PART 1 – INTRODUCTION
1.1Invitation to Proponents
This Request for Proposals (“RFP”) is an invitation by University of Ottawa (the “University”) to prospective proponents to submit proposals for the provision of Vending machines services for both cold beverages and snacks, as further described in Part 2 – The Deliverables (the “Deliverables”).
Founded in 1848, the University of Ottawa (the “University”) is located in the heart of the nation’s capital, with a population of over 48,000 students, teaching and support staff. It is the largest bilingual (English-French) university in the world, and has the largest law school in the country. It was also ranked among Canada’s top 10 research universities.
For information related to the University of Ottawa, please visit the University’s website http://www.uottawa.ca/en
As a service to students, staff, faculty and members of the public, vending machines are an established part of the University food service environment. The current inventory of vending machines provides merchandise such as snack foods of various descriptions and a variety of beverages to approximately 43,000 students (full time equivalent), 12,000 University staff members (full time equivalent), and members of the public who visit the campus.
1.2 Type of Contract for Deliverables
The selected proponent will be requested to enter into negotiations for an agreement with the University for the provision of the Deliverables in the form attached as Appendix A to the RFP. It is the University’s intention to enter into the Form of Agreement based on that attached as Appendix A to the RFP with only one (1) legal entity. The term of the agreement is to be for a period of four (4) years with an option in favour of the University to extend the agreement on the same terms and conditions for two additional terms of three (3) years each. It is anticipated that the agreement will be executed around May 2019, with a starting date of June 1st, 2019.
1.3 No Guarantee of Volume of Work or Exclusivity of Contract
The University makes no guarantee of the value or volume of work to be assigned to the successful proponent. The Agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables. The University may contract with others for the same or similar Deliverables to those described in the RFP or may obtain the same or similar Deliverables internally.
1.4 Trade Agreement
Proponents should note that procurements falling subject to the Canadian Free Trade Agreement (CFTA) and the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), but that the rights and obligations of the parties shall be governed by the specific terms of each particular tender call. For further reference, please see the following websites:
CFTA: https://www.cfta-alec.ca/
CETA: http://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/ceta-aecg/index.aspx?lang=eng
1.5 Accessibility for Ontarians with Disabilities Act
The University is committed to maintaining the dignity and independence of all members of its employees, its students and all members of the University community. The University is committed to complying with the objectives of the accessibility legislation and in doing so, seeks to ensure that persons living with a disability enjoy free and unhindered access to the University’s programs, goods, services, facilities, residences, communications, events and employment opportunities. See https://www.uottawa.ca/respect/en/understanding-the-law. This commitment involves anyone acting on behalf of the University to meet the University of Ottawa’s obligations under the accessibility legislation. The policy applies to all sectors of the University, including administration, services, teaching and research, and establishes specific standards on customer service, information and communications, employment, procurement as well as built environment.
1.6 Environmental Sustainability
As an academic and research leader in areas that contribute to environmental sustainability, the University recognizes the importance of reducing the size of the University’s ecological footprint and is committed to integrating environmentally responsible practices into our teaching, research, administration and operation.
All suppliers of the University are encouraged to provide their products/services in an environmentally responsible manner designed to (a) make efficient use of natural resources; (b) minimize waste; (c) minimize toxicity; (d) use renewable or recycled materials; (e) contain reusable parts or reusability; and/or (f) protect indoor and outdoor air quality.
In keeping with the University’s effort to reduce ecological footprints, University of Ottawa uses the Merx portal for accepting proposals digitally. For instructions on submitting proposals, please refer to the Submission of Proposals section in the RFP. For information on Merx, please refer to https://www.merx.com/ .
1.7 Cooperative purchasing groups
The University is a member of the Ontario University Procurement Management Association (OUPMA) a cooperative purchasing group. If at any time during the course of this contract other members become interested in participating in this contract (under same terms and conditions), that member may join the contract upon the mutual agreement of the member and the successful Respondent.
[End of Part 1]
PART 2 – THE DELIVERABLES
2.1 Description of Deliverables
2.1.1 This Request for Proposals (“RFP’’) is an invitation to prospective Proponents to submit Proposals for Full Vending Machine Services for Cold Beverage Vending Machines and Snack Vending Machines, in accordance with this RFP. As the University intends to continue to offer choice and a variety of cold beverages and products to its clientele, the University does not have any exclusive rights agreement for cold beverages nor for snacks on its campuses. The University will not consider offers with exclusivity rights.
