Request For Proposals: Prime Supply - Food Service …basc1.org/.../Request_For_Proposals_FINAL.docx · Web viewRequest For Proposals: Prime Supply - Food Service ProductsBrockport

Request For Proposals: Prime Supply - Food Service Products

Related ToTHE BROCKPORT AUXILIARY SERVICE CORPORATION

THE COLLEGE AT BROCKPORTSTATE UNIVERSITY OF NEW YORK

Campus Visit Available:

January 20, 2016 between 9:00 AM and 3:00 PM

Deadline for Submissions:

February 12, 2016 at 4:00 PM

Authorized Contact:

Richard ReynoldsAssistant Director of Dining / Executive Chef

Brockway HallThe College at Brockport

Brockport, NY 14420Tel 585-395-5269 / Fax 585-395-2336

E-mail: [email protected]

Request For Proposals: Prime Supply - Food Service Products Brockport Auxiliary Service Corporation

T A B L E O F C O N T E N T S

INSTRUCTIONS TO PROPOSERS................................................................................................................11. INTRODUCTION................................................................................................................................12. IMPORTANT DATES, ADDRESSES AND CONTACT INFORMATION.............................................23. GENERAL PROPOSAL REQUIREMENTS.........................................................................................44. CONTENTS OF TECHNICAL AND FINANCIAL PROPOSAL............................................................66. MODIFYING YOUR PROPOSAL........................................................................................................87. WITHDRAWING YOUR PROPOSAL..................................................................................................98. PROPOSAL EVALUATION.................................................................................................................99. RESERVATION OF RIGHTS............................................................................................................1010. GENERAL PROPOSAL CONDITIONS.........................................................................................10

EXHIBIT A COLLEGE AND CORPORATION DESCRIPTIONS.................................................................1EXHIBIT B FOOD SERVICE LOCATIONS..................................................................................................1EXHIBIT C SCHEDULE OF OPERATIONS.................................................................................................1EXHIBIT D COLLEGE CALENDAR.............................................................................................................1EXHIBIT E ACCOUNTING PROCEDURES................................................................................................1EXHIBIT F DELIVERY PROCEDURES.......................................................................................................1EXHIBIT G SUPPORT AND VALUE-ADDED CONSIDERATION..............................................................1FORM 1 PROPOSER QUESTIONNAIRE....................................................................................................1FORM 2 – ITEM | STOCK UNIT | PRICE SHEET – TOP 100 ITEMS......................................................1FORM 3 –FINANCIAL PROPOSAL...............................................................................................................1FORM 4 – CONTRACT TEMPLATE..............................................................................................................1

SECTION 1 – DEFINITIONS.........................................................................................................................1SECTION 2 – TERM......................................................................................................................................2SECTION 3 – SCOPE OF SERVICES – GENERAL.....................................................................................2SECTION 4 – INSURANCE...........................................................................................................................4SECTION 5 – ASSUMPTION OF RISK AND INDEMNIFICATION; WAIVER...............................................6SECTION 6 – CONTRACTOR’S INDEPENDENT STATUS..........................................................................7SECTION 7 – SUBCONTRACTORS.............................................................................................................8SECTION 8 – USE OF NAME; ADVERTISING, DISPLAYS.........................................................................8SECTION 9 – TERMINATION.......................................................................................................................8SECTION 10 – COMPLIANCE WITH LAW...................................................................................................9SECTION 11 – PERIOD OF LIMITATION.....................................................................................................9SECTION 12 – SUNY RELATED ENTITY REQUIREMENTS.......................................................................9SECTION 13 – CONTRACT DOCUMENTS..................................................................................................9SECTION 14 – REPRESENTATIONS AND WARRANTIES.........................................................................9SECTION 15 – MISCELLANEOUS..............................................................................................................10

APPENDIX I.................................................................................................................................................15STANDARD CONTRACT CLAUSES...........................................................................................................15



INSTRUCTIONS TO PROPOSERS

1. INTRODUCTION

1.1. General. This Request for Proposals (“RFP”) is issued by the Brockport Auxiliary Service Corporation, a New York not-for-profit corporation with office located at 350 New Campus Drive, Brockport, New York 14420 (“Corporation” or “BASC”)). In this RFP references to “we”, “us” or “our” mean the Corporation, and references to “you” or “your” mean each and every respondent to this RFP.

1.2. Objective. Our objective is to select a Primary Distributor of Food Service Products for the Corporation. Our goal is to partner with a firm that will help BASC form a more strategic approach to supply chain management.

1.2.1. It is expected that the winning vendor will enter into a written agreement with the Corporation setting forth the terms and conditions of the services to be provided (the “Contract”).

1.2.2. We are looking for a relationship that will distinguish itself by providing high value and satisfaction and be viewed as successful by both parties as well as the College at Brockport, State University of New York, (the “College”) community. We will favorably consider proposals that reflect the characteristics of the College and consider its particular needs.

1.3. Term of Contract. We anticipate that the term of the Supply Contract will be five (5) years with two (2) renewal options each of one (1) year.

1.4. Exhibits. The following Exhibits are attached and are hereby incorporated into this RFP:

Exhibit A – Description of College

Exhibit B – Food Service Locations

Exhibit C – Schedule of Operations for College Cafeteria

Exhibit D – College Calendar

Exhibit E – Accounting Procedures

Exhibit F – Delivery Procedures

Exhibit G – Support and Value-Added Consideration

You must meet all of the requirements of Sections 2 through 4 below (“Requirements”) on or before the Proposal Due Date and Time listed in Section 2.1.

We reserve the right to determine that you have substantially met the Requirements and/or to ask for additional information.

1.4.1.

Instructions - Page 1 of 12


2. IMPORTANT DATES, ADDRESSES AND CONTACT INFORMATION

2.1. Important Dates

Event Date

Release of RFP December 18, 2015

Campus Visit Available January 20, 2016

Question Submission Deadline January 29, 2016

Projected Date of Response to Questions February 5, 2016

Proposal Due Date February 12, 2016

Projected Date of Contractor Selection March 25, 2016

Desired Start of Contract May 20, 2016

2.2. Campus and Proposer Site Visit.

2.2.1. BASC will offer optional conferences with proposers to be scheduled on January 20, 2016 between 9:00 AM and 4:00 PM.

2.2.2. Proposers choosing this option should meet at Brockway Hall located on Residence Drive on the College Campus no later than 3:00 PM ET.

2.2.3. Please arrange your firm’s Campus Visit by contacting Ms. Jean Gilman at (585) 395-2497; [email protected]. Your attendance should also be confirmed at least 24 hours in advance of the meeting.

2.2.4. All vehicles parking on campus must have a parking pass. These passes may be picked up at the Raye H. Conrad Welcome Center located at the corner of New Campus and Commencement Drives. Please plan accordingly.

2.2.5. One purpose of the Campus Visit is for you to see the campus and ask questions about the scope of the supply contract and the conditions under which it is to be performed. Your investigation of the existing conditions and the scope of the supply contract is crucial. Your proposed performance of the supply contract represents a binding obligation and you will be responsible for any obligations you may have with respect to this RFP or to the supply Contract, if awarded to you.

2.2.6. Proposers will be expected to arrange a visit to their site by members of the BASC evaluation team.

2.3. Contact with Corporation and Questions.

2.3.1. You must direct all your communications regarding this RFP to the following authorized contact (the “Authorized Contact”), unless this RFP specifically provides otherwise. Do not contact anyone else at the Corporation, the College or SUNY.



2.3.2. The Authorized Contact is:

Chef Richard R ReynoldsAssistant Director of Dining/Exec. ChefBrockway HallThe College at BrockportBrockport, NY 14420Tel 585-395-5269 / Fax 585-395-2336

[email protected]

2.3.3. If you have any questions about this RFP, including requests for interpretation or correction, send them to us before submitting your proposal. Send all questions, in writing, and by the Question Submission Deadline listed in Section 2.1, to the Authorized Contact.

2.3.4. Any questions or requests for clarification should be by email communication prior to the Proposal Due Date and Time listed in Section 2.1 and will be shared with all respondents to this RFP. We will respond to your questions and issue any clarifications and amendments to the RFP, as we may deem necessary, in the form of written Addenda to this RFP. We will send each such Addendum to all respondents to this RFP by mail, e-mail, facsimile or courier. We are not responsible if you fail to receive an Addendum.

2.3.5. All Addenda are a part of this RFP, and are binding on you whether or not you receive them. We encourage you to verify with the Authorized Contact that you have received all Addenda before submitting your proposal. Only answers, clarifications and amendments we give in a written Addendum are binding on us. We are not responsible for the accuracy of information given orally.

2.4. Submission of Proposal.

2.4.1. Proposals are to be prepared according to the instructions in Sections 3 - 6 and submitted in both electronic format (Word, Excel, PDF) and in hardcopy, preferably bound.

2.4.2. We must receive your proposal on or before the Proposal Due Date and Time listed in Section 2.1 at the following address:

Brockport Auxiliary Service Corporation The College at Brockport350 New Campus Drive (mailed)Brockway Hall (delivered)Brockport, New York 14420Attn: Jean Gilman, Executive Administrative Assistant

2.4.3. You are solely responsible for ensuring that your proposal arrives on time at the proper location.

2.4.4. We will not accept faxed proposals.

2.4.5. There will be no public meeting for the opening of proposal documents. 3.



3. GENERAL PROPOSAL REQUIREMENTS

3.1. Prepare and submit one original and one (1) complete copies of your proposal. Include in your submission the following materials, completed, and with all required signatures and attachments:

Technical and Financial Proposal with the information listed in Section 4 Form 1 – Proposer Questionnaire and Certification of Proposal Form 2 – Item Specifications Form 3 – Summary of Financial Proposal This RFP document Any Addenda

Do not sign Form 4 (Contract Template) at this time.

3.2. Mark clearly all information submitted in your proposal with the Section and Subsection number to which it is responsive.

3.3. Make sure that the information in your proposal is consistent throughout.

3.4. If you think that any of the information in your proposal is a trade secret or is proprietary, or if you are required to keep certain information confidential because of a prior contract, you must submit this information in a separate sealed envelope marked “CONFIDENTIAL PORTIONS OF PROPOSAL.” We will not consider any request that an entire proposal be kept confidential. Similarly, pricing information, discounts, makes, model and catalog numbers of goods offered, terms of delivery and terms of payment are not considered proprietary and you must not designate them as such. To the extent permitted by law, we will deny public access to information submitted as described in this paragraph. If you fail to follow these instructions, we will not be responsible for the confidentiality of the information.

3.5. Indicate on Form 1, Item 22 any deviations from this RFP. Do not make changes to the RFP documents themselves.

3.5.1. Unless you indicate otherwise on Form 1, Item 22, we will assume that you agree to the proposed terms and conditions set forth in this RFP. We reserve the right to accept or reject any changes you suggest.

3.6. Include all discounts, incentives or other financial considerations in your financial proposal, even if not specifically mentioned in this RFP.

3.7. All pricing is to be done on a “COST PLUS” vendor mark-up for each item. Vendor mark-up defined for this request for proposal means, a single fixed percentage to remain in effect for the length of the Contract.

