowa State University. Please RSVP to molly.ungs@uni.edu with the names and email addresses of all participants by April 7, 2017.

1.6 Proposal Submission Proposals submitted must be comprehensive by including all products, services and costs necessary to meet the requirements of this request. Responses are to be submitted in an envelope, box or package labeled ‘RFP Q9329’. Proposals must be received by Procurement Services, 122 Lang Hall, Cedar Falls, Iowa 50614-0003, by 3:00 P.M., CST, on April 19, 2017. Any proposal received after the time specified for the receipt of proposals may not be considered and may be returned unopened to the sender as non-responsive.

One (1) original and one (1) electronic copy of the proposal are to be submitted to Procurement Services in response to this RFP. The original printed version of your offer must be received by and shipped to the above RFP Contact/Representative. 1.7 Supplier Confirmation

Each Company, by submitting a proposal, acknowledges its representatives have: 1.7.1 Read and completely understood the proposal documents contained in this RFP. 1.7.2 Based their proposal upon the requirements described in the proposed Contract Documents. 1.7.3 Caused the proposal to be signed by an authorized representative.

1.8 Receipt and Opening of Proposals

1.8.1 The Universities ‘reserve the right to accept or reject any or all proposals and to waive any irregularities, technicalities, or informalities in proposals if such waiver does not substantially change the offer or provide an unfair competitive advantage to any Company. The Universities’ reserves the right to request additional documents or proposal clarifications after the due date and time for proposal submission.

1.8.2 No proposals submitted by use of oral, telephonic, or facsimile methods, nor any

modifications to previously submitted proposals made by any of these methods, will be considered. If a proposal is sent by mail, Company should make allowance for the time required for such transmission.

1.8.3 Company's legally authorized representative (Officer of Company) shall sign the proposal.

The official name, address, telephone, and fax number and email addresses are to be stated on the proposal form.

1.8.4 No responsibility will be attached to any person for premature opening of a proposal not

Properly identified.

1.8.5 The laws of the State of Iowa require the contents of all proposals be placed in the public domain and be open to inspection by interested parties. Proposals will be available for public viewing after a contract has been finalized with the awarded Company. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld, if clearly identified as such in the proposal unless disclosure is required by a court order. Proposals marked entirely confidential or proprietary may be rejected. Pricing information, management fees, financial arrangements, and other offers cannot be considered proprietary information.

Failure to list all proprietary sections of the submitted proposal in the space provided on the Form of Proposal, shall relieve UNI personnel from any responsibility, should such information be viewed by the public, a competitor, or be in any way released.

1.8.6 All opened proposals become the property of UNI and will not be returned to the Company.

1.8.7 Prior to the date and time designated for receipt of proposals, proposals submitted early may

be withdrawn only by written notice to the RFP representative. Such notice must be received by the representative prior to the designated date and time for receipt of proposals.

1.8.8 No proposal may be modified or withdrawn for a period of ninety calendar days after the

scheduled closing time for receipt of proposals. 1.8.9 All erasures or corrections are to be initialed by the person(s) signing the proposal.

1.8.10 Failure to comply with the requirements of this RFP or evidence of unfair bidding procedures may be cause for rejection of the proposal. Failure to supply information requested may also be cause for rejection of the RFP as being non-responsive. 1.9 Prerogatives of the Universities This solicitation does not commit the Universities to award a contract or to pay any costs incurred in the preparation of a proposal and submission of proposals, costs incurred in making necessary studies for the preparation of proposals, or any travel or personnel expenses associated with trips to the Universities. The Universities reserve the right to accept or reject any or all proposals received; to negotiate with any qualified respondent or respondents; or to cancel, in part or in its entirety, this RFP. 1.10 Short List Suppliers/Negotiations Upon completion of proposal review, evaluation, and scoring, Universities reserves the right to identify a shortlist of suppliers, or those suppliers who have scored the highest during the initial proposal evaluation. This group of Suppliers may be asked to give an onsite presentation to the Universities’ RFP evaluation committee and other University representatives. The Universities reserve the right to conduct negotiations/multiple rounds of negotiations until the Universities reach satisfaction that a competitive and mutually beneficial contract can be awarded to the most responsive Supplier. Negotiations will be structured to safeguard information and ensure that all Suppliers in the competitive range are treated fairly. 1.11 Addenda Any and all interpretations, corrections, revisions, and amendments shall be issued by UNI Procurement Services to all known holders of proposed Contract Documents in the form of written addenda. Except for addenda modifying the proposal due date or canceling the Request for Proposal, such addenda shall be issued so as to be received at least three (3) days prior to the time set for receipt of proposals. All addenda so issued shall become part of the Contract Documents and shall be acknowledged in the Form of Proposal. 1.12 Qualification of Company

1.12.1 The Universities shall make such investigations as deemed necessary to determine the ability of Company to provide the expected services.

1.12.2 The Universities reserve the right to reject any proposal if the evidence submitted by, or

investigation of, such Company fails to satisfy Universities, or that said Company is not properly qualified to carry out the obligations specified herein.

1.12.3 The Universities reserve the right to award based on the proposal(s) determined to be in its

best interest. 1.13 Exceptions to Contract Documents Company shall clearly state in the submitted proposal any exceptions to, or deviations from, the Specifications of Section III, and any exceptions to the provisions, terms, and conditions of this RFP included in Section I and Terms and Conditions of the Contract in Section II. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on Attachment A and

returned with the submitted proposal. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected at the sole discretion of the Universities. 1.14 Preference Laws Universities will give preference to purchasing from Iowa based businesses if the proposals submitted are comparable in pricing and their ability to meet all other criteria is comparable. 1.15 Gratuities The laws of the State of Iowa provide that it is a criminal offense to offer, promise, or give anything of value or benefit to a state employee with the intent to influence that employee’s acts, opinion, judgment or exercise of discretion with respect to that employee’s duties. 1.16 Availability of Contract to Other Entities All other agencies of the State of Iowa, Independent Purchasing Authorities and all political subdivisions of the State of Iowa may make purchases pursuant to the Base Contract and/or Ancillary Contracts. A Buyer may include additional contractual requirements and the Company agrees to be bound by the additional requirements if it accepts the Purchase Instrument. 1.17 Copyrights By submitting a bid proposal, the Company agrees that the Universities may copy the bid proposal for purposes of facilitating the evaluation of the bid proposal or to respond to requests for public records. The Company consents to such copying by submitting a bid proposal and warrants that such copying will not violate the rights of any third party. 1.18 Proposal Evaluation The Universities will select a Company on the basis of proposals received in response to this RFP and any other information the Universities acquire regarding a company’s ability to perform. The Universities will evaluate proposals and may select one or more companies based on responses to this RFP. All proposals submitted in response to this RFP will be reviewed for responsiveness by the purchasing agent prior to referral to the evaluation committee. A committee will then evaluate all responsive proposals in accordance with the criteria described below. The contract will be awarded to the Company whose overall offer is deemed to be the most advantageous to the Universities as determined by the evaluation committee. In preparing responses, offerors should describe in great detail how they propose to meet the scope of work/specifications detailed in this RFP. Significant consideration will be given to fee structure and estimated cost, but price will not be the sole determining factor. The Evaluation Criteria utilized for this Request for Proposal will be based upon, but not limited to, the following criteria which are listed in no particular order:

1.18.1 Price

1.18.2 Availability of Product 1.18.3 Order and Delivery Schedule 1.18.4 Reporting capabilities 1.18.5 Rebates/Allowances 1.18.6 Ability to meet Universities Needs 1.18.7 Sustainability 1.18.8 Company Experience 1.18.9 Bid Response

RFP #Q9329

Section II

Terms and Conditions of the Contract The following terms and conditions will apply to any contractual agreement awarded as a result of this RFP. 2.1 Terms

2.1.1 Universities/University The Universities are the University of Northern Iowa, University of Iowa and Iowa State University. The term means the Universities or the Universities’ authorized representative. The Universities may be referred to as “University” or “Universities”.

2.1.2 Company The Company is the person or organization proposing or offering to contract for goods or services. The term Company means the Company or the Company's authorized representative. The Company may also be referred to as the Supplier.

2.1.3 The Product The Product comprises of the goods and/or services required by the Company to fulfill the needs of this RFP. The Product may also be referred to as the Solution.

2.1.4 The Agreement The Agreement refers to the contractual agreement between Universities and the awarded Company, detailed in the Contract Documents and signed by both parties, and incorporating the RFP and Company’s response by reference. The Agreement may be referred to as “Contract” or “Agreement”.

2.1.5 Contract Documents The Contract Documents shall consist of this RFP (Proposal Instructions and Conditions, Terms and Conditions of the Contract, Scope of Work/Specifications, Proposal Content, Form of Proposal, and all attachments), any subsequent Addenda Issued by UNI, Bidder's response to this RFP, and any contractual agreement that results from this RFP. 2.2 Non-appropriation of Funds Notwithstanding other provisions of any award resulting from this RFP, if funds anticipated for the fulfillment of this agreement are at any time not forthcoming or insufficient, either through the failure of the Iowa Legislature or the federal government to provide funds or the program under which funds were provided is altered, then Universities shall have the right to terminate this agreement without penalty by giving not less than thirty (30) days written notice documenting the lack of funding or program change. 2.3 Immunity from Liability Every person who is a party to this Agreement is hereby notified and agrees that Universities, and its agents, successors, and assigns are immune from liability and suit for or from Company's activities involving third parties and arising from this Agreement. 2.4 Indemnification To the fullest extent permitted by law, Company shall defend, indemnify, and hold harmless Universities, its agents, successors, and assigns, the Board of Regents, State of Iowa, and the State of Iowa from and against all claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance and compliance with the terms and obligations of the Agreement, provided that any such claim, damage, loss, or expense (1) is attributable to bodily

injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of Company, it’s subcontractor, or 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. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person. In any and all claims against Universities, its agents, successors, and assigns, the Board of Regents, State of Iowa, and the State of Iowa by any employee of Company, and subcontractors, anyone directly or Indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any definition or boundary on the amount or type of damages, compensation or benefits payable by or for Company or any subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. 2.5 Code of Fair Practice The Company shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, sexual orientation, age, disability, veteran status, or any other basis where protected by law, except where it relates to a bona fide occupational qualification. In the event of the Company’s noncompliance with this clause or with any related federal or state regulations, this contract may be canceled, terminated or suspended in whole or in part and the Company may be declared ineligible for further contracts with the Board of Regents, State of Iowa. 2.6 Subcontractors Company is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this Agreement must be approved in advance, in writing, and be acceptable to Universities. The Company is responsible for all acts of its subcontractors, as well as, the subcontractors’ performance of delegated duties. Company shall be solely responsible for payment to all subcontractors or secondary suppliers that the Company may engage for the completion of any contractual agreement with Universities. 2.7 Insurance Company shall purchase and maintain, throughout the term of this Agreement, comprehensive general liability insurance, including contractual liability, slip and fall coverage and comprehensive automobile liability insurance to protect Company from all claims for bodily injury, including accidental death, personal injury, and property damage arising from operations under this Agreement, whether such operations be by Company, subcontractor, agent, or by anyone else directly or indirectly employed by Company. In addition, Company shall purchase and maintain errors and omissions insurance to protect Universities from any losses associated with Company’s acts. All statutory insurance requirements, including worker’s compensation, shall be met. All required insurance policies shall be issued by reputable insurance companies duly authorized to engage in the insurance business in the State of Iowa. Limits of such insurance shall be as stated below: Worker’s Compensation - Statutory Comprehensive General Liability - $1,000,000 each occurrence* Commercial Auto Liability - $1,000,000 each occurrence* Errors and Omissions - $1,000,000 each occurrence* *$2 Million aggregate The State of Iowa, the Universities, and the Board of Regents, State of Iowa, shall be named on such policies as additional insureds. Failure to maintain insurance coverage throughout the life of any resulting contract, consistent with the provisions of this Section, shall be considered a breach of contract. As evidence of the above, the Company will submit certificates of insurance on an annual basis. The certificates shall also provide that should the policy be cancelled or materially changed, thirty (30) day

written notice prior to the effective date for the change or cancellation, shall be given directly to Universities. Company agrees to waive all rights of subrogation against Universities, the State of Iowa, the Board of Regents, State of Iowa, the Regent institutions, their employees and agents for any claim filed against Company or other firms associated with the Agreement. 2.8 Amendments to the Agreement When awarded, the Agreement shall not be changed, modified, altered, or amended in any respect without the mutual consent of the parties hereto, which consent shall be evidenced by a written amendment to the Agreement executed by both parties. 2.9 Laws Terms and provisions of this Agreement shall be construed in accordance with the laws of the State of Iowa, and any and all litigation or actions commenced in connection with this Agreement shall be instituted in the appropriate courts in the State of Iowa. 2.10 Assignment The award of this RFP may not be assigned, transferred, sold or subcontracted by Company without the prior written consent of UNI. Should selected Company be purchased (in whole or in part) by another organization or should Company wish to assign, transfer, or subcontract the Agreement to another Company, Universities shall have the right to terminate the Agreement upon written notification, without penalty to Universities. 2.11 Taxes The Universities are exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on Company’s employees’ wages. The Universities are exempt from State and Local Sales and Use Taxes on the services. Tax Exemption Certificates will be furnished upon request. 2.12 Access to Company Records/Audits The Company agrees to keep and provide full access to all records that pertain to Universities throughout the period that the Agreement remains in effect and for a minimum of seven (7) years after the Agreement is terminated, unless required to retain for a longer period by state or federal statute. The Universities reserve the right to audit such records and employ the Auditor of the State of Iowa or any other auditor the Universities deem appropriate to perform an audit of Company records. Should such audit disclose incorrect billings or improprieties, the Universities reserves the right to charge Company for the cost of the audit and pursue appropriate reimbursement. 2.13 Termination

2.13.1 If Company is adjudged bankrupt or makes a general assignment for the benefit of creditors, if a receiver is appointed on account of Company's insolvency, if Company repeatedly refuses or fails to supply enough employees, management staff, or equipment to adequately provide timely delivery or services for Universities, or if Company is otherwise guilty of a substantial violation of the Contract documents, Universities may terminate the Agreement after giving Company a minimum thirty (30) days written notice, without penalty to Universities.