The selection of the preferred proponent will be made in accordance with the evaluation process defined in this document.
2.1.2 Proponents are requested to submit a marketing strategy and suggestions (form V).
2.1.3 The University is not bound to accept the proponent who offers the highest percentage of commission on gross sales, the highest guaranteed minimum revenue and the highest entry fee. The University reserves the right to negotiate with any company, if it is in the University's best interest.
2.1.4 The University requires the following information on all items sold:
a. Retail price of the items sold;
b. Capacity, size (package cans, bottles, ml, litre) and weight, e.g. 170
c. Variety of items sold
2.1.5 For the purpose of completing their proposal, proponents are invited to inspect the University's present vending machines' locations and the campus in general to determine the best areas where the machines should be installed. The total proposal plan should reflect an overall service for the community.
2.1.6 A copy of this plan should be included as an appendix. The proponent should offer, as a minimum, all the items, equipment and machines described in Form I. The proponents will find in Appendix F – Form I a listing of equipment currently at the University. Proponents may request a site visit by contacting Carole Dessureault, Senior Procurement Officer, at email address: carole.dessureault@uottawa.ca or by phone at (613) 562-5800 ext. 6559. The University reserves the right to accept, refuse or modify the said plan.
2.1.7 The successful proponent must be able to provide no more than a year old vending machines, but new machines will be preferred. The establishment of new machines will be part of the proponent's evaluation.
2.1.8 The agreement of the successful proponent is conditional upon the successful proponent warranting that all vending devices to be provided or installed hereunder shall comply with all existing laws applicable to such devices, including any approval required from any governmental or other regulatory agency or body, and shall not contravene any provision of the Criminal Code of Canada. In the event that any of the vending machines provided or installed hereunder shall be the subject of seizure due to a contravention of the provisions of any law, statute, order or regulation, whether federal, provincial or municipal, or that any proceeding resulting from such a contravention, whether before a court of law or otherwise, is instituted and to which the University is made a party, the successful proponent shall then fully reimburse and indemnify the University for any damages, fine, penalty or forfeiture resulting there from, including all legal fees incurred thereby on a solicitor-client basis.
2.1.9 No subcontracting is permitted by the Proponent.
2.1.10 The Proponent agrees not to enter into exclusive sponsorship, advertising or supply agreements without the written consent of the University.
The Proponent shall have to establish working relations and cooperate with other contractors or workers hired by the University. Conflicts arising between separate companies will be managed by the University. The University’s decision will be final.
2.1.11 In accordance with established general conditions, the University may reserve the right to reopen the agreement with the proponent at any time and undertake negotiations in the event it wishes to add another public or Para public institution.
GENERAL STATEMENT OF WORK:
2.2 PRODUCTS
This tender is for the University of Ottawa’s requirement for vending machines for cold beverages and snacks and shall not include amusement devices. Included are currency exchange machines. The successful proponent must propose a variety of selection (brands) of cold beverages and snacks for the initial period of four (4) years, beginning in June 2019.
The University of Ottawa is Canada’s 7th Fair Trade certified campus. As part of its offering, the successful proponent will carry at a minimum, at least one (1) Fair Trade Certified product per machine, as part of its snack/food vending machine offering at all times.
2.3 OPERATING PREMISES
Service must be available 24 hours a day, 7 days a week. It is understood that the University expects maintenance and repair activities to be available and active during normal working hours, that is, from Monday to Friday, from 8:00 A.M. to 5:00 P.M. between September and June and 8:00 A.M. to 4:00 P.M. from June to September.
All vending machines must be identified with the University of Ottawa – Food Services stickers, which are provided by the university. The Company shall provide a refund policy in cases of loss of money and identify the best way to reimburse clients.
USE OF THE PREMISES
2.4 SOLE PURPOSE
The Company shall use the premises offered by the University for the sole purpose of operating vending machines.