3.8. We define “base cost” as: your F.O.B. cost, plus freight on any given items from its point of origin to your dock.

3.9. Payment will be made by BASC to your company within thirty (30) days of BASC’s receipt of the proper invoice therefor. Invoices must contain the ordering unit number, list each fee item separately, and include sufficient detail for each line item to enable BASC to verify the calculation thereof. Payment will be refused on unsigned invoices. BASC will consider shorter terms of payment of invoices or direct payment electronically where there are discounts or incentives for such payments.



3.10. The Corporation is exempt from the payment of any federal, state and local sales and use taxes. Do not include these taxes when proposing prices for goods or services to be purchased by the Corporation.

3.11. Sign your proposal. Your proposal must be completed in the legal name of your company and must be signed by an authorized person.

3.12. Your proposal should offer your best and final terms. We reserve the right to award a contract on the basis of your submitted proposal without further discussion. Do not include ideas or concepts in your proposal that you are not prepared to implement should you be awarded the Contract.

3.13. Seal your proposal. The sealed envelope must clearly state: (i) your company’s name and address, (ii) the title of this RFP, and (iii) the date and time the proposal is due.

3.14. By signing and submitting your proposal, you affirm that you have read this RFP, including but not limited to the Contract (Form 4), accept its terms, and are able and willing to sign the Contract if your proposal is selected, subject only to any changes negotiated and agreed to by both of us. The issuance of a letter of intent to award or similar document does not require or commit us to enter into the Contract with you until all terms and conditions are negotiated and acceptable to us. In the event of any inconsistencies between your proposal and the RFP, the language of the RFP will control unless we have specifically agreed in writing to accept the terms from the proposal.

3.15. There will be no public meeting for the opening of proposal documents.

4.



4. CONTENTS OF TECHNICAL AND FINANCIAL PROPOSAL

All Proposers must respond to Section 4.1. Additional information is required depending on what services are included in your proposal(s). You must also fill out the portion of Form 3 applicable to your proposal(s).

4.1. Your proposal must include the following information:

4.1.1. Company Profile . Provide the following:

4.1.1.1. A brief history of your company’s presence in the industry, especially as it relates to the higher education market, including revenue levels, number of current accounts, years in business, and number and make-up of staff.

4.1.1.2. Evidence that your company has a minimum of three (3) years of successful business experience performing comparable services to those under this RFP. Provide a list of your company’s current corporate and educational clients. For those clients in the Monroe county area, include the following information:

Name and address of the companyName and title of client contactTelephone number of client contactPeriod of serviceRevenue level for each account

4.1.1.3. Former clients: Provide a list of companies where your company’s services have been terminated (either by your company or by the client) within the past three years. For those companies in the Monroe county area, include the following information:

Name and address of the companyName and title of client contactTelephone number of client contactDate and reason for termination

4.1.1.4. Evidence of your company’s financial viability.

4.1.1.5. A description of any citations or other legal or regulatory actions against your company by a local or state health department or other agency regarding food safety, workplace safety or related issues in the past three years.

4.1.1.6. Indemnification : Enclosed in Form 4 (Contract) Section 4 you will find the Corporation Indemnification and Insurance Specifications. It is very important that you understand that the successful proposer will be required to comply with these requirements and submit a Certificate of Liability Insurance as proof of having the required coverage and indemnification. You will also be required to name each of BASC,



the College and the State of New York as additional insureds on the Certificate of Liability Insurance.

4.1.2. Quality Assurance . Include a plan to provide quality assurance with respect to all aspects of Food Service Products supply operations with descriptions of:

4.1.2.1. The process by which food quality would be addressed for all food provided by your company;

4.1.2.2. Your company’s internal quality assurance program, including samples of any inspection/quality audit forms used as part of any district, regional, or corporate visitations;

4.1.2.3. Follow up procedures for customer complaints;

4.1.2.4. Seller warrants that all food items furnished shall be free from defects and that all food items shall be wholesome and sufficient for the purposes intended.

4.1.2.5. HACCP Program: Include a brief description of your HACCP program. Include information pertaining to your employees training in food safety and the measures you take to ensure that proper temperatures are maintained during the complete delivery process of all food products. The Corporation reserves the right to inspect all incoming products. Products and services not meeting our specifications may be rejected in part or in whole. In the case of rejection it will remain the vendor’s responsibility to provide us with the specified products by 9:00AM the following morning.

4.1.2.6. Product Recalls: Provide a description of your company’s plan in terms of communication to the Corporation and removal of recalled products.

4.1.2.7. Disaster Plan: Provide a description of your company’s disaster plan in terms of maintaining normally scheduled delivery to the Corporation.

4.1.2.8. A plan for ongoing as well as periodic customer service monitoring;

4.1.2.9. Price Audits: BASC will be performing a minimum of one (1) and maximum of two (2) audit(s) per year. We will audit selected purchases which will include up to twenty (20) high volume items. These audits will take place at your facility and should last no longer than two (2) hours each. We will confirm specific dates and times fifteen (15) working days prior to each audit.

4.1.3. Sustainability Program : Include a brief description of your Sustainability Program.

4.1.4. Purchase Summary : If your proposal will contain volume-based discounts, we will require a periodic aggregate purchasing summary to include total purchases and dollar volume broken down by commodity category made during BASC’s fiscal year (June 1st to May 31st).

4.1.5. Rebates : BASC relies on rebates from manufacturers to keep the cost of products as low as possible. We require the distributor, on a quarterly basis, to provide a system of identifying any and all forms of income offered from manufacturers for the purpose of lowering the cost of products to BASC Dining Services. This reduction in product cost would then be paid to



BASC Dining Services in the form of a rebate check, on a quarterly basis, along with a complete listing of all manufacturers involved. Failure to comply with this requirement may terminate this Prime Supplier agreement.

4.1.6. On-line Capabilities : BASC requires information regarding the availability of on-line ordering and on-line price updates to our CBORD FSS system. If other on-line capabilities are available, include information about them.

4.1.7. Special Orders: Provide your company’s definition of a “Special Order”, as it pertains to orders from BASC including any change in the mark-up percentage, if applicable.

4.1.8. Substitution : Provide your company’s policy in regards to substitution of products when original orders cannot be filled.

4.1.9. Value Added Consideration : The Corporation, in return for executing a contract for Food Service Products services, will require a direct financial consideration. This may include any topic not already required in our request for proposal (for example):

Campus & community events Sponsorships Product or promotional item supply

Item suggestions and mandated items for the considerations listed in here are contained in Exhibit G.

4.1.10. Additional Information . Provide any other information you believe will be helpful to the Selection Committee in evaluating your proposal

4.1.11. Equipment and Maintenance .

4.1.11.1. Any equipment that are included in the proposal must be new equipment.

4.1.11.2. Fountain, dispensing, and vending equipment is to be replaced every three (3) years. Describe your company’s program for preventative maintenance and regular replacement of worn, malfunctioning or damaged equipment.

4.1.11.3. Provide a list, with quantity, brand and model number, of all equipment your company proposes to bring onto the College campus. Include complete copies of manufacturer’s description literature regarding any equipment proposed.

5. ALTERNATE PROPOSALSYou may submit alternate proposals if you wish to provide different options for configuration or other value-added purposes. If you choose to do so, summarize the alternate(s) presented on FORM 3 with any necessary supporting documents. The other forms need not be re-submitted.

6. MODIFYING YOUR PROPOSALYou may submit a modified proposal to replace a submitted proposal up until the Proposal Due Date and Time. It is your responsibility to ensure that any modified proposal is clearly marked as such on the outer envelope. Submit your entire proposal again, as modified. We will open only the latest timely submitted proposal.



7. WITHDRAWING YOUR PROPOSAL

7.1. Your submission of a proposal is a binding offer to provide goods and/or financial remuneration and/or to perform services for BASC. This offer will remain in effect for 180 calendar days after the Proposal Due Date (the “offer period”), unless you withdraw your proposal pursuant to Section 6.2 below. Any request to withdraw your proposal must be made in writing to the Authorized Contact.

7.2. You may withdraw your proposal at any time before the Proposal Due Date.

8. PROPOSAL EVALUATION

8.1. This is a request for proposals and not a bid process. Therefore, we have the discretion to evaluate the qualitative as well as financial aspects of each proposal and make a selection based on what we consider to be in the best interests of The Corporation and The College.

8.2. We will appoint a Selection Committee consisting of a minimum of three persons. The Selection Committee may appoint one or more consultants to advise on specific issues arising during the proposal evaluation process. The Selection Committee will evaluate those proposals that meet the Requirements. Once the Selection Committee has completed its evaluation, it will make a recommendation to the Executive Director of the Corporation. The Executive Director will make the final determination regarding award of the Contract.

8.3. Proposers will be notified by mail concerning the evaluation process results.

8.4. The criteria on which each proposal meeting the Requirements will be evaluated, and the weights assigned to them, are as follows:

A: Financial Proposal 75 %B: Technical (e.g., online ordering, item data transition, etc.);Value Added Services Proposed (e.g., sustainability, food shows, volume purchasing availability, etc.); References

25 %

TOTAL 100 %

8.5. We reserve the following rights:

8.5.1. to interview each proposer or a short list of proposers;

8.5.2. to negotiate with proposers as necessary in our best interests. We may negotiate with proposers concurrently or sequentially. If we invite you to negotiate with us, this does not give you any rights regarding the RFP or any guarantee for the ultimate award of the Contract;

8.5.3. to rescore proposals after interviews, site visits, and/or negotiations;

8.5.4. to award the Contract to a proposer other than the proposer or proposers offering the lowest overall cost or the greatest financial return to us; and

8.5.5. to decide tie proposals in our sole discretion and best interest.



9. RESERVATION OF RIGHTS

Notwithstanding anything to the contrary in this RFP, we reserve the right to:

9.1. reject any and all proposals;

9.2. reject your proposal if:

9.2.1. you do not meet all of the Requirements;

9.2.2. you misstate, mislead or conceal any material fact in your proposal, or in subsequent submissions, whether oral or written;

9.2.3. it is not in compliance with law;

9.2.4. it contains variations from the terms and conditions of the RFP or theContract, or is otherwise not responsive to our requirements;

9.2.5. any part of it is conditional; or

9.2.6. it contains conflicting information.

9.3. reject your proposal if you communicate with someone other than the Authorized Contact about the Contract, unless that communication is specifically permitted by this RFP. If you are awarded the Contract and we discover a violation after such award, we have the right to immediately terminate the Contract.

9.4. amend, withdraw or re-issue this RFP: (i) before the Campus Visit, with written notice to all respondents who requested and/or were sent an RFP or (ii) after the Campus Visit, with written notice only to those respondents who attended the Campus Visit;

9.5. waive or modify minor irregularities in your proposal;

9.6. visit one or more of your clients and/or former clients for referral and recommendation purposes;

9.7. change any of the scheduled or projected dates of this RFP;

9.8. request additional information, representations, samples, and demonstrations from you;

9.9. use any, some, or all ideas submitted in your proposal unless such ideas are protected by proprietary rights and you declare this pursuant to Section 3.4 above.

10. GENERAL PROPOSAL CONDITIONS

10.1. This RFP and the Contract are governed by the laws of the State of New York, without regard to principles of conflicts of law.

10.2. The Contract will be a requirements contract, and any prior year sales data provided to you is for information purposes only, and is not a guarantee. The sales actually earned by the company awarded the Contract may be less or more than in prior years. If less, we will not be liable to the company for damages or lost profits because of this.