2.13.2 In any case where Company has failed to provide equipment and services or has provided

nonconforming equipment and services, Universities shall provide a Cure Notice. If after notice, Company continues to be in default, Universities may procure services from another source and terminate the Agreement, without penalty to Universities. Company may be required to pay Universities the difference if a higher cost Company is selected.

2.13.3 With the mutual agreement of both parties, the Agreement may be terminated on an agreed

date prior to the end of the contract period without penalty to either party.

2.13.4 The Universities may terminate the Agreement without penalty for any reason by giving a 30 calendar day notice. 2.14 Severability of the Agreement In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, but shall be construed as if such invalid, illegal, or unenforceable provision had never been contained. Further, in the event that any provision shall be held to be unenforceable by virtue of its scope, but may be made enforceable by a limitation thereof, such provision shall be deemed to be amended to the minimum extent necessary to render it enforceable under the laws of the jurisdiction in which enforcement is sought. 2.15 Open Competition

2.15.1 Where, in these contract documents, reference is made to materials, trade names, catalog numbers or articles of certain manufacture, it is done for the purpose of establishing a basis of comparative quality, type or style and not for the purpose of limiting competition. It shall be understood that such method of description is not intended to exclude other items, processes, similar designs, or kinds of materials, but is intended merely as a means of establishing a standard of comparison. Other manufacturing processes may be used, if, in the opinion of Universities, they are acceptable in serviceability, durability, quality, functional capabilities and design.

2.15.2 Universities reserve the right to reject any substitute article or material, and/or the associated bid, which, in Universities’ opinion, does not meet the standard of quality established by such a reference in the contract documents.

2.15.3 Companies offering other than the items specified shall submit, with their bid, catalog cuts, brochures, and detailed specifications covering the items on which they are bidding. Any deviation from the contract documents contained in this bid shall be noted by the company on the Bid Compliance Form. (See Attachment A.)

2.15.4 The company is expected to fully comply with the contract documents in this bid solicitation. In the event the company's materials or equipment do not conform, and those deviations have not been stated on the Bid Compliance Form, the company will be responsible for furnishing materials and equipment, which fully conform at no change in their bid price. 2.16 Guarantee- In filling this order, Company warrants and guarantees to Universities that the articles are in compliance with sections 5 and 12 of the Federal Trade Commission Act; the Fair Packaging and Labeling Act; the Federal Food, Drug and Cosmetic Act; the Consumer Product Safety Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Hazards and Substance Act; the Fair Labor Standards Act; the Wool Products Labeling Act; the Flammable Fabrics Act; the Occupational Safety and Health Act; and the Federal Anti-Kickback Enforcement Act; Debarment and Suspension policies (E.O.s 1249 and 12689); Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); Rights to Inventions Made Under a Contract or Agreement in accordance with 37 CFR part 401;Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended; Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7); Buy American Act, Copeland “Anti-Kickback” Act (18U.S.C. 874 and 40 US.C. 276c); Equal Employment Opportunity; Section 503 of the Rehabilitation Act of 1973, as amended (29U.S.C. 793); Vietnam-era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA), (38 U.S.C. 4212). 2.17 Export Control-

Company acknowledges that a foreign national(s) may use the device/technology/and or data you propose, at the Universities. Company shall comply with all U.S. export controls laws and regulations, including but not limited to the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this Agreement. In the absence of available license exemptions/exceptions, Company shall be responsible for obtaining the appropriate licenses or other authorizations, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. Company shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. Company shall be responsible for obtaining the appropriate licenses or other authorizations, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. Company shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. Prior to disclosing or transferring to Universities any hardware, technical data, software or product utilizing any such data which is subject to export controls under federal law, Company shall notify the Universities in writing of the nature and extent of the export control. The Universities shall have the right to decline any such technical data or product utilizing such data. In the event Company sends any such technical data or product that is subject to export control, without notice of the applicability of such export control, the Universities have the right to immediately terminate the Agreement. 2.18 Energy Star Purchases- Whenever possible, UNI will purchase equipment that is rated energy efficient by this joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy. 2.19 Hazardous Material- All packaging, transportation and handling of hazardous materials shall be in accordance with applicable federal and state regulations including, but not limited to, the Material Safety Data Sheet provision of O.S.H.A. Hazard Communication Standard 29 CFR 1910.1200, and Iowa Administrative Code. 2.20 Clean Air and Water Certification – Company certifies by filling this order that its facility is not on the Environmental Protection Agency (EPA) List of Violating Facilities. Company will immediately notify University Procurement Services of the receipt of any communication indicating that any company’s facilities are under consideration to be listed on the EPA List of Violating Facilities. 2.21 Federal Subcontract – If this agreement constitutes a sub agreement under a prime contract with a federal agency, the terms and conditions of the prime contract shall prevail. 2.22 Conflict of Interest – Should Company be a State of Iowa official, a paid employee of the Universities or any other State of Iowa agency, a member of the General Assembly or a legislative employee, Company will be considered a ‘conflict of interest vendor.’ In addition, should any individual who is a paid employee of the Universities or State of Iowa Agency be a partner in Company’s firm or receive consulting payments, a conflict of interest exists. Whenever Company represents a conflict of interest or whenever there is a disclosure of indication of a conflict of interest, Company must have approval by the Universities prior to bidding on the RFP. 2.23 Code of Conduct – University of Northern Iowa is committed to socially and environmentally responsible purchasing consistent with the values in our strategic plan. The University of Northern Iowa expects high quality in the products, services and business practices of all of its business partners. This commitment enjoys broad support on campus. 2.24 Most Favored Nation –

Company represents that the terms, conditions and prices established under the Contract Documents are equal to or better than those offered to other comparable colleges, universities or public institutions. If during the term of the Contract, Company offers more favorable terms, conditions or prices to another institution, comparable universities, colleges, Company agrees to notify the Universities. The Contract shall be amended to reflect the more favorable terms, conditions or prices. 2.25 Regent Universities Terms and Conditions The Company agrees to comply with the terms and conditions detailed in the document titled ‘Regent Universities Terms and Conditions’ attached to this RFP.