2.5 SIGNAGE
The Company shall not post any materials on University premises’ walls without the University's written approval and shall adhere to current policies relating to posting of menus at the various points of sale. The Company must have the University's approval for any form of publicity. The Company must not alter or modify the University's premises without prior written authorization from the University. Signage costs and signage identifying locations is at the Company's expense. It is permitted to have posting and signage on the Company’s machines themselves. All signs are to be bilingual, in respect of the “Regulation on bilingualism at University of Ottawa, administration and Governance, procedure and related documents, pursuant to clause ( c ) of section 4 of the An Act respecting Université d’Ottawa, 1974”. The guide of “English and French language style guide: setup writing rules to setup standardization at University of Ottawa” will be provided by Food Services.
2.6 ALTERATION
Any modification or alteration will be at the Company's expense, to the University's benefit, and will remain the University’s property at the end of the contract.
2.7 POINTS OF SALE MODIFICATIONS
The University reserves the right to increase and/or to decrease, and/or to change, at any time, and at its sole discretion, the location of points of sale on campus grounds. Any addition must be subjected to the terms and conditions of the present contract.
The University will inform the Company of its decisions with a 30-day written notice.
In the case of "force majeure" or for a reason judged valuable, the University may decide, at its sole discretion, to temporarily close certain points of sale. However, should such closing interfere with the Company's annual sales, so that the contractual annual royalties value calculated from the annual total sales percentage becomes inferior to the annual minimum guaranteed royalties, and provided that this situation is a direct and justified consequence of the University's decision to temporarily close certain points of sale, the Company reserves the right to request that the University reviews and negotiates the annual guaranteed royalties consequently, and in relation to the affected year.
The University shall inform the Company of its decision to close points of sale with a 30-day written notice, with reasons for its decision.
2.8 USE OF THE UNIVERSITY OF OTTAWA’S NAME
Under no circumstances will it be permitted for the Company to associate a product or a service provided at the University for publicity, promotion or demonstration purposes for the benefit of the Company, without beforehand having obtained a written authorization from the University. Also, it is strictly forbidden for the Company to use the University's name with regards to contractual agreements, negotiations, and transactions with the Company’s suppliers. Furthermore, the Company must not present itself as an agent nor representative of the University.
2.9 SECURITY OF THE PREMISES
The University reserves the right to perform any type of work to ensure the security of the premises.
At all times, the Company shall be responsible for the security of vending machines. Costs related to adequate equipment security, as an alarm system, surveillance system and/or any other system, will be the Company's sole responsibility.
The Company shall be responsible of securing and/or firmly bracing all its machines to the walls or to the floors in order to prevent the machines from being rocked or tipped over. The costs of the hardware and the labour costs associated with this shall be absorbed by the Company. The Company must obtain beforehand the University’s permission regarding the machine’s location and the manner of securing the machines.
Selected and implemented security systems must be approved by the University.
It is the successful proponent's responsibility to ensure that the C.S.A. seal of approval appears on all electrical equipment to be used in the operation of said vending machines.
The Company shall be responsible for the invoicing costs from the University, Protection Services, associated with their involvement or assistance regarding the Company’s vending machines.
2.10 AUDIT
The successful proponent shall make available to the University, if so requested, audited copies of his annual financial statements. Furthermore, the officers of the University shall be permitted to examine such records they see fit to assure themselves of the accuracy of all financial information and monies remitted to the University. Such examination of the books shall take place during normal business hours.
2.11 ITEMS AND PRICE LIST
The successful proponent shall submit once a year for approval, before March 1st, a list of price increase for all items. Such an increase will be authorized yearly only, unless agreed by Philippe Demers, Manager, Food Services, after proof of validity of reason(s) warranting such an increase. Annual increases should only take effect on the 1st of May of every year.
In its proposition, the Company will submit a list of items to be sold in vending machines, with their retail prices (Form II). Upon approval from Philippe Demers, Manager, Food Services, items and prices will be effective from June 1, 2019.
Any modification to concept, items lists, policies and sales strategies must be analysed with Philippe Demers, Manager, Food Services and Carole Dessureault, Senior Procurement Officer, Procurement Services to be approved before they are applied.
Prices, quantities and quality of beverages must be comparable to those offered on the market to consumers.
Prices shall be posted for easy viewing by the public at all times.
The Company must, throughout the duration of the contract, keep adequate food and beverage supplies to ensure an efficient and uninterrupted service of the operations contained in the contract.
