REQUEST FOR PROPOSALS
Return proposals to:
Harris-Stowe State University
Business Office, Room 105
3026 Laclede Avenue
St. Louis, MO 63103
Buyer: Barbara A. Morrow
RFP NO.: 57816090
DATE ISSUED: March 31, 2016
TEL: (314) 340-5763, FAX: (314) 340-3322
RECEIVED FROM:
Harris-Stowe State University is requesting proposals for Operation and Management of the University
Bookstore. A mandatory pre-bid conference will be held at 11:00 a.m. on Thursday, April 14, 2016
in room 123 of the Dr. Henry Givens, Jr., Administration (HGA) building. Proposals must be
received no later than 11:00 a.m. on Thursday, April 28, 2016 in room 105 of the HGA building and
will then be opened and the names of the offerors revealed in Room 123 in the HGA building. Any
proposals received after 11:00 a.m. on Thursday, April 28, 2016 shall not be accepted and will be
returned to the offeror unopened. No award shall be made at the time proposals are opened. For a
copy of the RFP, call (314) 340-5763. Copies of the proposals are to be mailed to:
Harris-Stowe State University, Attention: B. A. Morrow
3026 Laclede Avenue, Room 105; St. Louis, MO 63103
BID MUST BE SIGNED TO BE VALID
The bidder hereby agrees to furnish items and/or services, at the prices quoted, pursuant to all requirements
and specifications contained in this document upon either the receipt of an authorized Purchase Order from
Purchasing, or when this document is countersigned by Purchasing as a binding Contract. The bidder
further agrees that the language of this document shall govern in the event of a conflict with His or Her
Bid. If incorporated - Where?_______________________________
COMPANY NAME:__________________________________________ DATE:________________
AUTHORIZED SIGNATURE:__________________________________ TEL:__________________
(please sign here)
______________________________________________
(please type or print name here)
TITLE:__________________________________ FED. ID OF SSN:__________________________
NOTICE OF AWARD:______________________ PURCHASE ORDER #:____________________
Accept as to items:
_________________________________________
(Signature of Director of Business Services)
__________________
(Date)
Page 2 of 50
RFP NO: 57816090
PART ONE
BACKGROUND INFORMATION
SECTION ONE:
General Information
Harris-Stowe State University traces its origin back to 1857 when it was founded by the St. Louis Public
Schools as a normal school and thus became the first public teacher education institution west of the
Mississippi River, and the twelfth such institution in the United States.
This normal school was Harris-Stowe’s first predecessor institution, and was restricted to white female
students who would become the City of St. Louis’ public elementary school teachers. This normal school
later became a four-year college, named Harris Teachers College, in honor of William Torrey Harris. Dr.
Harris had served as the Superintendent of Instruction of the St. Louis Public Schools and had also served
as a United States Commissioner of Education.
The Normal School began offering in-service education for St. Louis white teachers, as early as 1906. and,
later, in 1920 became a four-year undergraduate teachers college, authorized to grant a Bachelor of Arts
Degree in Education. In 1924, the College received accreditation from the North Central Association of
Schools and Colleges. Accreditation from other agencies followed, including accreditation by the
American Association of Colleges for Teacher Education and the National Council for the Accreditation of
Teacher Education.
A second predecessor institution was Stowe Teachers College which began in 1890 as a normal school for
future black teachers of elementary schools in the City of St. Louis. This normal school was also founded
by the St. Louis Public School System and was an extension of Sumner High School. In 1924, the Sumner
Normal School became a four-year institution with authority to grant the baccalaureate degree. In 1929, its
name was changed to Stowe Teachers College, in honor of the abolitionist and novelist, Harriet Beecher
Stowe.
These two teacher education institutions were merged by the Board of Education of the St. Louis Public
Schools in 1954 as the first of several steps to integrate the public schools of St. Louis. The merged
institution retained the name Harris Teachers College. Later, in response to the many requests from
alumni of Stowe Teachers College and members of the Greater St. Louis Community, the Board of
Education agreed to restore to the College's name the word "Stowe", and to drop the word, "teachers".
Part One, BACKGROUND INFORMATION (Continued)
SECTION ONE: General Information (Continued)
In 1979 the General Assembly of the State of Missouri Senate Bill 703, under which Harris-Stowe State
College became the newest member of the State system of public higher education. The Institution's name
was again changed by the addition of the word, "State," and was then officially known as Harris-Stowe
State College. In addition to the name change, the College's baccalaureate degree was changed to Bachelor
of Science in Education. In compliance with new State standards and teacher certification requirements,
the College's teacher education curriculum was modified and three separate teacher education majors were
approved: early childhood education, elementary school education, and middle school/junior high school
education.
In 1981, the College received State approval for a new degree program -- the Bachelor of Science in Urban
Education. This program was the only one of its kind at the undergraduate level in the United States and is
designed to prepare non-teaching urban education specialists who will be effective in solving the many
urban-related problems facing today's urban schools. Later this degree program was expanded to include
the preparation of non-teaching specialists in many other urban-related fields.
In 1993, the State Governor signed into law Senate Bill 153 which authorized the College to expand its
mission in order to address unmet needs of Metropolitan St. Louis in various applied professional
disciplines. In response to that authority, Harris-Stowe developed two new baccalaureate degree programs:
(1) Business Administration with professional options in Accounting, Management Information Systems,
General Business and Marketing; and (2) Secondary Teacher Education with subject-matter options in
Biology, English, Mathematics, and Social Studies. The College, soon after, began developing new
baccalaureate programs in other professional areas, including Criminal Justice and Management of Health
and Medical Services. These new programs are "two-plus-two" baccalaureates based on relevant
community college associate degrees.
In August of 2005, upon the urging of Governor Matt Blunt, and the approval of the State General
Assembly, Harris-Stowe State College became Harris-Stowe State University.
Thus, from its beginnings as two normal schools in the mid- and late 19th Century to its present status as a
State institution of public higher education, Harris-Stowe State University and its predecessor institutions
have always been in the forefront of teacher education. Now, with its mission expanded to include other
professional disciplines, the University will provide greatly needed additional opportunities to
Metropolitan St. Louisans in other important fields of endeavor. The University will, therefore, continue
its quest for excellence in all of its offerings and strive even more to meet the complex and demanding
challenge of preparing students for effective roles in this region's various professions.
Part One, BACKGROUND INFORMATION (Continued)
SECTION ONE: General Information (Continued)
Harris-Stowe State University is dedicated to the advancement of people through learning. Every social
institution is, in some way, special; educational institutions are particularly so because they alone have
been established to promote learning in formal and appropriately-designed settings. This University
recognizes and accepts as an integral aspect of its mission the task of providing urban-oriented
experiences, which will enable its students to function as constructive agents of change for the
improvement of urban living.
The demands of today's society require the services of professionals; Harris-Stowe State University is wellknown for its four-year professional education programs. The University began its distinguished career in
undergraduate higher education with the exclusive purpose of developing highly competent and effective
teachers for the elementary school. To this focus the University long ago added in-service, increased preservice, and professional development programs. A few years ago, the primary purpose of Harris-Stowe
was expanded to include the development of a non-teaching professional baccalaureate degree aimed at
preparing humane problem-solvers for educational systems and community agencies.
Now, with an expanded mission, the academic thrust of the University has been broadened to include other
greatly needed professional areas: in Business Administration, in Secondary Teacher Education, in
Elementary Teacher Education, in Urban Education, in Liberal Arts, in Criminal Justice, and in the
effective Management of Medical and Health services programs, and is collaborating with several sister
institutions – both in and outside the metropolitan region in offering graduate-level programs.
Harris-Stowe is unique among midwestern institutions of higher education. This uniqueness is derived
from two main characteristics: (1) its philosophy which stresses the importance of the learning potential of
each individual student, and (2) its high accessibility--both geographical and financial.
Currently the University offers 31 Majors, Minors and Certificate Options.
The University offers Bachelor of Science degree programs. Each of these degree programs consists of
two levels: (1) a lower-division level, which provides a general education foundation, and (2) an upperdivision level, consisting of a specific set professional studies that gives each degree program its name.
The University is an accredited member of the Higher Learning Commission. The following programs are
offered: Accounting, Biology, Business Administration, Criminal Justice, Early Childhood Education,
Educational Studies, Elementary Education, Finance, Health Care Management, Information Sciences &
Computer Technology, Marketing, Mathematics, Middle School/Junior High Education, Political Science,
Professional Interdisciplinary Studies, Secondary Education, Sociology, Sustainability and Urban Ecology,
Urban Affairs, Urban Agriculture.
Harris-Stowe has approximately 200 full time employees and an enrollment of approximately 1,200