RFP #Q9329 Section III

Scope of Work

Scope of the contract- The contract awarded as a result of this RFP will constitute an agreement whereby the company will provide merchandise for resale for the current Universities convenience stores and any future convenience store(s) opened during the contract period. The company will provide a comprehensive merchandise line that meets the specified and ongoing needs of each University. Included will be a full line of food and supplies including but not limited to the following categories: candy, gum, cookies, crackers and snacks; health and beauty aids; sundries, household products and school supplies; dry, refrigerated and frozen groceries; and beverages. The Universities’ reserve the right to include or exclude in the C-store inventory, products from other specialty vendors including but not limited to suppliers of beverages, chips, bread, milk, pizza and ice cream. Any agreement formed as a request of this RFP will not be an exclusive agreement for providing C-Store goods to the Universities. The Universities may initiate and enter into agreements with other parties providing similar services or they may enter directly into agreement with other parties to obtain any of the items listed in this proposal. 3.1 Current Convenience Store Position 3.1.1 The University of Northern Iowa has the following locations:

23rd Street Market (approx.. 2426 sq ft) Hours of Operation: Monday-Thursday 7:30am – 11:00 pm; Friday 7:30am -10:00pm; Saturday 11:00am -7:00pm; Sunday2:00 pm – 11:00 pm. 23rd Street Market is located in central campus and is located next to one residence hall, Lawther Hall. The customer base of this store includes both students, as well as faculty and staff. 23rd Street Market is on track to do $600,000 in sales for the current school year. This location carries candies, chips, snack foods, ice cream, beverages, personal and school supplies, microwavable entrees, and other miscellaneous grocery items that college students typically purchase. C u r r e n t l y , in addition to these items, there is a full salad bar, Godfather’s pizza station, deli station, and soup area. This facility is open throughout the academic year.

Biscotti’s (approx.. 792 sq ft) Hours of Operation: Monday-Thursday 7:30am – midnight; Friday 7:30am -10:00pm; Saturday 11:00am -10:00pm; Sunday 11:00am – midnight. Hours vary during academic breaks and summer. Biscotti’s is located in the Redeker center, which houses one of the residential dining facilities on campus. It is connected by skywalks to four residence halls: Rider Hall, Hagemann Hall, Noehren Hall, and Shull Hall. The customer base of this store includes primarily students, but campus faculty and staff frequent this location as well. Biscotti’s is on track to do $700,000 in sales for the current school year. This location carries candies, chips, snack foods, ice cream, beverages, personal and school supplies, microwavable entrees, and other miscellaneous grocery items that college students typically buy. In addition to these items, there is a bakery case with fresh baked items from the UNI bakery. For lunch during weekday’s one hot food special is served daily. There is a Starbucks ‘We Proudly Brew’ in this location. Essentials (approx. 2292 sq ft) Hours of Operation: Monday-Thursday 7:30am –11:00pm ; Friday 7:30am -4:30pm; Saturday & Sunday – closed. Hours vary during academic breaks and summer. Essentials is located in the Maucker Union in the central area of campus. This location primarily serves off campus students, faculty, and staff. Essentials is estimated to make $275,000 in sales for the current school year. They focus on snack foods, candies, personal supplies and school supplies. Essentials also sells UNI apparel, gifts, greeting cards, and postage stamps. They offer fax and copy service and are the information desk for visitors to campus for the Maucker Union.

3.1.2 The University of Iowa currently has the following locations. Any additional locations created/added during the duration of the resultant agreement shall be covered by resultant agreement: Clinton St Market (approx. 1500sq ft) Hours of Operation: Mon-Thu 9am- Midnight, Fri 9am-11pm,Sat 11am-11pm, and Sun 11am- Midnight Clinton St. Market is located in Burge residence hall. It is on track to do $1,000,000.00 in sales for the current school year. The product mix consists of healthy food choices, candies, chips, beverages, microwavable entrees, ice cream, personal items, school supplies and other grocery items our students may need. In addition to our extensive list, we serve hot food items such as appetizer items, made to order sandwiches and salads, smoothies, and other items for our students who want to snack after the market places have closed. Being in the main lobby at Burge, near the Market place generates high visibility as well as high traffic. Grand Ave Market (approx. 450 sq ft) Hours of Operation: Mon-Fri 9am-11pm, Sat & Sun 11am-Midnight Grand Ave Market is located in the Hillcrest residence hall. It is on track to do $360,000.00 in sales for the current school year. This location carries a variety of healthy food options, candies, snack foods, ice cream, beverages, personal and school supplies, and microwavable entrees. This location was recently remodeled, increasing its floor space. Mayflower Market (approx. 950 sq ft) Hours of Operation: Mon-Fri 9am-11pm, Sat and Sun 11am-Midnight Mayflower Market is located in the Mayflower residence hall. It is on track to do $300,000.00 in sales this school year. The residents of Mayflower have access to a kitchen area, so the product mix is a bit different. We carry much of the same items as the previous locations, with a little more selection in the grocery area. This location is further from the resident dining halls than most resident halls. Union Market Hours of Operation: Mon-Fri 9am-11pm, Sat 11am-5pm, Sun 11am-11pm Union Market is located on the ground floor of the Iowa Memorial Union. It is on track to do $300,000.00 in sales for current school year. The IMU is a gathering place for students to meet and study. This location carries items similar to Clinton Street Market and Grand Ave Market. Food for Thought Café Hours of Operation: Mon-Thu 7am-11pm, Fri 7am-4pm, Sun 4pm-11pm Food for Thought Café is located in the main library on campus. It is on track to do $775,000.00 in sales for current school year. The location sells a small number of retail items but moves a lot of those products. It has limited merchandising space. EMRB Café Hours of Operation: Mon-Thu 730am-5pm, Fri 7am-3pm EMRB is located in the Eckstein Medical Research Building. It is on track to do $570,000.00 in sales for the current school year. The café has a hot drink area, a hot food area, and a deli area. There is retail merchandising space throughout the café The University of Iowa Hospitals and Clinics has the following location: Compass Express (approx. 1900 sq ft) Hours of Operation: Mon-Fri 6:30am-7pm Compass Express is located within the University of Iowa Hospitals and Clinics. It is on track to do $980,000.00 in sales this fiscal year. Compass is located next to two other cafes on level one in General Hospital but was converted and remodeled to a C-Store concept in October, 2014. This area serves staff, visitors and students. The product mix consists of candies, chips, hot and cold beverages, microwavable items, ice cream novelties, shakes, grocery items like loaves of bread and deli meat. Along with rotating