10.3. You may not make public announcements or news releases regarding this RFP, the Contract or any subsequent contract without our prior written approval.

10.4. You may not use the name or any trademark, service mark, or other proprietary mark or logo of the Corporation, the College, SUNY or any constituent college of SUNY without our or SUNY’s prior written approval, as the case may be.

10.5. You are responsible for all costs associated with the preparation, transmittal, and presentation of your proposal.

10.6. At our request and at your cost, you must timely remove any samples you provided to us. We won’t be responsible for any samples that are destroyed or damaged while in our custody. If samples aren’t removed within thirty (30) calendar days after we send you a written notice, they will be considered abandoned. Expenses incurred in their disposal will be charged to you.

10.7. We will not be bound by any oral or written information released prior to the date of release of this RFP. After its release, we will be bound only by this RFP, any Addenda, and the Contract.

10.8. The information provided in this RFP is summary in nature and has been prepared without audit or verification. We make no representations or warranties of any kind, either expressed or implied, with respect to this information.



EXHIBIT A

COLLEGE AND CORPORATION DESCRIPTIONS

OverviewFounded in 1835, The College at Brockport is a public, comprehensive four-year college, committed to student success through fostering innovative thinkers and leaders who are assets in the classroom and the workplace. Our 464-acre campus has 66 buildings occupying about one-quarter of the campus, with rolling grassy fields and wooded land. Brockport, NY is a small college town of 8,100 residents located on the historic Erie Canal. Located in Greater Rochester (Monroe County), the campus is 16 miles from downtown, 45 miles east of Buffalo, NY.

Enrollment (Fall 2015) Undergraduate enrollment: 7,090 Graduate enrollment: 1,038

Resident students: 2,700

The Brockport Auxiliary Service Corporation (“BASC”) is a New York not-for-profit and 501(c)(3) corporation located on the campus of the College. BASC is contracted by the College to provide and manage dining services, the bookstore, catering services, laundry services, parking and transportation services, vending services, ATM's, events and conferences, campus ID services, and debit card program.

Description of the food service areaBASC Dining Services provides students with a great culinary experience with a focus on wellness, facilities, and service all at an incredible value. BASC College Dining Services have consistently received top marks and we rank among the top of all SUNY schools.

Our focus is on:

outstanding food facilities value wellness

BASC really listens to what students want. Our nine dining locations on campus provide lots of meal plan options and hours of operation designed to meet students' lifestyles. From 7 am until 1 am, students have a place to dine on campus.

Exhibit A - Page 1 of 2


Exhibit A - Page 2 of 2


EXHIBIT B

FOOD SERVICE LOCATIONS

VENUE NAME REGULAR HOURS

Aerie CafeMon - Thurs 8:30 am - 11 pmFriday 8:30 am - 2 pmSunday 5 - 10 pm

Brockway Dining Room

Breakfast Mon - Fri 7:30 - 11 amLunch Mon - Fri 11 am - 2 pmLight Lunch Mon - Thurs 2 - 4 pmDinner Mon - Thurs 4 - 8 pm

Concessions As required by events

Eagle’s Nest Daily 9 am - 1 am

Garnishes Catering Contracted services

Harrison Dining Room

Lunch/Brunch Mon - Fri 11 am - 2 pmSat - Sun 10:30 am - 2 pmLight Lunch Daily 2 - 4 pmDinner Mon - Thurs 4 - 8 pmFri - Sat 4 - 7 pmSunday 4 - 8 pm

Hartwell Mon - Thurs 7:45 am - 6:30 pm Friday 7:45 am - 1:30 pm

Jitterbugs Cafe Mon - Thurs 7:45 am - 9:30 pm Friday 7:45 am - 3 pm

Kinetic Kafe Mon - Thurs 7:30 am - 6 pmFriday 7:30 am - 3 pm

Subway Mon - Thurs 10:30 am - 8 pmFriday 10:30 am - 3 pm

The Square Mon – Thurs 7:30 am - 6 pm Friday 7:30 am - 3 pm

Trax Daily 5 pm - 1 am

Exhibit B - Page 1 of 2


Exhibit B - Page 2 of 2


EXHIBIT C

SCHEDULE OF OPERATIONS

The hours listed are those currently in effect are given as an example.

1. FULL SCHEDULE

Locations operate at Regular Hours (Exhibit B) during the Fall and Spring Semesters

2. LIMITED SCHEDULE

Locations operate under shortened hours, some locations may close.

Note: During certain times of the year, delivery changes will be necessary based on changes to our hours of operation.

3. REGISTRATION SCHEDULE

Residential locations operate under shortened hours, some locations may close.


4. SUMMER SCHEDULE

Residential Locations are closed, except as scheduled events may require them to open.

Union Square operates on a limited basis


Exhibit C - Page 1 of 2


Exhibit C - Page 2 of 2


EXHIBIT D

COLLEGE CALENDAR

Fall Semester 2016August 26, 2016, Friday Welcome Weekend Begins

August 29, 2016, Monday, 8 AM Instruction Begins

September 5, 2016, Monday Labor Day (1)

September 6, 2016, Tuesday, 5 PM Add Period Ends

September 16, 2016, Friday, 5 PM Late Add Period Ends

September 16, 2016, Friday Constitution Day; Class in Session

September 27, 2016, Tuesday, 5 PM Full Semester Course Drop Period Ends(2)

October 15, 2016, Saturday, 5 PM Mid-Term (1st Quarter Ends)

October 17 & 18, 2016, Monday & Tuesday Mid-Semester Break (1)

October 17, 2016, Monday, 4 PM Student Progress Evaluations Due in Registrar’s Office

October 19, 2016, Wednesday, 8 AM Instruction Resumes

November 4, 2016, Friday, 5 PM Deadline to Withdraw without Department Chair Permission

November 23, 2016, Wednesday Thanksgiving Recess Begins (1)

November 28, 2016, Monday, 8 AM Instruction Resumes

December 2, 2016, Friday 5 PM Withdraw Period Ends

December 10, 2016, Saturday, 5 PM Regular Course Schedule Ends (3) (2nd Quarter Ends)

December 12, 2016, Monday, 8 AM Final Exam Period Begins

December 17, 2016, Saturday, 5 PM Final Exam Period Ends (Semester Ends)

December 23, 2016, Friday, 4 PM Grades Due From Faculty

Spring Semester 2017January 20, 2017, Friday Welcome Weekend Begins

January 23, 2017, Monday, 8 AM Instruction Begins

January 30, 2017, Monday, 5 PM Add Period Ends

February 10, 2017, Friday, 5 PM Late Add Period Ends

February 20, 2017, Monday, 5 PM Full Semester Course Drop Period Ends(2)

Exhibit D - Page 1 of 2

http://www.brockport.edu/calendar/1617.html#2







Spring Semester 2017

March 11, 2017, Saturday, 5 PM Spring Recess Begins (1) Mid-Term (3rd Quarter Ends)

March 13, 2017, Monday, 4 PM Student Progress Evaluations Due in Registrar’s Office

March 20, 2017, Monday, 8 AM Instruction Resumes

March 31, 2017, Wednesday, 9 AM – 5 PM

Deadline to Withdraw without Department Chair Permission

April 12, 2017, Wednesday, 8 AM – 5 PM Scholars Day (1) Classes not in session to allow students to attend sessions.

April 12, 2017, Wednesday, 5 PM Classes in Session

April 21, 2017, Friday, 3 PM Honors & Awards Ceremony

April 28, 2017, Friday 5 PM Withdraw Period Ends

May 6, 2017, Saturday, 5 PM Regular Course Schedule Ends (3) (4th Quarter Ends)

May 8, 2017, Monday, 8 AM Final Exam Period Begins

May 13, 2017, Saturday, 5 PM Final Exam Period Ends (Semester Ends)

May 13, 2017, Saturday Commencement

May 19, 2017, Friday, 4 PM Grades Due From Faculty

M.W.F. Classes (from 8:00 AM to 3:20 PM) are 50 minutes in length with 15 minutes between classes.

T.R. Classes (from 8:00 AM to 4:30 PM) are 75 minutes in length with 15 minutes between classes.

(1) Classes Suspended

(2) See the Schedule of Classes for Refund Schedule and Quarter Course Drop Schedule

(3) According to the College Policy, no examinations may be given during the last week of classes

Under section 224-A of the Education Law of the State of New York, absence from class for religious beliefs is excused, and the opportunity to make up work is provided.

Exhibit D - Page 2 of 2





EXHIBIT E

ACCOUNTING PROCEDURES

1. Proposer shall provide BASC with a weekly statement of BASC Account Activity to each account and a Consolidated Weekly statement of activity to Dining Services. Statements can be submitted to BASC electronically or by paper copy.

2. BASC requires that orders be placed electronically. Electronic notification of all orders must be sent to ordering contact within twenty-four (24) hours of order placement.

3. Proposers will be obligated to provide supply market advisories to the Dining Service Assistant Director. These advisories are to be sent weekly or as conditions require.

4. Surcharges for delivery or fuel shall not be added to any invoice, unless those surcharges were specified in the Summary of Financial Proposal (FORM 3).

5. BASC will require Proposer’s assistance with building any new product lists in the current accounting software system.

6. BASC is open to and encourages Proposers to include a proposal for incentive or pre- or early payments.

Exhibit E - Page 1 of 2


Exhibit E - Page 2 of 2


EXHIBIT F

DELIVERY PROCEDURES

Delivery Points. BASC has ten serving units on campus with six points of delivery. Each serving unit should be invoiced as a separate account. Our serving units and delivery points are ranked in priority and delivery sequence as follows:

DELIVERY POINTS SERVING UNITS/ACCOUNTS

1. Chapman Service Center Commissary Bakery

2. Brockway Hall Brockway

3. Seymour College Union The SquareJitterbugs

4. Harrison Hall HarrisonTraxEagle’s Nest

5. Cooper Hall Catering

6. Tuttle North Kinetic CaféAerie Café

Delivery Frequency.

o Delivery frequency will be three (3) times per week, on

o delivery days will be: Monday, Wednesday, and Friday,

o with occasional non-scheduled deliveries as needed.

Notification Requirements.

o BASC requires notification if delivery will be more than two (2) hours outside of delivery window.

o Stock clerk or management on duty at each Delivery Point must be notified upon arrival (deliveries cannot be validated by staff who do not have the titles of stock clerk or management).

o Contractor and drivers must immediately notify BASC of any accidents or vehicle malfunctions that occur either on or off campus. Additionally, any expenses incurred as a result will become the full responsibility of the Contractor.

Delivery Requirements. The following is a list of requirements for delivery to The College at Brockport dining outlets. This list is not intended to be all-inclusive, but more a general set of items that must be followed:

o All units must be delivered between 6AM and 3PM.

Exhibit F - Page 1 of 2


Delivery Procedures (continued)

o Delivery vehicles cannot be left running during unit deliveries, except where refrigeration must be maintained and proper safety and security precautions have been taken.

o All deliveries must be transported to storage rooms or walk-in units by Contractor. Deliveries will be checked by BASC management or stock clerk personnel.

o BASC reserves the right to inspect at any time the interior cleanliness of Contractor’s storage trailer or delivery truck.

o BASC requires Contractor to provide all drivers with appropriate personal safety and delivery equipment.

o BASC requires two (2) copies of shipping/invoice documents to be provided at time of delivery.

o All shipping manifest/invoices require two (2) signatures (Driver and management or stock clerk personnel). Deliveries are not valid without both signatures.

o Initials of both driver and manager/stock clerk must be placed by each item adjustment on all shipping manifests/invoices, as applicable (i.e. substituted items, quantities, prices, etc.).

