REQUEST FOR PROPOSAL #9-04 July 14, 2003
UNIVERSITY OF MAINE SYSTEM
Administered by:
PURCHASING DEPARTMENT
UNIVERSITY OF MAINE
ORONO, MAINE 04469-5765
The University of Maine System (University) is seeking proposals in order to select a consultant to assess the prospect of outsourcing food services to most or all of our campuses, and if feasible, to assist in developing an RFP and to assist the University in evaluating responses and selecting a contractor.
Scope: The University consists of seven campuses. Currently six of the seven campuses outsource food services at some level. One is self-op. Those campuses that outsource have independent contacts with Aramark, Sodexho and two local vendors. Any food service contracts resulting from this process would begin July 1, 2004. There are collective bargaining agreements in place which govern issues related to employment security and the outsourcing of bargaining unit workers.
In order to be considered for this job, please submit the following information by the date below.
Submit a description of the steps you would take to achieve the described project and a proposed timetable for completing it.
Resumes: Include specific information regarding your expertise in food service contracts for multiple location, higher education operations.
Fees: Include a complete description of your fees including payment terms.
References: Include a list of references with your proposal. These references must be for projects with a similar scope to this one. Include a contact name and phone number.
Attached is a copy of the University’s Professional Services Contract for your review. Do not fill it out at this time; it is only for your information. If you have a contract that you would prefer to use for this project, please include that in your proposal.
Communication with the University: It is the responsibility of the proposer to inquire about any requirement of this RFP that is not understood. Inquiries must be made to: Hal Wells, Purchasing Department, University of Maine, 5765 Service Building, Orono, Maine 04469-5765, (207) 581-2708.
Award: Proposals will be evaluated on many criteria deemed to be in the University's best interests, including, but not limited to fees, experience and references. Presentations may be requested of two or more respondents deemed by the University to be the best suited among those submitting proposals.
The selected consultant shall be precluded from bidding on any future food services contract resulting from this solicitation.
Proposal Submission: A SIGNED original and seven (7) copies of the proposal must be submitted to the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, in a sealed envelope by Tuesday, August 5, 2003, to be date stamped by the Purchasing Department in order to be considered. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Proposals received after the due date will be returned unopened. There will be no public opening of proposals. Vendors are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of proposal. Additional time will not be granted to any one vendor. Additional time may be granted to all vendors when the University determines that circumstances require it. FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows:
Name of Company
Address
Due Date
RFP #
Attachment I
UNIVERSITY OF MAINE SYSTEM
CONTRACT FOR PROFESSIONAL SERVICES
(not for use for architectural or engineering design contracts)
This Contract entered into this _____ day of __________, ______, by and between the University of Maine System, hereinafter referred to as the "University", and _______________ ____________________________________________ , hereinafter referred to as "Contractor".
WHEREAS, the University desires to enter into a contract for professional services, and the Contractor represents itself as competent and qualified to accomplish the specific requirements of this Contract to the satisfaction of the University;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows:
1. Specifications of Work : The Contractor agrees to perform the Specifications of Work as described in Attachment A, hereby incorporated by reference.
2. Term : This Contract shall commence on ______________________ and shall terminate on __________________, unless terminated earlier as provided in this Contract.
3. Payment :
A. The total of all payments made against this contract shall not exceed $ _______. Any expenses not listed here will not be reimbursed.
B. The University shall compensate the Contractor at the rate of $ ______ per _______ (hour, week, semester, entire project.) Payment will be made within 30 days upon submittal and approval of invoices.
C. Reimbursement for travel:
_____ All travel, lodging and meals are part of the compensation described in section A. No additional reimbursement will be made.
OR
_____ Contractor will be reimbursed for pre-approved travel, lodging and meals in an amount not to exceed $ _________. Copies of receipts or itemized bills for expenses must be submitted for reimbursement.
D. Other expenses (postage, printing, phone, etc.) shall not exceed $ _____. Copies of receipts or itemized bills for expenses must be submitted for reimbursement.
4. Termination: This Contract may be terminated by mutual agreement of the parties or by either party upon thirty (30) days prior written notice to the other. If at any time the Contractor fails to comply with the provisions of this Contract, the University shall have the right to terminate this Contract immediately with written notice. Termination does not release the Contractor from its obligations to provide services per the terms of the Contract during the notification period.
5. Obligations Upon Termination: Any materials produced in performance of this agreement are the property of the University and shall be turned over to the University upon request The University shall pay the Contractor for all services performed to the effective date of termination subject to offset of sums owed by the Contractor to the University.
6. Conflict of Interest: No officer or employee of the University shall participate in any decision relating to this contract which affects his or her personal interest in any entity in which he or she directly or indirectly has interest. No employee of the University shall have any interest, direct or indirect, in this contract or proceeds thereof.
7. Modification: This Contract may be modified or amended only in a writing signed by both parties.
8. Assignment: This Contract, or any part thereof, may not be assigned, transferred or subcontracted by the Contractor without the prior written consent of the University.