seasonal items, they also carry food items that highlight local restaurants and stores. Compass also serves a daily hot value item, pizza slices, cookies, soup and a build your own burrito/salad bar. They serve hot pretzels and hot dogs/cheddar dogs along with other grab and go sandwiches, salads and snacks. 3.1.3 Iowa State University has the following locations: East Side Market Hours: Academic Year Sunday: 11AM to 1:00AM, Monday thru Thursday 8:00AM to 1:00AM, Friday: 8:00AM to 10:00PM, Saturday 11:00AM to 10:00PM. Open only in summer for June Orientation and conferences. Annual Sales $1.4million Product Mix: In addition to the traditional c-store offerings this location also serves Godfather’s pizza, packaged salads and sandwiches from our on-campus Commissary Kitchen and made to order deli sandwiches. Hawthorn Market and Café Academic Year Sunday: 11AM to midnight, Monday-Thursday 7AM to midnight, Friday: 7AM-9PM, Saturday: 11AM to 9PM. Summers: Monday-Friday 7AM to 1:30PM Annual Sales: $2.7 million Product Mix: In addition to the traditional c-store offerings this location also has a small restaurant component featuring Starbucks coffee beverages, grilled favorites, Godfather’s pizza, a deli and prepackaged items from our on-campus Commissary Kitchen MU Market & Café Academic Year Sunday: 10AM-8PM, Monday-Thursday 7AM-10PM, Friday: 7AM-8PM, Saturday: 8AM to 5PM. Summers: Monday-Friday 7AM to 5PM, Saturday: 8:30AM-4PM Annual Sales: $775,000 Product Mix: In addition to the traditional c-store offerings this location also serves made to order smoothies, a premium coffee/espresso bar, and packages salads and sandwiches from our on-campus Commissary Kitchen. Southside Market Academic Year Sunday: 11AM-8PM, Monday-Thursday 7:15AM-1:30PM/5PM to midnight, Friday: 7:15AM-1:30PM/5PM to 9PM, Saturday: 11AM to midnight. Summers: Closed in the summer. Annual Sales: $600,000 Product Mix: In addition to the traditional c-store offerings this location also serves packaged salads and sandwiches made in our on-campus Commissary Kitchen along with pizza sold by the slice Westside Market Academic Year Sunday: 11AM-1AM, Monday-Thursday 7:30AM-1:00AM Friday: 7:30AM-10PM, Saturday: 11AM to 10PM. Summers: M-F 7:30AM to 4PM Annual Sales: $1.8 Million Product Mix: In addition to the traditional c-store offerings this location also serves made to order deli sandwiches and hot dogs from our self-branded concepts. Campus Café – 8 locations located throughout campus Academic Year Sunday: hours vary by location between 7:30AM – 11PM Monday-Thursday, 7:30AM to 5PM Fridays, and 10AM – 11PM on weekends. Summers: 3 locations open with hours between 7:30AM-5PM Monday-Friday Annual Sales: $300,000 in c-store products sold at these 8 locations Product Mix: In addition to the traditional c-store offerings this location also serves packaged salads and sandwiches made in our on-campus Commissary Kitchen along with brewed coffee and specialty drinks.

Vending Hours of operation: All hours, all days; Annual sales: $500,000 Product Mix: vended snack products 3.2 Ordering Conditions 3.2.1 Order Procedures- The Universities’ may place their orders in one of the following ways: 3.2.1.1 Orders are placed electronically or by another method using equipment provided by the Company. ISU would need to be online only and vendor must be able to integrate with CBORD. 3.2.1.2 The order may be placed directly either by the University or by the company’s account representative. If by the account representative, the account representative will survey the available inventory and discuss with a designated representative from the convenience store what is needed. When the order is placed, a copy will be left with the University representative. 3.2.1.3 The Universities currently use both on-line and paper order systems. Preference is for online ordering or an interface ordering system with campus computer systems. Company must have capabilities of a handheld portable computer device that can be downloaded for ordering. Company needs to clarify its order options and capabilities in bid. 3.2.2 Ordering Schedule – Orders may be placed up to one day before the delivery day. Orders may be adjusted if the Company is notified by 4:00pm CST the day before delivery. 3.2.3 Substitutions or Shortages – The Company will make no substitutions on an order without the prior approval from the designated representative of the University. Shortages shall be clearly indicated on the invoice. The invoice should indicate how a short item is to be reordered depending on whether it is a manufacturer shortage or a company shortage. 3.2.4 Pack Sizes – All merchandise provided shall be packs and sizes customarily furnished to the trade for retail sale through convenience stores. If needed, Universities may request the company sell some items in single or smaller pack units at no additional charge to the Universities. 3.2.5 Credits/Returns – Within 3 days of receipt of deficient or incorrect merchandise, the Universities will contact the Company’s account representative who will arrange for the pickup and credit of merchandise. 3.2.5.1 The Universities will hold the product at the proper temperature and will make every attempt to promptly return the merchandise in its original packaging. 3.2.5.2 The Universities will dispose of any product that is damaged, that is infested with vermin or because of any other conditions that make storage difficult. Credit will still be issued in the manner described above. 3.2.5.3The Company’s account representative will issue credit/return authorizations for pickups a minimum of once weekly so that incorrect product can be promptly returned. A credit memo shall be completed within 30 days and forwarded to the Universities. All merchandise will be returned at the Company’s expense. 3.2.6 Restocking Charges – There shall be no restocking charge and full credit shall be given for items that are ordered in error, for items that do not sell at a successful rate in the Universities’ market, and outdated product. The Universities will monitor any chronic deterioration of this process and act upon any problems. 3.2.7 Price List/Order Book 3.2.7.1 The price list shall include the item name, company assigned item number, pack size, order unit, suggested retail price, wholesale cost (cost to the Universities) and percent of profit. An electronic version may be acceptable. 3.2.7.2 The company shall provide a new electronic price book on a monthly basis to the Universities. The price book shall indicate in some manner when a wholesale price has changed from the previous week. The suggested retail prices shall be adjusted when a wholesale price changes to keep the pre-determined percent of profit consistent.

3.2.7.3 At the request of the Universities, company shall be able to provide a listing of all items and the corresponding Universal Product Code numbers. 3.2.7.4 The company shall be able to provide a price list and order book listing for only the items that the Universities purchases. 3.3 Delivery Conditions 3.3.1 Delivery Schedule- The company will provide deliveries of merchandise on days and approximate times specified by the Universities. The Universities require a regular delivery schedule. The specific delivery schedule for each University facility will be negotiated prior to the beginning of the contract start date.

3.3.1.1 The University of Northern Iowa will require deliveries for following locations at the following times (two days per week, unless determined by the manager that one delivery a week is sufficient- Monday – Friday w/possible Saturday):

Redeker Center – Biscotti’s Location – 1501 Redeker Drive; Hours of Operation – The operation is normally open at the following times during the academic year: Monday – Friday 8:00am-3:00pm. Service may be needed on a very limited basis on some holidays. No deliveries will be expected for Christmas and Thanksgiving. Deliveries are expected around 8:00am. Commons – 23rd Street Market Location – 1224 2. 23rd St; Hours of Operation – Monday – Friday 8:00am – 12:00pm. Service may be needed on a very limited basis on some holidays. No deliveries expected for Christmas and Thanksgiving. Deliveries are expected at 9:00am. Maucker Union – Essentials Location – 1015 Union Drive; Hours of Operations – Monday – Friday 7:00am – 2:30pm. Service may be needed on a very limited basis on some holidays. No deliveries will be expected for Christmas and Thanksgiving. Deliveries are expected at 9:00am. 3.3.1.2 University of Iowa Delivery Schedule: Clinton Street Market Location: 301 N. Clinton Street, lobby of Burge Hall. 3 deliveries per week, No deliveries expected Thanksgiving and Christmas . Deliveries at 730 am Grand Ave Market Location: 25 Byington Road, Hillcrest residence hall lobby. 3 deliveries per week. No deliveries expected Thanksgiving or Christmas. Deliveries at 9am. Mayflower Market Location: 1110 North Dubuque Street, Mayflower residence hall lobby. 2 deliveries per week. No deliveries Thanksgiving or Christmas. Deliveries at 10am Union Market Location: 125 North Madison Street, ground floor. 2 deliveries per week. No deliveries Thanksgiving and Christmas. Deliveries at 10am Food for Thought Café Location: Main Library, 125 West Washington St. 2 deliveries per week. No deliveries Thanksgiving and Christmas. Deliveries at 9am. EMRB Café Location: Eckstein Medical Research Building, 431 Newton Road. 2 deliveries per week. No deliveries