students. The campus presently consists of nine (9) buildings, the Dr. Henry Givens, Jr. Administration
building; the Southwestern Bell Technology Resource Center Library; the Emerson Physical
Education/Performing Arts Center which opened on April 25, 2003; the Gillespie Residence Hall/Student
Center which opened on August 15, 2006; the William L. Clay Early Child Development and Parenting
Education Center which opened August 24, 2009; the Freeman R. Bosley, Jr. Residence hall and Dining
Facility which opened August 2011, the Vashon Community Center and two (2) additional buildings that
were purchased in Fall 2015.
Rev. 2/19/16
Page 5 of 50
RFP NO: 57816090
PART TWO
REQUEST FOR PROPOSAL
FOR
BOOKSTORE SERVICES
SECTION ONE. General Information
a.
Harris-Stowe State University (HSSU) is requesting proposals from qualified bidders to
operate and manage its on-campus bookstore located in St. Louis, Missouri. The effective date
will be June 1, 2016. The qualified vendor will provide the University’s campus students with
100% of their required textbooks and reading materials in either physical or digital format, for
one flat rate. The University is looking for a course materials management partner to propose a
solution that is innovative in its ability to meet current needs and has proven software and
services to run a flat-rate program.
b.
One of the many areas of cost the University is looking to control, are the out-of-pocket
expenses that students incur for textbooks, reading materials, and other instructional content,
both physical and digital. As a result of that out-of-pocket expense and exorbitant prices, many
students are foregoing the acquisition of required course materials. This trend affects
performance in the classroom for both students and faculty. To achieve that goal, however, the
University recognizes that currently it doesn’t have the right technology, infrastructure, or
resources to navigate the changing landscape. The University also recognizes the fact that it is
not alone in this process because there are many campuses in the United States facing the same
challenges.
c.
As a result, the University is requesting proposals for a solution that through a flat-rate pricing
model, would:
d.
1.
Significantly lower the cost of textbooks, reading materials and other instructional
content for students and the school, and
2.
Put 100% of required materials into the hands of students by the first day of classes,
while providing a foundation for the campus to transition from a primarily physical
model of textbook distribution to a hybrid model of physical and digital educational
content, and eventually to a primarily digital model in the future as faculty and student
preferences change, and as instructional materials continue to evolve.
The University believes the ideal solution will speak to the following three (3) challenges
facing the University:
Page 6 of 50
RFP NO: 57816090
PART TWO, Request for Proposal for Bookstore Services (Continued)
SECTION ONE. General Information (Continued)
e.
f.
1.
Affordability: Proposals should have information on how the products and services
will lower the cost of textbooks and other course materials for the University and its
students, through the implementation of a flat-rate program, that includes 100% of a
student’s required textbooks and other assigned reading materials.
2.
Innovation: Proposals should address how the software and services will help campus
staff manage a flat-rate, books-in-tuition model, while providing faculty with academic
freedom, students with included customer satisfaction and staff with training and
support to run the program.
3.
Consistency: Proposals should address how the Contractor will help the University
manage the ever-increasing complexity of course material options on campus including
linking the University’s software systems to the Contractor platform to ensure a
consistent, high-quality experience for students, faculty and administration.
Flat-Rate Pricing model:
1.
Proposals should address the trend of students foregoing the acquisition of required
course materials due to the unforeseen out-of-pocket expense and exorbitant prices,
through technology and cost savings, including providing the University with multiple
pricing plans that would allow the University to set and modify its own flat rate.
2.
Proposals should include multiple fulfillment options that will allow the University to
manage materials through its bookstore for either residential or online students, as well
as providing warehouse-to-student shipments and digital delivery options.
3.
All software, services and content provided by the Contractor should be included with
the flat-rate price. The Contractor’s program should provide the school with multiple
billing options for how charges are applied to student accounts and your program
should track and manage loss prevention and inventory recovery – including
automatically contacting students when it is necessary to communicate with them about
materials they have received. A goal of the University is to achieve financial
predictability not only for the students, but also for ongoing campus operations.
Innovation:
1.
Textbook Adoption: The University’s faculty are constantly presented with offers
from publishers promoting their newest editions, custom books, supplemental materials
and online courseware, all of which tend to increase material costs for students. The
University respects the academic freedom of the faculty to choose materials necessary
for courses and wants to provide faculty with a current online tool that will allow them
to make informed adoption decisions based on title research and the ability to compare
all content from any provider in one location.
Page 7 of 50
RFP NO: 57816090
PART TWO, Request for Proposal for Bookstore Services (Continued)
SECTION ONE. General Information (Continued)
2.
Faculty Freedom: The flat-rate program should not restrict faculty to a fixed set of
course materials, or bind them to a single edition for a series of terms, or limit faculty to
a certain set of publishers or content formats, such as only digital editions. The
program should allow faculty to adopt any titles that they choose.
3.
Ease of Use: The Contractor’s service and software should be easy to use by store
staff, faculty and students. The University has a very small team and needs a system
that is easy to manage, quick to deploy, reduces workload and provides support when
needed. The support includes having real-time reporting of all activity for students in a
single interface that is both friendly and intuitive to use.
a.
Store staff who manage the flat-rate program should be able to access the
Contractor’s software in the cloud.
b.
Students should have access to a dashboard when they can access their account
information. Logon to this dashboard should be linked to the University’s
Learning Management System (LMS) and should include single sign-on.
c.
Faculty should have access to an Adoption tool that is linked through the
University’s LMS and includes a single sign-on.
4.
Customer Satisfaction: The University is known for providing exceptional services to
its students, faculty, staff and the public. As a result, service is the University’s brand
and it is very important that the Contractor’s products allow the University to continue
to maintain the high level of services that the students and others expect. Contractors
will be required to report its Net Promoter Score (NPS).
5.
Training and Support: The Contractor’s program shall provide the University with
end-to-end training and support for a minimum of one (1) full academic year.
6.
Digital Course Materials: Contractor’s must demonstrate how their proposals will
enable the University to transition from its current state of physical material to a future
where the majority of course materials will be digital. The University expects the
complexity of course material options on campus to continue to increase as new types
of digital course materials gain acceptance and that the bookstore must play a
centralized role in the distribution of content to ensure a consistent, high-quality
experience for students. The Contractor should discuss how its platform will allow the
University to discover, adopt and easily distribute all forms of textbooks, reading
materials and other instructional content.
Page 8 of 50
RFP NO: 57816090
PART TWO, Request for Proposal for Bookstore Services (Continued)
SECTION ONE. General Information (Continued)
7.
Consistency: The University realizes that the physical bookstore model of today has its
challenges but belies that by leveraging an institutionally-managed bookstore, a
transformative model can be implemented that could possibly be an inspiration for the
revitalization of campuses through the country.
From the convenience of the University’s physical store, to the investments made in its
Enterprise Resource Planning (ERP), SIS and LMS software, to the experience of and
relationships with the University’s customers, the Contractor should explain how its
company will embrace the University’s existing team, assets and technology in order to
seamlessly implement its solutions and services on campus, reduce the complexity of an
increasing array of educational content options and improve consistency in the
experience that students receive.
8.
Technical Considerations:
a.
b.
c.
LMS: The successful Contractor will be required to offer the following:
1.
Single sign-on to its platform from the University’s LMS,
2.
Real-time student account reconciliation, and
3.
A single path for password recovery to make digital content more
manageable.
Student Information System (SIS): The Contractor should integrate to the
University’s SIS in order to gather information related to:
1.
Course catalogs,
2.
Assigned instructors,
3.
Student enrollments,
4.
Integration with financial aid, and
5.
Supporting student billing.
Applications & Hardware: The Contractor’s software to manage the program
shall not require the University to install new systems or requisition new
servers.
Page 9 of 50
RFP NO: 57816090
PART TWO, Request for Proposal for Bookstore Services (Continued)
SECTION ONE. General Information (Continued)
8.
Technical Considerations (Continued)
d.
Authentication: The Contractor’s integration must be light-weight and secure
and utilize the University’s current director service for account authentication
and access.
e.
Accessibility: The Contractor’s Voluntary Product Accessibility Template
(VPAT) should address how student accessibility for students with disabilities
will be ensured.
The University currently has a textbook rental program in place in which students are charged the
following for books:

Full-time students up to 16 hours: $300.00 per semester

Full-time students over 16 hours: $300.00 per semester plus $75.00 per course over 16 hours

Part-time students: $75.00 per course.
HSSU operates on the semester system and conducts summer sessions.
SECTION TWO. Enrollment
a.
HSSU currently has an enrollment of approximately 1,200 full-time students.
b.
Full Time Enrollment (FTE) figures for the past four (4) fall semesters are
as follows:
FTE
FA12
FTE
FA13
FTE
FA14
FTE
FA15
1,000
1,000
1,000
1,000
SECTION THREE. Location
The bookstore is currently located on the northwest end of Gillespie Resident Hall. The space
available is approximately 1,400 square feet. Also, there is a small space utilized in the Dr. Henry
Givens, Jr., Administration building which is estimated at 1,000 square feet.
Page 10 of 50
RFP NO: 57816090
Part Two, Request for Proposal for Bookstore Services
SECTION FOUR. Sales Information
HSSU does not have its own book or supply inventory. The following sales information is provided:
NOTE: The above sales increases were based on 100% market share due to the program currently in
place which provides course materials for all students. These numbers would be significantly less if
the operation is returned to a traditional, “student sourced” model where each student is responsible for
procuring their books on their own.
Page 11 of 50
RFP NO: 57816090
PART THREE
SCOPE OF WORK FOR BOOKSTORE
SECTION ONE. Bookstore Services
The Contractor shall provide bookstore services to the population of HSSU with a full range of
services reasonably expected from a quality academic bookstore on the campus of an established,
dynamic, and growing university located in the City of St. Louis, MO. The University is requesting
proposals that contain cutting-edge models that would transform how course materials are adopted,
procured, distributed and priced for students. Proposals that do not provide students with 100% of
their required materials, under one flat rate, in print or digital format, will not be considered.
The following objectives have been identified:
a.
Create and implement effective strategies to reduce the cost of textbooks and course
materials to HSSU students by offering a strong used textbook and buyback program,
comprehensive textbook rental program and innovative digital textbook course
materials program utilizing emerging technologies and developing creative solutions.
b.
Support the academic mission of the University by providing efficient and effective
textbook and course materials services to students and faculty, which includes hybrid
model. A hybrid model would allow students, faculty and staff to purchase ebooks,
textbooks and technology products online with multiple shipping options (directly to
University or to the customer’s address of choice).
c.
Provide required and optional textbooks and optional textbooks and course materials in
sufficient quantities in a timely manner. Replacement or additional orders must be
available within three (3) business days from placing the order.
d.
Provide easy access and multiple distribution channels for textbooks and course
materials.
e.
Develop a proactive textbook strategy that will allow the bookstore to compete
effectively in the challenging University text book environment.
f.
Communicate and coordinate effectively and proactively with faculty regarding the use
of all types of course materials.
g.
Provide comprehensive textbook and course materials services to support all current
and future University online courses and distance learning programs.
h.
Provide bookstore services at multiple locations to include comprehensive textbook
services to support future distance learning programs and online courses. The online
services should be in a comprehensive 24/7/365 single sign-on format accessible from
the University’s student portal.
Page 12 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION ONE. Bookstore Services (Continued)
i.
Provide excellent customer service, including minimizing transaction times and wait
times for in-store and online purchases, and ensure efficient processing of financial aid
transactions. The Contractor’s systems must be able to process financial aid credits
from the University’s ID card.
j.
Provide a wide selection of current trade, academic and technical literature in support of
required material for the academic disciplines at HSSU.
k.
Develop a comprehensive marketing and promotional strategy that will advance the
University’s brand among students, faculty/staff, alumni, fans and visitors.
l.
Develop a comprehensive online strategy which will allows the Contractor’s system and
the University system to communicate seamlessly.
m.
Promote the approved University brand by offering quality emblematic clothing and
gifts.
n.
Utilize state-of-the-art technology and emerging technologies for Bookstore operations
(e.g., point-of-sale transactions, textbook purchase and rental, inventory status, online
strategy, inventory management, financial aid and registration integration, etc.).
o.
Offer a significant selection of “soft goods” such as office and art supplies, personal
care items, University insignia wearing apparel and memorabilia and other such related
items.
p.
Become fully involved in the academic, cultural and social environment of HSSU and
take every opportunity to offer special merchandising and/or assistance based upon
HSSU’s ongoing and unique activities.
SECTION TWO. Staffing and Employment Practices
a.
Contractor shall provide an adequate staff of employees for efficient operation of all
aspects of the bookstore. These employees will be employees of the Contractor and not
HSSU.
b.
The Contractor shall comply with all applicable federal government regulations
Contractor’s employees will observe all regulations established by HSSU. Failure to do
so may be grounds for permanent removal of an employee from the bookstore at the
request of HSSU.
c.
Contractor agrees to maintain proper standards of courtesy, service and professionalism
in all its relationships with the HSSU community.
Page 13 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION TWO. Staffing and Employment Practices (Continued)
d.
University students are to be employed as part of the regular bookstore staffing pattern.
Such employment should be educational as well as remunerative with Contractor’s
encouragement to consider internship and other such cooperative ventures with HSSU.
e.
Contractor shall not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age or national origin and will take affirmative action
to insure that they are offered equal employment opportunities without discrimination
because of race, creed, color, sex, age or national origin. Such action shall be taken
with reference, but not limited to: recruitment, employment, job assignment,
promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other
forms of compensation and selection for training or retraining including apprenticeship
and on-the-job training. Contractor will comply with all provisions of the Federal
Executive Orders No. 11246 and No. 11375.
f.
HSSU reserves the right to be considered in the interviewing and selection of the
bookstore manager. Such consideration shall also extend to the right to ask the
Contractor to remove any bookstore employee for cause from site if due notice is given
to the Contractor.
SECTION THREE. Hours of Operation
a.
Hours of Operation – Regular Hours
Monday – Thursday: 9:00 a.m. – 6:00 p.m.
Friday:
9:00 a.m. – 12:00 p.m.
b.
Hours of Operation – Registration Extended Hours
Monday – Thursday: 9:00 a.m. –7:00 p.m.
Friday:
8:00 a.m. – 3:00 p.m.
Saturday:
9:00 a.m. – 1:00 p.m. – 1st two Saturdays before classes
begin
SECTION FOUR.
Pricing Policy
a.
All new textbooks, paperback books and trade books shall be sold at a price no
higher than publishers’ list prices.
b.
Used textbooks in saleable condition, whether cloth, paperback or otherwise,
shall be sold at no more than seventy-five percent (75%) of current new list
price.
Page 14 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION FOUR.
Pricing Policy (Continued)
c.
All other merchandise shall be marked up to reflect a normal gross profit margin
common to the HSSU bookstore market.
d.
Any net priced merchandise (involved at a net cost) may be priced to reflect the
normal industry gross margin on the items.
e.
HSSU may request and shall receive from the Contractor appropriate proof that
above pricing policies are being followed. Information will be provided by the
Contractor at the earliest possible time.
SECTION FIVE. Refunds
Contractor will provide refunds according to the following schedule, or a more liberal one if approved
by HSSU:
a.
Full refund during first week through the fourth week of each semester, if a student
presents a copy of valid drop slip and valid register receipt from the Bookstore.
b.
After the 4th week without a valid receipt, books are bought back at wholesale prices. A
valid register receipt is required for all refunds.
c.
Textbooks and required trade books: New books must be unmarked and in unused
condition. If not, they are bought back at wholesale prices.
d.
Non-required trade books, supplies and merchandise: Full refund if returned in an
unused condition within a reasonable time from date of purchase. A valid register
receipt is required for all refunds.
SECTION SIX. Defective Books
Defective books must be returned to the Bookstore immediately.
Page 15 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION SEVEN. Used Books
The Contractor shall make maximum availability of used books in order to decrease book costs to
students. Accordingly, Contractor agrees to:
a.
Buy used books from students, faculty and staff at the following prices:
When the bookstore has been notified that the book will be used the following
semester, the book should be purchased at no less than seventy-five percent (75)
of the current list price, provided the book is a good used copy and
proportionately less for books in less than good condition. In the absence of
such notification, or if the book will not be used for the following semester, or if
it is to be replaced shortly by a revised edition according to an announcement of
the publisher, the book should be purchased at a price listed for the book in a
current issue of the Buying Guide, a copy of which shall be made readily
available in the bookstore for consultation by the customers.
b.
Sell used books in good condition to students, faculty and staff at the
following price:
Used books should be sold at no more than seventy-five percent (75%) of its
current new list price.
SECTION EIGHT. Textbook and Supply Adoptions
The Contractor will make every effort to fill orders for books and required supply items for each
semester and the summer sessions in accordance with textbook and supply adoptions by the faculty
and will provide good service to the students and faculty at HSSU. The textbook and supply adoptions
shall be requested and provided in accordance with the following schedule:
a.
For the Spring semester on or before:
October 15
b.
For the Summer term on or before:
March 15
c.
For the Fall semester on or before:
April 15
d.
If HSSU adopts a different academic schedule in the future, a new adoption
schedule will be determined by HSSU and the Contractor.
e.
The University will exert every effort, working with the Contractor, to insure the
prompt and timely submission of textbook orders to the bookstore.
Page 16 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION NINE. Bookstore Policies
Contractor shall post conspicuously and without equivocation, bookstore policies concerning refunds,
buy-backs and exchanges, along with the names of the Contractor’s staff members to whom Contractor
problems, complaints and requests for adjustment shall be directed.
SECTION TEN. Discipline, Enforcing Regulations and Internal Security and Theft Control
Contractor shall collaborate with HSSU’s Chief of Campus Public Safety, Vice-President of Business
and Financial Affairs and Vice-President of Academic and Student Affairs concerning discipline,
enforcing regulations and internal security and theft control in the bookstore. Contractor shall not,
except in physically dangerous or other emergency situations, summon public emergency services
except through the University’s Campus Public Safety. The Contractor shall not seek to have students
of HSSU who are suspected of theft arrested by public authorities or prosecuted without prior
consultation with HSSU’s Chief of Campus Public Safety and the Vice-President of Academic and
Student Affairs.
SECTION ELEVEN. Sponsorship, Assistance and Services
In support of HSSU’s educational, cultural and other programs, the Contractor is encouraged to
provide occasional sponsorship, assistance and services in connection with special University events.
SECTION TWELVE. Removal of Display Items
The Contractor will promptly refrain from display and sale of any item requested by HSSU to be
removed. Such HSSU requests shall not be made arbitrarily or capriciously.
SECTION THIRTEEN. Bookstore Schedule
The Contractor will maintain a bookstore schedule that will be convenient to students, faculty and
staff. Bookstore hours will be extended during the first two weeks of each semester, including
Saturdays, and may be changed at other times by mutual agreement.
SECTION FOURTEEN. Photocopied Text or Workbooks
The Contractor agrees to cooperate with HSSU and its faculty in the production of any photocopied
text or workbooks in which HSSU and its faculty are interested.
SECTION FIFTEEN. Charge Sales and Personal Checks
The Contractor shall provide for charge sales of books and supplies to students, faculty and staff
through major credit cards. The Contractor shall accept student, faculty and staff member personal
checks in reasonable amounts in relation to purchase, subject to appropriate and normal identification
of the customers and verification of the checks.