The Company must indicate if minimum orders, minimum quantities or minimum cases are required in order to restock or replenish the products sold in the vending machines.
Propositions of amendments to items sold and their respective value must be submitted to Philippe Demers, Manager, Food Services, at the latest, on May 1st of each year. Propositions of amendments are subject to the approval of Philippe Demers, Manager, Food Services.
Price changes will be allowed once a year, on May 1st, and must be duly authorized by the University. The Company must submit a list of new items and quantities to Philippe Demers, Manager, Food Services, with parallel information from the previous year, surrounding colleges and universities and the Consumers Price Index published by Statistics Canada.
Price changes outside the period mentioned in the above paragraph may become exceptions in the event of a substantial and sudden increases on the market place caused by uncontrollable circumstances by the Company which are independent from its own will but which may affect one or numerous items sold by the Company and for which the Company submitted a proof.
Posting and signing, in each and every point of sale is the Company's responsibility and must adhere to the University's standards, policies and procedures. A written approval from the University must be given to the Company prior to posting and signing on the University property. Signage costs and signage identification of locations is at the Company's expense. It is permitted to have posting and signage on the Company’s machines themselves. All signs are to be bilingual.
2.12 EXCEPTIONS
The University, at any time, reserves the right to recommend the replacement of certain items if requested to by customer demand within, but not limited to the following circumstances:
+ when the quantity of the item is not sufficient
+ when flavour variety is not sufficient
+ when brand variety of the item is not sufficient
- when the style or the capacity of the container is not satisfactory
- when the sales are low
- when is for a security causes
- when is for a energy reasons
+ all other circumstances to be judged inadequate or necessary by the University.
In the event that certain items from the Company are not retained, the University will not be held responsible to compensate the Company for sales nor for profits losses.
2.13 OTHER DISPOSITIONS
The successful proponent shall enter into a written agreement with the University in terms reflecting the present document. Amendments may be required by the University and negotiated during the contract period. The distribution of the existing vending machines may be subject to changes. The University does not anticipate the relocation of existing machines, nor an increase in their numbers. The proponents are requested to submit their proposal in relation to the current and existing installations. The University reserves the right to negotiate new or additional locations, the redistribution of the existing machines as well as new products with the successful proponent.
After the opening of the tender, the University reserves the right to visit certain companies and certain of their clients. The result of these visits constitutes another selection criterion.
The answers to the questions contained in this tender are obligatory and must follow the chronological order with the number of questions asked.
The successful proponent shall submit to the University any plans and designs that he/she deems necessary:
+ The types of service existing in each location are listed In Appendix F. The proponents will complete Form I with their proposal.
+ The proponents must indicate the number and type of equipment they intend to install in each location to meet the requirements of the University.
+ These are indications of the kind of machines we would like installed, but any additional changes or suggestions will be carefully examined.
2.14 SERVICES PROVIDED BY THE UNIVERSITY
The University shall supply, at its own expense, premises required for the operation of vending machines, including electricity, heating, ventilation, and water, as described in Appendix F.
The University reserves the right to refuse the installation of machines for which installation costs would be too high, according to the University's analysis. However, with the University's agreement, and while adhering to all policies, procedures and laws established by the province of Ontario and on the University campus, the Company may, at its own expense, perform the required installation services. Connection of vending machines to public services is the Company's financial responsibility.
The Company is responsible for all losses or all damages caused to the University’s property resulting in the execution or non-execution of its duties, be it that the losses or damages are independent consequences of the Company’s intentions.
2.15 CHRISTMAS HOLIDAY PERIOD
The closure of the University during the Christmas holiday period will coincide with its Energy Conservation Program where most building temperatures are reduced at particular times or on certain days. The University will not be held responsible for the loss of items or for damages caused to the vending machines as a result of these temperature adjustments.