Thanksgiving and Christmas. Deliveries at 9am The University of Iowa Hospitals and Clinics will require deliveries two days per week, unless determined by the manager that one delivery a week is sufficient (Monday and Thursday at 9:00 a.m.). Location is 200 Hawkins Drive. 3.3.1.3 Iowa State Delivery Schedule: East Side Market Delivery Conditions: Regular delivers occur Monday, Wednesday and Fridays between 7:30AM and 10:00AM Hawthorn Market and Café Delivery Conditions: Regular delivers occur Monday, Wednesday and Fridays between 7:00AM and 10:00AM MU Market & Café Delivery Conditions: Deliveries occur two (2) times per week between 7AM and 3PM on weekdays. Southside Market Delivery Conditions: Deliveries occur Monday, Wednesdays and Fridays between 7AM and 11AM Westside Market Delivery Conditions: Deliveries occur Monday, Tuesday, Wednesday, Thursday and Fridays between 7AM and 1PM Campus Café – 8 locations located throughout campus, Vending, General ISU Dining needs Delivery Conditions: M-F to Friley Foods stores between 6:30-8:30AM. 10 Locations delivered to 1 receiving area. Each with a separate, unique customer number for ease of sorting

3.3.1.4 Delivery times will not deviate from the normal delivery times during breaks or shutdown unless the unit manager has granted prior approval.

3.3.1.5 In the event of any emergency order or additional demands for merchandise, the Universities reserve the right to request additional deliveries on any weekday in addition to the regularly scheduled delivery days. In the event that a scheduled delivery day falls on a University holiday, the company shall make delivery on another day in that week as previously arranged if merchandise is needed. 3.3.1.6 If due to unforeseen circumstances, a scheduled delivery is going to be delivered late, the company shall notify the Universities regarding the expected time of arrival. If due to unforeseen circumstances, there is a delivery failure, the company shall make corrective action by delivering the needed merchandise as soon as possible during the workday, or the following day as arranged. 3.3.2 Delivery Procedure- The company shall deliver orders to the designated receiving locations. The merchandise shall be maintained at their proper temperature throughout their staging, loading, transport and delivery. 3.3.2.1 The company may deliver the merchandise in plastic reusable totes. The totes shall be picked up regularly. There shall be no additional charge to the Universities for this service. 3.3.2.2 All packaging, transportation, and handling of hazardous materials shall be in accordance with applicable federal and state regulations including, but not limited to, the Material Safety Data Sheet provisions of O.S.H.A. Hazard Communication Standard 29 CFR 1910.1200, and the Iowa Administrative Code, Section 530. 3.3.2.3 All company’s facilities and delivery vehicles must conform to local, state and federal rules and regulations regarding sanitation, and are subject to inspections by Universities or other officials at the direction of the Universities.

3.3.2.4 The company’s driver will deliver and off-load all merchandise to an area specified by the Universities to the inside of the building. The company is responsible for all equipment needed to accomplish this. Refrigerated/Frozen items should be placed in appropriate storage areas. 3.3.2.5 At the time of delivery, a designated University employee will sign the invoice. This signature will only indicate that the order has been received and that the number of pieces has been verified, but will not indicate that the invoice has been reconciled to the actual items delivered. This reconciliation will occur that same day and any deviations will be reported to the company’s account representative, within 24 hours, who will then issue credit memos or billings for any incorrect charges, arrange for the return of miss-shipped, miss-ordered or deficient merchandise. 3.3.3 Delivery Amount – There shall be no extra charge to the Universities’ for any delivery made within the regular delivery schedule, nor for any emergency “extra” deliveries outside the regular delivery schedule no matter what the case count or dollar value of the order. The Universities’ will exercise reasonable judgment when placing small orders and will make every attempt to place correct orders each time. 3.3.4 Invoices – 3.3.4.1 An itemized invoice in duplicate will accompany all orders. The invoice will include account name, date and the University PO number. The quantity, item name, UPC or company assigned number, pack size, order unit, wholesale unit cost, University internal fund account number, extension and total charges will be included for each item listed on the invoice. 3.3.4.2 Credit memos and corrections are to be sent in duplicate to the appropriate operations. 3.3.4.3 The company must leave two copies of the delivered invoice with the University at time of delivery. Invoices must be signed by an authorized university representative. Credit memos shall be delivered in person by the appropriate sales representative. 3.3.4.4 It is preferred that company will have an interface with the Mircros system to help the Universities keep a perpetual inventory. It is required that company will have an interface with CBORD/FSS for Iowa State University. 3.3.4.5 At University of Iowa, in addition to leaving invoices at the location and sending credit memos to the locations, invoices and credit memos need to be sent to Accounts Payables for payment. This can be completed either via email at acntpay@uiowa.edu, loading invoices into VendorTrac, or via mail. 3.4 Pricing Information 3.4.1 Cost of Merchandise – The mark-up percentages established with the initial bid may not change during the life of the entire contract, including any extensions made on the original contract, unless agreed upon by both parties. The individual prices listed for each item on the attached market basket shall be based upon prices effective March 31, 2017. The Universities makes the assumption that the cost of a percent mark-up program would be determined as follows:

Inventory cost of merchandise X % markup for that merchandise category = final cost to the Universities

The inventory cost of merchandise is the invoice cost plus freight costs using weighted average, FIFO, or other generally accepted inventory-costing methods stated. Any other formulas for figuring final costs should be clearly explained by the company. 3.4.2 Price Adjustment – The company shall pass on to the Universities all promotional allowances, discounts and manufacturers’ rebates in the form of a price reduction off the invoice after the percent markup has been applied to the invoice cost. The invoice should indicate the dollar value of promotional allowances, discounts and rebates being given. The company shall also help to keep the Universities informed of any rebates that could be redeemed by the Universities and provide tracking information on usage’s so the Universities may take full advantage of all available rebates, free goods offers and promotions. 3.5 Proprietary and Special Order Items