Page 17 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION SIXTEEN. Custodial, General Housekeeping, Termite and Pest Control
The Contractor will provide custodial, general housekeeping, termite and pest extermination at its own
cost.
SECTION SEVENTEEN. Risk of Loss or Damage
The Contractor accepts the risk of loss or damage to inventory, fixtures, equipment and other
properties while in transit to or from the bookstore or while on display within the premises provided
for bookstore operations. The Contractor shall also bear all risks of loss of monies collected and of
inventory pilferage and robbery.
SECTION EIGHTEEN. Periodic Inspections
HSSU representatives may make periodical inspections of all the Contractor’s facilities and equipment
on the University campus in order to determine conformity with the contract.
SECTION NINETEEN. Special Order Book Services
The Contractor shall provide special order book services for students, faculty and staff and make every
effort to obtain the earliest possible delivery.
SECTION TWENTY. Cap and Gown Sales and Rental Services
The Contractor shall provide cap and gown sales and rental services.
SECTION TWENTY-ONE. Sales Receipts and Other Related Financial Documents
The Contractor shall retain all sales receipts and other related financial documents and have them
accessible for audit by HSSU or its independent auditors for a period of at least five (5) years.
SECTION TWENTY-TWO. Monthly Profit and Loss Statements
The Contractor will provide HSSU with monthly profit and loss statements showing dollar amounts
and expense percentages of gross income.
SECTION TWENTY-THREE. Book Vouchers
The Contractor shall honor the University’s book vouchers and submit a detailed report to HSSU for
payment on a monthly basis.
SECTION TWENTY-FOUR. Book Advance
The Contractor agrees to honor the University’s book advance process and comply with University
policies for charging books, supplies, merchandise, etc., from the bookstore.
Page 18 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION TWENTY-FIVE. Electronic Billing Process
The Contractor agrees to work with the University to develop an electronic billing process which will
assist the University in posting charges and credits to student accounts and University departmental
purchases.
SECTION TWENTY-SIX. Financial Return
HSSU, in return for executing an agreement which protects the Contractor’s right to operate its
bookstore, will require a direct financial return as a result of the agreement. The mechanism used to
structure a Contractor’s proposal for financial return to HSSU is outlined below:
a.
Annual minimum guarantee payable monthly within twenty (20) days after the end of
the calendar quarter or a percent of the gross sales, whichever of the two is greater. The
annual minimum guarantee shall not be less than $50,000.00 per year.
b.
The gross sales are defined as total sales transactions, excluding applicable sales and
excise taxes, refunds and returns.
SECTION TWENTY-SEVEN. Right of HSSU
The Contractor shall not assign, transfer, pledge, surrender or otherwise encumber or dispose of this
agreement or any interest in any portion of same without the formal written consent of HSSU.
SECTION TWENTY-EIGHT. Right of Contractor
The Contractor shall have the exclusive right, permission and privilege of providing and selling
bookstore services and merchandise at the specified location(s) on the HSSU campus.
SECTION TWENTY-NINE. University’s Undertaking
a.
HSSU shall provide at its own expense:
1.
Heat, light, water, electricity, air conditioning and rubbish removal.
2.
Fixtures and furniture presently owned by HSSU and in use by the present
bookstore Contractor.
3.
All structural repair and maintenance of building.
4.
Access to University intra-mail services.
5.
Access to HSSU’s telephone system at the same monthly rent and equipment
charges billed to a University department.
Page 19 of 50
RFP NO: 57816090
PART THREE, Scope of Work for Bookstore (Continued)
SECTION TWENTY-NINE. University’s Undertaking (Continued)
b.
HSSU shall maintain the utility services as stated above and make every reasonable
effort to avoid disruption. In the event any services must be interrupted for repair or
modification, HSSU shall provide the Contractor’s representative as much advance
notice as possible. In the event of any such interruption or any disruption of services,
HSSU shall take such steps as it reasonably can to promptly restore them, but shall not
be responsible for any loss sustained by the Contractor as a result of interruption of
services from any cause.
c.
HSSU’s representative in all business affairs with the selected Contractor will be the
Director of Business Services, unless another party is designated to serve as the
University’s representative. The Contractor’s representative in all business with HSSU
shall be the Contractor’s bookstore manager at the HSSU campus.
SECTION THIRTY. Transfer of Inventory
Transfers of inventory, if applicable, are subject to the Book Sale Provisions of the uniform
commercial code. HSSU shall take an inventory of all items to be transferred indicating quantity,
description, invoice and selling price. During the inventory no goods will be received or removed
from the Bookstore. Representatives of the Bookstore/Contractor may be present. The entire
inventory shall be purchased in bulk as follows:
a.
New Text Books: HSSU shall sell, and the Contractor shall buy, new text books on
hand which are adopted for use in the following academic term and at the invoiced
price.
Excess and defective books shall be returned to the Contractor and HSSU’s credit
thereby shall be sold to the Contractor at full value.
b.
Used Text Books: HSSU shall sell, and the Contractor shall buy, used text books on
hand which are adopted for use in the following academic term at the current inventory
value.
c.
Trade Books, Paperbacks, Technical and Reference Books: HSSU shall sell, and
the Contractor shall buy, all new books on hand not required or recommended for the
course offered at HSSU at HSSU’s invoice price.
d.
School Supplies: HSSU shall sell, and the Contractor shall buy, all items that are not
books at the invoice price.
e.
Store Supplies: HSSU shall sell and the Contractor shall buy all items that can be
consumed during continued operation of the Bookstore and are not offered for resale at
the invoice price.
Page 20 of 50
RFP NO: 57816090
PART THREE. Scope of Work for Bookstore (Continued)
SECTION THIRTY. Transfer of Inventory (Continued)
f.
Rent-A-Text Program: Students should have the option to rent books for up to 50%
of the book costs. To participate in the rental program, students and/or parents must
apply to the Contractor. Harris-Stowe State University will not administer or make
decisions regarding the eligibility of students that participate in the program. The rental
fee and book inventory will be determined by the Contractor. However, the University
can request that certain books be added to the rental inventory. Also, the following
applies:
1.
Students should be able to obtain refunds of rented books during the
Contractor’s refund period (early in semester).
2.
Students will be required to return the books during the Contractor’s buy-back
period.
SECTION THIRTY-ONE. Contractor’s Undertaking
a.
The Contractor shall provide at his expense:
1.
All renovations, alterations, changes or modifications to the existing
facilities. Said changes shall have the prior written approval of HSSU.
Contractor shall submit detailed plans and cost estimates for proposed
changes, with the names of any construction companies and principal
suppliers to be involved. Such plans and estimates shall be subject to
HSSU’s review and approval, which shall not be unreasonably withheld.
2.
Maintenance and repair of all movable fixtures and equipment furnished by
Contractor.
3.
Maintain property and, to the satisfaction of HSSU, the interiors of the
bookstore including day-to-day cleaning of floors, walls, fixtures, furniture and
equipment.
b.
The Contractor agrees to abide by all fire, safety, traffic, parking and other HSSU or
statutory regulations as imposed on HSSU units and other contractual services on its
premises and their personnel.
c.
The Contractor agrees to establish HSSU authorized and approved charge accounts
deemed necessary to accommodate those who are approved.
d.
The Contractor agrees to permit HSSU access to the bookstore location in the event of
emergency with twenty-four (24) hour access.
Page 21 of 50
RFP NO: 57816090
PART THREE. Scope of Work for Bookstore (Continued)
SECTION THIRTY-ONE. Contractor’s Undertaking (Continued)
e.
The Contractor agrees to comply with all laws, rules and regulations of any federal,
state or county government, bureau or department applicable to operation of said
bookstore. The Contractor shall be responsible for obtaining and keeping up-to-date all
licenses and permits required by federal, State of Missouri, or municipal agencies.
Further, the Contractor agrees to abide by all HSSU regulations and policies.
f.
The Contractor shall be responsible for any and all taxes and assessments arriving out
of the operation of the Bookstore including, but not limited to, payroll and personal
property taxes, franchise taxes, sales and use taxes, and income taxes.
g.
The Contractor shall be responsible to notify HSSU within ten (10) days of any
contracted or purchased operations within a thirty mile radius of HSSU campus.
h.
The Contractor accepts the risks of loss or damage to inventory and other properties
while in transit to or from the bookstore or while on display or within the premises
provided for bookstore operation. The Contractor shall also bear all risk of loss of
monies collected and of inventory pilferage, theft and robbery.
i.
The Contractor is granted the right to use the University’s name and logos for
reproducing and imprinting it on stationery, soft goods, notebooks, jewelry, pens,
pencils, decals and similar items acceptable to HSSU for as long as this agreement is in
effect. However, said imprints do not include the use of HSSU’s name and/or logos for
brand or product endorsements. This right may be withdrawn at anytime if its use lends
itself to abuse of a morality nature as determined by HSSU.
Page 22 of 50
RFP NO: 57816090
PART FOUR
GENERAL CONTRACTUAL REQUIREMENTS
SECTION ONE. Acceptance of Proposal
The University reserves the right to accept or reject any and all proposals without any statement or
reason therefore. Final acceptance shall be subject to the parties entering into a written agreement
including the terms thereof.
SECTION ONE. Additional Terms and Conditions
The University reserves the right to add terms and conditions during contract negotiations. These
terms and conditions will be within the scope of the RFP and will not affect the proposal evaluations.
SECTION TWO. Affirmative Action
In connection with the furnishing of equipment, supplies, and/or services under the contract, the
Contractor and all subcontractors shall agree not to discriminate against recipients of services or
employees or applicants for employment on the basis of race, color, religion, national origin, sex, age,
disability, or veteran status. If the Contractor or subcontractor employs at least fifty (50) persons, they
shall have and maintain an affirmative action program which shall include:
a.
A written policy statement committing the organization to affirmative action and
assigning management responsibilities and procedures for evaluation and
dissemination;
b.
The identification of a person designated to handle affirmative action;
c.
The establishment of non-discriminatory selection standards, objective measures to
analyze recruitment, an upward mobility system, a wage and salary structure, and
standards applicable to layoff, recall, discharge, demotion, and discipline;
d.
The exclusion of discrimination from all collective bargaining agreements; and
e.
Performance of an internal audit of the reporting system to monitor execution and to
provide for future planning.
If discrimination by a Contractor is found to exist, the state of Missouri shall take appropriate
enforcement action which may include, but not necessarily be limited to, cancellation of the
contract, removal from all Bidders Mailing Lists until corrective action is made and ensured,
and referral to the Attorney General’s Office, whichever enforcement action may be deemed
most appropriate.
Page 23 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION THREE. Applicable State Laws
The contract shall be construed according to the laws of the State of Missouri. The Contractor shall
comply with all local, state and federal laws and regulations related to the performance of the contract
to the extent that the same might be applicable. The Contractor must be registered with and maintain
good standing with the Secretary of State of the State of Missouri, as may be required by law or
regulation.
SECTION FIVE. Assignments
The Contractor shall not assign any interest in the contract and shall not transfer any interest,
whatsoever, in the contract without the prior written consent of the University.
SECTION SIX. Authorized Personnel
a.
The Contractor shall only employ personnel authorized to work in the United
States in accordance with applicable federal and state laws. This includes but is
not limited to the Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA) and INA Section 274A.
b.
If the Contractor is found to be in violation of this requirement or the applicable state,
federal and local laws and regulations, and if the State of Missouri has reasonable cause
to believe that the Contractor has knowingly employed individuals who are not eligible
to work in the United States, the state shall have the right to cancel the contract
immediately without penalty or recourse and suspend or debar the Contractor from
doing business with the state. The state may also withhold up to twenty-five percent of
the total amount due to the Contractor.
c.