2.16 VENDING MACHINES REQUIREMENTS
All Vending Machines shall:
1. Be Canadian Standards Association (“CSA”) approved vending machines, with model, colour and design pre-approved by the University of Ottawa prior to installation;
2. Be MultiDropBus (“MDB”) equipped and capable of supporting a cashless vending system using the uOttawa student card (Coinco Iris reader) or other cashless payment system approved by the University of Ottawa (ITC compatibility preferred); and/or accept coins in the following denominations of Canadian currency: $10.00, $2.00, $1.00, 25 cents, 10 cents, 5 cents and return the appropriate amount of change (“force vend” is not permitted);
3. Accept credit cards payment transactions that are conducted via cellular communication in a manner that is PCI compliant;
4. Be equipped to provide thermal overload protection;
5. Be installed and bolted in a safe and secure manner;
6. Be equipped with all necessary safety devices which shall be maintained in good operating condition at all times;
7. Be equipped with an electronic recording counter or meter;
8. Be uniquely identifiable and have a sticker informing the customer who to call if they have problems with a transaction (e.g., lost monies, damaged product, etc.); provided by the University of Ottawa
9. Be energy efficient – to reduce energy consumption, machines must power down the lights and/or compression during hours when there is no customer activity. The power management system should also consider a temperature sensor to ensure that products are maintained at the proper sale temperatures in accordance with health & safety requirements; and
10. Be set in place and ready to dispense product in accordance with the installation schedule as agreed by The University of Ottawa and the Selected Proponent.
It is preferred that vending machines are equipped with a cellular-based remote machine monitoring system (“Remote Monitoring System”) such as the “seed” system from Cantaloupe Systems or similar.
Promotion of the uOttawa student card is preferred. uOttawa will not be liable for any fraud related to the Selected Proponent’s acceptance of credit cards.
As new vending machines are developed and become available, the Selected Proponent shall readily upgrade the vending machines, with The University of Ottawa’s approval, throughout the duration of the Agreement to provide a modern and dynamic vending program.
All vending machines shall at times remain the property of the Selected Proponent. None of the vending machines shall be permanently installed or become part of a building. The University of Ottawa will not be responsible for any goods purchased by the Selected Proponent or for any other obligations or liabilities assumed or created by the Selected Proponent.
The Company shall supply all new or no older than a year old vending machines, necessary for the execution of the present contract, at its own expense. Proponents shall include a photo or catalogue image of the type of Vending Machines to be used, including the specifications. It is University of Ottawa’s strong preference that at the time of initial installation, all machines are factory-new or of the latest production models.
Proponents must specify what equipment will be factory-new and the production date of used or reconditioned equipment. Vending Machines should feature technology to minimize dispensing problems, to provide a positive customer experience and to minimize refund requests.
Relocation and/or moving of vending machines will be performed at the Company's expense. Connection of vending machines to public services supplied by the University is the Company's sole responsibility.
The University reserves the right to request that one or more vending machines be replaced by similar machines of a more recent model, or by different vending machines which best meet the requirements of the University’s population.
The Company shall perform all the physical changes it proposed in its offer. Such renovations shall adhere in value and nature to the information supplied in the offer.
Before performing any renovations, the Company shall request the approval of Philippe Demers, Manager, Food Services.
The Company shall supply the number of trucks required for a quality of service for all its points of sale. The Company is responsible to acquire and pay for the necessary parking permits. The Company must park only in the designated areas as instructed by the University’s Parking and Traffic. The Company is responsible for obeying all traffic laws and regulations while on University property and shall pay all fines should violations occur.
2.17 VENDING MACHINE ACCEPTORS
The successful proponent shall supply on ALL machines and at no charge to the University, acceptors allowing users to benefit of .25 / 1.00 / 2.00 piece of money as well as accepting $5.00 and $10.00 bills for change, debit cards, credit cards and the University’s uOttawa Student card. The successful proponent MUST supply Coin Co. Iris reader (see Appendix G) that integrate with the University’s uOttawa Student card system. The vendor will pay for any development costs associated with the integration into this system. Integration costs with the uottawa Card system are $0, annual licensing fees are approximately $40 annually per vending machines. Transactions shall be processed at no additional cost to the user.
2.18 COMPANY’S MAINTENANCE SERVICES
The Company is responsible for the daily cleaning and regular maintenance of all its vending machines on the University campus.
Premises shall be kept clean and in order, in accordance with health and hygiene rules.
Items required for the cleaning and maintenance must be supplied by the Company, at its sole expense.
The Company shall ensure that containers, garbage, and miscellaneous items are not left on the premises but are removed and brought to appropriate refusal facilities by its employees.
The University's authorization is required for the installation or removal of any vending machine.