Exhibit F - Page 2 of 2


EXHIBIT G

SUPPORT AND VALUE-ADDED CONSIDERATION

The selected Proposal must include provision for the following:

Marketing, merchandising and promotionsThe Proposal chosen must contain an annual payment, to be made June 1 of each year, for marketing and promotion purposes.

Product Review and Alternative CuttingThe Proposal must include deals comparable to those offered by volume group purchasing organizations on the items described in the enclosed Top 100 Items. A report detailing these deals shall be provided on a regular basis, at least twice per year.

Alternative product suggestions on our top 100 items through “cost effective product selection” should be provided, and at least two (2) annual cuttings will be conducted to evaluate the alternative items identified that can provide cost savings.

Purchase Volume Performance IncentivesThe Proposal will describe a program through which BASC will earn a rebate* on sales, to be paid out on an annual basis. The incentive will be based on three increasing levels of annual sales which will earn an increasing percentage discount.

This discount will be calculated on June 30th of each year. Any payment due will be made on a timely basis.

Food Show SupportThe Proposal will describe any services over and above procurement activities typically provided. These should include regional and national marketing, product marketing and on-site event displays and demonstrations.

Exhibit G - Page 1 of 2


Exhibit G - Page 2 of 2


FORM 1

PROPOSER QUESTIONNAIRE

IDENTIFICATION OF PROPOSER1. Full Name of Proposer (exactly as it appears in organizing document) 2. Identification Numbers

a. Federal EIN #

b. DUNS #

c. NYS Vendor ID #

3. D/B/As and other names used by Proposer 4. Website Address

5. Address of primary place of business

6. Principal NYS address (if other than #5)

7. Primary Contact Phone Fax

Title Email

STRUCTURE OF PROPOSER

8. Check appropriate organization structure ⃞ Corporation*

⃞ Limited Liability Company (LLC)* ⃞General Partnership

⃞ Limited Liability Partnership ⃞ Sole Proprietorship

⃞ Other (describe)

9. Date of Incorporation/Formation

10. State of Incorporation/Formation*

* If Proposer is a corporation or LLC not incorporated/formed in NYS, provide a copy of authorization to do business in NYS.

11. List all principal owners, officers, directors and key employees (attach additional pages if necessary):

Name Title Mailing Address

12. Primary business activity

13. Number of years’ experience in work of type covered by this RFP

14. Do you pay prevailing wages? ⃞ Yes ⃞ No

Form 1 - Page 1 of 6




PROPOSER’S ACTIVITIES15. Has Proposer ever been refused the award of a contract on which it was the low bidder in competitive bidding? ⃞ Yes ⃞ No

16. Has Proposer ever sued or been sued regarding payment or performance obligations in a contract? ⃞ Yes ⃞ No

17. Has Proposer ever had a contract suspended or terminated for cause prior to the completion of its term? ⃞ Yes ⃞ No

18. Are there any liens filed against Proposer? ⃞ Yes ⃞ No

19. Are any actions or proceedings pending in New York State or in any other jurisdiction against Proposer, or any of its

directors, officers, managers, partners, or other principals?

⃞ Yes ⃞ No

20. Within the past 5 years, has Proposer, any officer, director, manager, partner, other principal, or owner of a more than ten percent (10%) interest in Proposer:

a. been in arrears or default to Corporation, College, SUNY, any local, state or federal authority, or any entity affiliated

with any of them, with respect to a debt, contract, or taxes

b. been declared not responsible or disqualified by Corporation, College, SUNY or with respect to any local, state, or federal government contract

c. been indicted, convicted, received a judgment against them or a grant of immunity for any business-related conduct constituting a crime under local, state or federal law, including but not limited to fraud, extortion, price-fixing, bid collusion or any crime related to truthfulness and/or business conduct

⃞ Yes ⃞ No

⃞ Yes ⃞ No

⃞ Yes ⃞ No

21. Within the past 5 years, has Proposer, any officer, director, manager, partner, other principal, or owner of a more

than ten percent (10%) interest in Proposer been issued a citation, notice, or violation order, for violations of:

a. federal, state or local health laws, rules or regulations, including but not limited to OSHA, New York State

labor law, and the New York State Health Code

b. federal, state or local environmental lawsc. unemployment insurance or workers’ compensation coverage or claim requirementsd. Employee Retirement Income Security Act (ERISA)e. federal, state or local human rights laws

f. civil r ights lawsg. federal Immigration and Naturalization Services (INS) and Alienage lawsh. federal or state security laws

i. charity or consumer laws

⃞ Yes ⃞ No

Yes⃞ No⃞ Yes⃞ No⃞ Yes⃞ No⃞ Yes⃞ No⃞ Yes⃞ No⃞ Yes⃞ No⃞ Yes⃞ No⃞ Yes⃞ No⃞

If you answered “Yes” to any of the above questions, list the question number below and provide a detailed explanation. Attach additional sheets if needed.

Question Number Explanation



DEVIATIONS FROM RFP22. Does your Proposal contain any deviations from the terms and conditions set forth in the RFP, including the form Contract? If “Yes”, list the Section and Subsection number below and describe the deviation or cross reference an explanation in your Proposal. Attach additional sheets if needed.

⃞ Yes ⃞ No

Section & Subsection # Deviation

PROPOSER’S REPRESENTATIONS AND WARRANTIESProposer represents and warrants as follows (check the boxes):

Proposer has carefully examined all parts of this RFP and any Addenda, and understands them.

Proposer will execute a contract in the form of the model Contract that is part of this RFP (subject to any amendments agreed in writing), if its Proposal is accepted by Corporation, and will faithfully perform all the terms and conditions of the Contract.Proposer will fully comply with any and all laws, orders, or regulations of any federal, state or local authority or agency insofar as any of the same affect the execution and performance of the Contract and will notify Corporation promptly in writing of any such law that may be promulgated at any time during the course of performance of the Contract which may affect the Contract.Proposer will comply with all applicable Equal Employment Opportunity and Affirmative Action programs and will ensure that all subcontracts entered into for the purposes of the Contract will contain provisions binding the subcontractor to compliance with these programs.

This Proposal has been developed independently, without the involvement of any other vendor responding to this RFP or any Corporation or SUNY officer or employee, and it is in all respects fair, and has been made without collusion or fraud.No public, Corporation, or SUNY officer or employee, or person whose salary is payable in whole or in part, directly or indirectly, from the New York State Treasury, is directly or indirectly interested in this Proposal or the Contract, the services to which it relates, or in any portion of the profits of the Contract.This Proposal and the representations contained in it, and the execution and submission of Proposal, have each been duly and validly authorized by all necessary action of Proposer’s governing body.

INDIVIDUAL COMPLETING THIS QUESTIONNAIREPrinted Name Title

Signature Date





CERTIFICATION OF PROPOSAL

STATE OF

COUNTY OF

CERTIFICATION:

I hereby certify, under penalty of perjury, that:

* I am knowledgeable about the submitting company’s (“Proposer”) business and operations;

* I have read and understand all of the information submitted in the Proposal, including the Proposer Questionnaire and any attached pages, and find it to be true, accurate and complete;

* I understand that the Corporation will rely on the information in the Proposal when determining whether or not to award the Contract to the Proposer;

* I understand that I have a duty to notify the Corporation of any material change to the responses given in the Proposer Questionnaire; and

* The submission of the Proposal and my execution of it have each been duly and validly authorized by all necessary action of the Proposer’s governing body.

PROPOSER:

Full Legal Name

BY:

Printed Name Title

Signature Date

Sworn to before me this _________ day of __________________, 20__

______________________________________ STAMPNotary Public


) SS:




FORM 2 – ITEM | STOCK UNIT | PRICE SHEET – TOP 100 ITEMS

Rank Item Pack Cases Price Ext Brand Mfg# Vendor Category7 Shortening Fry Canola Clr

Ztf1/35 LB 418 SYS CLS 90101-COM Ventura Foods Llc Canned And

Dry17 Sauce Spaghetti

W/Tomato Bit6/#10 676 ANG MIA 2700042201 Conagra Grocery Canned And

Dry45 Dressing Ranch Btrmlk 4/1 GAL 220 KENS KE0889 Kens Foods Canned And

Dry50 Flour Hi-Gluten Bl En Mt Br 1/50 LB 517 AREZZIO 52121000 General Mills Canned And

Dry53 Ketchup Bib 1/3GAL 487 HSE REC HOUYA3G Red Gold Canned And

Dry55 Oil Olive Pure Italy 3/1 GAL 102 AREZZIO 13029 Oleificio Salvadori

BrunoCanned And Dry

68 Tuna Light Skipjack Pouch Pack

6/43 OZ 113 INTLCLS 3494226 Camerican Intl Canned And Dry

77 Sauce Pizza Prpd 6/#10 290 DON PEP 61801005 B&G Foods Inc Canned And Dry

78 Sauce Bbq Cannonball 4/1 GAL 144 KENS KE0784 Kens Foods Canned And Dry

82 Cereal Cinn Tst Crun Bulkpak

4/45 OZ 152 GM 11813000 General Mills Canned And Dry

86 Cereal Lucky Charms Bulkpak


88 Shortening Fry Oil Clr Ztf 1/35 LB 142 WHLHARV 1241 Whole Harvest Foods Llc

Canned And Dry

92 Cereal Reese Puffs Bulkpak


98 Dressing Bleu Chs Dlx 4/1 GAL 104 KENS KE0813 Kens Foods Canned And Dry

Canned And Dry Count

14

46 Sanitizer Oasis 146 Multi Quat

1/2.5GAL 136 ECOLAB 17708 Ecolab Chemical/Jantrl

74 Detergent Pot/Pan Liquid Scout

2/2GAL 68 ECOLAB 10906 Ecolab Chemical/Jantrl

Chemical/Jantrl Count

2

2 Cheese Mozzarella Prt Skm Dice

4/5 LB 867 B-ISOLA 2373629 Empire Cheese Company

Dairy Products

6 Egg Whl Liq Frsh W/Citric 1/20 LB 1537 WHLFCLS 4865-06009-00

Michael Foods Dairy Products



Rank Item Pack Cases Price Ext Brand Mfg# Vendor Category18 Cheese Amer Yel 160 Sli 4/5 LB 319 SCHRBER 18405 Schreiber Foods Dairy

