REQUEST FOR PROPOSAL #CCC-07-01 BOOKSTORE SERVICES … cctc01/bids... · Each school shall create a...

CCTC RFP #CCC-07-01

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REQUEST FOR PROPOSAL #CCC-07-01

BOOKSTORE SERVICES

BOARD OF TRUSTEES OF

CONNECTICUT COMMUNITY-TECHNICAL COLLEGES ON BEHALF OF PARTICIPATING

CONNECTICUT COMMUNITY COLLEGE SCHOOLS

CCTC RFP #CCC-07-01

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Board of Trustees of Connecticut Community-Technical Colleges On Behalf of Participating Connecticut Community College Schools

Request for Proposal CCC-07-01

Bookstore Services

TABLE OF CONTENTS Page #

0. INTRODUCTION.................................................................................................................. 1 0.1. Invitation to Bid ........................................................................................................ 1 0.2. Description of Project.............................................................................................. 2 0.3. General Bidding Instructions.................................................................................. 3

1. CONTRACT PERIOD.......................................................................................................... 6 2. PARTIES TO THE CONTRACT ........................................................................................ 6 3. AWARD PROCESS ............................................................................................................. 7 4. EVALUATION METHOD..................................................................................................... 7

4.1. Qualification Criteria................................................................................................ 7 4.2. Evaluation Criteria ................................................................................................... 8

5. STANDARD TERMS AND CONDITIONS........................................................................ 8

5.1. Entire Agreement..................................................................................................... 8 5.2. Nondisclosure .......................................................................................................... 8 5.3. Confidentiality........................................................................................................... 9 5.4. Promotion.................................................................................................................. 9 5.5. Quality Surveillance, Examination of Records & Inspection of Work .............. 9 5.6. Independent Contractor ........................................................................................ 10 5.7. Labor and Personnel............................................................................................. 10 5.8. Non-Discrimination ................................................................................................ 11 5.9. Americans With Disabilities Act........................................................................... 14 5.10. Executive Orders ................................................................................................... 14 5.11. Laws and Regulations .......................................................................................... 15 5.12. Indemnification ....................................................................................................... 15 5.13. Insurance ................................................................................................................ 16 5.14. Non-Waiver............................................................................................................. 16 5.15. Subpoenas.............................................................................................................. 17 5.16. Survival.................................................................................................................... 17 5.17. Sovereign Immunity............................................................................................... 17 5.18. Third Parties ........................................................................................................... 17 5.19. Assignment ............................................................................................................. 17 5.20. Severability ............................................................................................................. 18 5.21. Headings ................................................................................................................. 18

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TABLE OF CONTENTS (Continued) Page #

6. SPECIAL TERMS AND CONDITIONS........................................................................... 18 6.1. Start Up Terms and Conditions ........................................................................... 18 6.2. Contract Cancellation............................................................................................ 18 6.3. Excused Performance........................................................................................... 19 6.4. Use of Facilities...................................................................................................... 19

7. TERMS AND CONDITIONS OF BOOKSTORE OPERATIONS................................. 21

7.1. General Bookstore Services ................................................................................ 21 7.2. Hours of Operation ................................................................................................ 22 7.3. Pricing...................................................................................................................... 23 7.4. Used Books/Book Buy-Backs .............................................................................. 23 7.5. Refunds ................................................................................................................... 23 7.6. Commissions, Accounting and Payments ......................................................... 24 7.7. Personnel, Employment Practices and Staffing................................................ 25

8. BIDDER’S QUALIFICATIONS AND REQUIRED INFORMATION ............................. 26

8.1. Qualification Criteria.............................................................................................. 27 8.2. Evaluation Criteria ................................................................................................. 28

9. RFP SUBMITTAL FORM .................................................................................................. 31 10. SUPPLEMENTARY SCHEDULES.................................................................................. 33

10.1. Schedule A: Combined Fund Fall Enrollment ................................................... 34 10.2. Schedule B: Net Sales by School April 1, 2004 through March 31, 2005 .... 35 10.3. Schedule C: Estimated Schools’ Unamortized Liability at July 1, 2007 ........ 36 10.4. Schedule D: Bookstore Locations, Websites, and Square Footage ............ 37 10.5. Schedule E: Academic Terms ............................................................................. 38

11. INFORMATIONAL DOCUMENTATION ACCESSED FROM RFP WEBSITE ......... 39

Doc 1: CCTC 5 Year Capital Plan FY2005-2010......................................................... 39 Doc 2: Code of Ethics for State Employers .................................................................. 39 Doc 3: Executive Orders .................................................................................................. 39

12. ADDITIONAL INFORMATIONAL LINKS ........................................................................ 39

Link 1: Affidavits ................................................................................................................ 39 Link 2: Gov. Rell Affirmative Action Policy Statement................................................. 39 Link 3: CCC Enrollment Reports .................................................................................... 39 Link 4: Connecticut Community College Main Website .............................................. 39

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REQUEST FOR PROPOSAL BOOKSTORE SERVICES

Board of Trustees of Connecticut Community-Technical Colleges

On Behalf of Connecticut Community College Participating Schools 61 Woodland Street Hartford, CT 06105

0. INTRODUCTION

0.1. Invitation to Bid

a) The Board of Trustees of Connecticut Community-Technical Colleges hereinafter referred to as “BOT”, on behalf of Connecticut Community College participating schools, hereinafter referred to as “Schools” or “School” invites your company to submit a sealed proposal for the operation of its contracted full-line bookstores.

b) Connecticut's Community Colleges and their educational centers are

located all across Connecticut. They enroll nearly 50,000 students in credit programs each year leading to a degree or certificate, with another 45,000 students in non-credit, skill-building programs. Convenient locations and schedules, an open door admissions policy, extensive student support services, childcare services, on-line degree programs and library resources make higher education accessible for all Connecticut citizens. The Connecticut Community Colleges make educational opportunities and services available for a wide array of non-traditional students including those with disabilities, the elderly, the institutionalized, and the homebound.

http://www.commnet.edu/choice/colleges.asp

http://www.commnet.edu/admissions/

http://www.commnet.edu/services/oncampus.asp

http://www.commnet.edu/services/oncampus.asp

http://www.commnet.edu/library.asp

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0.2. Description of Project

a) The BOT seeks a full-service, high quality, cost effective solution to the Bookstore service needs of our Schools. These services must be provided in a manner which shall enhance campus academic and student life programs. The BOT seeks to develop innovative solutions to complement our mission to make educational excellence and the opportunity for lifelong learning affordable and accessible to all Connecticut Citizens.

b) The successful bidder, hereinafter referred to as “Contractor” shall be

required to do all things necessary to commence operation of the Bookstores as per these proposal documents and specifications for all services stated herein. Each store shall be operated in accordance with the highest standards and commercial practices in the college bookstore industry.

c) The Connecticut Community Colleges continue to undergo significant

facility additions, improvements and relocations. Bidders are requested to include descriptions of their financial investment intent regarding major school facility projects and routine renovations and/or upgrades of existing stores as further defined in Section 8. Additional documentation regarding Board of Trustees Community-Technical Colleges Facilities and Capital Budget Plan can be accessed from the RFP website.

d) The BOT endorses the following bookstore practices for all Schools:

Each school shall create an ad hoc textbook committee

which includes representatives from the student body, the book store, the college administration, faculty, and staff.

Each school shall create a system within each book store

where students can charge purchases of textbooks and class materials against their financial aid award.

Each school shall create a computerized system to allow

students advance access to textbook information for the following semester, including the title, author, price, and ISBN.

Each school shall create a practice which supports faculty

ordering textbooks and classroom materials for the following semester at an early date which allows each book store to

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provide a “buyback” opportunity to students who wish to sell their books back to the book store for reuse.

e) The Contractor will work cooperatively with the Schools to ensure the

highest level of services afforded to students. This may include, but is not limited to, textbook pricing practices, technology integration and data exchange, strengthening faculty relationships in an effort to minimize textbook costs, providing student friendly policies and procedures, and partnering in college facility projects.