2.19 UNIVERSITY’CONVENIENCE
The University shall keep in a state of cleanliness and, when necessary, replace at its own expense the following:
a) the space to be designated by the University in its premises for the operation of the said vending machines;
b) the heat, light, power, cold water, electrical and/or water outlets and connections for the operation of the said vending machines.
c) the equipment supplied by the University shall remain its property.
2.20 HEALTH AND HYGIENE
The Company shall ensure that health and hygiene rules, policies and procedures are familiar and applied at all times by the Company's employees, while handling beverages.
The Company shall adhere to all health and hygiene rules and regulations, as well as all requirements set by municipal, provincial or federal authorities concerning health, hygiene, and public health.
The Company shall forward a copy of all inspection’s reports performed by various public and/or private health and hygiene services to Philippe Demers, Manager and Financial Chief, Food Services.
In the instance that the Company is responsible of insect problems, it will be responsible for all costs related to the elimination of the problem. The Manager shall adhere to all federal, provincial and municipal laws and to the University's policies and procedures relating to the environment. He will adhere to the University's practical requirements, more specifically concerning the recycling and re-use of products. He will store and dispose of such products in spaces designated by the University for such purposes.
2.21 METHOD OF QUALITY CONTROL
The successful proponent is required to maintain an 80% satisfaction rate with vending across the campus. These scores are based on Compliantia © inspections conducted by the University of Ottawa. Should the vendor not reach the satisfaction scores annually or implement correctives actions to remedy the situation(s), the University of Ottawa reserve the right to terminate this agreement for non-compliance. This inspection includes but is not limited to the following criteria:
- Cleanliness
- Functional lights
- Proper labels
- Correct pricing
- Machines secured in place
- Acceptors in working condition
- Expiry dates
2.22 SUPPLIES QUALITY
The proponent will be responsible to supply all goods necessary for the efficient operation of machines.
The Company is solely responsible for the purchasing of products, supplies or material for the operation of vending machines containing cold drinks and snacks.
All purchases will be performed for the Company which in turn will assume payment.
To ensure top quality of supplies and products bought, Food Services or any other authorized University personnel may perform unscheduled visits on the premises.
2.23 HUMAN RESOURCES
The Company's personnel shall be courteous, respectful, and available on the University campus during normal business hours, that is, from Monday to Friday, 8:00 A.M. to 5:00 P.M. (September to April); 8:00 A.M. to 4:00 P.M. (June to September).
The Company's personnel must wear a clean uniform, approved by the University.
The Company shall be responsible for its personnel's behaviour, actions, and conduct, and will assume the costs of damages caused to the University's property during voluntary acts and/or negligence of its personnel.
The Company shall restrict access to its personnel to the specific premises allocated to vending machines.
All the Company's personnel shall scrupulously obey the University's laws, policies and procedures.
2.24 SERVICE CALL PROGRAM
The Proponents shall indicate their proposed service call program and how they intend to proceed with it and give details of their program. This shall include a communication piece with the client.
2.25 VENDING MACHINE INSTALLATION
Proponents shall provide as part of their Proposal a specific timetable and work plan including proposed timelines for completion of Vending Machine installation, specific tasks, progress reporting and identification of any University of Ottawa staff participation requirements.
The proponent will comply with all health and sanitation laws, regulations, requirements and directions of any federal, provincial and/or municipal authority relative to keeping all equipment in a clean and sanitary condition.
In its operation of vending machines the Company and its employees will comply with and abide by all reasonable lawful rules and regulations of the University which may be established from time to time, provided that no such rules or regulations shall inhibit the Company from exercising its rights and duties hereunder.
2.26 TAXES AND PERMIT
Business taxes
Business taxes, if applicable, will be paid by the successful proponent.
The Company shall have the sole responsibility for insurance premiums, permits, taxes, or any other charges imposed by federal, provincial or municipal authorities relating to the operation of vending machines.
The Company shall obtain permits and licenses essential to the operation of vending machines; the Company shall post such permits and licenses for public viewing on the premises.
Upon the University's request, the Company shall produce proof of payment for taxes, permits, licenses, or any other charges imposed by authorities.
2.27 RULES AND REGULATIONS
Rules applicable to this contract are those of the Province of Ontario, federal and municipal laws.