Products19 Cheese Mont Jack Chdr

Fcy Shrd4/5 LB 302 GR LAKE 99808 Empire Cheese

CompanyDairy Products

22 Egg Shell Large White Usda Aa

1/30 DZ 319 WHLFCLS 32L2SW Eggs America Inc Dairy Products

44 Egg White Super Whip 6/5LB 232 WHLFCLS 4865-56812-00

Michael Foods Dairy Products

47 Cheese Cheddar Jack Fthr Shred

4/5LB 182 CASASOL SYS2822383 Great Lakes Cheese Co

Dairy Products

48 Cheese Prov Smk Sli .75 Oz

6/1.5 LB 319 GR LAKE 99813 Empire Cheese Company

Dairy Products

52 Cheese Amer 160 Sli Yel 4/5 LB 171 BBRLCLS 28128 Schreiber Foods Dairy Products

56 Margarine Liq 2/17.5LB 258 WHLFCLS 99961WFS Ventura Foods Llc Dairy Products

62 Cheese Swiss Sli .5 Oz 8/20 OZ 198 GR LAKE 757-11050 Empire Cheese Company

Dairy Products

66 Cheese Cheddr Jack Fancy Shred

4/5LB 133 CASASOL SYS2822379 Great Lakes Cheese Co

Dairy Products

70 Cheese Cream Orig Spread Cup

100/1 OZ 303 PHILA 2100061119 Kraft Foods Dairy Products

85 Butter Solid Usda Aa Salted

36/1 LB 62 WHLFARM 4182006 Ampi Dairy Products

97 Cheese Mozzarella Pizza Blend

4/5LB 105 AREZIMP 473200 Sorrento Lactalis Dairy Products

Dairy Products Count

15

24 Coffee Grnd Level 3 32/6 OZ 247 SBESTCF 11008562 Starbucks Coffee Co Dispenser Bevrg

27 Juice Apple 100% 5+1 3/3.5 LT 182 ANTHM 670103351 Dispenser Beverages Dispenser Bevrg

29 Juice Acai Blbry Pom 7+1 Caddy

3/3.5 LT 199 REVOLET 37W3103352 Dispenser Beverages Dispenser Bevrg

36 Tea Iced Pom Green 7+1 3/3.5 LT 103 ANTHM 342503351 Dispenser Beverages Dispenser Bevrg

59 Coffee Cappuc Frnch Van Inst

6/2 LB 177 GFIC 430008884600

Kraft Foods Dispenser Bevrg

63 Juice Conc Dragon Fruit 7+1

3/3.5LT 124 REVOLET 37W0303351 Dispenser Beverages Dispenser Bevrg

64 Juice Cranberry 20% 4+1 3/3.5 LT 113 ANTHM 670203351 Dispenser Beverages Dispenser Bevrg

71 Juice Passn Org Guava 11% 3x1

3/3.5L 91 ANTHEM 676003351 Dispenser Beverages Dispenser Bevrg



Rank Item Pack Cases Price Ext Brand Mfg# Vendor Category75 Juice Grape 30% 5x1 3/3.5L 59 ANTHEM 670403351 Dispenser Beverages Dispenser

Bevrg 95 Coffee Grnd Pikes Place 32/5 OZ 33 STRBUCK 11010721 Starbucks Coffee Co Dispenser

Bevrg Dispenser Bevrg Count

10

21 Potato Fry Thin Reg Flvrlst 6/5LB 561 MCCAIN MCF03791 Mccain Foods Usa Inc Frozen23 Sauce Alfredo Pouch Gf

Pack4/96 OZ 178 STOUFER 13800304701 Nestle Usa Frozen Frozen

30 Potato Fry Skon Coil 1/4 Spcy

6/4LB 390 SYS IMP 1000000710 Mccain Foods Usa Inc Frozen

33 Pizza Log Original 72/2 OZ 326 FNGRFDS 112 Finger Foods Frozen40 Dough Cookie Chocolate

Chip240/1.33OZ 282 OTSPKMY 58800 Aryzta Llc Frozen

57 Potato Hash Brn Triang 2oz

6/5LB 319 ORE IDA Mccain Foods Usa Inc Frozen

58 Ravioli Cheese Jmbo Rnd Prckd

3/3 LB 266 AREZZIO 6964 Carlas Pasta Inc Frozen

69 Pizza Shell Full Sheet 10/43 OZ 195 DEIORIO 2221 Delorio Foods Inc Frozen72 Soup Chicken Ndle 2/8 LB 218 KTLCUSN 700039 Kettle Cuisine Inc Frozen73 Cheese Stick Mozz Btr 6/2 LB 193 SCILY A326SIC Lake Erie Frozen

Foods CoFrozen

76 Tortilla Wrap Psto Heb Garl12"

6/12 CT 320 FTHRSAM 1FS01305 Father Sams Bakery Frozen

83 Roll Submarine 12" White 6/6 CT 315 COSTNZO 5505 Costanzos Bakery Frozen90 Potato Fry Str 3/8" Xl 6/5 LB 273 MCCAIN MCX40 Mccain Foods Usa Inc Frozen94 Bagel Plain Sli 75/5OZ 250 ORIGBGL 79101 Original Bagel Co The Frozen96 Macaroni & Chs 4/4LB 135 KTLCUSN 700050 Kettle Cuisine Inc Frozen

101 Toast French Stick 180/.88 OZ 307 AUNTJEM 43585 Pinnacle Foods Group Llc

Frozen

Frozen Count 164 Beef Ground Pty 75/25

Seas120/2.67OZ 488 ENTG 7700315 Cargill Meat Solutions

EmmpakMeats

5 Beef Grnd Bulk 81/19 Chub Frs

8/5#AV 361 FIRECLS 66420 d Meats

9 Beef Patty Grd 80/20 Hs 100/3.2 OZ 418 FIRECLS 770353 Cargill Meat Solutions Emmpak

Meats

13 Bacon Precooked Sandwich Slice

2/150 CT 697 RNCHGRL 709 Sugardale Food Service

Meats

14 Beef Flank Steak Ch 3pk 6ea

3/11#AVG 98 BCH BLK D5157AWA Tyson Fresh Meats Meats



Rank Item Pack Cases Price Ext Brand Mfg# Vendor Category15 Meatball Italian Prck 1 Oz 1/10 LB 517 FONTANI CM0066 Capitol Wholesale

Meats IncMeats

31 Beef Patty Grd 75/25 Sea Hs

100/3.2 OZ 172 FIRECLS 412808101120

Cargill Meat Solutions Emmpak

Meats

34 Beef Eye Of Rnd 171 1/76#AVG 36 PACKER Tyson Fresh Meats Meats 38 Beef Roast Tp Rnd Mr Whl

Df2/9-14# 90 BBRL 20756 National Deli Llc Meats

43 Bacon Layflat C/C 18/22 Smk Gf

2/10 LB 153 SYS CLS 3470 Sugardale Food Service

Meats

49 Beef Sirloin Tip 1x1 Frzn 2/5 LB 176 LNGHRN A&G Meats Meats 51 Ham Rnd Bnls W/A

Country Inn2/12#AVG 140 SUGARDL '00933 Sugardale Food

ServiceMeats

60 Beef Steak Philly Sir Bulk 2/5 LB 139 SYS CLS 3999547 Advancepierre Foods Meats 81 Frank All-Beef 8x1 6 In 1/10 LB 216 FARMLND 70247810967 Smithfield Farmland

Sales CorpMeats

84 Steak Sirl Strip Cut Us Sel 20/8 OZ 61 LNGHRN A&G Meats Meats 93 Pork Bbq Smkd Pulled

Premium2/5 LB 117 AUSTBLU 13426 Hormel Foods Corp Meats

99 Beef Ribeye Lipon Ch 112a

5/HEAVY 7 PACKER Tyson Fresh Meats Meats

Meats Count 1742 Towel Quix Grn 13.5x16.75 6/24 CT 224 CHIX 8295 Chicopee Paper & Disp

Paper & Disp Count 11 Chicken Cvp Brst B/S 3oz 4/5 LB 2393 SYS CLS 54417 Pilgrims Pride Pfs Dist

CntrPoultry

3 Chicken Tndr Hmstyl Brd Raw

1/10 LB 1405 TYSON 007441-0928 Tyson Foods Poultry Poultry

8 Chicken Cvp Brst Rdm 10oz &Up

4/10 LB 1337 SYS CLS 23130 Mountaire Farms Inc Poultry

10 Turkey Brst Skls O/R 2/8-10# 508 JENNIEO 8540-02 Jennie O Turkey Store Poultry 11 Chicken Brst Tndr Brd Raw

#21/10 LB 1523 KOCH 35132 Koch Foods Of

MississippiPoultry

16 Chicken Brst Fil Hmstyl 4z 2/5LB 454 SYS CLS 24951-895 Tyson Foods Poultry Poultry 20 Chicken Cvp Wing 1&2 Jt

Jmbo4/10 LB 165 SYS CLS 23151 Mountaire Farms Inc Poultry

25 Chicken Cvp Brst Rdm 10oz &Up

4/10 LB 149 SYS CLS 23130 Case Farms Poultry

28 Chicken Thigh Meat Tempura

1/20 LB 201 TYSON 009373-0928 Tyson Foods Poultry Poultry

32 Chicken Cvp 9pc Cut Fresh Trim

16/2.75# 159 SYS CLS 54408 Pilgrims Pride Pfs Dist Cntr

Poultry



Rank Item Pack Cases Price Ext Brand Mfg# Vendor Category35 Turkey Sli Oil Brwn .7 Oz 6/2 LB 232 JENNIEO 8868 Jennie O Turkey Store Poultry 39 Turkey Brst Skin On Ckd 2/9-10# 152 GOLDLEG 46800 Michigan Turkey

ProducersPoultry

41 Chicken Popcorn Frtr Buffalo

2/5 LB 319 SYS CLS 008353-0895 Tyson Foods Poultry Poultry

54 Chicken Brst Cvp Bnls 3oz 1/40 LB 100 PACKER Koch Foods Of Mississippi

Poultry

65 Chicken Cvp Brst B/S 4 Oz 4/5 LB 122 SYS CLS 54418 Pilgrims Pride Pfs Dist Cntr

Poultry

79 Chicken Cvp Wing 1&2 Jt Jmbo

4/10 LB 76 SYS CLS 23151 Case Farms Poultry

80 Chicken Wing Bnls Brd Raw

2/5 LB 222 SYS CLS 734730249582

Koch Foods Of Mississippi

Poultry

87 Chicken Cvp 8pc Cut Fresh Trim

16/2.75# 85 SYS CLS 3676 Georges Farms Inc Poultry

100 Chicken Brst Nug Tempura Value

2/5 LB 255 TYSONRL 038387-0928 Tyson Foods Poultry Poultry

Poultry Count 1967 Potato Diced Pld 5/8" Frsh 2/10 LB 521 SYS NAT 4865-69325-

00Northern Star Produce

Produce Count 112 Haddock Filet S/On Iqf 4-6

Oz1/10 LB 358 ICELNDC 21005527 Highliner Foods Seafood

26 Shrimp Brd Par-Cut 21/25 C/T

4/2.5 LB 221 OCNCAFE 22333 Tampa Bay Fisheries Seafood

61 Shrimp Wht P&D Tlof 31/40

4/2.5 LB 102 PORTBTY 7952468 Arista Industries Inc Seafood

89 Cod Loin Pac Skls 2x 4 Oz Iqf

1/10 LB 121 ICYBAY 8467 Slade Gorton&Co Inc Seafood

91 Salmon Atl Fil Skon 3-4# Frsh

1/10#AV 67 PACKER Jd & Sons Seafood

Seafood Count 5Grand Count 100



FORM 3 –FINANCIAL PROPOSAL

Name of Proposer

PROPOSER: Prepare and include in this section a financial summary, addressing the following points:

I. Product Categories

The estimated annual (July to June) total purchase is 2.3 million dollars for food and foodservice related supplies potentially covered by this agreement. The estimated amount is provided only as a guideline and not a guarantee of the purchases. BASC cannot and will not guarantee any purchase volume under any contract resulting from this RFP. The food and food service related supplies would be purchased in approximately the following percentages.