The Contractor shall agree to fully cooperate with any audit or investigation from
federal, state or local law enforcement agencies.
Page 24 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION SIX. Authorized Personnel (Continued)
d.
e.
If the Contractor meets the definition of a business entity as defined in section 285.525,
RSMo, pertaining to section 285.520, RSMo, the Contractor shall maintain enrollment
and participation in the E-Verify federal work authorization program with respect to the
employees hired after enrollment in the program who are proposed to work in
connection with the contracted services included herein. If the Contractor’s business
status changes during the life of the contract to become a business entity as defined in
section 285.525, RSMo, pertaining to section 285.530, RSMo, then the Contractor
shall, prior to the performance of any services as a business entity under the contract:
1.
Enroll and participate in the E-Verify federal work authorization program with
respect to the employees hired after enrollment in the program who are proposed
to work in connection with the services required herein; AND
2.
Provide to the University the documentation required in the exhibit titled,
Business Entity Certification, Enrollment Documentation, and Affidavit of
Work Authorization affirming said company’s/individual’s enrollment and
participation in the E-Verify federal work authorization program; AND
3.
Submit to the University a completed, notarized Affidavit of Work
Authorization provided in the exhibit titled, Business Entity Certification,
Enrollment Documentation, and Affidavit of Work Authorization.
In accordance with subsection 2 of section 285.530, RSMo, the Contractor should
renew their Affidavit of Work Authorization annually. A valid Affidavit of Work
Authorization is necessary to award any new contracts.
SECTION SEVEN. Bid Bond
All bids must be accompanied by a bid bond with good and sufficient surety or cashier’s check in
the amount of $500.00. Bids received without the required bid bond shall not be considered.
Checks or other negotiable tender will be returned to unsuccessful bidders as soon as a decision
is reached.
SECTION EIGHT. Breach of Contract
The University may cancel the contract at any time for a breach of any contractual obligation by
providing the Contractor with a written notice of such cancellation. Should the University exercise its
right to cancel the contract for such a reason, the cancellation shall become effective on the date as
specified in the notice of cancellation sent to the Contractor. In addition, the University shall declare a
breach and cancel the contract immediately, with no penalty if the University has reasonable cause to
believe that the Contractor has knowingly employed individuals who are not eligible to work in the
United States in violation of federal law.
Page 25 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION NINE. Confidentiality
a.
The Contractor shall agree and understand that all discussions with the Contractor and
all information gained by the Contractor as a result of the Contractor’s performance
under the contract shall be confidential and that no reports, documentation or material
prepared as required by the contract shall be released to the public without the prior
written consent of HSSU.
b.
If required by the University, the Contractor and any required contractor personnel must
sign specific documents regarding confidentiality, security, or other similar documents
upon request. Failure of the Contractor and any required personnel to sign such
documents shall be considered a breach of contract and subject to the cancellation
provisions of this document.
c.
The Contractor shall maintain strict confidentiality of all information or records
supplied to it by the University or that the Contractor establishes as a result of contract
activities. The contents of such records shall not be disclosed to anyone other than the
University and the student or the student’s parent or legal guardian unless such
disclosure is required by law.
d.
The Contractor assumes liability for all disclosures of confidential information by the
Contractor and/or the Contractor’s subcontractors and employees.
e.
The Contractor agrees to comply with all applicable provisions of the Federal Standards
for Privacy of Individually Identifiable Health Information (45 C.F.R. Parts 160 and
164).
f.
The Contractor shall agree that the University utilizing the Contractor’s services may be
required to comply with 45 CFR 160 and 45 CFR 164, and that to achieve such
compliance, the Contractor must appropriately safeguard Protected Health Information
(as that term as defined in 45 CFR 164.501), which the Contractor receives from or
creates or receives on behalf of the University. In such situations and to provide
reasonable assurance of appropriate safeguards, the Contractor shall be required to sign
a Business Associate Agreements provided by the University.
Page 26 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION TEN. Conflict of Interest
The Contractor represents himself or herself to be an independent Contractor offering such services to
the general public and shall not represent himself/herself or his/her employee to be an employee of the
University. Therefore, the Contractor shall assume all legal and financial responsibility for taxes,
FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage
requirements, overtime, etc., and agrees to indemnify, save and hold the University, it’s officers,
agents and employees, harmless from and against, any and all loss; cost (including attorney fees); and
damage of any kind related to such matters.
In accordance with all applicable provisions of the RSMo, no official or employee of the University or
its governing body and no public official of the State of Missouri who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying out of the scope of work
covered by the contract shall voluntarily acquire any personal interest, directly or indirectly, in the
proposed contract.
The Contractor covenants that he or she presently has no interest and shall not acquire any interest,
directly or indirectly, which would conflict in any manner or degree with the performance of the
services hereunder. The Contractor further covenants that no person having any such known interest
shall be employed or conveyed an interest, directly or indirectly, in the contract.
Page 27 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION ELEVEN. Contract
The contract between the University and the Contractor shall consist of (1) the RFP, addendums
thereto, and any Best and Final Offer (BAFO) request(s) with RFP changes/additions, (2) the
contractor’s proposal including any contractor BAFO response(s), (3) clarification of the proposal, if
any, and (4) the University’s acceptance of the proposal by “notice of award.” All Exhibits and
Attachments included in the RFP shall be incorporated into the contract by reference.
In the event of a conflict in language between the two (2) documents referenced above, the
provisions and requirements set forth and/or referenced in the RFP shall govern. However, the
University reserves the right to clarify any contractual relationship in writing, and such written
clarification shall govern in case of conflict with the applicable requirements stated in the RFP
or the Contractor’s proposal. In all other matters not affected by the written clarification, if any,
the RFP shall govern. The Contractor is cautioned that his/her bid can be subject to acceptance
by the University without further clarification.
a.
A notice of award issued by the University does not constitute an authorization for
shipment of equipment or supplies or a directive to proceed with services. Before
providing equipment, supplies and/or services to the University, the Contractor must
receive a properly authorized purchase order or other form of authorization given to the
Contractor at the discretion of the University.
b.
The contract expresses the complete agreement of the parties and performance shall be
governed solely by the specifications and required contained therein.
c.
Any change to the contract, whether by modification and/or supplementation, must be
accomplished by a formal contract amendment signed and approved by and between the
duly authorized representative of the Contractor and the University prior to the effective
date of such modification. The Contractor expressly and explicitly understands and
agrees that no other method and/or no other document, including correspondence, acts,
and oral communications by or from any person, shall be used or construed as an
amendment or modification to the contract.
SECTION TWELVE. Contract Award
The RFP does not, by itself, obligate the University. The University’s obligation will commence when
the contract is approved (signed) by the procurement official. Upon written notice to the Contractor,
the University may set a different starting date for the contract. The University will not be responsible
for any work done by the Contractor, even work done in good faith, if it occurs prior to the contract
start date set by the University.
Page 28 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION THIRTEEN. Contract Period
The contract is for a one (1) year period commencing on June 1, 2016. The contract shall not bind, nor
purport to bind, the University for any contractual commitment in excess of the original contract
period. The University shall have the right, at its sole option, to renew the contractor for four (4)
additional one periods, or any portion thereof. In the event the University exercises such right, all
terms and conditions, requirements and specifications of the contract shall remain the same and apply
during the renewal period, pursuant to applicable option clauses of this document.
SECTION FOURTEEN. Contractor Liability
The Contractor shall be responsible for any and all personal injury (including death) or property
damage as a result of the Contractor’s negligence involving any equipment or service provided under
the terms and conditions, requirements and specifications of the contract. In addition, the Contractor
assumes the obligations to save the University and the State of Missouri, including its agencies,
employees, and assignees, from every expense, liability, or payment arising out of such negligent act.
a.
The Contractor also agrees to hold the University and the State of Missouri, including
its agencies, employees, and assignees, harmless for any negligent act or omission
committed by any subcontractor or other person employed by or under the supervision
of the Contractor under the terms of the contract.
b.
The Contractor shall not be responsible for any injury or damage occurring as a result of
any negligent act or omission committed by the State of Missouri, including its
agencies, employees, and assignees.
c.
Under no circumstances shall the contractor be liable for any of the following: (1) third
party claims against the state for losses or damages (other than those listed above), or
(2) economic consequential damages (including lost profits or savings) or incidental
damages, event if the Contractor is informed of their possibility.
SECTION FIFTEEN. Contractor Status/Relationship
The Contractor represents himself or herself to be an independent Contractor offering such services to
the general public and shall not represent himself/herself or his/her employee to be an employee of the
University. Therefore, the Contractor shall assume all legal and financial responsibility for taxes,
FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage
requirements, overtime, etc., and agrees to indemnify, save and hold the University, it’s officers,
agents and employees, harmless from and against, any and all loss; cost (including attorney fees); and
damage of any kind related to such matters.
Page 29 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION SIXTEEN. Delivery
Unless specifically stated otherwise in the contract, any and all materials, reports etc., required under
the contract shall be delivered FOB Destination to the University. The Contractor’s invoice(s) must
identify the University’s contract number. Payment will be made to the name and address identified in
the contract as the “Contractor” unless (1) the Contractor has authorized a different name and mailing
address in writing, or (2) unless a court of law specifies otherwise. The Contractor should not invoice
federal tax. The University’s federal and state tax ID #s may be obtained from the Business Office.
SECTION SEVENTEEN. Evaluation and Award of Contract
Contractors must submit complete and accurate data to enable HSSU to determine which Contractor is
best able to provide all bookstore services and merchandise in the best interests of HSSU.
Accordingly, proposals shall include a complete description of the Contractor’s capabilities in the field
of College/University bookstore operations. Omissions, inaccuracies or misstatements may be
sufficient cause for rejection of the proposal. The proposal must include the following proprietary
information:
a.
Name and address of company.
b.
A list of the names of all owners of the company or officers of the corporation.
c.
The history and extent of experience in the operation of College/University bookstores.
d.
A list of similar operations and locations where you currently are, or for the past five (5)
years, have operated a College/University bookstore. Give name, address and telephone
number of a contact person at each location. Indicate the length of time and estimated
sales at each location.
e.
A plan for management, supervision and staffing of the bookstore at HSSU.
f.
A complete, confidential financial statement and/or annual report by a Certified Public
Accountant of your last fiscal year.
g.
A current Dun & Bradstreet rating, if rated.
The following criteria in combination will be considered in awarding the contract:
a.
Vendor’s Pricing Proposal based on review of:

Detailed description of proposed commission
to be paid to the University.

Other financial and capital investments that
may be proposed.
40 points
Page 30 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION SEVENTEEN. Evaluation and Award of Contract (Continued)
b.
Quality and Comprehensive of Proposal

Detailed description of management
processes and procedures

Textbook programs (Example: e-book,
textbook rental, online sales,
buy back plans, etc.).

Organizational structure with regards
to the textbook arm of business.

Express delivery of service methods
(sales/marketing/communication
strategies).

Sales and promotions related to wearing
apparel, imprinted inventory, novelties,
Trade books, etc., including web sales,
opportunities and offerings.

Proven successful customer services
practices, flexibility in sourcing to
meet specific book, clothing and
merchandise requests.
10 points
Page 31 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION SEVENTEEN. Evaluation and Award of Contract (Continued)
c.
Experience and reliability in providing services
of a similar nature and scope:

Knowledge, resources and tools to keep up
with industry standards and deliverables
based on customer demand.

Awareness and understanding of the
University’s academic programs,
including methods of delivery.

List of industry-specific software and
programs that will be available to
all students and faculty for the
purchasing of books, software and
other items needed for class
requirements.

List of bookstores currently managed.

Demonstration of management’s
approach to timely business practices
while instructional and staffing
changes are determined from
semester to semester.
10 points
d.
Company size, credit rating, financial
records and stability

Copy of most recent audited
Financial report.

Financial statements from last
three (3) years of operation.
statements should include, as
a minimum, a consolidated
balance sheet and income
statement for each year.
10 points
Page 32 of 50
RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION SEVENTEEN. Evaluation and Award of Contract (Continued)
e.
References

Offerors should submit a minimum of
three (3) references from higher
education customers. If possible, the
University desires references that
incorporates public higher education,
Ellucian’s colleague system, and/or
HBCUs. The University should be
able to verify that the proposed
software and services can manage
a program that provides all
enrolled students with 100% of
required course materials, for
one flat rate, doesn’t require
significant IT involvement
and will be easy to roll-out
to students, faculty and staff
(See Attachment 1).
10 points
f.
Expertise of Personnel