The Company shall adhere to all municipal, provincial and federal laws relating to public nutrition and to the operation of food services and vending machines.
2.28 STRIKE
Should members of the support staff or the teaching staff or any portion thereof go on strike whether legally or illegally, or cause picketing to occur whether legally or illegally or cause a boycott to occur which directly affects the Company's operations on the University's premises, or should the students or any number of these cause picketing or a boycott to occur which directly affects the Company's operations a review will be made of the minimum guarantee payable to the University. Provided, however, that if any of the events described in the preceding sentence occur as a direct result of any actions by the Company, the Company shall be stopped from claiming any such percentage and the University shall be fully entitled to rely upon the provisions contained in this paragraph in respect of any claim made by the Company against the University in relation thereto and this paragraph may also be pleaded and relied upon by the University in any action brought with respect to any such claims by the Company against the University, in any Court of competent jurisdiction.
2.29 PROTECTION OF THE ENVIRONMENT
The proponent agrees to honor the University's regulations relating to the protection of the environment. The proponent shall adhere to the prevention programs and recycling programs requirements and any other programs set by the University.
2.30 CASHLESS / UOTTAWA CARD SYSTEM
The supplier will work with the University of Ottawa to accept the uOttawa card as a form of payment in all of its vending machines across campus. The supplier will pay for the labour costs associated with the installation, repairs and maintenance of the card acceptors as it pertains to its machines.
2.31 CESSION AND BANKRUPTCY
The Company will at no time assign the present contract to a third party without having first obtained a written consent from the University, such consent not to be reasonably withheld.
The present contract will be immediately terminated in cases of bankruptcy or of insolvency on the part of the Company, or in cases where the Company withdraws its assets in order to meet its obligations to its creditors, or if the Company takes rightful advantage of the legal provisions regarding liquidation and insolvency.
2.32 SECURITY REQUIREMENTS
2.32.1 The PERFORMANCE BOND requested in this Request for Proposals shall be issued in verifiable and acceptable form to the University, such as:
- From a duly licensed company selling securities in Ontario and/or Canada
- Canadian bank draft or guarantee
- Certified cheque drawn on a Canadian bank account.
2.32.2 Upon request, the successful proponent shall furnish a PERFORMANCE BOND in favor of the University. Such a bond shall be for an amount of not less than TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and shall be maintained in force for the warranty period.
2.32.3 The performance bond must allow the University to draw from the coverage amount any sums necessary to ensure compliance with each and every clause of the tender documents in the event of non-performance or of failure to observe the terms of payment of any additional salaries and fees required to ensure this compliance.
2.32.4 Prior to exercising its rights to use the performance bond, the University must give the successful proponent five (5) days prior notice in writing in order to allow the Company to adequately remedy any anomalies noted.
2.32.5 In cases where the failing equipment is severely restricting the University 's ability to do business, and the Company appears to be unable to effect repairs within a reasonable time, the University reserves the right to obtain maintenance service from other sources without delay or written notice. The cost for service will be charged to funds drawn from the performance bond supplied by the successful proponent.
2.32.6 The successful proponent shall indicate the format in which the performance bond will be presented. The format selected by the successful proponent is restricted to those identified in subsection 7.1, Security Requirements.
[End of Part 2]
PART 3 – EVALUATION OF PROPOSALS
3.1. Timetable
Proponents should submit their proposals according to the following timetable and instructions.
3.1.1 Timetable
Issue Date of RFPMarch 15, 2019
Deadline for QuestionsMarch 22, 2019
Deadline for Issuing AddendaMach 27, 2019
Submission DateApril 10, 2019 at 3:00 pm EDT
AwardMay 2019
The RFP timetable is tentative only, and may be changed by the University at any time.
3.2 Stages of Proposal Evaluation
The University will assemble an evaluation team comprised of university administrative staff for the sole purpose of evaluating each Proposal received in response to this RFP.
The University will conduct the evaluation of proposals in the following four (4) stages:
StagesEvaluationWeight %
Stage IReview of Mandatory RequirementsPass/Fail
Stage IIEvaluation of Rated Criteria45%
Stage IIIEvaluation of Financial proposal35%
Stage IVEvaluation of Presentation and Q&A20%
Total100%