0.3. General Bidding Instructions

a) This request for proposal consists of the items listed in the table of contents and any addenda which may be issued. The foregoing items are hereinafter referred to as either the “Proposal Document” or “Contract Document”.

b) The bidder shall bear all costs associated with the bidder’s response

to this request for proposal including the costs of any presentation and/or demonstration.

c) Any restriction on the use of data contained within a request must be

clearly stated in the proposal itself. Proprietary information submitted in response to a request shall be handled in accordance with applicable State of Connecticut procurement regulations and the Connecticut public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the contractor’s responsibility to defend the determination in the event of an appeal or litigation.

d) Any material submitted by the contractor in response to this request

that the contractor considers confidential and proprietary information and which qualifies as a trade secret or material which can be kept confidential under the Connecticut’s open records law, must be identified on a Designation of Confidential and Proprietary Information list to be appended to the proposal. Proposal prices cannot be held confidential.

e) Under no circumstances, may the bidder or its representative contact

any employee or representative of the BOT or Schools regarding the RFP prior to the closing date, other than as provided in this paragraph 0.3.e Strict adherence to this procedural safeguard is required and appreciated. Any violation of this condition may result in the bidder

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being considered non-compliant and ineligible for award. All requests for clarification must be emailed to:

Beverly Lambert Email Address: [email protected] Line: Sealed Bid CCC-07-01

All email requests for clarification must be received by 4:30 p.m. Thursday, November 30, 2006.

f) A Bidders Conference will be held on December 1, 2006 at 10:00 a.m.

at Manchester Community College. The room number will be posted on the RFP website prior to the meeting.

g) The BOT’s response to all requests for clarification, together with a

copy of the request for clarification will be provided contemporaneously by the BOT to each known party receiving this RFP. No addenda shall be issued later than seven (7) days prior to the date for receipt of proposals except addendum, if necessary, postponing the date for receipt of proposals or withdrawing the RFP. The solicitation, as well as all addenda, will be posted on the following two (2) websites:

http://www.commnet.edu/finance/rfp.asphttp://www.das.state.ct.us/Purchase/Portal/portal_Bids_Open.asp?F_Bid_Type=2

h) Sealed proposals shall be received by the BOT until 2:25 pm,

Wednesday, January 3, 2007. Each bidder must furnish an original copy of the proposal and six (6) photocopies. Proposals must be delivered to:

Beverly Lambert Director of Budget and Finance Board of Trustees of Community-Technical College Ref: Sealed Bid CCC-07-01 61 Woodland Street Hartford, CT 06105

i) All proposals must be submitted on the RFP Submittal Form

accompanying these specifications and must be enclosed in a sealed envelope plainly marked “Proposal on Bookstore Services” and addressed, mailed or delivered to the place specified in paragraph 0.3.h above. Bidders shall be responsible for the actual delivery of proposals during business hours at the specified address, and it shall not be sufficient to show that a proposal was mailed in time to be received before scheduled closing time for receipt of proposals. Note that neither late bids nor faxed bids shall be accepted. The BOT is not responsible for delays in the delivery of mail by the US Postal Service,

mailto:[email protected]

http://www.commnet.edu/finance/rfp.asp

http://www.das.state.ct.us/Purchase/Portal/portal_Bids_Open.asp?F_Bid_Type=2

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private couriers, or its internal agency mail system. It is the sole responsibility of the Bidder to insure that its bid reaches the appropriate destination prior to the required date/hour.

j) Any respondent may withdraw their proposal at any time prior to the

scheduled closing time for the receipt of proposals but the respondent may not withdraw their proposal for a period of sixty (60) days after the scheduled closing time for the receipt of proposals. All proposals shall remain firm for a minimum of sixty (60) days from the date of proposal opening.

k) The bids will be opened publicly at 2:30 pm on Wednesday, January 3,

2007 at the address specified in paragraph 0.3.h. At that time only the names and addresses of each bidder will be read as well as an initial determination as to whether or not the bid appears to be qualified. Records will not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

l) Modification or corrections of a previously submitted proposal are to

be addressed in the same manner as the original proposal and shall be considered by the BOT if received prior to the scheduled closing time for receipt of proposals. Oral or telephonic modifications or corrections shall not be recognized or considered.

m) Bidders are invited to inspect the project sites completely prior to

submitting proposal in order to determine all requirements associated with the contract. Failure to inspect adequately shall not relieve the contractor from the necessity of furnishing and installing, without additional cost to the Schools, any materials and equipment or performing any labor that may be required to carry out the intent of the contract. For a site inspection appointment Bidders are requested to contact:

James McDowell Director of Finance and Administrative Services Manchester Community College Great Path Manchester, CT 06045-1046 Telephone: 860-512-3632

n) Upon selection of the proposal determined by the BOT to be in the best interest of the Schools, the negotiated contract shall be formally executed pursuant to the proposal submittal forms included herein.

o) All bidders shall be notified by mail of the selection of the successful

Bidder.

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1. CONTRACT PERIOD

a) The BOT shall grant the Bidder rights as per specifications to operate the bookstores of the Schools for a period of five (5) years commencing on or about July 1, 2007 through June 30, 2012.

b) After the initial contract year, the parties upon mutual agreement may

adjust the specific terms, and commissions or guarantees of this contract where circumstances beyond the control of either party require adjustments. The terms, guarantees and percentage commissions shall not be renegotiated to the disadvantage of the Schools or students. All adjustments shall be reduced to writing to the BOT and submitted for all necessary approvals prior to becoming effective to the appropriate agencies of the State of Connecticut. All required contract amendment(s) shall be issued by the BOT.

c) It is specifically understood and agreed that such items relative to

Bookstore service which are not herein covered may be added to this proposal and resulting contract by the BOT without voiding in any manner the provisions of the existing contract. The contractor with such additional consideration as is necessary to make it legally enforceable shall furnish the BOT such additional coverage. It is the intent of the BOT to acquire Bookstore services exclusively from the contractor.

2. PARTIES TO THE CONTRACT 2.1. The contract shall be awarded by the BOT on behalf of the Schools to the

Bidder for the provision of Bookstore services according to the terms set forth herein.

2.2. Each School shall designate a representative to function as a Bookstore

Liaison, hereinafter referred to as “School Liaison”.

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2.3. Participating Schools The terms and conditions of this contract shall be applicable to bookstore services at each of these participating School locations:

Asnuntuck Community College, Capital Community College, Gateway Community College

(Long Wharf and North Haven Campuses), Housatonic Community College, Manchester Community College, Middlesex Community College, Northwestern Connecticut Community College, and Three Rivers Community College

(Mohegan and Thames Valley Campuses).

3. AWARD PROCESS

3.1. The BOT reserves the right to accept or reject any and all proposals, to waive any technicality in any proposal submitted, and to accept any part of a proposal deemed to be in the best interest of the Schools.

3.2. The negotiated award shall be made to the Bidder with the proposal

which the BOT determines is in the best interest of the Schools. From the total information received, determination shall be made by the BOT of the bidder’s demonstrated financial, managerial and operational ability and resources to serve the Schools. Representatives from the BOT reserve the right to inspect the bidder’s facilities and other operations under the contractor’s management prior to award of this proposal.

3.3. Deviations and exceptions from terms, conditions, or specifications shall

be described fully, on the bidder’s letterhead, signed and attached to the request. In the absence of such statement, the proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder shall be held liable.