9. Applicable Law: This Contract shall be governed and interpreted according to the laws of the State of Maine.
10. Administration: _________________________________shall be the University's authorized representative in all matters pertaining to the administration of the terms and conditions of this Contract and to whom all notices must be sent.
11. Non‑Discrimination: Contractor shall not discriminate and shall comply with applicable laws and University policies prohibiting discrimination on the basis of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veteran status.
12. Indemnification: The Contractor shall comply with all applicable federal, state and local laws, rules, regulations, ordinances and orders relating to the services provided under this Contract. Contractor shall indemnify, defend and hold the University, its Trustees, officers, employees, and agents, harmless from and against any and all loss, liability, claims, damages, actions, lawsuits, judgments and costs, including reasonable attorney's fees, that the University may become liable to pay or defend arising from or attributable to any acts or omissions of the Contractor, its agents, employees or subcontractors, in performing its obligations under this Contract, including, without limitation, for violation of proprietary rights, copyrights, or rights of privacy, arising out of a publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under the Contract or based on any libelous or other unlawful matter contained in such data.
13. Contract Validity: In the event one or more clauses of this Contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Contract.
14. Independent Contractor: Contractor is an independent contractor of the University, not a partner, agent or joint venturer of the University and neither Party shall hold itself out contrary to these terms by advertising or otherwise, nor shall either party be bound by any representation, act or omission whatsoever of the other. Contractor, its employees and subcontractors if any, is/are independent contractors for whom no Federal or State Income Tax will be deducted by the University, and for whom no retirement benefits, social security benefits, group health or life insurance, vacation and sick leave, Worker's Compensation and similar benefits available to University's employees will accrue. The parties further understand that annual information returns as required by the Internal Revenue Code and Maine Income Tax Law will be filed by the University with copies sent to Contractor. Contractor will be responsible for compliance with all applicable laws, rules and regulations involving but not limited to, employment, labor, Workers Compensation, hours of work, working conditions, payment of wages, and payment of taxes, such as unemployment, social security and other payroll taxes, including other applicable contributions from such persons when required by law.
15. Intellectual Property: Any information and/or materials, finished or unfinished, produced in performance of this Contract, and all of the rights pertaining thereto, are the property of the University and shall be turned over to the University upon request.
16. Entire Contract: This Contract sets forth the entire agreement between the parties on the subject matter hereof and replaces and supersedes all prior agreements on the subject, whether oral or written, express or implied.
17. Licensing: Contractor shall secure in its name and at its expense all federal, state, and local licenses and permits required for operation under this Contract. Contractor shall provide proof of such licensure or permit to the University prior to commencing work under this Contract.
18. Record Keeping, Audit and Inspection of Records: The Contractor shall maintain books, records and other compilations of data pertaining to the requirements of the Contract to the extent and in such detail as shall properly substantiate claims for payment under the Contract. All such records shall be kept for a period of seven years or for such longer period as specified herein. All retention periods start on the first day after the final payment of the Contract. If any litigation, claim, negotiation, audit or other action involving the records is commenced prior to the expiration of the applicable retention period, all records shall be retained until completion of the action and resolution of all issues resulting therefrom, or until the end of the applicable retention period, whichever is later. The University, the grantor agency (if any), or any of their authorized representatives shall have the right at reasonable times and upon reasonable notice, to examine and copy the books, records and other compilations of data of the Contractor pertaining to this Contract. Such access shall include on-site audits.
19. Publicity, Publication, Reproduction and use of Contract’s Products or Materials: Unless otherwise provided by law or the University, title and possession of all data, reports, programs, software, equipment, furnishings and any other documentation or product paid for with University funds shall vest with the University. The Contractor shall at all times obtain the prior written approval of the University before it, any of its officers, agents, employees or subcontractors, either during or after termination of the Contract, makes any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium of communication. If the Contractor or any of its subcontractors publishes a work dealing with any aspect of performance under the Contract, or of the results and accomplishments attained in such performance, the University shall have a royalty free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the publication.
20. Confidentiality: The contractor shall comply with all laws and regulations relating to confidentiality and privacy including but not limited to any rules or regulations of the University.
21. Force Majeure: Neither party shall be liable to the other or be deemed to be in breach of this Contract for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include, but are not limited to, acts of God or of a public enemy, fires, flood, epidemics, strikes, embargoes or unusually severe weather. Dates or time of performance shall be extended to the extent of delays excused by this section provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay.
22. Notices: Unless otherwise specified in an attachment hereto, any notice hereunder shall be in writing and addressed to the persons and addresses below.
23. Insurance Requirements: Attachment B, hereby incorporated by reference.
24. Special Terms and Conditions: Attachment C, hereby incorporated by reference.
25. Signatures:
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FOR THE UNIVERSITY OF MAINE SYSTEM:
BY: (signature)
Name: (print or type)
Title:
Address:
Telephone:
Fax:
Date: |
FOR THE CONTRACTOR:
LEGAL NAME:
BY: (signature)
Name: (print or type)
Title:
Address:
Telephone:
Fax:
Date:
Tax ID #:
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Note to individuals: This document constitutes a substitute W-9 form. Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the IRS that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding.
Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.
Signature _____________________________________ Date _______________________________