3.5.1 Whenever possible, the Universities will exercise reasonable judgment and attempt to use merchandise already stocked by the company but reserves the right to request the company to stock or special order other items. The Company agrees to do so at the discretion of the Universities. 3.5.2 The Universities define a “proprietary item” as an item the Universities expects the company to purchase and keep in stock so that it may be ordered as needed. The Universities will notify the company thirty days in advance of the need for proprietary items and will estimate the amount needed. There shall be no minimum usage per month in order to stock a proprietary item unless the manufacturer has a minimum delivery amount to the company. The Universities will notify the company whenever a proprietary item is no longer needed. At that time, or in the event that this agreement is cancelled, the Universities agrees to purchase all proprietary and special order items that the company has purchased at that time, as long as the quantity does not exceed one and one-fourth the amount of the initial order. 3.5.3 The Universities define a “special order item” as an item requested for a one time purchase. The company purchases the merchandise and within a short period of time the University will order all of the merchandise reducing the company’s inventory by the full amount ordered. 3.5.4 There shall be no additional charge to the Universities for the buying and storing of proprietary or special order items. The mark-up for any special products will be the same as the agreed upon mark-up for other similar products. 3.5.5 The Universities will attempt to notify the company of special situations that may cause unusual or excessive movement of product. 3.5.6 The Universities reserves the right to order these products from another source or produce them. 3.5.7 The Universities reserve the right to utilize custom/local niche suppliers as needed. 3.6 Services 3.6.1 Reports – The company will provide the following reports printed or in electronic form. Electronic reporting is preferred. 3.6.1.1 Usage figures for each item including the wholesale dollar value and quantity shipped by quarter and year, as well as any other time frames needed by the Universities. 3.6.1.2 Usage figures for a specific brand or manufacturer for a specified time frame which identify rebates submitted by company on behalf of the Universities. 3.6.1.3 Weekly report indicating changes in wholesale or retail prices and packs sizes. 3.6.1.4 Sales analysis by dollar value ranking from high to low the sales of each item by category and total dollars. 3.6.1.5 The company will provide suggested retail pricing at various gross profits either by category or by individual items as specified. Upon request the company shall provide the suggested retail prices rounded to the nearest increment of $.05 or $.09. 3.6.1.6 Iowa State University requires a weekly report stating new items that were ordered by all ISU units, and a weekly report that states any UPC changes that have occurred. 3.6.2 Account Representative – The company will have an account representative assigned to each University account. The account representative will meet with the manager of the Universities stores as arranged. Calls requiring a store visit will be responded to within 24 hours. The following services are required of the account representative: 3.6.2.1 Insure effective and efficient order processing and adequate communication regarding shortages. 3.6.2.2 At the beginning of the contract, conduct weekly meetings, if indicated, with University personnel to discuss areas of concern. Weekly promotions shall be provided as available. As the contract

progresses, the meetings may be reduced to bi-monthly. Meeting times must be set two weeks in advance on a mutually agreed upon time with the University representative. 3.6.2.3 Introduce and provide samples of new merchandise available on the market at no charge to the Universities.

3.6.2.4 Review and distribute updated price lists and order books. 3.6.2.5 Handle Universities’ complaints and inquiries regarding the C-stores. 3.6.2.6 Issue credit memos and arrange for the return of miss-shipped, miss-ordered or deficient

merchandise. 3.6.2.7 Resolve any problems with the delivery or order schedule. 3.6.2.8 Coordinate rebate programs with the Universities’ representative. 3.6.2.9 Research and recommend merchandise changes to better meet the Universities’ needs. 3.6.2.10 Suggest retail pricing at various gross profit percentages. 3.6.2.11 Oversee the entire contract to maintain a smooth and efficient relationship between the

Universities and the company. 3.6.3 Merchandising Assistance 3.6.3.1 The company shall conduct a minimum of two “resets” per year where analysis is made of the sales. The sales areas in the store are rearranged as needed, and items are deleted or added to improve the sales mix. 3.6.3.2 The company shall analyze the square footage devoted to each category of product and develop “Plan-o-Grams” to determine the most popular items that should be sold given the space available. The Plan-O-Grams should then be used to establish a customized order book. 3.6.3.3 The Universities will expect the company to aggressively seek available display racks, point of sale materials and other merchandising tools from various manufacturers and to provide such merchandising aids at no charge to the Universities. 3.6.3.4 The company shall provide shelf stickers with scan codes to the Universities as needed. There will be no charge to the Universities for this service. Iowa State University uses shelf sticker for inventory purposes. 3.6.3.5 The company shall help with a minimum of six promotions throughout the year; providing links for vendor sponsorship and promotional materials. 3.6.4 Market Trends- The Universities expect the company to provide them with market information relating to merchandise condition and quality, pricing trends and new merchandise if appropriate, the company will make recommendations on more appropriate merchandising to use. 3.6.5 Training- A written procedure with the instructions for any electronic equipment provided by the company shall be provided. The company should also arrange for the Universities to have direct access to specialists in areas such as merchandising, layout, marketing, displays, etc. at no charge to the Universities. 3.6.6 Quality Assurance – Copies of the company’s merchandise specifications will be available for review and forwarded to the Universities’ representative when required. 3.6.7 Toll Free Number – The company shall have a toll free telephone number available for the Universities in order to contact the company’s personnel, and also a toll-free number for technology assistance to assist with any problems with their ordering system. 3.7 Equipment Programs- The company should be able to provide a comprehensive equipment program for items such as hot beverage dispensing, nachos and cheese sauce, popcorn, slush or whip beverages, condiment dispensers, hot dog roller grills, pretzel displays, cotton candy, refrigerator shelving, etc. and other equipment as requested by the Universities. With use of such equipment, the Universities agree to purchase the accompanying merchandise from the company. All equipment to be furnished by the company must be either new equipment or equipment refurbished to like new condition. The opinion of retail manager(s)as to the acceptability of the refurbished equipment shall be final and binding upon both parties.

The equipment shall be sanitized and free of vermin infestation before being installed. The Universities will expect the equipment to be priced in a manner customary with the industry where there may be: a monthly rental fee; no charge; no charge with a minimum product usage; or by a pre- determined price for the new product. There will be no markup percent applied to equipment. The Universities will exercise judgment in the request of special equipment and use only in areas where sales will support its use. The company will be expected to evaluate what equipment is needed and to make recommendations as to what equipment could be utilized. 3.7.1 Installation of equipment 3.7.1.1 The Universities desire that once a piece of equipment is requested, it be installed in a timely manner to the satisfaction of the operation manager. The Universities will bring electric lines and water lines, and provide drains where needed to the proposed locations. The Universities will be responsible for the final connection of the equipment. 3.7.1.2 The company shall be responsible for the loss or damage to Universities property that may occur while the company's agent is installing or servicing equipment. All loss or damage to equipment shall be the sole responsibility of the company regardless of how such loss or damage occurred. The Universities shall assume no responsibility for any damage to the equipment owned by the company. 3.7.1.3 The company shall furnish all mechanical service necessary to keep the equipment in a satisfactory working condition at no expense to the Universities. The company shall provide the Universities with weekday repair service within twenty-four (24) hours of request. 3.7.1.4 The company shall conduct equipment inspections periodically and maintain a preventative maintenance program. A copy of inspection reports shall be furnished to the University after each inspection service call. 3.7.1.5 The company shall provide to the Universities necessary instructions, both written and on- site training for the daily operation and sanitation of the equipment. 3.7.1.6 The company shall provide a toll-free telephone number for the University's use in contacting the service agent. 3.8 Term of Agreement- The term of the agreement will be for a period of three years, July 1, 2017 through June 30, 2020. The contract may be extended up to two years on a year by year basis if agreeable to all parties. For each renewal period after the original three year contract, an annual price increase/decrease will be negotiated by Company and Universities. If the Universities and Company are in agreement, the Company will be required to submit a letter to the Universities stating the new pricing agreed upon. The renewal shall be contingent upon performance also.