2013-2014 2014-2015 CategoryPercentages 14-15

$2,258,000 $ 2,390,000 Total 100%

$ 479,000 $ 483,000 Canned And Dry 20%

$ 48,000 $ 51,000 Janitorial Supplies & Cleaning Chemicals 2%

$ 263,500 $ 274,500 Dairy Products 11%

$ 102,000 $ 129,000 Dispenser Beverages 5%

$ 416,000 $ 442,000 Frozen Fruits, Vegetables, Bakery items, Etc. 18%

$ 355,500 $ 394,000 Meat - Fresh & Frozen 16%

$ 14,000 $ 17,500 Paper & Disposable 1%

$ 404,000 $ 445,000 Poultry - CVP & Frozen 19%

$ 22,000 $ 24,000 Produce 1%

$ 91,000 $ 106,500 Seafood - Fresh & Frozen 4%

$ 63,000 $ 23,500 Supplies & Equipment 1%



II. Mark Ups

Proposal pricing should be expressed as follows:

Drop ShipmentsDirect Purchases Cost plus percentage / bid

Groceries and Frozen Cost plus percentage

Produce Cost plus percentage / and or cents per case

Eggs Cents under the Urner Barry weekly quote

Paper and Janitorial Cost plus percentage

ECOLAB products *Please address this separately*

Small wares Cost plus percentage / bid

Fresh meats, Frozen meats & commodity type items such as Dairy (butter, cheese, margarine and eggs)

Cents per pound

III. Price ChangesPrices for groceries and frozen products should be locked for one month. Prices on items that change should be received no later than the first of the month in which they take effect.

IV. Additional Costs & Surcharges.

Include any additional or anticipated costs or surcharges, specifying the conditions where these charges would apply.

V. Payment Terms.

Include any differences in trade credit terms with regard to discounts for shorter payment times.

Note any differences or discounts that may apply for ACH (electronic) payments.



FORM 4 – CONTRACT TEMPLATE[This template contract covers all services covered by the RFP. If you are awarded a contract for fewer than all of the services, the Corporation will modify the template accordingly.]

CONTRACTTHIS CONTRACT (the “Contract”), dated as of__________ ___, 2015, is by and between

Brockport Auxiliary Service Corporation (the “Corporation” or “BASC”), a New York not-for-profit corporation with offices located at 350 New Campus Drive, Brockport, New York 14420 and organized for the purpose of providing certain services to and for the benefit of The College at Brockport (the “College”) of The State University of New York (“SUNY”), and _______________________________, a __________corporation with a principal place of business located at _______________ (the “Contractor”).

WITNESSETH:WHEREAS, Corporation issued a Request for Proposals (“RFP”) for Food Service Products

Supply services on the College campus and related activities, as further described in Section 3 of this Contract;

WHEREAS, Contractor submitted a Proposal in response to the RFP and Corporation selected Contractor’s Proposal; and

WHEREAS, the parties desire to enter into an agreement with respect to the delivery of Food Service Products as proposed in Contractor’s RFP.

NOW THEREFORE, this Contract is entered into upon the following terms and conditions:

SECTION 1 – DEFINITIONSWhen used in this Contract, the following words have the meanings set forth in this Section:

1.1. “Food Service Products” means all products listed in Section 3.2 of this Contract.

1.2. “Food Service Locations” means those Food Service locations listed on Exhibit B.

1.3. “Food Service Provider” means any food service provider/National Brand other than BASC which may serve at Food Service Locations during the term.

1.4. “Law” means any law, statute, rule, regulation, ordinance, code, order or other pronouncement (including common law).

1.5. “Person” means any individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, proprietorship, business organization, trust, association or other entity.

1.6. “Proposal” means information, documents and samples provided by Contractor to BASC pursuant to the RFP.

1.7. “Services” means as defined in Section 3 of this Contract.

1.8. “State” means the State of New York.

1.9. “Equipment” means the equipment owned by the Contractor and provided to support the distribution of Food Service Products



SECTION 2 – TERM

2.1 The term of this Contract shall be five (5) years, beginning on [date] (the “Commencement Date”) and ending on [date], unless otherwise terminated or extended pursuant to any of its express provisions or other written agreement of the parties.

2.2 Corporation has two (2) successive one (1) -year renewal options. . Corporation may exercise each option in its sole discretion. If Corporation elects NOT to renew this Contract, it will send written notice to Contractor not less than 60 Days prior to the expiration date of this Contract or such renewal year. Each renewal will be on the same terms and conditions as stated in this Contract unless the parties enter into a written agreement specifically stating otherwise

2.3 At Corporation’s written request, Contractor shall continue to provide supply services for an agreed-upon period beyond the termination of this Contract or any renewal term thereof on the same terms and conditions as stated in this Contract.

SECTION 3 – SCOPE OF SERVICES – GENERAL

3.1 Scope of Services. Contractor shall provide to BASC the following services (the “Services”):

3.1.1 BASC appoints The Contractor to serve as the prime vendor to BASC locations of food service within the product categories described in Form 2 (“Products”). BASC must remain within established credit terms.

3.1.2 As “prime vendor”, The Contractor will be entitled to the higher of 80% of BASC’s purchase requirements (not including retail, fresh produce, paper, and dairy items).

3.1.3 The Corporation will reserve the right to contract with one or more Food Service Providers/National Brand for food and beverage services in its Food Service Locations. This contact will not cause a Food Service Provider/ National Brand to purchase beverage products from the Contractor.

3.1.4 The Corporation will reserve the right to utilize secondary suppliers if it is determined by the Corporation that doing so would be in the Corporation's best interest. The Corporation will also reserve the right to negotiate by line item, prior to any award, and to place orders in any manner deemed by the Corporation to be in its best interest.

3.2 Products Covered by this Agreement.Products covered by this Agreement will be in the following categories:

1. Canned & Dry 7. Seafood - Fresh & Frozen

2. Frozen: Fruits, Vegetables, Bakery, etc. 8. Paper and Disposable

3. Dairy 9. Janitorial Supplies & Cleaning Chemicals

4. Meat - Fresh & Frozen 10. Supplies & Equipment

5. Produce 11. Dispenser Beverages

6. Poultry - CVP & Frozen



3.3 Schedule. Contractor must provide deliveries to Corporation on a year-round basis on such days and times as are set forth in the Schedule of Operations specified in Exhibit C, the Delivery Procedures specified in Exhibit F, and incorporated herein by this reference, or as otherwise required by Corporation from time to time.

3.4 Location. Deliveries by Contractor are to be provided at the locations and according to the procedures specified in Exhibit F, and incorporated herein by this reference (“Delivery Procedures”).

3.5 Program Review. Contractor shall reserve the right to request an increase in the pricing specified in the Proposal only after ninety (90) days from the effective date of this Agreement. Such a request will be made only in the case where the Corporation’s performance history varies materially from the levels contemplated in the Corporation’s representations made to the Contractor in negotiating this Agreement. If the parties are unable to agree on such an increase and the Corporation’s performance history and / or contract compliance continue to vary from that contemplated or required by this Agreement, Contractor may terminate this Agreement upon thirty (30) days written notice to the Corporation.

3.6 Sales Incentive. The Proposal will describe a program through which BASC will earn a rebate* on sales, to be paid out on an annual basis. The incentive will be based on three increasing levels of annual sales which will earn an increasing percentage discount. This discount will be calculated on June 30th of each year. Any payment due will be made on a timely basis.

3.7 Price Verification. BASC will be allowed a minimum of one and a maximum of two annual price verification(s) for purchases made under this Agreement. Contractor will furnish computer verification of Sell Prices for the Products to be price verified, subject to the following limitations:3.7.1 Date, time and place of price verification must be mutually agreed;3.7.2 Fifteen (15) working days’ notice to Contractor;3.7.3 Items to be price verified should not exceed twenty (20) line items, and will be taken

from the price list or purchasing order guide.

3.8 Contractor Property. If any additional Equipment or Property are required to provide the services, Contractor must provide and install, at no cost to Corporation, all trade fixtures, machinery, equipment, furniture or other personal property not provided by Corporation or the College, and necessary to supply Food Service Products (the “Contractor Property”). Contractor Property will not become the property of Corporation or the College and may be removed, at any time and from time to time during the term of this Contract and any renewals. An initial inventory of Contractor Property is attached as Appendix II. Contractor must update this inventory at least annually. All new equipment purchased by Contractor for use in supply of Food Service Products, will be energy efficiency rated.

3.9 Installation.

3.9.1 Contractor property installations will be comprised of only new equipment.

3.9.2 Contractor must coordinate the installation of its equipment with the removal of Equipment by the outgoing contractor to ensure a minimum period of time without service.

3.9.3 Corporation reserves the right to inspect and approve all Equipment prior to installation at the College.

3.9.4 Unless otherwise agreed by the parties, Contractor must deliver and install the



Equipment within 30 Days following the effective date of this Contract.

3.9.5 At the reasonable request of Corporation or College and at no expenses to either of them, Contractor must move Equipment within 48 hours of such request.

3.10 Service.

3.10.1 Contractor must, at its own expense, ensure that the Equipment are maintained in good working order and that repairs are promptly made.

3.10.2 Contractor must establish and abide by a preventative maintenance program for all Equipment.

3.10.3 Contractor must maintain a 24-hour service hot-line, including weekends and holidays, for Corporation and College staff use.

3.10.4 Contractor must ensure that service personnel arrive to service Equipment within four hours of placement of a service call. Contractor must maintain a log of all service calls received and the disposition of each. This log must be available for Corporation’s review.

3.10.5 Contractor must replace any Equipment that:

(A) cannot be returned to full service within 72 hours of the Corporation’s or College’s first service call;

(B) has frequently recurring maintenance and/or mechanical problems; (For purposes of this section "frequently recurring” means prompting six or more service calls within 30 Days.)

(C) is reaching its rated service life.

3.10.6 Any replacement Equipment must be of equal or superior quality to the Equipment originally installed.

(A) Contractor will replace any unusable product that is lost due to a failure directly related to the Equipment.

SECTION 4 – INSURANCE

4.1 Prior to the commencement of the work to be performed by the Contractor hereunder, the Contractor shall file with BASC, SUNY, and the State Certificates of Insurance (“Certificates”) evidencing compliance with all insurance requirements contained in this Contract. Such Certificates shall be of form and substance acceptable to BASC.

4.2 Acceptance and/or approval of the Certificates by BASC does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Contract.

4.3 All insurance required under this Contract shall be:(i) obtained at the sole cost and expense of the Contractor ; (ii) maintained with insurance carriers licensed to do business in the State of New York, (iii) acceptable to BASC; (iv) be primary and non-contributing to any insurance or self-insurance maintained by BASC;



and (v) endorsed to provide written notice be given to BASC at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail, shall be sent to:

Brockport Auxiliary Services CorporationAttn: Executive Director350 New Campus DriveThe College at Brockport SUNYBrockport, New York 14420

4.4 BASC, the College, SUNY, and the State, their officers, agents, and employees, shall be listed as additional insureds on the Certificates issued under Section 4.1 above (attached to each Certificate shall be a copy of the General Liability Additional Insured Endorsement on Insurance Service Office’s (ISO) form number CG 20 26 11 85) and each Certificate or underlying policy therefor shall include a severability of interest clause with respect to gross liability protecting each named insured as though a separate policy had been issued to each. The additional insured requirement does not apply to Workers Compensation or Disability.

