Procurement #16873



Title
Beverage Gas Vendor
Status
Archive
OpenDate
03/13/2018
CloseDate
04/05/2018
Description
Sealed bids are being solicited by Cherokee Nation Businesses, L.L.C. or the Cherokee Nation Businesses, L.L.C. wholly-owned entity identified in the attached Statement of Work (“Company”) to furnish information for BEVERAGE GAS VENDOR.
Detail
All proposals should be sent by express delivery, regular mail or hand delivery to Company’s Catoosa Corporate office at the following address, to be received no later than IF BY EXPRESS DELIVERY OR REGULAR MAIL Cherokee Nation Businesses, L.L.C. Attn: John Molinar 777 W. Cherokee Street Catoosa, Oklahoma 74015 IF BY HAND DELIVERY Cherokee Nation Businesses, L.L.C. Attn: John Molinar Corp. Building #3 1102 N. 193rd East Ave. Catoosa, OK 74015 The bidder must supply all the information required by the RFP Documents, hereinafter defined. SECTION II INSTRUCTIONS TO BIDDER 1.00 DEFINITIONS 1.01 The “RFP Documents” shall mean and shall include the Solicitation to Bid; Instructions to Bidder; Bid Schedule; Statement of Work; Drawings and Specifications, and all other attachments, exhibits and other documents attached hereto and/or incorporated by reference herein. 1.02 “Company” refers to Cherokee Nation Businesses, L.L.C. or the Cherokee Nation Businesses, L.L.C. wholly-owned entity soliciting bids . and/or proposals for the Work described in the Statement of Work. 1.03 “Company Representative” refers to the Company personnel who has been designated as the Project Manager as identified in Section I, Solicitation to Bid, or other authorized representative of Company as may be designated in writing. 1.04 “Contractor” refers to the party acting directly or through agents, subcontractors, or employees and is currently under contract with the Company or upon the award of the bid will enter into a contract directly with the Company. 1.05 “Subcontractor” refers to the party contracting with the Contractor for any part of the Work as defined in the Statement of Work. 1.06 “Work” includes all services to be performed or things to be furnished by the Contractor, or both services and things, as the context reasonably requires, including all supervision, labor, materials, supplies, tools, equipment, light, water, fuel, power, heat, transportation, or other facilities necessary for the discharge of all of Contractor’s obligations as described in the Statement of Work. 2.00 DESCRIPTION OF WORK 2.01 The Work to be performed is described in Section III, Statement of Work and Specifications, of the enclosed RFP Documents. 3.00 FAMILIARITY WITH RFP DOCUMENTS AND PROPOSED WORK 3.01 The bidder has the responsibility for examination of all RFP Documents, inspection of all work sites, and familiarization with all conditions concerning the Work. Failure or neglect of the bidder to discharge this responsibility will not excuse nonperformance. 3.02 The bidder has the responsibility to estimate the time and quantities of work required to complete the Work. Failure or neglect of the bidder to discharge its responsibility will not excuse nonperformance. 3.03 Company may require prospective bidders to complete a Non-Disclosure Agreement prior to providing the Statement of Work to a prospective bidder. 4.00 BIDDING INSTRUCTIONS 4.01 The bidder shall make its bid by inserting the bidder's figure in the applicable blanks of the Bid Schedule provided in the Statement of Work, by initialing those inserted figures, by completing any forms, and by returning the completed Bid Schedule to the Company. 4.02 The bidder must furnish with its bid, a completed, signed and notarized Business Relationship Affidavit, a copy of which is included in the RFP Documents as Section IV. 4.03 The bidder must furnish with its bid, a completed, signed and notarized Non-Collusion Affidavit, a copy of which is included in the RFP Documents as Section V. 4.04 The bidder must provide, with its bid, certificates of insurance on an ACORD 25 or 25S form evidencing that the bidder at the time of the bid is carrying the minimum insurance coverages outlined in Section IX Bond and Insurance Requirements below. 4.05 This procurement is subject to the rules and regulations of the Cherokee Nation Tribal Employment Rights Office (“TERO”), as adopted and authorized by the Cherokee Nation Tribal Employment Rights Act (Title 40 of the Cherokee Nation Code Annotated). These rules and regulations provide for the assessment of a fee, where applicable, of ½ of 1% of the total contract award (including any and all subsequent additions and deletions to the contract award due to changes in the scope of the work);, the submission of a properly completed TERO Labor Agreement; and the assessment and payment of applicable labor fees. The complete Act is available by contacting the TERO Office located in Tahlequah, Oklahoma at 918-453-5000. The successful bidder’s award will be published on the Cherokee Nation’s procurement website and their performance will be measured, recorded, and reported to the Cherokee Nation. The TERO rules and regulations that are applicable to the Work to be performed by the successful bidder will be determined and communicated by TERO and such rules and regulations shall be made a material term of the Contract Agreement. TERO bidders are required to provide a copy, front and back, of their TERO certificate with bid(s) and failure to do so will result in such bidders not receiving the TERO preferences afforded TERO bidders under the Company procurement and contracting policies and procedures. 4.06 This procurement may be subject to Cherokee Nation Gaming Commission (“CNGC”) policies and procedures. In the event CNGC licensing is applicable, the successful vendor(s) shall be responsible for obtaining all licenses required by CNGC. CNGC licensing requirements may include licensing fees as well as security and background checks of vendor(s) employees. Current policies and procedures can be found on the Cherokee Nation website or by contacting the CNGC office at 918-431-4116. 4.07 The bidder must furnish, with its bid, a subcontractor plan that (1) identifies prospective subcontractors and their respective TERO and Indian-owned statuses and their tribal affiliation; and (2) reflects the amount of the quote, either in dollar estimate or percentage of work estimate, that will be subcontracted to each subcontractor. 4.08 The Bid Schedule must be completed in ink or by printer. The Bid Price on the Bid Schedule must be stated in words and figures, in case of a conflict words will take precedence. No alterations, additions or erasures shall be made on the Bid Schedule. Erroneous entries shall be lined out, initialed by the bidder and the correct entry inserted. 4.09 All names on the Bid Schedule must be typed or printed below the signature. 4.10 The Bid Schedule shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Schedule). 4.11 The address to which communications regarding the Bid Schedule are to be directed must be shown. 4.12 Bids shall be submitted at the time and place indicated in the Solicitation to Bid and shall be enclosed in a sealed envelope, marked with the Project Title, Bid Number, Name and Address of the bidder, and accompanied by the other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope addressed to the Cherokee Nation Businesses, L.L.C., Attn: Purchasing Department, with the notation “SEALED BID – DO NOT OPEN” on the face thereof. 5.00 QUALIFICATION OF BIDDERS 5.01 No bid will be accepted unless the bidder can, if requested, show to the satisfaction of the Company evidence of its experience and familiarity with work of the character specified. This may include, at the Company's option, evidence of similar work by its firm (or principal employees) that has been performed satisfactorily and completed during the past five (5) years. 5.02 No bid will be accepted unless the bidder can show to the satisfaction of the Company evidence of its financial ability to perform the Work successfully and properly, to completion. 5.03 If bidder has a parent company or relies on a parent company to obtain or fulfill any of the Work to be contracted, then Company has the right to required bidder's parent company to provide guarantee of bidder's proposal and the performance of any obligations arising under a Contract Agreement if bidder has been awarded the bid. 5.04 If awarded the bid, bidder and any subcontractors of bidder in the performance of the Work shall, to the greatest extent feasible, give preference to Indian organizations, Indian-owned enterprises and individuals as certified by TERO. First preference shall be given to members of the Cherokee Nation and their businesses. Second preference shall be given to members of all other federally recognized tribes. 6.00 INTERPRETATIONS 6.01 All questions about the meaning or intent of the RFP Documents shall be submitted to the Company Representative in writing. Replies will be issued by Addenda mailed to, delivered or sent by facsimile to all parties recorded by Company as having received the RFP Documents. Questions received less than two days prior to the date for opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.00 CONTRACT TIME 7.01 If applicable as required in the Statement of Work, the number of days within which the Work is to be completed, or the date by which, the Work is to be completed shall be provided as set forth in the Bid Schedule and will be included in the Contract Agreement. 7.02 If a Project Schedule is required or a Date of Substantial Completion is defined per the Statement of Work, then the Contract Time for the work to be performed shall be considered a material consideration in the award of the bid. 8.00 LIQUIDATED DAMAGES 8.01 Provisions for liquidated damages, if any, are set forth in the Contact Agreement. 9.00 SUBSTITUTE MATERIAL AND EQUIPMENT 9.01 If material and equipment as described in the Statement of Work are a basis for award, then the Contract, if awarded, will be on the basis of material and equipment described in the Statement of Work and Specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Statement of Work and Specifications that a substitute or “equal” item of material or equipment may be furnished or used by a Contractor if acceptable to Company, application for such acceptance will not be considered by Company until after the effective date of the Contract Agreement. 10.00 REJECTION OF BIDS 10.01 Bids received more than ninety-six (96) hours, excluding Saturdays, Sundays and holidays, before the time set for opening of bids, as well as bids received after the time set for opening of bids, will not be considered and will be returned unopened. 10.02 Company reserves the right to reject any and all bids when such rejection is in the best interest of Company. All bids are received subject to this stipulation and Company reserves the right to decide which bid shall be deemed lowest and best. A violation of any of the following provisions by the bidder shall be sufficient reason for rejecting his bid, or shall make any Contract between Company and the Contractor that is based on his bid; (i) null and void; divulging the information in said sealed bid to any person, other than those having a financial interest with him in said bid, until after bids have been opened; (ii) submission of a bid which is incomplete, unbalanced, obscure, incorrect, or which has conditional clauses, additions, or irregularities of any kind not in the original Bid Schedule, or which is not in compliance with the Instructions to Bidder and Solicitation to Bid, or which is made in collusion with another bidder. The foregoing list is non-exhaustive and Company reserves the right to reject a bid or nullify any Contract between Company and the Contractor that is based on his bid for any other reason it deems is in the best interest of the Company. 11.00 BIDS TO REMAIN OPEN All bids and pricing submitted under this RFP shall remain valid and open for sixty (60) days after the day of the bid opening, but Company may, in its sole discretion, release any bid prior to that date. 12.00 AWARD OF CONTRACT 12.01 Company reserves the right to reject any and all bids, to waive any and all bid document requirements and to negotiate Contract terms with the successful bidder, and the right to disregard all nonconforming, nonresponsive or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.02 Company reserves the right to issue one award, multiple awards, or reject all bids. All quotes are subject to negotiation prior to award. Awards may be issued without discussion of quote received, and quotes should initially be submitted on the most favorable terms from a price and technical standpoint. 12.03 In evaluating bids, Company shall consider the qualifications of the bidders and whether or not the bids comply with the prescribed requirements. 12.04 Company may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of subcontractors and other persons and organizations must be submitted. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Company. 12.05 Company may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to perform the Work in accordance with the terms of a Contract Agreement and to Company’s satisfaction within the prescribed time. 12.06 Company reserves the right to reject the bid of any bidder who does not pass any such evaluation to Company’s satisfaction. 12.07 A Contract Agreement along with the terms and conditions of such agreement will be negotiated upon award. Company may rescind the award of a bid for failure to agree upon the terms of the Contract Agreement within a reasonable period of time or for bidder’s failure to negotiate in good faith or timely respond to requests or inquiries of Company. The bidder shall not perform any services, conduct any business on Company property or acquire or procure any supplies, materials or equipment on behalf of Company to be used in performing the Work as bid, unless specifically requested by an authorized Company Representative in writing. In the performance of the Work awarded, Company, Contractor and its subcontractor(s) shall, to the greatest extent feasible, give preference to Indian organizations, Indian owned enterprises and individuals. First preference shall be given to members of the Cherokee Nation. Second preference shall be given to members of all other federally recognized tribes. 12.08 The successful bidder shall execute and deliver the Contractor’s Payment and Performance Bond (if required per the Statement of Work or Contract Agreement) and the required certificate(s) of insurance evidencing the limits and endorsements as required by the terms and conditions of the Contract Agreement within five (5) calendar days of receipt of the Notice of Award. If the successful bidder fails to execute and deliver Contractor’s Payment and Performance Bond and the required certificates of insurance(s) within five (5) calendar days of the Notice of Award, Company may annul the Notice of Award. 13.00 BEGINNING WORK The Work shall be commenced as agreed upon by the parties. However, Work shall not be commenced until Contractor has provided the requisite bonds and proofs of insurance required by the Contract Agreement. 14.00 CONTRACTOR’S LIABILITY INSURANCE REQUIREMENTS 14.01 No Work is to be commenced and no invoices will be paid until Company is in receipt of Certificates of Insurance covering all the insurance requirements outlined in the Contract Agreement. Please refer to Section IX Bond and Insurance Requirements below for minimum standard insurance requirements, additional insurance policies, coverages and limits may be required per the Contract Agreement. 15.00 RETURNING OF RFP DOCUMENTS 15.01 Whether a bid is submitted or not, this collection of RFP Documents and any accompanying documents are to be returned intact. 15.02 The successful bidder will be furnished necessary copies of this book and documents, conforming to the bid accepted by the Company. 16.00 INVOICING REQUIREMENTS All invoices for the Work submitted by the successful bidder must be coded in accordance with Company policies. The successful bidder will be responsible for meeting with a representative of Company's Accounting Department regarding necessary coding requirements and complying therewith. SECTION III STATEMENT OF WORK CHEROKEE NATION BUSINESSES, LLC Bid – Proposals are being solicited by Cherokee Nation Businesses, L.L.C. or the Cherokee Nation Businesses, L.L.C. wholly-owned entity as identified in the Statement of Work, attached hereto and incorporated herein as Exhibit “A” for Beverage Gas Vendor. Contact the Buyer, via email only, to answer any questions regarding the bid. Proposals must be mailed or hand-delivered to Company's Catoosa Corporate office to be received no later than 3:00 pm April 4th, 2018 at the following: IF BY EXPRESS DELIVERY OR REGULAR MAIL Cherokee Nation Businesses, L.L.C. Attn: John Molinar 777 W. Cherokee Street Catoosa, Oklahoma 74015 IF BY HAND DELIVERY Cherokee Nation Businesses, L.L.C. Attn: John Molinar Corp. Building #3 1102 N. 193rd East Ave. Catoosa, OK 74015 STATEMENT OF WORK: • CNE request proposals to contract with a Beverage Gas Vendor for three (3) years with two (2) one-year options. • The CNE Bid Statement of Work must be completed and returned with the signed proposal. All requirements in the statement of work must contain explanation in the proposal based upon Exhibit A (CO2 usage and equipment). • Signed quote/proposal must be returned to John Molinar on or before 3:00 pm April 4th, 2018. Any responses received after the due time on this date are considered late and are subject to disqualification. • Send FRP responses to the attention of John Molinar both in print and electronically on a flash drive in a sealed bid to the address above. • A mandatory pre-bid meeting will be held 10:00 AM March 22th, 2018 at the Hard Rock - South Dock warehouse. Vendors must check in at the North Lot Vendor Check-in before the meeting and drive to the South Dock. • CNE intends to open the bids by April 5th to begin the analysis. • CNE may require presentations and/or demonstrations by vendors who have submitted satisfactory proposals. Vendors will be notified of a request for presentation and/or demonstration within three weeks of the bid opening. • Bidders (Sellers) quote shall remain firm for 60 days from the bid opening. All prices and bid materials are confidential. • CNE reserves the right to issue one award, multiple awards, or reject all bids. All quotes are subject to negotiations before award. • Any award resulting from the acceptance of a submitted RFP will be subject to CNE Terms and Conditions. • Please direct all communication to John Molinar as the only point of contact for this proposal at john.molinar@cnent.com regarding the content of the RFP. REQUIREMENTS 1. PRICING A. PLEASE DEFINE PRICING STRUCTURE AND INCENTIVES IN FULL DETAIL WITH EXAMPLES IN PROPOSAL FOR BULK GAS AND CYLINDERS. B. PLEASE DEFINE INCENTIVE PAYMENT TERMS IF PART OF THE PROPOSAL CNE reserves the right to audit any billed items. 2. SERVICES REQUIREMENTS CNE grants to Distributor the non-exclusive and non-transferable right to provide food service venues with products under the terms set forth. Distributors are expected to distribute all items used by the Casinos. The distributor may be asked to distribute additional products or not to distribute specific products. Distributors must purchase CNE specified products from approved suppliers. Distributors will work with CNE in developing beverage gas product and equipment needs. Distributors will develop with CNE a product ordering procedure and invoice format. 3. MINIMUM DELIVERY SERVICE REQUIREMENTS A. WHAT DATE WOULD BE REASONABLE TO BEGIN FIRST DELIVERY? B. DOES DISTRIBUTOR CONTRACT ANY DELIVERIES? C. DOES DISTRIBUTOR UTILIZE UNIONIZED LABOR? D. WHAT ARE THE DELIVERY DAYS AVAILABLE FOR EACH LOCATION LISTED ON CNE ADDRESS LIST? E. HOW ARE HOTSHOTS MANAGED? The distributor is to provide CNE, for review, a proposed delivery schedule two weeks before any change. Deliveries will be made at the location as early as possible as agreed to by both parties. Some restaurants may have additional delivery restrictions. Upon arrival, drivers must present invoices that detail the products ordered, shipped and delivered. Drivers must make adjustments for exceptions on delivery invoices at the time of delivery. Driver Conduct • All delivery personnel are expected to act professionally including proper attire. Drivers will report in with the Receiving Manager on duty at the time of delivery, deliver a copy of the invoice and attach any adjustments made after the delivery. The driver will check out with the Receiving Manager on duty upon completion of the delivery. Delivery Frequency and Time: As required by CNE. CNE ADDRESS LIST Hard Rock H & C Sallisaw Cherokee Casino 777 W Cherokee St. 1621 West Ruth Street Catoosa, OK 74015 Sallisaw, OK 74955 Cherokee Hills GC South Coffeyville Cherokee Casino 777 W Cherokee St. 1506 N Highway 169 Catoosa, OK 74015 South Coffeyville, OK 74072 Catoosa Smoke Shop Tahlequah Cherokee Casino 777 W Cherokee St. 16489 Highway 62 Catoosa, OK 74015 Tahlequah, OK 74464 Ft. Gibson Cherokee Casino Tahlequah Smoke Shop (Outpost 1) 107 North Georgetown Rd. 17699 South Muskogee Ave. Ft. Gibson, OK 74434 Tahlequah, OK 74464 Ft. Gibson Smoke Shop Cherokee Springs GC 109 North Georgetown Rd. 700 E. Ballentine Rd. Ft. Gibson, OK 74434 Tahlequah, OK 74464 Grove Cherokee Casino Cherokee Trails GC 24979 US Hwy 59 22706 S. 504 Rd. Grove, OK 74344 Tahlequah, OK 74464 Ramona Cherokee Casino West Siloam Cherokee Casino 31501 US 75 Highway 584 Stateline Rd Ramona, OK 74061 Colcord, OK 74338 Roland Cherokee Casino West Siloam Smoke Shop Physical: 109 Cherokee Blvd 584 Stateline Rd Roland, OK 74954 Colcord, OK 74338 Roland Smoke Shop Will Rogers Downs Racino 107 Cherokee Blvd. 20900 South 4200 Rd. Roland, OK 74954 Claremore, OK 74019 Roland Cherokee Travel Plaza 105 Cherokee Blvd. Roland, OK 74954 4. ADMINISTRATION A. HOW MANY REPRESENTATIVES WILL MANAGE CNE ACCOUNT? PLEASE EXPLAIN THE ROLES OF THE DISTRIBUTORS TEAM? B. PLEASE LIST DISTRIBUTORS, PROMINENT CUSTOMERS. C. WHAT IS THE DISTRIBUTORS NICHE? D. WHAT PLAN DOES THE DISTRIBUTORS HAVE TO PROVIDE GREAT SERVICE AND PRICING? Quarterly reviews will be conducted between CNE purchasing, food and beverage staff, and vendor. Price auditing will be conducted quarterly or more frequently if required. Distributors will provide twenty-four (24) hour emergency contact names and telephone/pager numbers for contacting key personnel by the distribution center. CNE will provide key contact names and telephone numbers to distribution center personnel. * Distributors are to name dedicated customer representative or representatives as well as dedicated support staff. Adherence to all governmental laws and regulations shall be the sole responsibility of distributor as related to the sale and distribution of product to CNE. The distributor will aid in the development of a process that assists in new Casino openings (i.e., set-up timelines, additional deliveries & support).
Name:john molinar
Email:john.molinar@cnent.com
Phone:918-384-7545
Cherokee Nation Entertainment
Awards
AIR GAS -- $95,090.00