4. EVALUATION METHOD

4.1. Qualification Criteria Only proposals from financially responsible organizations or individuals, as determined by the BOT, presently engaged in the business of multi-college bookstore operations of similar complexity with the financial capacity sufficient to undertake and to support the terms of the contract shall be considered. Each proposal shall be evaluated first on whether required qualification criteria are met on a pass/fail basis. All bidders will be notified by mail regarding their proposals qualification status.

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4.2. Evaluation Criteria a) All qualified proposals shall be evaluated by an evaluation committee

using a point’s earned matrix. Evaluations and selection of Contractor shall be based on the information submitted in the proposals plus any required oral presentations.

b) All qualified bidders will also be required to make oral presentations.

In conducting these discussions, there shall be no disclosure or any information obtained from any competing bidder. These presentations shall be scheduled and held after receipt of the proposals to provide an opportunity for the bidder to supplement and/or clarify the proposal and for the evaluation team to ask questions. Should a bidder refuse to honor the request for oral presentation, it may result in disqualification.

c) All qualified proposals shall be evaluated based on, but not limited to,

the following summary criteria.

Summary Criteria

Points Available

Firm information and experience 15 Commissions, book scholarships and pricing 30 Student benefit and services 30 Financial investment 20 Quality of the proposal and other factors 5

TOTAL POINTS 100

5. STANDARD TERMS AND CONDITIONS

5.1. Entire Agreement The negotiated contract shall embody the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, offers, counteroffers and understandings of the parties, whether written or oral. The negotiated contract will be entered into after full investigation, neither party relying upon any statement or representation by the other unless such statement or representation is specifically embodied in the contract. No changes, amendments, or modifications of the contract shall be valid unless reduced to writing, signed by both parties, and where applicable, approved by the Attorney General or his Designee. The contract shall inure to the benefit of each party’s heir, successors, and assigns.

5.2. Nondisclosure

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The Contractor shall not release any information concerning the services provided pursuant to the contract or any part thereof to any member of the public, press, business entity or any official body unless prior written consent is obtained.

5.3. Confidentiality

All data provided to the Contractor by the BOT or developed internally by the Contractor with regard to the BOT will be treated as proprietary to the BOT and confidential unless the BOT agrees in writing to the contrary. The Contractor agrees to forever hold in confidence all files, records, documents, or other information as designated, whether prepared by the state or others, which may come into the Contractor’s possession during the term of this agreement, except where disclosure of such information by the Contractor is required by other governmental agency to ensure compliance with laws, rules or regulations, and such disclosure shall be limited to that actually so required. Where such disclosure is required, the Contractor shall provide advance notice to the BOT of the need for the disclosure and will not disclose absent consent from the BOT.

5.4. Promotion

Unless specifically authorized in writing by the BOT, the Contractor shall have no right to use, the name of the State, or the Board of Trustees of Community-Technical Colleges, or of the Schools, or their respective officials, agencies, or employees or the seal of the State of Connecticut or its agencies (1) in any advertising, publicity, promotion; or (2) to express or imply any endorsement of the Contractor’s products or services; or (3) to use the name of the State of Connecticut, its officials, agencies, or employees, or the seal or logo of the State of Connecticut or its agencies in any other manner, except only to manufacture and deliver in accordance with the contract such items as are hereby contracted for the State. In no event may the Contractor use the State Seal in any way without the express written consent of the Secretary of the State.

5.5. Quality Surveillance, Examination of Records & Inspection of Work

All services performed by the Contractor shall be subject to the inspection and approval of the BOT and the Schools at all times, and the Contractor shall furnish all information concerning the services. The State or its representatives shall have the right at reasonable hours to examine any books, records, and other documents, and to monitor or evaluate the work performed by the Contractor or its subcontractors pertaining to work performed under the contract and the Contractor shall allow such representatives free access to any and all such books, records and worksite. The BOT/Schools shall give the Contractor at least twenty-four (24) hours notice of such intended examination or inspection, which shall be performed in such a manner as will not unduly disrupt or delay the

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Contractor’s work. At the BOT/School’s request, the Contractor shall provide the BOT/School with hard copies or magnetic disk or tape containing any data or information in the possession or control of the Contractor which pertains to the State’s business under this contract. The Contractor shall retain and maintain accurate records and documents relating to performance of services under the contract for a minimum of three (3) years after the final payment by the Contractor and shall make them available for inspection and audit by the BOT/Schools.

5.6. Independent Contractor

The Contractor represents that it is fully experienced and properly qualified to provide the services provided herein, and that it is properly licensed, equipped, and financed to perform such services. If applicable, at the BOT’s request the Contractor shall deliver copies of any and all current license(s) and registration(s) relating to the services to be performed under the contract, as evidence that such are in full force and effect. The Contractor shall act as an independent contractor in performing the contract, maintaining complete control over its employees and all of its subcontractors. The Contractor shall furnish fully qualified personnel to perform the services of the contract. The Contractor shall perform all services in accordance with its methods, subject to compliance with the contract and all applicable laws and regulations. It shall be acknowledged that the services rendered by the Contractor to the BOT/Schools hereunder do not in any way conflict with other contractual commitments with or by the Contractor.

5.7. Labor and Personnel

a) At all times, the Contractor shall utilize approved, qualified personnel necessary to perform the services under this contract. The Contractor agrees not to subcontract any of the services to be provided under the contract without the prior written permission of the BOT. The Contractor shall advise the BOT promptly, in writing, of any labor dispute or anticipated labor dispute or other labor related occurrence known to the Contractor involving the Contractor’s employees or subcontractors which may reasonably be expected to affect the Contractor’s performance of services under the contract. The BOT may then, at its option, ask the Contractor to arrange for temporary employee(s) or subcontractor(s) satisfactory to the BOT to provide the services otherwise performable by the Contactor hereunder. The Contractor shall be responsible to the Schools for any economic detriment caused the Schools by such subcontract arrangement.

b) The Contractor shall, if requested to do so by a School, reassign from

the BOT’s account any employee or authorized representative whom the School at its sole discretion, determines is incompetent, dishonest,

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or uncooperative. In requesting the reassignment of an employee under this paragraph, the School shall give ten (10) days notice to the Contractor of the School’s desire for such reassignment. The Contractor shall then have five (5) days to investigate the situation and attempt, if it so desires, to satisfy the School that the employee should not be reassigned; however, the School’s decision in its sole discretion after such five (5) day period shall be final. Should the School still desire reassignment, then five (5) days thereafter, or ten (10) days from the date of notice of reassignment, the employee shall be reassigned from the BOT’s account.

5.8. Non-Discrimination

a) For the purpose of this paragraph 5.8, “minority business enterprise” means any small contractor or supplier of materials fifty-one percent or more of capital stock, if any, or assets of which is owned by a person or persons: (i) who are active in the daily affairs of the enterprise, (ii) who have power to direct the management and policies of the enterprise, and (iii) who are members of a minority, as such term is defined in subsection (a) of Conn. Gen. Stat. Sec 32-9n; and “good faith” means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. “good faith efforts” shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.

b) For the purpose of this paragraph 5.8, “Commission” means the

Commission on Human rights and Opportunities. c) For the purpose of the paragraph 5.8, “public works contract” means

any agreement between any individual, firm or corporation and the State or any political subdivision of the State other than a municipality for construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, or which is financed in whole or in part by the State, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.

d) The Contractor agrees and warrants that in the performance of the

contract such Contractor shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation or physical disability, including, but not to be limited to, blindness, unless it is shown by such Contractor that such disability prevents performance of the work involved, in any manner prohibited

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by the laws of the United States or of the State of Connecticut. The Contractor further agrees to take affirmative action to ensure that applicants with job- related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation or physical disability including, but not to be limited to, blindness, unless it is shown by such Contractor that such disability prevents performance of the work involved;

e) The Contractor agrees, in all solicitations or advertisements for

employees placed by or on behalf of the Contractor, to state that it is an “affirmative action-equal opportunity employer” in accordance with regulations adopted by the Commission;

f) The Contractor agrees to provide each labor union or representative of

workers with which the Contractor has a collective bargaining agreement or other contract or understanding and each vendor with which the Contractor has a contract or understanding, a notice to be provided by the Commission, advising the labor union or worker’s representative of the Contractor’s commitment under this section and to post copies of the notice in conspicuous places available to employees and applicants for employment.

g) The Contractor agrees to comply with each provision of this Section

and Conn. Gen. Stat. Secs. 46a-68e and 46a-68f and with each regulation or relevant order issued by said Commission, pursuant to Conn. Gen. Stat. Sec. 46a-56, as amended by Section 5 of Public Act 89-253, Conn. Gen. Stat. Sec. 46a-68e and Conn. Gen. Stat. Sec. 46a-68f.

h) The Contractor agrees to provide the Commission on Human Rights

and Opportunities with such information requested by the Commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the Contractor as related to the provisions of this section and Conn. Gen. Stat. Sec. 46a-56. If the contract is a public works contract, the Contractor agrees and warrants that it will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public work projects.

i) Determination of the Contractor’s good faith efforts shall include, but

shall not be limited to, the following factors: The Contractor’s employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the

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Commission may prescribed that are designed to ensure the participation of minority business enterprises in public works projects.

j) The Contractor shall develop and maintain adequate documentation,

in a manner prescribed by the Commission, of its good faith efforts.

k) The Contractor shall include provisions of subsections 5.8.d thorough 5.8.h of this paragraph 5.8 in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the State and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission. The Contractor shall take such action with respect to any such subcontract or purchase order as the Commission may direct as a means of enforcing such provisions including sanctions for noncompliance in accordance with Conn. Gen. Stat. Sec. 46a-56, as amended by Section 5 of Public Act 89-253; provided is such Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Commission, the Contractor may request the State of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the State and the State may so enter.

l) The Contractor agrees to comply with the regulation referred to in this

paragraph 5.8 as they exist on the date of the agreement and as they may be adopted or amended from time to time during the term of this agreement and any amendments thereto.

m) The Contractor agrees to the following provisions: The Contractor

agrees and warrants that in performance of the agreement such Contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or the State of Connecticut, and the employees are treated when employed without regard to their sexual orientation; the Contractor agrees to provide each labor union or representative of workers with which such Contractor has a collective bargaining agreement, or other contract or understanding and each vendor with which such Contractor has a contract or understanding, a notice to be provided by the Commission on Human rights and Opportunities advising the labor union or workers’ representative of the Contractor’s commitment under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; the Contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said Commission pursuant to Conn. Gen. Stat. Sec. 46a-56; the Contractor agrees to provide the

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Commission on Human Rights and Opportunities with such information requested by the Commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the Contractor which relate to the provisions of this Section and Conn. Gen. Stat. Sec. 46a-56.

n) The Contractor shall include provisions of the foregoing paragraph in

every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the State and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission. The Contractor shall take such action with respect to any such subcontract or purchase orders as the Commission may direct as a means of enforcing such provisions including sanctions for noncompliance in accordance with Conn. Gen. Stat. Sec. 46a-56; provided, if such Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Commission, the Contractor may request the State of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the State and State may so enter.

5.9. Americans With Disabilities Act

This clause applies to those Contractors which are or will become responsible for compliance with the terms of the Americans with Disabilities Act of 1990 during the term of the contract. Contractor represents that it is familiar with the terms of the Act and that it is in compliance with the law. Failure of the Contractor to satisfy this standard either now or during the term of the contract as it may be amended will render the contract voidable at the option of the State upon notice to the Contractor. Contractor warrants that it will hold the State harmless from any liability which may be imposed upon the State as a result of any failure of the Contractor to be in compliance with this Act.

5.10. Executive Orders This contract is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, Executive Order No. Seventeen of Governor Thomas J. Meskill, promulgated February 15, 1973, concerning the listing of employment openings and Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which are incorporated into and are made a part of the Contract as if they had been fully set forth in it. At the Contractor’s request, the BOT shall provide a copy of these orders to the Contractor. The Contract may also be subject to Executive Order No. 7C of Governor M. Jodi Rell, promulgated July 13, 2006,

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concerning contracting reforms and Executive Order No. 14 of Governor M. Jodi Rell, promulgated April 17, 2006, concerning procurement of cleaning products and services, in accordance with their respective terms and conditions.

5.11. Laws and Regulations

a) The contract, and any and all disputes arising out of or in connection therewith, shall in all respects be governed by the laws of the State of Connecticut.

b) The Contractor, its employees and representatives shall at all times

comply with all applicable laws, ordinances, statutes, rules, regulations, and orders of governmental authorities, including those having jurisdiction over its registration and licensing to perform services under the contract.

c) The Contractor agrees that the sole and exclusive means for the

presentation of any claims against the State, the Board of Trustees of Community-Technical Colleges or the Schools, arising from the contract shall be in accordance with chapter 53 of the Connecticut general Statutes (Claims Against the State) and the Contractor further agrees not to initiate legal proceedings in any state or federal court in addition to, or in lieu of, said Chapter 53.

5.12. Indemnification

(a) The Contractor shall indemnify, defend and hold harmless the State and its officers, representatives, agents, servants, employees, successors and assigns from and against any and all (1) claims arising, directly or indirectly, in connection with the Contract, including the acts of commission or omission (collectively, the “Acts”) of the Contractor or Contractor Parties; and (2) liabilities, damages, losses, costs and expenses, including but not limited to, attorneys’ and other professionals’ fees, arising, directly or indirectly, in connection with the Claims, Acts or the Contract. The Contractor shall use counsel reasonably acceptable to the State in carrying out its obligations under this section. The Contractor’s obligations under this section to indemnify, defend and hold harmless against Claims includes Claims concerning confidentiality of any part of or all of the Bid or any Records, any intellectual property rights, other proprietary rights of any person or entity, copyrighted or uncopyrighted compositions, secret processes, patented or unpatented inventions, articles or appliances furnished or used in the performance of the Company. (b) The Contractor shall reimburse the Agency for any and all damages to the real or personal property of the State caused by the Acts of the Contractor or any Contractor Parties. The State shall give the Contractor reasonable

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notice of any such claims. (c) The Contactor’s duties under this section shall remain fully in effect and binding in accordance with the terms and conditions of the Contract, without being lessened or compromised in any way, even where the Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims and/or where the State is alleged or is found to have contributed to the Acts giving rise to the Claims. (d) The Contractor shall carry and maintain at all times during the term of the Contract, and during the time that any provisions survive the term of the Contract, sufficient Commercial General Liability insurance to satisfy its obligations under this contract. The Contractor shall name the State as additional insured on the policy and shall provide a Certificate or a copy of the policy to the State prior to the effective date of the Contract. The Contractor shall not begin Performance until the delivery of the Certificate of Insurance to the Agency. (e) The rights provided in this section for the benefit of the Agency shall encompass the recovery of attorneys’ and other professionals’ fees expended in pursuing a Claim against a third party.

5.13. Insurance

Before commencing Performance, the Contractor shall obtain and maintain at its own cost and expense for the duration of the Contract, the following insurance:

a) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Coverage shall include Premises and Operations, Independent Contractors, Products and Completed Operations, Contractual Liability and Broad Form Property Damage coverage. If a general aggregate is used, the general aggregate limit shall apply separately to the project or the general aggregate limit shall be twice the occurrence limit.

b) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury. Coverage extends to owned, hired and non-owned automobiles. If the contractor does not own an automobile, but one is used in the execution of the contract, then only hired and non-owned coverage is required. If a vehicle is not used in the execution of the contract then automobile coverage is not required.

c) Professional Liability: $1,000,000 limit of liability. d) Workers’ Compensation and Employers Liability: Statutory

coverage in compliance with the Compensation laws of the State of Connecticut. Coverage shall include Employer’s Liability with minimum limits of $200,000 each accident, $500,000 Disease – Policy limit, $100,000 each employee.

5.14. Non-Waiver

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None of the conditions of this contract shall be considered waived by the State or the Contractor unless given in writing. No such waiver shall be a waiver of any past or future default, breach, or modification of any of the conditions of this agreement unless expressly stipulated in such waiver. In no event shall the provision by the State of any service to or the making by the State of any payment to the Contractor constitute or be construed as a waiver by the State of any breach of covenant, or any default which may then exist, on the part of the Contractor and the provision of any such service or making of any such payment by the State while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the State in respect to such breach or default.

5.15. Subpoenas In the event the Contractor records are subpoenaed pursuant to Conn. Gen. Stat. Section 36a-43, the Contractor shall, within twenty-four (24) hours of service of subpoena, notify the person designated for the state on page four of this agreement to receive contract questions, of such subpoenas. Within thirty-six (36) hours of services, the Contractor shall send a written notice of the subpoena together with a copy of the same to the person so designated for the State on page one of this agreement.

5.16. Survival The rights and obligations of the parties which by their nature survive termination or completion of the contract, including but not limited to those set forth herein in sections relating to Indemnity, Nondisclosure, Promotion, and Confidentiality, shall remain in full force and effect.

5.17. Sovereign Immunity Notwithstanding any provision to the contrary contained in this contract, it is agreed and understood that the State of Connecticut shall not be construed to have waived any rights or defenses of sovereign immunity which it may have with respect to all matters arising out of this contract.

5.18. Third Parties

The State shall not be obligated or liable hereunder to any party other than the Contractor.

5.19. Assignment The contract shall not be assigned by either party without the express prior written consent of the other.

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5.20. Severability If any part or parts of the contract shall be held to be void or unenforceable, such part or parts shall be treated severable, leaving valid the remainder of this contract notwithstanding the part or parts found to be void or unenforceable.

5.21. Headings The titles of the several sections, subsections, and paragraphs set forth in the contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of the agreement.

6. SPECIAL TERMS AND CONDITIONS

6.1. Start Up Terms and Conditions a) The Contractor shall be required to purchase the on-hand bookstore

inventory of all Schools on the same terms as purchased by the existing bookstore vendor.

b) The Contractor shall be responsible to pay the existing bookstore

vendor the remaining balance of the Schools’ unamortized liability on store upgrades and capital improvements as calculated in accordance with the terms and conditions of each Schools’ bookstore operating agreement.

6.2. Contract Cancellation

a) The BOT may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

b) The BOT may cancel the contract for breach, as determined by the

BOT, which shall consider such items as, but not limited to: insufficient insurance coverage, failure to provide required period statements or to pay period commission or guarantee payments due on or before the 15th day following the period in which they were earned, failure to enforce required standards of service, or quality of service is unsatisfactory to the Schools. This may include any cessation or diminution of service including but not limited to failure to maintain adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the contract which in the opinion of the Schools is not in its best interest or failure to comply with the terms of the contract.

c) The BOT shall provide ten (10) calendar days written notice of contract

breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the BOT may cancel the

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contract by giving sixty (60) days notice in writing by registered or certified mail of its intention to cancel this contract.

d) Should any School breach any terms or provisions of the contract, the

contractor shall serve written notice to the School liaison and the BOT setting forth the alleged breach and demanding compliance with the contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract.

6.3. Excused Performance

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at any of the Schools is interrupted or stopped, performance of this contract, with the exception of monies already due and owing the School, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused.

6.4. Use of Facilities

a) The Schools shall permit the Contractor to use such spaces as necessary to carry out the terms of this contract. Subsequent modifications of space needs shall be subject to mutual agreement of the School and Contractor.

b) The Contractor shall furnish all commodities, supplies, and equipment

herein specified and all management and labor necessary for the efficient, sanitary and economically sound operation of the specified services included in this contract, and any subsequent extensions and amendments.

c) The Contractor shall supply the necessary fixtures for the operations

of the store at the commencement of this agreement. All necessary display racks for clothing, supplies, sundries, etc. shall be provided by the Contractor. The Contractor shall provide newspaper and magazine racks. Any existing School owned fixtures may be used in the event that they are deemed adequate upon inspection by the School and the Contractor.

d) The Schools shall provide heat, air conditioning, sewer, electricity, and

cold and hot water. The Contractor agrees to exercise care to keep these energy services to a minimum, and comply with established

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energy conservation practices, regulations and policies and mutually endeavor to conserve the use of energies.

e) The Contractor shall be responsible for telephone installation and

charges.

f) The Contractor shall ensure cleanliness (at the Contractor’s expense) of the entire assigned space including equipment, floors, walls and counter areas at all times.

g) Each School shall have the right of inspection of all Bookstore areas,

storage and auxiliary service rooms and the on-site operation of the Contractor with respect to the quality and quantity of service, the method of service, service hours, and generally with respect to use, safety, sanitation and the maintenance of said premises, all of which shall be maintained at a level satisfactory to the School. Each School shall have the right to make, from time to time, reasonable regulations with regard to such matters, and the contractor agrees to comply with such regulations. Authorized representatives of the Schools shall have the full right of access to all areas of said premises at any and all times.

h) The Contractor and each School shall mutually determine

responsibility for control of keys and the security of those areas for which and when the Contractor’s representatives use them. The Contractor shall be responsible for immediately reporting to the School Liaison all the facts relating to losses incurred, and equipment damage or break-ins, to their equipment and areas of the School.

i) The Contractor shall maintain the premises in good condition and keep

them orderly and sanitary, in compliance with applicable laws, rules and regulations of the Schools and any governmental authority having jurisdiction over the premises.

j) The Contractor shall remove all waste packaging, master cartons,

boxes, etc., from service and storage areas to dumpsters provided and serviced by the School.

k) During the course of performing the service necessary to satisfy the

requirements of the contract the contractor is fully liable for public and private protection while work is in process or at any site exposed as a potential hazard. The Contractor must provide warning devices and/or signs, which shall be prominently installed and displayed, and be in full compliance with the aforesaid safety regulations.

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l) The Contractor, at its expense, may make alterations and facility change with the addition of decorative motif to the Bookstore that the Contractor feels essential to the contractor’s mode of operation. The Contractor shall propose any such alterations or facility changes to the School Liaison for prior approval.

m) All additions, alterations or improvements shall be made in a good and

workmanlike manner, in accordance with School approved plans and specifications and in compliance with all applicable statues, codes, ordinances, rules and regulations. The Contractor, at its own expense, shall carry sufficient insurance during the course of any remodeling, renovation or construction. The construction company hired by the Contractor shall be approved in advance by the School and must certify to pay prevailing wages to all workers. Any construction company hired by the Contractor must also provide proof of insurance coverage as required.

n) The Contractor shall be financially responsible for obtaining all

required permits, licenses, fees, and bondings to comply with pertinent School regulations, and municipal, state and federal laws, resolutions and policies and shall assume liability for all applicable taxes including but not restricted to sales and property.

o) All materials, equipment, and supplies provided to the State of

Connecticut must comply fully with all safety requirements as set forth by the Connecticut Administrative Code, rules of the Industrial Commission on Safety, and all applicable OSHA standards. The contractor shall provide the BOT with a complete copy of any report received from the Department of Health, OSHA, the Department of Labor, or any other official inspection agency within 48 hours.

7. TERMS AND CONDITIONS OF BOOKSTORE OPERATIONS

7.1. General Bookstore Services

a) The Contractor shall have the exclusive right, free from any alternate source endorsed, licensed or otherwise or supported by School (whether on campus, by catalog or through electronic commerce, including hyperlinks to alternate sources) to buy, sell, and distribute (including the right to select vendors) merchandise and services traditionally offered in college and university bookstores, including but not limited to: textbooks, clothing (whether or not emblematic), school supplies, desk accessories, gifts, souvenirs, course-adopted software and paper and electronic custom anthologies, sales of class rings,

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sales and rentals of graduation regalia, and textbook buybacks. Non-traditional services or items for sale shall require prior written approval by each School. This paragraph 7.1.a does not prohibit occasional sales by student groups or student government organizations that do not materially impact Store sales.

b) The BOT and Schools shall grant the Contractor the right, subject to

the School’s published standards, to use College’s seal, logotype, and associated trademarks and service marks on the Store’s Internet site, signage and collateral materials, and stationary, soft goods, notebooks, pens, pencils, decals and other goods traditionally sold in college and university bookstores. The Schools will not grant such right to any other online or brick-and-mortar retail bookseller during the term of this agreement.

c) It shall be the responsibility of the Contractor to obtain from each

School’s faculty each academic term (fall, spring, summer, and winter intersession (select Schools)) a list of texts and other books or materials faculty wish to use in their courses. The Contractor shall provide the forms required to accomplish this task.

d) It shall be the responsibility of the Contractor to electronically transmit

to each school prior to each academic term (fall, spring, summer (select Schools), winter intersession (select Schools)) a list of texts and other books or materials selected by School faculty for use in their courses. The purpose of this list is to allow students advance access to textbook information for the following semester. The list shall, at a minimum include the title, author, price and ISBN of each textbook.

e) The Contractor shall designate one (1) representative from each store

to represent the Contractor on each School’s textbook committee.

f) The Contractor agrees to place special orders for books requested by faculty, students or staff. Appropriate deposit requirements as a protection to the store are authorized.

g) The Contractor shall provide electronic publishing services for course

packs as a part of overall bookstore services.

7.2. Hours of Operation a) The Contractor shall be prepared to operate year-round, on-site

bookstore services, including certain designated days and times, as determined by each School. All operating hours and days or levels of service are subject to the written approval of each School.

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7.3. Pricing a) The Contractor shall not charge more than industry standard,

competitive and fair prices.

b) Bundling: Any store on a campus of a public institution of higher education that sells textbooks to students enrolled at such institution as part of a package with other study products recommended by the publisher shall also sell such textbooks separately. Any publisher that supplies the store with textbooks as part of a package shall also supply the store with textbooks to be sold separately. (Public Act 05-3, Section 70).

c) The bidder shall be required to provide a detailed proposal for the

pricing of: New Textbooks, Used textbooks, Trade, Reference and Technical Books General Merchandise Materials/Services not covered by above.

d) During the life of the contract, any proposed changes to the pricing

structure shall require School approval.

7.4. Used Books/Book Buy-Backs

a) The Contractor shall provide a book repurchase system that shall purchase hard and soft cover texts, other then workbooks or study guides from students.

b) The Contractor shall not purchase buy back books from students at

less than industry standard, competitive and fair prices.

c) The bidder shall be required to provide a proposal of book buy back policies and practices that meet the objectives of this proposal.

7.5. Refunds

a) The Contractor shall conspicuously post all sales and refund policies.

b) The Contractor agrees to refund or exchange without penalty any textbook within fifteen (15) working days of the beginning of the semester or within ten (10) working days from the start of any part-semester course for which the text was purchased. For summer school and winter intersession courses refunds may be made for five (5) working days from the beginning of each summer or intersession term.

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7.6. Commissions, Accounting and Payments a) Commissions shall be expressed on the included Proposal Submittal

Form by the Contractor based on gross revenue.

b) “Gross Revenue” shall, for any annual period, mean the aggregate revenues from all sales made by all Stores, including all sales made by or through all Stores’ world wide web pages, catalogs, or mail order functions (if any), less refunds, returns, taxes, and sales to the Contractor for Contractor funded scholarship students, all as reasonably calculated by the Contractor in accordance with generally accepted industry accounting principles. “Annual period” shall mean the period beginning on July 1 and ending on the ensuing June 30, and the word “annual” shall be deemed to refer to such annual period.

c) The Contractor shall pay each School the commission percentage of

each period gross revenues as defined in paragraph 7.6.b on or before the 15th day of the period following the last day of the month in which commissions were earned, and shall accompany this payment with a detailed explanation of dollar sales by item category.

d) On request of a School the Contractor shall meet with the School and

review each period statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Period statement adjustments required as a result of review and/or audit shall be identified and reflected on the next period statement.

e) Bookstore commissions and guarantee payments not received by the

Schools by the 15th day following the last day of the period in which it was earned shall be paid by the Contractor plus a minimum interest penalty on the commissions due at the prevailing interest percentage and conditions the State of Connecticut uses for delinquent income tax.

f) One year from the effective date of this contract, and each full year

thereafter during the life of the contract, the Contractor shall pay each School that portion of commissions due, if any, to equal the guaranteed annual commission required in this contract. Payments shall be made by the 15th day of the following accounting period in which they were earned and recorded as commissions paid in the year the guarantee was due.

g) Upon authorized and mutually agreed early termination of this

contract, partial year guarantee commissions due, if any, shall be determined by dividing the prior year commissions earned through the

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date of termination by the prior contract year total commission or guarantee received the prior year by the annual guarantee required per proposal submittal. If the resulting prorated guarantee is greater than the commissions received to date of termination, any balance due shall be paid the School by the 15th day of the following accounting period.

h) On expiration or termination of this contract commissions due each

School shall be paid on sales until all merchandise has been removed, and the removal date shall be indicated on the period statement.

i) The Contractor shall maintain complete and accurate records of sales

transactions for each School and location in accordance with accepted industry accounting practices, and shall keep in a safe place all such financial records and statements pertaining to the operations of each School bookstore for a period of three (3) years after the final payment by the contractor.

j) The School may annually, or more often if deemed necessary,

examine all financial and operational phases of the Contractor’s services. Periodic reviews, conducted jointly by representatives of the Schools and the contractor shall be made to ensure that commission and guarantee payments, pricing structure and other phases of the operation are conducted in the most efficient and financially sound basis.

k) Sales tax collected from customers shall be deducted from gross

revenues provided the customers are advised of the amount of sales tax they are paying by posted sign or printed notice. (Divide gross receipts by 1.06). The Contractor on request shall make available to the Schools copies of all sales and other excise tax reports, which the Contractor is required to furnish, and government or governmental agency which identify those revenues and resulting taxes generated at the School.

l) The School shall be advised by the Contractor of the schedule of the

Contractor’s audit of their records and operations of the School. Each School shall have the option to participate in the Contractor’s audits and may request a full report or these audits.

7.7. Personnel, Employment Practices and Staffing

a) The Contractor shall at all times maintain on duty for each School an adequate staff of employees for efficient operation. The Contractor shall provide expert administrative, purchasing, equipment consulting, and personnel supervision at each site. The Contractor shall obtain

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written School approval for assignment of store managers for the premises.

b) The Contractor shall provide headquarters management staff, made

known to the School by name, to routinely review and inspect operations, fill staff vacancies if necessary, consult with the School on current and future bookstore programs, and to act with full authority on the Contractor’s behalf in any and all matters pertaining to the specifications of this contract.

c) The Contractor shall give consideration to School students, when

employing part-time staff.

d) The Contractor shall maintain the resources and staff for continually providing satisfactory training and development programs for their employees at all levels of the organization. Regularly scheduled employee training shall be conducted by the Contractor regarding such subjects as marketing, customer service, supervision and store management. The Contractor shall be responsible for the expense of such training meetings.

e) The Contractor shall ensure that all employees are well groomed and

appropriately attired in order to optimize customer service image and practice.

f) The Contractor shall be solely responsible for employee

compensation, including all applicable taxes, insurance, records, payroll processing, applicable statutes and also for any losses incurred as a result of dishonest, fraudulent or negligent acts on the part of company employees or agents.

g) The Contractor shall ensure that all employees comply with all rules

and policies of the School, city, county, state, or other governmental units where applicable.

h) The Contractor shall maintain good public relations with all persons

and organizations using the services. 8. BIDDER’S QUALIFICATIONS AND REQUIRED INFORMATION

It is the purpose of this request for proposal to obtain complete data from each bidder to enable the BOT to determine which bidder is best able to serve all of the criteria, which are to be considered in the award of this contract.

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The Bidder shall furnish as a part of this proposal a complete and accurate description of capabilities in the field of Bookstore Operations. The award of an agreement will be based upon a comprehensive review, analysis and negotiation of the proposal, which best meets the needs of the Schools. The contract award will be based on a points-earned matrix derived from a technical and financial evaluation. The award shall be made to the most responsive bidder offering the best value and with the highest total matrix score as determined by the BOT. Submission of a proposal represents concurrence with this method of award. Furthermore, bidders will not dispute any award made using this method under any circumstances. All proposals meeting the qualification criteria will be evaluated by a committee, which will use the specific evaluation criteria listed below. The importance given to each element is represented proportionately by the respected weight assignments. Proposals will be evaluated as to the bidder’s response to the following criteria.

8.1. Qualification Criteria A statement of the bidder’s history, and experience in managing

a multi-college system bookstore operation. The bidder must currently own the specified business and must have owned and operated the business a minimum of five (5) years).

References from a minimum of five (5) clients currently under

contract with the company that indicate a high quality of service is consistently performed.

A list of five (5) related Bookstore industry and bank references

with which the company is currently transacting business. If your firm shall require monetary assistance to operate this account, state amount required and anticipated source.

Audited financial reports and/or business tax returns from the

preceding three (3) years to demonstrate that the bidder maintains the financial capacity to support the specified service.

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8.2. Evaluation Criteria

a) Firm Information and Accounting Practices Total Points Available: 15

A list of the firm’s principals with complete contact information.

A list of at least five (5) operations of similar complexity (may be a list of number of accounts). Provide the length of time at each account name, address and phone number of contact person of each operation.

A list of similar retail operations closed within the last three

years, including reason for closing or loss, and institutional contact information.

Descriptions of the bidder’s internal accounting program.

Other information relevant to these criteria.

Please note: if the bidder intends to subcontract a portion of the resulting contract, the terms of the proposal subcontract are to be described as a part of your response to the required bidder’s information. The BOT may request additional information related to any subcontract proposed.

b) Commissions, Book Scholarships, and Pricing

Total Points Available: 30 (Note: All items in this section 8.2.2 shall be proposed using the RFP Submittal Form.)

The total commission paid to Schools, guarantee or proposal,

whichever is greater.

Availability of bookstore scholarships for students.

A pricing proposal.

c) Student Benefit and Services: Total Points Available: 30

• A proposal of return and refund policies that ideally reflect the bidder’s understanding of student financial and service needs.

• A detailed statement of the bidder’s proposed buyback policies,

including but not limited to the bidder’s plan for offering students the

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fairest buyback book prices at the greatest convenience, as well as a proposed buyback schedule. Please note: the BOT is interested in proposals that incorporate innovative ideas to reduce the initial and net purchasing price for the student.

• A detailed description of the manner in which the bidder proposes

to work cooperatively with each School in an effort to ensure the highest level of services afforded to students. At a minimum. The following items shall be addressed:

o A statement regarding the bidder’s extent of commitment related to the bidder’s participation on School bookstore committees and to adhere to and enhance the BOT endorsed bookstore policies.

o A statement regarding the bidder’s ability to integrate technology into its daily bookstore operations. Note: the BOT is interested in reviewing plans that would allow future data exchange between the School and the bookstore for the purpose of allowing financial aid students to use an appropriate portion of that financial aid for textbook purchases in a timely and efficient manner.

o Other information relevant. • A description of the bidder’s faculty book adoption process that

addresses the bidder’s ability and willingness to provide textbook pricing information to faculty in a timely fashion.

• A table of bidder’s organization and a plan for the administrative

management, supervision and staffing required under the specifications of this contract, including regional and headquarters support and description of the qualifications of the manager candidates to be assigned to the Schools.

• A description of the bidder’s approach to meet the service

requirements of this contract that fully takes into account convenience to students and staffing needs that encompass evenings, weekends and some holidays.

• A description of the bidder’s training programs for employees,

supervisors and managers.

• A description of the firm’s Disaster/Contingency plans.

• Other information relevant to this criterion.

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d) Financial Investment Total Points Available: 20

A statement of the firm’s financial investment intent for providing assistance to Schools with major facilities projects.

A statement of the firm’s financial investment intent for routine

renovations and/or upgrades of existing stores.

A description in detail of program, preventive maintenance and regular replacement of worn and/or malfunctioning equipment and fixtures.

A proposal plan for advertising, merchandising and promotions for

the first year of the contract, including marketing programs and schedules for implementation.

Other information relevant to this criterion.

e) Quality of the Proposal and Other Factors Total Points Available: 5

The quality of the proposal, specifically, responsiveness to requirements and adequacy of information provided.

Organization and neatness.

A representative listing of products not intended to be offered at the

start of the contract.

Other factors relevant to the bidder’s capacity and willingness to satisfy the Schools’ requirements.

TOTAL MAXIMUM POINTS: 100

8.3. Please note: the BOT may request supplementary information as is

sufficient, in the opinion of the BOT, to assure the BOT that the bidder’s competence, business organization, and financial resources are adequate to successfully perform the specified service.

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9. RFP SUBMITTAL FORM Subject: RFP CCC-07-01 Bookstore Services We, the undersigned, in compliance with the Request for Proposal Number CCC-07-01 hereby propose the following commissions, student bookstore scholarships, and pricing to the Connecticut Community Colleges as follows. In making these proposals we acknowledge that we have read and understood this Request for Proposal and hereby submit our proposal in accordance with the terms and conditions of the proposal specifications and agree to fulfill our legal obligations pursuant to the attached contractual provisions.

Base Proposal: Commissions Offered on Annual Aggregate Amount of:

______% of Gross Revenues up to $____________ plus ______% of Gross Revenues over $____________, but less than $____________; plus ______% of Gross Revenues over $____________, but less than $____________; plus ______% of Gross Revenues over $____________, but less than $____________; plus ______% of Gross Revenues over $_________.

(Note: The Bidder is free to determine the actual number of tiers offered.) Are any guarantees offered? Yes ___ No ___ If Yes, please describe below. ______________________________________________________________________________________________________________________________________________________________________________

Student Bookstore Scholarships Offered:

______% of _____________; or $_____________ per School per Credit FTE per Term or Other (____________); or Other methodology as proposed below: ______________________________________________________________________________________________________________________________________________________________________________

Pricing Proposal

a) New textbooks shall be priced not more than the publisher’s list price or ______ percent gross margin (calculated as cost divided by __________) on net priced books. Please list any qualifications or restrictions.

________________________________________________________________________________________________________________________________________________________________________

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b) Used books, including cloth, paperback and others, shall be priced not more than _____________ percent of the new textbook selling prices. Please list any qualifications or restrictions.

________________________________________________________________________________________________________________

c) Trade, Reference and Technical Books shall be priced not more than ___________

percent gross margin (calculated as calculated as cost divided by _______). Please list any qualifications or restrictions below.

________________________________________________________________________________________________________________

d) General merchandise. Please indicate a pricing proposal.

________________________________________________________________________________________________________________

e) Any materials/services not covered by above. ________________________________________________________________________________________________________________

Each bidder must furnish all information required for the Base proposal. The person signing the proposal must initial erasures or other changes. Each bidder must furnish an original copy of the proposal and six (6) photocopies. Bidder’s proposal shall be made in the official name of the firm or individual under which business is conducted (showing official business address) and must be signed by a duly authorized person. Corporations must indicate place and date of signature and affix corporate seal. Proposal must be notarized.

Signed

Print Date

Print Title

Print Telephone

Print Firm

Print Street Address

Print City/State/Zip

Notarized By:

Commission Expires:

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10. SUPPLEMENTARY SCHEDULES

In an effort to provide the potential bidders of this contract with pertinent facts about the Connecticut Community Colleges, the following supplementary information is included in this RFP. The statistical data provided in this Schedule does not constitute terms of the resulting contract, nor are part of it, but are included for informational purposes.

Schedule A: Connecticut Community Colleges Combined Enrollment Fall 2003, Fall 2004 & Fall 2005

Schedule B: Connecticut Community Colleges Bookstore Net Sales

April 1, 2004 through March 31, 2005 Schedule C: Connecticut Community Colleges Estimated Schools’

Unamortized Liability of Store Upgrades and Capital Improvements at July 1, 2007

Schedule D: Connecticut Community Colleges Bookstore Locations,

Websites and Square Footage (Current and Planned) Schedule E: Connecticut Community Colleges Academic Terms

CCTC RFP #CCC-07-01

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10.1. Schedule A: Combined Fund Fall Enrollment

Connecticut Community Colleges

Schedule of Combined Fund** Fall Enrollment Fall 2003, Fall 2004 and Fall 2005

All Schools (Includes Non-Participating Schools)

Fall 2003 Fall 2004 Fall 2005

School Students FTE

Students FTE Students FTE

Asnuntuck CC* 1,476 734 1,504 759 1,483 786Capital CC* 3,381 1,795 3,436 1,846 3,573 1,933Gateway CC* 5,587 2,909 5,595 2,971 5,739 3,083Housatonic CC* 4,678 2,487 4,701 2,602 4,471 2,469Manchester CC* 5,717 3,249 5,906 3,499 6,135 3,712Middlesex CC* 2,400 1,245 2,354 1,312 2,286 1,287Naugatuck Valley CC 5,155 2,903 5,514 3,169 5,667 3,268Northwestern CT CC* 1,543 775 1,516 771 1,569 799Norwalk CC 6,047 3,278 5,790 3,225 6,036 3,316Quinebaug Valley CC 1,571 821 1,721 913 1,714 948Three Rivers CC* 3,622 1,892 3,764 2,033 3,660 2,020Tunxis CC 3,983 2,068 3,942 2,114 3,894 2,121

System Total 45,160 24,156 45,743 25,214 46,227 25,74

2 * Designates a participating School ** Combined fund enrollment includes general fund and credit extension enrollments.

Additional enrollment information can be accessed on the web at: http://www.commnet.edu/planning/Research/Enrollment/Enrollment.htm Note: This information is provided solely for informational purposes and does not imply that such enrollment will be reached for each year of the agreement.

http://www.commnet.edu/planning/Research/Enrollment/Enrollment.htm

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10.2. Schedule B: Net Sales by School April 1, 2004 through March 31, 2005


Schedule of Net Sales Generated from All Sources by School

For the 12 Month Period April 1, 2004 through March 31, 2005

Participating Schools

School

Gross Sales Asnuntuck CC $505,509 Capital CC $1,357,904 Gateway CC $2,093,733 Housatonic CC $1,822,888 Manchester CC $2,130,412 Middlesex CC $980,302 Northwestern CT CC $472,286 Three Rivers CC $1,634,098 Total $10,997,132

Note: This information is provided solely for informational purposes and does not imply that such sales will be reached for each year of the agreement.

CCTC RFP #CCC-07-01

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10.3. Schedule C: Estimated Schools’ Unamortized Liability at July 1, 2007


Estimated Schedule of Participating Schools’ Unamortized Liability

of Store Upgrades and Capital Improvements at July 1, 2007

Asnuntuck CC $60,000 Capital CC $15,000 Gateway CC NA Housatonic CC NA Manchester CC $25,000 Middlesex CC $1,500 Northwestern CT CC $3,000 Three Rivers CC $35,000 Total $139,500

CCTC RFP #CCC-07-01

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10.4. Schedule D: Bookstore Locations, Websites, and Square Footage (Current and Planned)

Connecticut Community Colleges Schedule of Locations, Websites and Bookstore Square Footage

Participating Schools

School/Website Address

Current

Sq Ft Planned

Sq Ft*Asnuntuck CC www.acc.commnet.edu

170 Elm Street Enfield, CT 06082 1,400 1,400

Capital CC www.ccc.commnet.edu

950 Main Street Hartford, CT 06103 1,991 1,991

Long Wharf Campus60 Sargent Drive

New Haven 06511 1,859 -0-North Haven Campus

88 Bassett Road North Haven, CT 06473 1,040 -0-

Gateway CC www.gwcc.commnet.edu

New Haven CampusChurch Street

New Haven, CT 06510 -0- 3,180Housatonic CC www.hcc.commnet.edu

900 Lafayette Boulevard Bridgeport, CT 06604 2,500 3,045

Manchester CC www.mcc.commnet.edu

Great Path P.O. Box 1046

Manchester, CT 06045 4,020 4,020Middlesex CC www.mxcc.commnet.edu

100 Training Hill RoadMiddletown, CT 06457 644 644

Northwestern CT CC www.nwcc.commnet.edu

Park Place East Winsted, CT 06098 873 873

7 Mahan Drive Norwich, CT 06360 1,800 -0-

Three Rivers CC www.trcc.commnet.edu

574 New London Turnpike

Norwich 06360 -0- 2,865

Total 16,127 18,018 *reflects planned future bookstore space after major facility renovations and relocations are completed.

CCTC RFP #CCC-07-01

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10.5. Schedule E: Academic Terms


Schedule of Academic Terms Offered by School Fiscal Year 2005

School Fall and Spring Summer

Winter Intersession

Asnuntuck CC Yes Yes No* Capital CC Yes Yes Yes Gateway CC Yes Yes Yes Housatonic CC Yes Yes Yes Manchester CC Yes Yes Yes Middlesex CC Yes Yes Yes Northwestern CT CC Yes Yes Yes Three Rivers CC Yes Yes No** *Asnuntuck CC plans on running a winter intersession in the future. **Three Rivers CC may consider adding a winter intersession once their new campus is completed.

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11. INFORMATIONAL DOCUMENTATION ACCESSED FROM RFP WEBSITE Doc 1: CCTC 5 Year Capital Plan FY2005-2010

Doc 2: Code of Ethics for State Employers

Doc 3: Executive Orders

12. ADDITIONAL INFORMATIONAL LINKS

Link 1: Affidavits (Required only upon execution of contract) http://www.ct.gov./ag/cwp/view.asp?a=2179&q=294718

Link 2: Gov. Rell Affirmative Action Policy Statement

http://www.ct.gov/governorrell/cwp/view.asp?a=1809&Q=310532

Link 3: CCC Enrollment Reports


Link 4: Connecticut Community College Main Website

http://www.commnet.edu/

http://www.commnet.edu/finance/docs/Doc%201%20CCTC%205%20Year%20Capital%20Plan%20FY2005%20-%202010.pdf

http://www.commnet.edu/finance/docs/Doc%202%20Code%20of%20Ethics%20for%20State%20Contractors.pdf

http://www.commnet.edu/finance/docs/Doc%203%20Executive_Orders.pdf

http://www.ct.gov./ag/cwp/view.asp?a=2179&q=294718

http://www.ct.gov/governorrell/cwp/view.asp?a=1809&Q=310532


http://www.commnet.edu/

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