4.5 The Contractor shall be solely responsible for the payment of all deductibles and self-insured retentions to which such policies are subject. Deductibles and self-insured retentions must be approved by BASC; provided, however, that such approval shall not be unreasonably withheld.

4.6 The Contractor shall require that any subcontractors hired by Contractor to perform the services under this Contract carry insurance with the same limits and provisions provided herein.

4.7 Each insurance carrier must be rated at least “A-” Class “VII” in the most recently published Best’s Insurance Report. If, during the term of the policy, a carrier’s rating falls below “A-” Class “VII”, the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to BASC and rated at least “A-” Class ”VII” in the most recently published Best’s Insurance Report.

4.8 The Contractor shall cause all insurance to be in full force and effect as of the Commencement Date of this Contract and to remain in full force and effect throughout the term of this Contract and as further required by this Contract. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverage during the period of time such coverage is required to be in effect.

4.9 Not less than thirty (30) days prior to the expiration date or renewal date of the Certificates evidencing insurance coverage, the Contractor shall supply BASC with updated replacement Certificates, and amendatory endorsements.

4.10 The Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies):

a. Commercial General Liability Insurance. Commercial General Liability Insurance with a limit of not less than $5,000,000 each occurrence. Such liability shall be written on the ISO occurrence form CG 00 01, or a substitute form providing equivalent coverage and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability



assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. This insurance for the additional insured shall be as broad as the coverage provided for the Contractor or other named insured servicer. It shall apply as primary insurance on a non-contributing basis before any other insurance or self-insurance, including any deductible, maintained by or provided to, the additional insured.

b. Workers Compensation, Employers Liability, and Disability Insurance. Workers Compensation, Employers Liability, and Disability Benefits as required by the State. If employees will be working on, near or over navigable waters, US Longshore and Harbor Workers Compensation Act endorsement must be included.

c. Comprehensive Business Automobile Liability Insurance. Comprehensive Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non-owned automobiles.

d. Commercial Umbrella/Excess Insurance. Umbrella/excess liability insurance with limits of not less than $4,000,000 with coverage for all additional insureds as required by this Contract. The Umbrella/Excess policy shall supply excess limits over the General Liability, Automobile Liability and Employer Liability limits referenced in this Agreement.

4.11 Waiver of Subrogation . Contractor shall cause to be included in each of its policies insuring against loss, damage or destruction by fire or other insured casualty a waiver of the insurer’s right of subrogation against BASC, the College, SUNY, and the State, and each of their officers, agents, and employees for recovery of damages under the insurance policies referenced above, or, if such waiver is unobtainable, (i) an express agreement that such policy shall not be invalidated if Contractor waives or has waived before the casualty, the right of recovery against BASC, the College, SUNY, and the State, and each of their officers, agents, and employees, or (ii) any other form of permission for the release of BASC, the College, SUNY, and the State, and each of their officers, agents, and employees.

SECTION 5 – ASSUMPTION OF RISK AND INDEMNIFICATION; WAIVER

5.1 Contractor is solely responsible for any and all injuries to persons (including death), damage to property, and loss, expense, inconvenience and delay, arising out of or in connection with the performance of Food Service Products supply operations, the Services and its obligations under this Contract, or from any act, omission or negligence of Contractor, Contractor’s directors, officers, agents or Staff.

5.2 Contractor agrees to indemnify, defend and hold harmless Corporation, the College, SUNY, the State, The Dormitory Authority of the State of New York, and each trustee, director, officer, employee, agent, successor and assign of any or all of them, from any and all actions, claims, demands, damages, fines, losses, liabilities, judgments, liens, and expenses of any kind (including, without limitation, court costs, attorneys’ fees and related disbursements), arising out of or in connection with (i) the breach by Contractor of any of its agreements, representations, warranties, covenants or obligations under this Contract, (ii) any personal injury (including death) or damage to property resulting from negligent acts or omissions of Contractor, (iii) the negligent acts, omissions, bad faith or intentional misconduct of Contractor, (iv) the actual or alleged infringement or violation of any patent, copyright, trademark, service mark, trade secret, or proprietary right, (v) bodily injury sustained by any employee of Contractor or of Contractor’s subcontractors, franchisees or agents arising out of and in the course of employment by Contractor or by Contractor’s subcontractor, franchisee or agent, (vi) the performance of the Services and Food Service Products supply operations by Contractor



and Contractor’s Staff, or (vii) any claim by the Internal Revenue Service that monies, services or other support received by Corporation pursuant to this Contract constitute taxable unrelated business income.

5.3 Contractor hereby releases BASC, the College, SUNY, the State, The Dormitory Authority of the State of New York, and each trustee, director, officer, employee, agent, successor and assign of any or all of them, from any and all liability hereunder.

5.4 The provisions of this Section 5 will survive the expiration of this Contract.

5.5 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5 AND CONTRACTOR’S OBLIGATIONS UNDER SECTION 5.2, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

SECTION 6 – CONTRACTOR’S INDEPENDENT STATUS

6.1. The status of Contractor is that of an independent entity. Nothing contained in this Contract, nor any act of the parties, will be construed as creating any partnership, joint venture, agency or association of any kind, between any of Corporation, the College or SUNY and Contractor, nor as making Corporation, the College or SUNY in any way responsible for the debts or losses of Contractor.

6.2. All personnel furnished by Contractor as required under this Contract are staff of Contractor (the “Contractor’s Staff”), and not of Corporation, the College, SUNY, or the State, nor of any affiliated entity, agency, department, board, authority or instrumentality of any of them and Contractor alone is responsible for their work, their personal conduct while performing this Contract and their direction and compensation. Nothing included in this Contract imposes any liability or duty upon Corporation, the College, SUNY, or State to Contractor’s Staff, nor makes Corporation, the College, SUNY, or State liable to any other Person or government for the acts, omissions, liabilities, debts, liens, obligations or taxes of whatever nature, including but not limited to unemployment insurance and Social Security taxes, of Contractor or Contractor’s Staff.

6.3. Contractor acknowledges that for the purposes of the Immigration Reform and Control Act of 1986 (the “Act”), Contractor is an “independent contractor” as defined in the Act and its regulations, and that Corporation is not an “employer” under the terms of the Act and its regulations with regard to the Services and the Food Service Products supply operations. As a result, the responsibility of complying with the provisions of the Act lie solely with Contractor.

6.3.1. Contractor expressly represents that it is aware of the requirements of the Act with regard to the employer’s responsibility for ensuring compliance with the Act and its regulations, and for maintaining the proper forms showing that the verification process was completed.

6.3.2. Contractor expressly represents to Corporation Contractor’s intention to abide by the provisions of the Act.

6.3.3. At Corporation or the College’s request, Contractor shall produce for inspection its records evidencing Contractor’s compliance with the Act.

6.3.4. Contractor agrees that to the extent permitted by Law, Contractor will defend, indemnify and hold harmless Corporation, the College, SUNY, and the State, and each trustee,



director, officer, employee, agent, successor and assign of any or all of them, for any penalty which may be applied to any one or all of them as the result of the hiring by Contractor of an unauthorized alien during the term of this Contract.

6.4. Contractor will permit no liens whatsoever to be placed against the property of Corporation or College and, should such liens attach, Contractor will take all steps necessary to accomplish the prompt removal of them.

SECTION 7 – SUBCONTRACTORS

7.1. Contractor will (a) not use any subcontractors to perform any Services without the Corporation’s prior written consent, (b) indemnify and hold the Corporation, the College, SUNY, and the State harmless from any payment required to be paid to any such subcontractors, (c) be liable for all acts of all Contractor’s subcontractors, and (d) will provide additional information to BASC upon the Corporation’s reasonable request relating to subcontractors providing Services.

SECTION 8 – USE OF NAME; ADVERTISING, DISPLAYS

8.1. Contractor may not use the name, or any logo, mascot, seal, trademark, trade name or other proprietary mark of Corporation, the College, SUNY or any other constituent college of SUNY, for brand or product endorsement. Any other such use is subject to Corporation’s prior written approval.

SECTION 9 – TERMINATION

9.1. Termination for Cause. Corporation may terminate this Contract, effective upon written notice to Contractor as follows:

9.1.1. If Contractor materially breaches this Contract, and (i) such breach is incapable of cure; or (ii) being capable of cure, such breach remains uncured fifteen (15) days after Corporation provides Contractor with written notice thereof.

9.1.2. If Contractor: (i) becomes insolvent or admits inability to pay its debts generally as they become due; (ii) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven (7) business days or is not dismissed or vacated within forty-five (45) days after filing; (iii) is dissolved or liquidated or takes any corporate action for such purpose; (iv) makes a general assignment for the benefit of creditors; or (v) has a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

9.1.3. Termination for cause under this Section 9.1 constitutes grounds for a finding of non-responsibility for other SUNY-affiliated contracts. Corporation’s failure to exercise any remedy accruing upon the default of Contractor will not be deemed a waiver of or acquiescence in any future default.

9.2. Termination For Convenience.

9.2.1. Corporation may terminate this Contract in its best interests upon ninety (90) Days’ prior written notice to Contractor.

9.2.2. Contractor may terminate this Contract in its best interests upon one hundred eighty (180) Days’ prior written notice to Corporation.



9.3. Removal of Equipment. Upon expiration or termination of this Contract, Contractor must remove Contractor Property from the College premises within ten Days of the date of expiration or notice of termination, as the case may be. Contractor must repair all damage caused by the installation or removal of such Contractor Property. Such Contractor Property not removed from College campus will be deemed abandoned.

9.4. The rights of termination referred to in this Contract are not intended to be exclusive and are in addition to any other rights available to either party in Law or in equity.

SECTION 10 – COMPLIANCE WITH LAW

10.1. Contractor and Contractor’s Staff must comply with all applicable federal, state and local Laws governing Food Service Products supply operations as well as all applicable Corporation, College and SUNY rules and regulations, and must timely secure, maintain and pay for all federal, state and local licenses, permits, certificates or other authorizations required for the proper and lawful conduct of Food Service Products supply operations.

10.2. Contractor is solely responsible for taxes, assessments and fees required or assessed in connection with Food Service Products supply operations, including, but not limited to, all applicable sales, use, excise and payroll taxes, and federal, state and local income taxes and must make timely applications, reports and returns required in connection therewith.

SECTION 11 – PERIOD OF LIMITATION

Contractor may not bring any action against Corporation based upon any claim arising out of this Contract unless it commences the action within six months from the date when the cause of action accrued.

SECTION 12 – SUNY RELATED ENTITY REQUIREMENTS

Contractor acknowledges that this Contract is a subcontract of services to be provided by Corporation to the College and SUNY, and as such, is subject to the Standard Contract Clauses set forth in Appendix I to this Contract. Termination by SUNY of its agreement with Corporation, in whole or in applicable part, for any reason whatsoever, will cause the simultaneous termination of this Contract without penalty of any kind.

SECTION 13 – CONTRACT DOCUMENTS

Contractor’s Proposal is attached to this Contract as Appendix II and made a part of the Contract. In the event of any inconsistency in, or conflict between, Contractor’s Proposal and any other part of this Contract, such other part of the Contract shall control.