Detailed information related to
the experience and qualification
of proposed staff.
10 points
The University will choose a Contractor who will bring a flat-rate course program that provides the
University financial predictability, affordability and 100% of a student’s required course materials by
the first day of classes.
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION EIGHTEEN. Gratuities
University procurement personnel, evaluators, and any other persons involved in the procurement
decisions are prohibited from accepting for personal benefit: gifts, meals, trips, or any other item of
significant value of a monetary advantage from a Contractor.
SECTION NINETEEN. Health Insurance Portability and Accountability Act of
1996 (HIPAA)
Contractors are subject to and must comply with provisions of the Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
SECTION TWENTY. Identification of Authorized Representative
The Contractor shall, within five (5) days after the award of the contract, submit a written
identification and notification to the University of the name, title, address and telephone number of one
(1) individual with its organization as a duly authorized representative to whom all correspondence,
official notices and requests related to the Contractor’s performance under the contract shall be
addressed. The Contractor shall have the right to change or substitute the name of the individual
described as deemed necessary provided that the University if notified immediately.
SECTION TWENTY-ONE. Insurance
a. The Contractor shall understand and agree that the University and the State of Missouri cannot
save and hold harmless and/or indemnify the Contractor or employees against any liability
incurred or arising as a result of any activity of the Contractor or any activity of the
Contractor’s employees related to the Contractor’s performance under the contract. Therefore,
the Contractor must have and maintain adequate liability insurance in the form(s) and
amount(s) sufficient to protect the University and the State of Missouri, its agencies, its
employees, its clients, and the general public against any such loss, damage and/or expense
related to his/her performance under the contract. The insurance shall include an endorsement
that adds the University as an additional insured. Self-insurance coverage or another
alternative risk financing mechanism may be utilized provided that such coverage is verifiable
and irrevocably reliable and the University is protected as an additional insured. In the event
any insurance coverage is cancelled, the University must be notified at least thirty (30) calendar
days prior to such cancellation.
b. Failure of a Contractor to provide evidence of such insurance coverage is a material breach and
grounds for termination of the contract.
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION TWENTY-ONE. Insurance (Continued)
c. The Contractor shall have and maintain, at the Contractor’s expense, throughout the effective
period of the contract, the following insurance in the amounts specified:
1.
2.
Comprehensive General Liability, including Product Liability, with the following limits
of liability:
i.
Bodily Injury:
$1,000,000.00 each person
$1,000,000.00 aggregate
ii
Property Damage:
$1,000,000.00 each accident
Automobile Public Liability and Property Damage, with the following limits
of liability:
i.
Bodily Injury:
$1,000,000.00 each person
$1,000,000.00 accident
ii
Property Damage:
$1,000,000.00 each accident
SECTION TWENTY-TWO. Minority Business Enterprise (MBE) and Women-owned Business
Enterprise (WBE)
In accordance with Executive Order 05-30, state agencies shall continue to make every feasible
effort to target the percentage of goods and services procured from certified Minority Business
Enterprises (MBEs) and Women-owned Business Enterprises (WBEs) to 10% and 5%,
respectively. (Also, see RSMo 37.020).
1.
A MBE must be at least fifty-one percent (51%) owned and controlled by one or
more persons who are United States citizens and members of one of the following
racial minority groups: Black, American Indian, Hispanic, Asian Americans or
other similar racial groups.
2.
A WBE must be at least fifty-one percent (51%) owned and controlled by women who
are United States citizens.
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION TWENTY-TWO. Minority Business Enterprise (MBE) and Women-owned Business
Enterprise (WBE) (Continued)
3.
In order to assist HSSU in meeting MBE/WBE contracting goals, the bidder is
encouraged to utilize MBEs/WBEs for any subcontracts awarded for services
and/or equipment provided pursuant to the contract. The bidders should indicate
if any subcontractors will be used to fulfill the requirements of the contract. The
bidder should provide specific information regarding subcontracts such as: name
of subcontractor, nature and value of subcontract work, etc. The bidder should
indicate whether or not the subcontractor qualifies as a MBE/WBE. Subcontract
work shall be defined as work that provides a commercially useful function
directly related to the delivery of the service/product required.
2.
A WBE must be at least fifty-one percent (51%) owned and controlled by women who
are United States citizens.
3.
In order to assist HSSU in meeting MBE/WBE contracting goals, the bidder is
encouraged to utilize MBEs/WBEs for any subcontracts awarded for services
and/or equipment provided pursuant to the contract. The bidders should indicate
if any subcontractors will be used to fulfill the requirements of the contract. The
bidder should provide specific information regarding subcontracts such as: name
of subcontractor, nature and value of subcontract work, etc. The bidder should
indicate whether or not the subcontractor qualifies as a MBE/WBE. Subcontract
work shall be defined as work that provides a commercially useful function
directly related to the delivery of the service/product required.
SECTION TWENTY-THREE. Performance Bond
The successful Contractor must furnish a performance bond in the amount proposed for the first full
year of the agreement and for each succeeding year of the agreement. An original and one (1) copy of
the bond must be furnished within ten (10) working days from the date of written notification of intent
to award the contract. The cost of the performance bond will be borne by the Contractor and written
by an insurance company licensed to do business in the State of Missouri.
SECTION TWENTY-FIVE. Property of State
All documents, data, reports, supplies, equipment and accomplishments prepared, furnished, or
completed by the Contractor pursuant to the terms of the contractor shall become the property of the
University. Upon expiration, termination, or cancellation of the contract, said items shall become the
property of the University.
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION TWENTY-SIX. Qualification of Contractors
Contractors must submit complete and accurate data to enable HSSU to determine which Contractor is
best able to provide all bookstore services and merchandise in the best interests of HSSU.
Accordingly, proposals shall include a complete description of the Contractor’s capabilities in the field
of College/University bookstore operations. Omissions, inaccuracies or misstatements may be
sufficient cause for rejection of the proposal. The proposal must include the following proprietary
information:
a.
Name and address of company.
b.
A list of the names of all owners of the company or officers of the corporation.
c.
The history and extent of experience in the operation of College/University bookstores.
d.
A list of similar operations and locations where you currently are, or for the past five (5)
years, have operated a College/University bookstore. Give name, address and telephone
number of a contact person at each location. Indicate the length of time and estimated
sales at each location.
e.
A plan for management, supervision and staffing of the bookstore at HSSU.
f.
A complete, confidential financial statement and/or annual report by a Certified Public
Accountant of your last fiscal year.
g.
A current Dun & Bradstreet rating, if rated.
SECTION TWENTY-SEVEN. Remedies
No provision in the document or in the Contractor’s response shall be construed, expressly or implied,
as a waiver of any existing or future right and/or remedy available by law in the event of any claim or
default or breach of contract made by the Contractor.
SECTION TWENTY-EIGHT. Rights
The Contractor agrees and understands that the contract shall constitute an assignment by the
Contractor to the University of all rights, title and interest in and to all causes of action that the
contract may have under the antitrust laws of the United States or University for which causes of
action have accrued or will accrue as the result of or in relation to the particular goods or services
purchased or procured by the Contractor in the fulfillment of the contract with the University.
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION THIRTY-ONE. Supplemental Terms and Conditions
Proposals including supplemental terms and conditions will be accepted, but supplemental conditions
that conflict with those contained in this RFP or that diminish the University’s rights under any
contract resulting from the RFP will be considered null and void. The University is not responsible for
identifying conflicting supplemental terms and conditions before issuing a contract award. If a conflict
arises after award of contract:
a.
If a conflict arises between a supplemental term or condition included in the
proposal and a term or condition of the RFP, the term or condition of the RFP will
prevail; and
b.
If the University’s rights would be diminished as a result of application of a
supplemental term or condition included in the proposal or any subsequent
agreement, the supplemental term or condition included in that proposal or
subsequent agreement, will be considered null and void.
c.
If any provision of this contract is found to be invalid, such invalidation will not
be construed to invalidate the entire contract.
SECTION THIRTY-TWO. Termination
The University reserves the right to terminate the contract at any time, for the convenience of the
University, without penalty or recourse, by giving written notice to the Contractor at least thirty (30)
calendar days prior to the effective date of such termination. The Contractor shall be entitled to
receive compensation for services and/or supplies delivered to and accepted by the University pursuant
to the contract prior to the effective date of the termination. The Contractor may terminate the contract
by giving the University written notice of such termination at least one hundred and twenty (120) days
prior to termination.
a.
Upon the expiration or termination of this agreement, the Contractor shall surrender
peaceably, possession of the premises to HSSU and shall surrender to HSSU in like
good order as when received, ordinary wear, tear and depreciation excepted, the fixtures
and equipment owned by HSSU and any equipment furnished by the Contractor to
replace similar equipment which may have become lost, damaged or destroyed.
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION THIRTY-TWO. Termination (Continued)
b.
Disposition of the inventory at termination of the agreement will be based on:
1.
Book inventory of new and used text and trade books to be used the next
academic term will be priced at the Contractor’s actual cost and offered for
purchase by the new Contractor.
2.
Book inventory of new and trade books not scheduled for use the next academic
term should be returned to the publishers by the Contractor for credit to the
Contractor. All expenses incurred in such returns will be borne by the
Contractor.
3.
Book inventory of used text and trade books not scheduled for use will be priced
for sale based on the current issue of Textbook Buying Guide and offered to the
new Contractor. If refused, they remain the property of the Contractor.
4.
Other inventories may be negotiated between the Contractor, the University
and/or the new Contractor as to price and conditions. Nothing contained
herein, however, obligates HSSU to purchase any such inventory hereunder.
5.
The successful Contractor shall purchase the entire inventory of “University
crested” items.
c.
No provision in this document or in the Contractor’s proposal shall be construed,
expressly or impliedly, as a waiver by the University of any existing or future fight
and/or remedy available by law in the event of any claim of default or breach of
contract.
d.
Any notice required or permitted herein to be given by HSSU to the Contractor at the
premises, can be left on the premises of the bookstore.
SECTION THIRTY-THREE. Transition
a.
Upon award of the contract, the Contractor shall work with HSSU and any other
organizations designated by HSSU to insure an orderly transition of services and
responsibilities under the contract and to insure the continuity of those services required by
HSSU.
b.
Upon expiration, termination or cancellation of the contract, the Contractor shall assist
HSSU to insure an orderly transfer of responsibility and/or the continuity of those services
required under the terms of the contract to an organization designated by HSSU. If
requested in writing, the Contractor shall provide and/or perform any or all of the following
responsibilities:
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION THIRTY-THREE. Transition (Continued)
1. The Contractor shall discontinue providing service or accepting new assignments under
the terms of the contract, on the date specified by HSSU, in order to insure the
completion of such service prior to the expiration of the contract.
2. The Contractor shall deliver, FOB destination, all records, documentation, reports, data,
recommendations, master, or printing elements, etc., which are required to be produced
under the terms of the contract to HSSU and/or to HSSU’s designee within seven (7)
working days after receipt of the written request.
3. The Contractor shall agree to continue providing any part or all of the services in
accordance with the terms and conditions, requirements and specifications of the
contract for a period not to exceed ninety (90) calendar days after the expiration,
termination or cancellation date of the contract for a price not to exceed those prices set
forth in the contract.
4. The Contractor shall discontinue providing service or accepting new assignments under
the terms of the contract, on the date specified by HSSU, in order to insure the
completion of such service prior to the expiration of the contract.
SECTION THIRTY-FOUR. Vendor Tax Compliance
Pursuant to section 34.040.6, RSMO, and the vendor compliance guidelines for Section 34.040.6,
RSMo, Vendor Compliance – Bids-Proposals/Contract Renewals/Single Feasible Source-Cooperative
Purchase-Contract Assignment, the University shall not contract for goods and services with a vendor
if the vendor or an affiliate of the vendor makes sales at retail of tangible personal property or for the
purpose of storage, use, or consumption in Missouri but fails to collect and properly pay the tax as
provided in chapter 144, RSMo. An “affiliate of the vendor” shall mean any person or entity that is
controlled by or is under common control with the vendor, whether stock ownership or otherwise.
SECTION THIRTY-FIVE. Work Authorization
1.
Pursuant to section 285.530, RSMo, the University as a condition for the award of any
contract or grant in excess of five thousand dollars by the state or by any political
subdivision of the state to a business entity, or for any business entity receiving a stateadministered or subsidized tax credit, tax abatement, or loan from the state, shall, by
sworn affidavit and provision of documentation, affirm its enrollment and
participation in a federal work authorization program with respect to the employees