RFP #Q9329

Section IV Proposal Content 4.1 It is important that responses contain enough information to permit each Universities’ evaluation team to fully understand the Company’s capabilities. Responses to this RFP, at a minimum, must include the following, attach as Supplement 1 and label every bullet point accordingly:

o A complete listing of all inventory items company maintains in stock in company’s warehouse as of March 31, 2017.

o Price list and order book o Sample of customer invoice o An example of how the final cost to the Universities is calculated o A list of promotional allowances, discounts, and manufacturers rebates as of March 31, 2017. o Report sample of usage figures for all items used by the Universities o Report sample of usage figures by specific manufacturers o Report sample of monthly/yearly dollar spent by University o Sample report of the company’s discontinued and new items o Sample report indicating price and pack changes o Sample sales analysis o Samples or pictures of shelf stickers, individual price stickers for health and beauty aids, and Plan-O-Grams o Recent samples of communications on market trends o A list of the type of equipment that can be provided and price o Any additional fees

4.2 Please provide a company summary including the following. Please include as Supplement 2. How long has company been in business? How many customers does the company service? What is the percent of business for each of the following types of customers? Convenience stores __ Gas Stations Snack Bars Grocery Stores University Accounts Public Schools What is the company’s overall average percent fill rate on all orders for the past three – one year periods? What is the company’s average percent fill rate on all orders for the past three – one year periods excluding cigarettes, tobacco, and beverages? 4.3 Company shall provide a list of three references in which similar work is performed as requested in scope of work. Include Company name, contact name, address, telephone number, and email address. Please include as Supplement 3. 4.4 Copy of the company’s sustainability plan. Please include as Supplement 4. 4.5 Company must complete the attached Marketbasket spreadsheet. Please include as Supplement 5.

4.5 Company shall note the percent markup for the following merchandise categories. Submit as Supplement 6.

Candy_______________________________ Mints_____________________________ Gum_________________________________ Nuts___________________________________ Candy Bag/Large Box______________________________ Health and Beauty Care________________________________ Juice Retail_______________________________________ Bag Snacks & Cookies__________________________ Meat Snacks__________________________ Cheese_________________________________ Frozen Meat_____________________________ Produce_________________________ Frozen Cookies/Snacks_____________________________ Ice Cream___________________________ Frozen Sandwiches_______________________ Frozen Food__________________ Frozen Grocery________________________ Meat________________________ Dairy____________________________ Grocery/Food_____________________ Paper_____________________________ Grocery/Non-food______________________________ Novelties____________________ Store Technology_______________________

RFP #Q9329

Section V

Form Of Proposal

5.1 The undersigned Company, in response to Request for Proposal Number Q9329 having examined the Proposal Requirements, this Form of Proposal, and all of the Contract Documents, hereby proposes to provide services in accordance with the proposed Contract Documents. Bidding companies must complete all parts of this section for their bid to be considered.

5.2 Company acknowledges receipt of the following Addenda, which are a part of the Contract Documents: __ __ __ __ 5.3 Proprietary Information Please list all information or sections that you consider proprietary. Note that

pricing and financial arrangements cannot be considered as proprietary information. The sections of this Proposal listed below represent trade secrets or proprietary information.

Section _ Page No. _ Section Page _ No._____ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

5.4 Company understands that University of Northern Iowa reserves the right to reject any and all

proposals, waive irregularities or technicalities in any proposal, and accept any proposal in whole or in part which it deems to be in its best interest.

Yes _____ No ______

5.5 Company has provided all parties involved with a copy of the RFP. Yes _____

No ______

5.6 Company has read, understands, and agrees to all Proposal Instructions and Conditions contained in Section I & II of this RFP. Yes _____

No ______ NOTE: If No, please list exceptions on Attachment A. 5.7 The Universities are interested in doing business with Suppliers electronically. We currently have the

ability to deposit payments for invoices directly into a Supplier’s bank account. Please indicate if you accept electronic payments and what method: _________________________. Please indicate the percentage discount for the Universities for processing your payments electronically _______________________. In the event of bid award, the Universities will not be responsible for payment of any credit card processing fees associated with the payment of invoices via a credit card.

5.8 Company hereby certifies by signing below: that this proposal is genuine and is not made in the interest of

or on behalf of any undisclosed person, company, or corporation; (b) that Company has not directly or

indirectly induced or solicited any other Company to put in a false or sham proposal; (c) that Company has not solicited or induced any person, company, or corporation to refrain from bidding; and (d) that Company has not sought by collusion or kickback to obtain any advantage over any other Company or over Universities.

5.9 The Company has not altered or modified the original content of the Request for Proposal document or any

associated documents, including original drawings or graphics. 5.10 The company is not currently debarred, suspended, or proposed for debarment by any federal or state

entity. The undersigned agrees to notify the University of Northern Iowa of any change in this status, should one occur, until such time as an award has been made under this procurement.

5.11 Company Information

Business Name: __________________________________________ Federal I.D. Number: ______________________________________

Official Address : __________________________________________

____________________________________________ ____________________________________________

Company's State or Foreign Country of Residence ____________________

Company Telephone Number _________________________________

Fax Number _______________________________________________

Company Contact ___________________________________________ Telephone Number for this Contact _____________________________ E-Mail for this Contact _______________________________________ Authorized Signature _______________________________________

Typewritten or Printed Signature ___________________________________ Date _______

ATTACHMENT A EXCEPTIONS/BID COMPLIANCE FORM

#Q9329 NOTE: If you do not comply or partially comply with terms or conditions of this RFP, indicate those sections and the counter term or condition below. Failure to include a term or condition or this form indicates that you are in complete compliance with those terms or conditions as stated in the RFP. Additional copies may be made as necessary.

Comply RFP Item Number Yes /No Comments

______________ ______ ________________________________

______________ ______ ________________________________

______________ ______ ________________________________

______________ ______ ________________________________

______________ ______ ________________________________

______________ ______ ________________________________

______________ ______ ________________________________

______________ ______ ________________________________

Signature: ________________________________

Name: ________________________________

Date: ________________________________