SECTION 14 – REPRESENTATIONS AND WARRANTIES

14.1. The Contractor represents and warrants to the Corporation that:

14.1.1. it is duly organized, validly existing and in good standing as a corporation or other entity as represented herein under the laws and regulations of its jurisdiction of incorporation, organization or chartering;

14.1.2. it has the full right, power and authority to enter into this Contract, to grant the rights and licenses granted hereunder and to perform its obligations hereunder;



14.1.3. the execution of this Contract by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of the party;

14.1.4. when executed and delivered by such party, this Contract will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms;

14.1.5. it will furnish only qualified and competent personnel to perform the Services and the Food Service Products supply operations under this Contract and that all work will be done in a good and workmanlike manner in accordance with commercially reasonable industry standards for similar services and shall devote adequate resources to meet its obligations under this Contract;

14.1.6. it will be solely responsible for insuring that the Services provided under this Agreement comply with BASC’s and SUNY’s requirements and the scope of Services under this Contract;

14.1.7. the performance of Services and the deliverables, as delivered by Contractor and used in accordance with this Contract: (i) will not infringe, misappropriate or otherwise violate any intellectual property rights or other rights of any third party; and (ii) will comply with all applicable Laws.

SECTION 15 – MISCELLANEOUS

15.1. Governing Law; Choice of Forum. This Contract is governed by the laws of the State of New York, except where the Federal supremacy clause requires otherwise. All claims and actions brought under or arising from this Contract must be brought either in the state and federal courts Monroe County, New York.

15.2. Assignment. This Contract is personal to Contractor. Contractor shall not assign or otherwise transfer any of its rights, or subcontract, delegate or otherwise transfer any of its obligations or performance, under this Contract, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without BASC’s prior written consent. No delegation or other transfer will relieve Contractor of any of its obligations or performance under this Contract and any purported assignment, delegation or transfer in violation of this Section 15.2 is void. BASC may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Contract without Contractor’s consent. This Contract is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

15.3. Severability. The terms, clauses and provisions of this Contract are intended to be severable. Declaration of the invalidity, unenforceability, unconstitutionality, illegality or unconscionability of any term, clause or provision will in no way defeat the effect, enforceability or validity of any other term, clause or provision.

15.4. Interpretation. For purposes of this Contract, (a) the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Contract as a whole. Unless the context otherwise requires, references herein: (x) to Sections, Appendices and Exhibits refer to the Sections of, and Appendices and Exhibits attached to, this Contract; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This



Contract shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Appendices and Exhibits referred to herein shall be construed with, and as an integral part of, this Contract to the same extent as if they were set forth verbatim herein.

15.5. Headings and Language Interpretation. The headings used herein have been inserted for reference only and are not substantive parts of this Contract. The use of the singular or plural form includes the other form.

15.6. Waiver. No waiver by any party of any of the provisions of this Contract shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Contract, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Contract shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

15.7. Merger; Amendment. This Contract supersedes any and all other agreements, written or oral, between the parties hereto, and constitutes the entire agreement between the parties with respect to the subject matter hereof. Accordingly, this Contract may not be altered, amended, modified, or otherwise changed, except by a document in writing signed by each party.

15.8. Notices. All notices or other communications which are required or permitted pursuant to the terms of this Contract must be in writing and must be delivered personally, by overnight courier, or by fax machine or deposited in the United States mail, postage prepaid, registered or certified mail, to Contractor or Corporation, as the case may be, at their respective addresses as set forth at the beginning of this Contract, or at such other addresses as may have been specified by written notice delivered in accordance with this Section. Such notices and other communications will be deemed to have been given or made when so delivered or deposited. Nothing in this Section may be deemed to be a waiver of any requirements for service as provided by Law.

15.9. All Lawful Provisions Deemed Included. It is the intent and understanding of the parties to this Contract that every provision of Law required to be inserted in this Contract be and is inserted in it. If through mistake or otherwise, any required provision is not included, or is not included in correct form, then this Contract will, upon the application of either party, promptly be amended so as to comply strictly with the Law and without prejudice to the rights of either party.

15.10. Set-off Rights. Corporation has all of its common law, equitable and statutory rights of set-off. These rights include, but are not be limited to, Corporation’s option to withhold for the purposes of set-off any moneys due to Contractor under this Contract up to any amounts due and owing to Corporation with regard to this Contract, any other contract with Corporation, including any contract for a term commencing prior to the term of this Contract, plus any amounts due and owing to Corporation from Contractor for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto.

15.11. Counterparts. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Contract delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

[SIGNATURE PAGE FOLLOWS]





IN WITNESS WHEREOF, the parties have signed this Contract:

CONTRACTOR: CORPORATION:

By: By:

Name: Name: Dana A. Weiss

Title: Title: Executive Director

Date: Date:





APPENDIX I

Standard Contract Clauses

State University of New York February 11, 2014

1. EXECUTORY CLAUSE. In accordance withSection 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.2. PROHIBITION AGAINST ASSIGNMENT Except for the assignment of its right to receive payments subject to Article 5-A of the State Finance Law, the Contractor selected to perform the services herein are prohibited in accordance with Section 138 of the State Finance Law from assigning, transferring, conveying, subletting or otherwise disposing of its rights, title or interest in the contract without the prior written consent of SUNY and attempts to do so are null and void. Notwithstanding the foregoing, SUNY may, with the concurrence of the New York Office of State Comptroller, waive prior written consent of the assignment, transfer, conveyance, sublease or other disposition of a contract let pursuant to Article XI of the State Finance Law if the assignment, transfer, conveyance, sublease or other disposition is due to a reorganization, merger or consolidation of Contractor’s its business entity or enterprise and Contractor so certifies to SUNY. SUNY retains the right, as provided in Section 138 of the State Finance Law, to accept or reject an assignment, transfer, conveyance, sublease or other disposition of the contract, and to require that any Contractor demonstrate its responsibility to do business with SUNY.3. COMPTROLLER'S APPROVAL. (a) In accordance with Section 112 of the State Finance Law, Section 355 of New York State Education Law, and 8 NYCRR 316, Comptroller’s approval is not required for the following contracts: (i) materials; (ii) equipment and supplies, including computer equipment; (iii) motor vehicles; (iv) construction; (v) construction-related services; (vi) printing; and (vii) goods for State University health care facilities, including contracts for goods made with joint or group purchasing arrangements. (b) Comptroller’s approval is required for the following contracts: (i) contracts for services not listed in Paragraph (3)(a) above made by a State University campus or health care facility certified by the Vice Chancellor and Chief Financial Officer, if the contract value exceeds $250,000; (ii) contracts for services not listed in Paragraph (3)(a) above made by a State University campus not certified by the Vice Chancellor and Chief Financial Officer, if the contract value exceeds $50,000; (iii) contracts for services not listed in Paragraph (3)(a) above made by health care facilities not certified by the Vice Chancellor and Chief Financial Officer, if the contract value exceeds $75,000; (iv) contracts whereby the State University agrees to give something other than money, when the value or reasonably estimated value of such consideration exceeds $10,000; (v) contracts for real property transactions if the contract value exceeds $50,000; (vi) all other contracts not listed in Paragraph 3(a) above, if the contract value exceeds $50,000, e.g. SUNY acquisition of a business and New York State Finance Article 11-B contracts and (vii) amendments for any amount to contracts not listed in Paragraph (3)(a) above, when as so amended, the contract exceeds the threshold amounts stated in Paragraph (b) herein. However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract.(c) Any contract that requires Comptroller approval shall not be valid, effective or binding upon the State University until it has been approved by the Comptroller and filed in the Comptroller’s office.4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, (including gender identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status or domestic violence victim status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of



the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by SUNY of any SUNY-approved sums due and owing for work done upon the project.7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based on the submission of competitive bids, Contractor affirms, under penalty of perjury, and each person signing on behalf of Contractor, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to SUNY a non-collusive bidding certification on Contractor’s behalf.8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR 105.4).9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State 's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, its representatives, or the State Comptroller.10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as SUNY and its representatives and entities involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. SUNY shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate SUNY official, in writing, that said Records should not be disclosed; and (ii) said Records shall be sufficiently identified; and (iii) designation of said Records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, SUNY’s or the State's right to discovery in any pending or future litigation.



11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. Identification Number(s). Every invoice or New York State Claim for Payment submitted to the State University of New York by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State University of New York is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the State University of New York contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. (a) In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(1) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;(2) at SUNY’s request, Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and(3) Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

(b) Contractor will include the provisions of "1", "2" and "3", above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a Contractor or sub-contractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. SUNY shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, SUNY shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.



13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix, the terms of this Appendix shall control.14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York.17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165 (Use of Tropical Hardwoods), which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontactor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in Section 165 of the State Finance Law. Any such use must meet with the approval of the State, otherwise, the bid may not be considered responsive. Under bidder certification, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.19. MacBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992) , the Contractor hereby stipulates that Contractor and any individual or legal entity in which the Contractor holds a ten percent or greater ownership interest and any individual or legal entity that holds a ten percent or greater ownership interest in the Contractor either (a) have no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165(5) of the State Finance Law), and shall permit independent monitoring of compliance with such principles.20. OMNIBUS PROCUREMENT ACT OF 1992.It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available from:NYS Department of Economic DevelopmentDivision for Small Business30 South Pearl St., 7th FloorAlbany, NY 12245Tel: 518-292-5100Fax: 518-292-5884email: [email protected]


mailto:[email protected]


A directory of certified minority and women-owned business enterprises is available from:NYS Department of Economic DevelopmentDivision of Minority and Women’s Business Development633 Third AvenueNew York, NY 10017212-803-2414

email: [email protected]://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp

The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to SUNY;(b) The Contractor has complied with the Federal Equal Employment Opportunity Act of 1972 (P.L. 92-261), as amended;(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Search Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The contractor agrees to document these efforts and to provide said documentation to the State upon request; and(d) The Contractor acknowledges notice that SUNY may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with SUNY in these efforts.21. RECIPROCITY AND SANCTIONSPROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act of 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. Contact the NYS Department of Economic Development, Division for Small Business, 30 South Pearl Street, Albany, New York 12245, for a current list of jurisdictions subject to this provision.22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208).23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computerprogramming, engineering, environmental health and mental health services, accounting, auditing, paralegal, legal or similar services, then in accordance with Section 163(4-g) of the State Finance Law, the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to SUNY, the Department of Civil Service and the State Comptroller.24. PURCHASES OF APPAREL AND SPORTS EQUIPMENT. In accordance with State Finance Law Section 165(7), SUNY may determine that a bidder on a contract for the purchase of apparel or sports equipment is not a responsible bidder as defined in State Finance Law Section 163 based on (a) the labor standards applicable to the manufacture of the apparel or sports equipment, including employee compensation, working conditions, employee rights to form unions and the use of child labor; or (b) bidder’s failure to provide information sufficient for SUNY to determine the labor conditions applicable to the manufacture of the apparel or sports equipment.25. PROCUREMENT LOBBYING. To the extent this agreement is a “procurement contract” as defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement.


https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp


26. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the Contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or SUNY discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if SUNY determines that such action is in the best interests of the State.

27. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State.

During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.

The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.


http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

Documents

Request For Proposals: Prime Supply - Food Service …basc1.org/.../Request_For_Proposals_FINAL.docx · Web viewRequest For Proposals: Prime Supply - Food Service ProductsBrockport