working in connection with the contracted services. Business entities shall sign an
affidavit affirming that it does not knowingly employ any person who is an
unauthorized alien in connection with the contracted services. Effective September 1,
2009, any entity contracting with the state or any political subdivision of the state shall
only be required to provide the referenced affidavit on an annual basis. (E-Verify
documentation)
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RFP NO: 57816090
PART FOUR, General Contractual Requirements (Continued)
SECTION THIRTY-FIVE. Work Authorization (Continued)
1.
Executive Order 07-13: The Contractor shall only utilize personnel authorized to
work in the United States in accordance with applicable federal and state laws and
Executive Order 07-13 for work performed in the United States.
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RFP NO: 57816090
PART FIVE
TERMS AND CONDITIONS
This contract expresses the complete agreement of the parties, and performance shall be governed by
the specifications and requirements contained herein. Any change must be accomplished by a formal,
signed amendment prior to the effective date of such change.
SECTION ONE. Americans with Disabilities Act
In connection with the furnishing of goods and services under the contract, the Contractor and
Contractor’s subcontractor shall comply with all applicable requirements and provisions of the
Americans with Disabilities Act (ADA).
SECTION TWO. Applicable Laws and Regulations
a.
The contract shall be construed according to the laws of the State of Missouri.
The Contractor shall comply with all local, state and federal laws and regulations
related to the performance of the contract to extent that the same may be applicable.
b.
To extent has a provision of the contract is the Constitution or laws of the State of
Missouri or of the United States, the provisions shall be void and unenforceable.
However, the balance of the contract shall remain in force between the parties unless
terminated by consent of both the Contractor and the University.
c.
The Contractor must be registered and maintain good standing with the Secretary
of State of the State of Missouri and other regulatory agencies, as may be required by
the law or regulations.
d.
The Contractor must timely file and pay all Missouri sales, withholding, corporate and
any other required Missouri tax returns and taxes, including interest and additions to
tax.
e.
The Contractor shall only employ personnel authorized to work in the United States in
accordance with applicable federal and state laws and Executive Order 07-13 for work
performed in the United States.
SECTION TWO. Bankruptcy or Insolvency
Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether
voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of
creditors, the Contractor must notify the state immediately. Upon learning of any such actions, the
state reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and
hold the Contractor responsible for damages.
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RFP NO: 57816090
PART FIVE, Terms and Conditions (Continued)
SECTION THREE. Cancellation of Contract
a.
In the event of material breach of the contractual obligations by the Contractor, the
University may cancel the contract. At its sole discretion, the University may give the
Contractor an opportunity to cure the breach or to explain how the breach will be cured.
The actual cure must be completed within no more than ten (10) working days from
notification, or at a minimum the Contractor must provide the University within
ten (10) working days from notification a written plan detailing how the Contractor
intends to cure the breach.
b.
If the Contractor fails to cure the breach or if circumstances demand immediate action,
the University will issue a notice of cancellation terminating the contract immediately.
If it is determined the University improperly cancelled the contract, such cancellation
shall be deemed a termination for convenience in accordance with the contract.
c.
If the University cancels the contract for breach, the University reserves the right to
obtain the equipment, supplies, and/or services to be provided pursuant to the contract
from other sources and upon such terms and in such manner as the University deems
appropriate and charge the Contractor for any additional costs incurred thereby.
d.
The Contractor understands and agrees that funds required to fund the contract must be
appropriated by the General Assembly of the State of Missouri for each fiscal year
included within the contract period. The contract shall not be binding upon the
University for any period in which funds have not been appropriated, and the University
shall not be liable for any costs associated with termination caused by lack of
appropriations.
If the state cancels the contract for breach, the state reserve the right to obtain the equipment, supplies
and/or services to be provided pursuant to the contract from other sources and upon such terms and in
such manner as the state deems appropriate, and charge the Contractor for any additional costs incurred
thereby.
SECTION FOUR. Communications and Notices
Any notice to the offeror/contractor shall be deemed sufficient when deposited in the United States
mail postage prepaid, transmitted by facsimile, transmitted by email or hand-carried and presented to
an authorized employee of the offeror/contractor.
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RFP NO: 57816090
PART FIVE, Terms and Conditions (Continued)
SECTION FIVE. Conflict of Interest
a.
Elected or appointed officials or employees of the State of Missouri or any political
subdivision thereof, serving in an executive or administrative capacity, must comply
with section 105.452 and 105.454, RSMo, regarding conflict of interest.
b.
The Contractor hereby covenants that at the time of submission of the proposal, the
Contractor has no other contractual relationships which would create any actual or
perceived conflict of interest. The Contractor further agrees that during the term of the
contract neither the Contractor nor any of its employees shall acquire any other
contractual relationships which create such conflict.
SECTION SIX. Delivery
Time is of the essence. Deliveries must be made no later than the stated time, or within a reasonable
period of time, if a specific time is not stated.
SECTION SEVEN. Inspection and Acceptance
a.
No equipment, supplies and/or services received by an agency of the State pursuant to a
contract shall be deemed accepted until the agency has had reasonable opportunity to
inspect said equipment, supplies and/or services.
b.
All equipment, supplies and/or services which do not comply with the specifications
and/or requirements or which are otherwise unacceptable or defective may be rejected.
In addition, all equipment, supplies and/or services which are discovered to be defective
or which do not conform to any warranty of the Contractor upon inspection (or at any
later time if the defects contained were not reasonable ascertainable upon the initial
inspection) may be rejected.
c.
The University reserves the right to return any such rejected shipment at the
Contractor’s expense for full credit or replacement, and to specify a reasonable date by
which replacements must be received.
d.
The University’s right to reject any unacceptable equipment, supplies and/or services
shall not exclude any other legal, equitable or contractual remedies the State may have.
SECTION EIGHT. Inventions, Patents and Copyrights
The Contractor shall defend, protect and hold harmless the State of Missouri, its officers, agents and
employees against all suits of law or in equity resulting from patent and copyright infringement
concerning the Contractor’s performance or products produced under the terms of the contract.
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RFP NO: 57816090
PART FIVE, Terms and Conditions (Continued)
SECTION NINE. Invoicing and Payment
a. The State of Missouri does not pay state or federal taxes unless otherwise required under
law or regulation.
b. For each purchase order received, an invoice must be submitted that references the
purchase order number and must be itemized in accordance with items listed on the
purchase order. Failure to comply with this requirement may delay processing of invoices
for payment.
c. The Contractor shall not transfer any interest in the contract, whether by assignment or
otherwise, without the prior written consent of the University.
d. Payment for all equipment, supplies and/or services required herein shall be made in arrears
unless otherwise indicated in the RFP.
e. The State of Missouri assumes no obligation for equipment, supplies and/or services
shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject
to the State’s rejection and shall be returned at the Contractor’s expense.
f. All invoices for equipment, supplies and/or services purchased by the State of Missouri
shall be subject to late payment charges as provided in Section 34.055 RSMo.
SECTION TEN. Non-Discrimination and Affirmative Action
In connection with the furnishing of equipment, supplies, and/or services under the contract, the
Contractor and all subcontractors shall agree not to discriminate against recipients of services or
employees or applicants for employment on the basis of race, color, religion, national origin, sex, age,
disability, or veteran status unless otherwise provided by law. If the Contractor or subcontractor
employs at least 50 persons, they shall have and maintain an affirmative action program which shall
include:
a.
A written policy statement committing the organization to affirmative action and
assigning management responsibilities and procedures for evaluation and
dissemination;
b.
The identification of a person designated to handle affirmative action;
c.
The establishment of non-discriminatory selection standards, objective measures to
analyze recruitment and upward mobility system, a wage and salary structure and
standards applicable to layoff, recall, discharge, demotion and discipline;
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RFP NO: 57816090
PART FIVE, Terms and Conditions (Continued)
SECTION TEN. Non-Discrimination and Affirmative Action (Continued)
d.
The exclusion of discrimination from all collective bargaining agreements; and
e.
Performance of an internal audit of the reporting system to monitor executive and
to provide for future planning.
If discrimination by a Contractor is found to exist, the University shall take appropriate
enforcement actions which may include, but not necessary be limited to, cancellation of the
contract, suspension, or debarment by the University until corrective action by the Contractor is
made and ensured, and referral to the Attorney General’s Office, whichever enforcement action
may be deemed most appropriate.
SECTION TWENTY-SEVEN. Remedies and Rights
No provision in the contract shall be construed, expressly or implied, as a waiver by the
University and the State of Missouri of any existing or future right and/or remedy available by
law in the event of any claim by the University and the State of Missouri of the Contractor’s
default or breach of contract.
SECTION ELEVEN. Warranty
The Contractor expressly warrants that all equipment, supplies and/or services provided shall:
a.
Conform to each and every specification, drawing, sample or other description;
b.
Be fit and sufficient for the purpose intended;
c.
Be merchantable;
d.
Be of good materials and workmanship; and
e.
Be free from defect.
Such warranty shall survive delivery and shall not be deemed waived either by reason of the
University’s acceptance of or payment for said equipment, supplies and/or services.
Page 46 of 50
RFP NO: 57816090
PART SIX
PROPOSAL SUBMISSION INFORMATION
SECTION ONE. Submission of Proposals
a. Proposals must be priced, signed, sealed and returned (with all necessary
attachments) to the Business Office, Room 105, by the receipt date and time
specified in the RFP. At a minimum, the Contractor should include at least five
(5) additional copies along with their original proposal.
b. The Contractor shall not submit a proposal by fax machine because only sealed
proposals are acceptable in response to this RFP.
c. Open Records – Pursuant to section 610.021(12), the sealed proposals and related
documents or any documents related to a negotiated contract will not be available
for public review until a contract is executed, or all proposals are rejected.
SECTION TWO. Clarification of Requirements
a.
Any and all questions regarding this RFP should be directed to Barbara A.
Morrow, (314) 340-5763. Questions can be faxed to (314) 340-3322, Attention:
B. A. Morrow or emailed to [email protected]. The deadline for questions is
close of business on Wednesday, April 20, 2016.
b.
Contractors shall not contact any other employee(s) of the University during the
competitive procurement and evaluation processes.
c.
The Contractors are advised that the only official position of the University is that
position which is stated in writing and issued by the Purchasing Department as a
RFP and any amendments thereto. No other means of communication, whether
oral or written, shall be construed as a formal or official response or statement.
SECTION THREE. Mandatory Pre-bid Conference
A mandatory pre-bid conference will be held on Thursday, April 14, 2016 at 11:00 a.m. in
room 123 in the Dr. Henry Givens, Jr., Administration building on campus, 3026 Laclede
Avenue, St. Louis, MO 63103.
Page 47 of 50
RFP NO: 57816090
PART SEVEN
PRICING PAGE
In consideration of facilities and equipment furnished and services rendered by HSSU, the
Contractor shall return to HSSU a fixed percentage of annual gross sales OR a lump sum dollar
total per contract year, whichever is greater.
Item 1.
Fixed percentage of annual gross sales.
Commission Rate:
%
Note: Gross Revenue is defined as all sales made by the Store or the Store’s world wide web
page, catalog, or mail order function (if any), less refunds, returns, taxes, computer hardware
sales and commissions earned from rings.
Item 2.
Minimum guaranteed commission (lump sum dollar total) per contract year, but
not less than $50,000.00 per year.
TOTAL:
Guaranteed Commission
Page 48 of 50
RFP NO: 57816090
ATTACHMENT ONE
OFFEROR’S PRIOR EXPERIENCE/REFERENCES
PRIOR SERVICES PERFORMED FOR:
ADDRESS
CITY
STATE
ZIP
PERSON FAMILIAR WITH PERFORMANCE
TITLE
TELEPHONE NO.
DESCRIPTION OF PRIOR SERVICES PERFORMED:
CONTRACT PERIOD: FROM:
TO:
SUMMARY OF SERVICES PERFORMED:
PRIOR SERVICES PERFORMED FOR:
ADDRESS
CITY
STATE
PERSON FAMILIAR WITH PERFORMANCE
TITLE
TELEPHONE NO.
DESCRIPTION OF PRIOR SERVICES PERFORMED:
CONTRACT PERIOD: FROM:
SUMMARY OF SERVICES PERFORMED:
TO:
ZIP
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RFP NO: 57816090
ATTACHMENT ONE (Continued)
OFFEROR’S PRIOR EXPERIENCE/REFERENCES (Continued)
PRIOR SERVICES PERFORMED FOR:
ADDRESS
CITY
STATE
ZIP
PERSON FAMILIAR WITH PERFORMANCE
TITLE
TELEPHONE NO.
DESCRIPTION OF PRIOR SERVICES PERFORMED:
CONTRACT PERIOD: FROM:
TO:
SUMMARY OF SERVICES PERFORMED:
PRIOR SERVICES PERFORMED FOR:
ADDRESS
CITY
STATE
PERSON FAMILIAR WITH PERFORMANCE
TITLE
TELEPHONE NO.
DESCRIPTION OF PRIOR SERVICES PERFORMED:
CONTRACT PERIOD: FROM:
SUMMARY OF SERVICES PERFORMED:
TO:
ZIP
Page 50 of 50
RFP NO: 57816090
ATTACHMENT ONE (Continued)
OFFEROR’S PRIOR EXPERIENCE/REFERENCES (Continued)
PRIOR SERVICES PERFORMED FOR:
ADDRESS
CITY
STATE
ZIP
STATE
ZIP
PERSON FAMILIAR WITH PERFORMANCE
TITLE
TELEPHONE NO.
DESCRIPTION OF PRIOR SERVICES PERFORMED:
CONTRACT PERIOD: FROM:
TO:
SUMMARY OF SERVICES PERFORMED:
PRIOR SERVICES PERFORMED FOR:
ADDRESS
CITY
PERSON FAMILIAR WITH PERFORMANCE
TITLE
TELEPHONE NO.
DESCRIPTION OF PRIOR SERVICES PERFORMED:
CONTRACT PERIOD: FROM:
SUMMARY OF SERVICES PERFORMED:
TO: