City Tavern Request For Proposals.pdf

INDE – City Tavern Request for Proposals - Lease Page 1 of 16

Request for Proposals for Restaurant Lease of City Tavern

Independence National Historical Park Philadelphia, PA

City Tavern

RFP Issue Date:

TBD, 2023

Proposal Submittal Deadline:

4:30 PM March 27, 2023

Site Tour:

By appointment, please contact:

Denise Brandt denise_brandt@nps.gov

(215) 597-7120

Question Submission Deadline:

4:30 PM February 21, 2023

Please contact:

Thomas Rogers thomas_rogers@nps.gov

Anticipated Date for Selection of Proposals:

May 1, 2023

Anticipated Lease Commencement:

July 1, 2023

EXPERIENCE

YOUR

AMERICA

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Table of Contents The National Park Service & Independence National Historical Park

The National Park Service and its Mission

The Park Area - Independence National Historical Park

Opportunity & Lease Objectives

The Lease Premises – City Tavern

Property Description

Building Description

Accessibility and Historic Status

Personal Property

Parking

Proposed Use and Minimum Lease Requirements

Use

Improvements

Gardens & New Construction

Term of Lease

Conditions

Lease Provisions

Rent

Authority

Competitive Process

Site Tour, Pre-Submittal Conference and Q&A period

The Proposal Package

Proposal Instructions

Proposal Structure and Selection Criteria:

Criterion 1- Concept and Use

Criterion 2- Financial Capability & Rent Offered

Criterion 3- Experience

Criterion 4- Sustainability

Criterion 5- Preservation

Criterion 6- Menu

Criterion 7- Operations

Proposal Submission Requirements

Additional Information and Modifications of Proposals

NPS Evaluation and Selection of the Best Proposal

Confidentiality of Proposals

ATTACHMENTS

EXHIBITS

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This Request for Proposals (RFP) provides the opportunity for interested individuals and organizations to submit proposals to the National Park Service (NPS) to lease an NPS property, for restaurant use and private events, in Independence National Historical Park (INDE) under the following general terms and conditions.

The National Park Service & Independence National Historical Park The National Park Service and its Mission America’s National Park Service was created by Congress to “conserve the scenery and the natural and historic objects and the wildlife therein, and to provide for the enjoyment of the same in such a manner and by such means as will leave them unimpaired for the enjoyment of future generations.” 16 U.S.C. §

1. Additionally, the Congress has declared that the NPS should be “preserved and managed for the benefit and inspiration of all the people of the United States.” 16 U.S.C. § 1a-1. The NPS has as its overall mission the preservation and public enjoyment of significant aspects of the nation’s natural and cultural heritage.

To learn more about the NPS, visit our website at www.nps.gov. This site includes information about who we are, our mission, NPS policies and individual parks.

The Park Area - Independence National Historical Park Independence National Historical Park, located in downtown (called "Center City") Philadelphia, is often referred to as the birthplace of our nation. It was authorized by the US Congress in 1948. At the park, visitors can see the Liberty Bell, an international symbol of freedom, and Independence Hall, a World Heritage Site where both the Declaration of Independence and the U.S. Constitution were created. In addition, the park interprets events and the lives of the diverse population during the years when Philadelphia was the capital of the United States from 1790 to 1800. A section of the park where Benjamin Franklin's home once stood is dedicated to teaching about Franklin's life and accomplishments. Spanning approximately 45 acres, the park has about 20 buildings open to the public.

Pre-pandemic the Park received more than 4 million visitors per year.

The mission of Independence National Historical Park is to preserve, manage, operate, maintain, protect, and interpret park resources associated with the American Revolution and the establishment of the United States of America in order to perpetuate these resources and to help all people understand the people, events and ideas associated with the park's tangible resources.

To learn more about Independence National Historical Park, visit our website at www.nps.gov/INDE.

Opportunity & Lease Objectives INDE is seeking proposals to operate and maintain the Premises identified herein to meet National Park Service standards at the City Tavern. The operation should have character, attract diverse visitors, and serve the surrounding community as well as visitors to the Park.

Interested parties will be allowed to inspect the Premises and identify which Improvements are necessary to make the Premises safe and operable.

http://www.nps.gov/ http://www.nps.gov/INDE

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The Premises will be delivered in “as is” condition.

All costs associated with compliance review and project development as proposed and accepted will be the responsibility of any subsequently selected applicant.

The Lease Premises – City Tavern Located at 138 South 2nd Street at the intersection of Second and Walnut Streets, City Tavern is one of the pivotal interpretive buildings at Independence National Historical Park, it is a 1974-76 reconstruction of the original structure standing on the same site. Originally constructed in 1773, City Tavern was frequented by the nation's founding fathers and members of the First Continental Congress and was referred to as one of the finest Colonial-era taverns in the colonies. It was partially destroyed by fire on March 22, 1834, and ultimately the structure was completely demolished in 1854.

While City Tavern's principal construction is through modern assemblies of brick, concrete block, poured concrete and steel substructure, by all archival accounts the building's outward architectural appearance virtually matches the original to the smallest details. Similarly, through analysis of existing archival construction documents from 1974 and an audit-level verification of existing dimensions and conditions on site, the building appears to have been constructed as dimensioned and detailed in the 1974 drawings. This incorporates the historic spaces with amenities facilitated through modern mechanical, electrical, plumbing, information technology/telecommunications and limited fire detection/protection systems, as well as restrooms and kitchen equipment that allow the building to function as a modern restaurant.

Since its reconstruction, City Tavern has provided commercial food services in this facility for over 45 years. The previous operation provided a colonial themed restaurant and tavern atmosphere, with American Colonial style foods. It attracted a tourist-based clientele in search of a historical Colonial themed dining experience that demonstrates and immerses the customer in the historical events and atmosphere of the surrounding area. See Appendices B1 and B2 for the former operator’s menu and Appendix C for a schedule of gross receipts. However, Offerors are not limited to offering to operate a colonial themed restaurant.

Property Description City Tavern is a four-level structure consisting of 11,685± leasable square feet (plus 3,415± square feet of mechanical space) of commercial restaurant space on a small park-like setting parcel of land. It faces directly onto the sidewalk along 2nd Street and borders Walnut Street and is part of INDE Tract 01-176.

See Appendix A for a land assignment map. See Appendix E4 for basic floor plans of the property offered for lease.

Building Description The 15,100± square foot facility contains both the food preparation area and a dining area that can accommodate approximately 250 customers in several different sized rooms. The building has six dining rooms, with two on the first floor, two on the second floor and two in the basement. The top floor Garrett (Attic) is currently occupied by systems and equipment serving the rest of the building. Two of

INDE – City Tavern Request for Proposals - Lease Page 5 of 16 the dining rooms have working fireplaces which would require alterations to be usable. The facility also contains a 1000± square-foot Garden (Rear Patio) that may be used for dining tables. The bar is located on the first floor and seats approximately 26 persons on chairs, benches and in booths, and has a working fireplace which would require alterations to be usable. There are multiple kitchens and dining rooms at the Cellar, First and Second Floors, and the total square footage breakdown is as follows:

Basement Storage 1,738 Kitchen 908 Toilet Rooms 402 Mechanical 939 3,987 First Floor Office 84 Mechanical 55 Kitchen 870 Storage 167 General/Occupied Area 2,281 3,457 Second Floor General/Occupied Area 2,276 Mechanical 121 Kitchen 656 3,053 Third Floor Office 655 Storage 306 General/Occupied Area 1,119 Toilet Rooms 220 2,300 Garrett (Attic) Mechanical 2,113 General/Occupied Area 187 2,300 Total Building Area 15,097

Accessibility and Historic Status Constructed as part of the Bicentennial celebration at the park, the National Park Service and Independence National Historical Park have indicated that City Tavern was not designed and built in compliance with the Architectural Barriers Act of 1968 or the later legislation including the current Architectural Barriers Act Accessibility Standards (ABAAS). In addition, there have been little or no upgrades to bring the structure into compliance with current building and life safety codes over time, one reason for which appears to be there have been no changes in occupancy, and very few upgrades of systems, equipment, and space in general. There has been a proposed project to add an elevator addition to the building's west elevation, intending to make all four occupied levels of the building

INDE – City Tavern Request for Proposals - Lease Page 6 of 16 accessible. Aspects of this proposal will be discussed along with other options to bring the building into code compliance.

Since the planned elevator will likely be a new addition to the existing footprint, the existing 1970's site would need to have an accessible route developed from Second Street to the proposed at-grade elevator lobby. In addition to the elevator installation, the Park's overall goal is to create new accessible routes throughout the building and to bring it into full compliance with the current Architectural Barriers Act Accessibility Standards (ABAAS), International Building Code, and International Fire Code (IFC).

The building is on the National Park Service's Cultural Resource Inventory System (CRIS) with Resource ID #000603. It is less than 50 years old, and at this time is not considered a historically-significant or contributing member of the Federally-Designated Historic District it sits within; however, and in part because it serves as an important interpretive component in the Park, the NPS has deemed all work related to the property shall be reviewed and performed in conformance with the Secretary of the Interior Standards for Rehabilitation https://www.nps.gov/tps/standards/treatment-guidelines- 2017.pdf.

Personal Property Existing Furniture, Fixtures, Equipment, Merchandise, and Inventory are federal property and may be utilized or disposed of by the Lessee including, without limitation, kitchen equipment, tables, dining counter, and refrigeration units.

Parking While there is no on-site public parking, there is street parking in close vicinity of the building, as well as a public parking garage across the street on 2nd Street. There is a loading dock area that was also used for parking by prior restaurant management.

Proposed Use and Minimum Lease Requirements Use The new Lessee will be required to operate a restaurant, although some space could be utilized for additional uses compatible with a national historical park setting. Describe your concept under Criterion

1. Hours of operation will be subject to NPS approval, and it is anticipated that the restaurant will not be approved to operate after 12:00 AM nor before 6:00 AM. The Lessee will be authorized to serve breakfast, lunch and/or dinner, including alcohol, subject to obtaining appropriate permission, including a liquor license, from all applicable government authorities.

The Lessee will also be allowed to use the premises for private events, utilizing either or both the gardens and the building.

Third-party signage including donor acknowledgement, if any, must not give the appearance of advertisement or National Park Service endorsement of third parties.

https://www.nps.gov/tps/standards/treatment-guidelines-2017.pdf https://www.nps.gov/tps/standards/treatment-guidelines-2017.pdf

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Improvements The new lease requires the installation of an elevator, elevator shaft, and possible new entrance to the rear of the subject building, as outlined in Appendix E1 and E2. An alternative location for an elevator that allows the building to meet code will be considered. The National Park Service has estimated the cost to complete these required improvements to be approximately $750,000 to $1,000,000, however this range is strictly an estimate and actual costs incurred may vary significantly and are the sole responsibility of the Lessee. Offerors may propose alternative elevator plans.

In addition, the new lease requires full compliance with the Architectural Barriers Act (ABA) as determined by the Department of Licenses and Inspections of the City of Philadelphia. Alterations to existing bathrooms, a walkway to the elevator, and other interior and exterior improvements to meet ABA requirements will likely be needed to reach full compliance with ABA standards.

All improvements, as outlined in Appendix E, and any other improvements required to make the subject building fully compliant with ABA and other building code requirements are to be completed within 2 years of the effective day of the lease. All plans must be approved by the NPS and the Department of Licenses and Inspections of the City of Philadelphia. Actual costs incurred are the sole responsibility of the Lessee.

Prior to award of the Lease, the proposed Lessee may be required to post a surety bond acceptable to NPS to cover the entire cost, as estimated by NPS, of the Lessee’s required improvements.

Gardens & New Construction Any proposals for new construction will require review and approval. Approvals for new construction are often lengthy and require multiple levels of review. Additionally, the park is subject to a freeze the footprint mandate; exceptions are difficult to justify. Applicants may consider use of temporary structures which are easily removable in the event of storm activity. Applicants should also consider sustainable and resilient materials and practices. Minor alterations specially to enhance accessibility will be considered. Keep in mind that the open space within the Gardens contributes to both the historic character and present-day designated zones. Therefore, any proposal should aim to strike an appropriate balance between increased intensity of use and protection and enhancement of cultural and natural resources and assets.

Term of Lease The lease will have an anticipated term of no less than 10 years, with a target commencement date on or about July 1, 2023.

Conditions National Park Service will enter into a Letter of Intent with the selected Offeror prior to entering into a lease. Selection of a proposal does not guarantee a lease for the Offeror. The responsive proposal judged best under the proposal selection criteria will be given an opportunity to negotiate a final lease agreeable to both the Offeror and NPS.

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Lease Provisions The lease to be awarded under this RFP will contain the provisions required by 36 C.F.R. Part 18.12 as well as other provisions determined by NPS to be necessary to assure use of the leased property in a manner consistent with the purposes of the park area, and where applicable, to assure the preservation of historic property. Required provisions include, without limitation:

I. A termination for cause or default provision.

II. Appropriate provisions requiring the Lessee to maintain the leased property in good condition throughout the term of the lease.

III. Appropriate provisions stating that subletting of a portion of the leased property and assignment of a lease, if permissible under the terms of the lease, must be subject to the written approval of NPS.

IV. Appropriate provisions requiring the Lessee to pay for use of all utilities used by the Lessee and to pay all taxes and assessments imposed by federal, state, or local agencies applicable to the leased property or to Lessee activities.

V. Appropriate provisions stating that the Lessee has no rights of renewal of the lease or to the award of a new lease upon lease termination or expiration.

VI. Appropriate provisions stating that the Lessee may not construct new buildings or structures on leased property except in limited circumstances.

VII. Appropriate provisions requiring that any improvements to or demolition of leased property to be made by the Lessee may be undertaken only with written approval from the NPS.

VIII. Appropriate provisions that describe and limit the type of activities that may be conducted by the Lessee on the leased property.

See Appendix D for a Sample Lease. The Sample Lease will be the general basis for negotiation of the final lease. However, the final lease as developed by NPS may differ from the sample. Among other matters, additional terms and conditions may be added to reflect the content of the proposal selected.

Rent The property shall be rented for a minimum of the Fair Market Value Rent as determined by 36 CFR Part 18.

Minimum Fair Market Value Rent for years 1 through 5 of the lease has been determined to be $233,700 annually, payable in equal monthly installments of $19,475. The offerors are required to make their own estimates of the cost of required improvements, and the Lessee shall be required to make the required improvements regardless of actual cost.

Applicants may offer to pay a higher rent to enhance the competitiveness of their proposal, as further outlined below.

Rent Payment Offsets may be considered for expenditures on initial and ongoing capital investment made towards improving the property. It is expected these Rent Payment Offsets could substantially reduce Rent Payments.

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Authority The NPS has the authority to lease historic buildings through the National Historic Preservation Act (16 U.S. C. Section 470h-3), as amended, the National Park Service General Leasing Authority 16 USC 1a-2(k) passed in 2001 which authorizes the NPS to lease federally owned property within boundaries of the park.

This RFP is issued under the authority of 36 CFR Part 18. This RFP and the offered Lease are subject to and incorporate all terms and conditions of Part 18 as applicable. In the event of any conflict between the terms of this RFP and Part 18, Part 18 controls.

Competitive Process This Lease opportunity is open to all interested persons and businesses on a competitive basis. The proposal judged best under the proposal selection criteria will be given an opportunity to negotiate a final Lease agreeable to both the selected Applicant and NPS.

To be selected by the NPS, the Applicant must demonstrate the capability to plan and finance your proposal. Evaluation criteria and the process for Lessee selection are described in detail in the sections called “Proposal Selection Criteria” and “Evaluation and Selection Process” in this Request for Proposals.

The NPS reserves the right to reject one or all proposals or terminate Lease negotiations at any time prior to executing a final lease without penalty or liability.

Site Tour, Pre-Submittal Conference and Q&A period Please contact Denise Brandt at (215) 597-7120 or denise_brandt@nps.gov if you are interested in a site visit to tour the property. Scheduled site visits may include parties other than yours. Federal COVID safety measures in effect at the time must be followed.

Please note that general park information is available at www.nps.gov/inde and the Superintendent’s Compendium is available at www.nps.gov/inde/learn/management/compendium.htm.

If you do not understand something in this request for proposals, you must submit your questions in writing via email to thomas_rogers@nps.gov no later than the time and date provided on the first page of this RFP. The questions must be in an electronic format that allows the NPS to copy the questions to Microsoft Word. Your questions must specify the section of the request for proposals that is the subject of your inquiry. The NPS will respond to your questions in writing and will provide the questions and responses to all those who have either 1) asked questions, or 2) made a reservation for the site visit.

Questions submitted after the deadline above may not be answered.

The Proposal Package Proposal Instructions Proposals submitted in response to this RFP should follow the format described below. You are asked to answer questions or supply specific information in response to specified items.

http://www.nps.gov/inde http://www.nps.gov/inde/learn/management/compendium.htm

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Please label your responses correspondingly and respond fully and accurately to all questions/requests.

If the Offeror is not a business, please provide the identification and credit information described in Attachment A to this RFP. If the Offeror is a business, please provide the identification and credit information described in Attachment B to this RFP under the applicable category (sole proprietorship, partnership, or corporation).

Please submit with the proposal an executed transmittal letter to NPS which states that the Offeror, in submitting its proposal, accepts and agrees to be bound by the terms and conditions of this RFP, including, without limitation, capital improvements including elevator, accessible restroom installation, other improvements necessary to comply with the ABA and any improvements necessary for a City of Philadelphia Use and Occupancy Permit. A sample transmittal letter is provided in Attachment D.

Proposal Structure and Selection Criteria:

The NPS requires clear and concise answers. Please respond fully and accurately to all questions/requests and label your responses accordingly. If the required information is not provided, the proposal may be determined to be non-responsive and will not be evaluated further.

Criterion 1- Concept and Use The compatibility of the proposal's intended use of the Leased Property with respect to preservation, protection, and visitor enjoyment of the park

NPS Objective: Proposals must be compatible with the vision of City Tavern as a historic landmark open to a broad variety of visitors and neighboring communities. Applicants are invited to propose outdoor activities and entertainment such as live music, poetry readings, movie nights, comedy shows, or other arts-based entertainment that could utilize the additional City Tavern Garden area in the back.

REQUIRED RESPONSE:

• Please describe in detail how you plan to operate a food and beverage operation at the

Premises identified herein. This should include your overall concept/theme for the venue and your overall vision for the operation.

• Include specifics on whether the operation will offer fine dining, family-casual, something else, or a combination of these experiences, and whether and when a takeout function is envisioned.

• Applicants must describe, if applicable, what activities and entertainment they would provide and whether the Applicant intends to utilize the City Tavern Garden as part of their proposal.

Narrative response should be limited to 10 pages, not including attachments.

Criterion 2- Financial Capability & Rent Offered The financial capability of the Offeror to carry out the terms of the Lease and the amount of rent offered.

NPS Objective: The NPS is interested in a full-service restaurant and bar at City Tavern. The Applicant must be capable of making the financial investment required for the level of service the Applicant

INDE – City Tavern Request for Proposals - Lease Page 11 of 16 proposes. Applicants must identify the manner by which they propose to fund the required Improvements required for the premises.

No annual rent offer in an amount less than the annual base rent shall be accepted. Applicants may submit proposals with an offer to pay a higher base rent to enhance the competitiveness of their submission. Do not propose higher rents in other forms without meeting the minimum rent requirements, including, without limitation, percentages of gross or net receipts, or increased cash rent based on revenue outcome.

REQUIRED RESPONSE:

• Submit documentation of the cost estimates for all building improvements, personal property investment (including all furniture, fixtures, and equipment (FF&E)), operating expenses, and all other startup costs you propose in connection with this opportunity.

• Submit the source and availability of the funds necessary to carry out your obligations under the terms of the proposed lease, through bank statements, bank financing commitment letters, or similar documents that substantiate your financial capability. At a minimum, this includes the Financial Capability Information and comprehensive supporting documentation outlined in Attachments A, B and C.

• Demonstrate that you have a credible, proven track record of meeting your financial obligations, that your proposal is financially viable and that you understand the financial obligations of the lease, including a credit report within the last 30 days.

• State how much annual rent and percentage rent you offer to pay. The rent payment schedule will be negotiated with the selected Applicant. The amount of rent offered must at least equal fair market value rent as determined by the government.

Criterion 3- Experience The experience of the Offeror demonstrating the managerial capability to carry out the terms of the lease.

NPS Objective: To obtain a food and beverage operator at City Tavern who has the experience necessary to successfully develop and manage a restaurant with a concept that will attract customers as a destination. This operator will also need to demonstrate their capacity to accommodate large crowds and to expand food and beverage service operations as demand dictates.

REQUIRED RESPONSE:

• Describe your experience operating food and beverage operations.

• Describe how your experience and background qualifies you to provide services and operate the

Premises as described herein.

Narrative response should be limited to 10 pages, not including attachments.

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Criterion 4- Sustainability The ability and commitment of the Offeror to conduct its activities in the park area in an environmentally enhancing manner through, among other programs and actions, energy conservation, waste reduction, and recycling.

NPS Objective: NPS seeks a Proposal that considers climate change and offers eco-friendly alternatives for operation of a food and beverage operations. References to consider:

https://www.nps.gov/subjects/climatechange/index.htm. Applicants should include in their plans the use of Energy Star or similar efficient appliances, and incorporate environmentally friendly green products in their operations (see the Green Restaurant Association’s endorsements at www.dinegreen.com or the list of certified “Green Seal” products at www.greenseal.org. Preference will be shown to proposals that commit to these products and practices.

REQUIRED RESPONSE:

• Describe your proposal for managing and using the property in an environmentally enhancing manner through programs and actions. At a minimum include plans for energy conservation, food and other waste reduction, and recycling.

Criterion 5- Preservation While the premises are not historic property, activities must be sensitive to the historic qualities of the property.

NPS Objective: For the operator to take full responsibility for all repairs and maintenance of the occupied facility. Additionally, any work performed on the structure must conform to all applicable standards, including lighting, and be compatible with the Park’s status as a National Historical Park.

REQUIRED RESPONSE:

• Submit detailed plans, specifications, Facilities, Fixtures and Equipment (FF&E) and signage installation requirements.

• Describe any previous experience with the operation or renovation of historic properties including the review and compliance process. Note that interior modifications are allowable with approval from NPS.

Narrative response should be limited to 10 pages, not including attachments.

Criterion 6- Menu Healthy Parks Healthy People is a global movement that harnesses the power of parks and public lands in contributing to a healthy civil society.

NPS Objective: To engage Applicants with the ability and commitment to serve healthy, fresh, ethnically, and seasonally diverse foods across a spectrum of price points. Applicants should be able to create an all-encompassing concept and convert those themes to menu items of high quality and consistency.

Food choices should appeal to a broad audience serving the diverse and eclectic customer visitor base.

REQUIRED RESPONSE:

https://www.nps.gov/subjects/climatechange/index.htm http://www.dinegreen.com/ http://www.greenseal.org/

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• Submit a sample menu including offerings, ingredients, proposed pricing and some graphic representations of offerings. Offerings should include a variety of pricing options and should be mindful of dietary restrictions.

Criterion 7- Operations The Lessee is expected to operate and maintain the premises at the highest standards. All operations should make a significant improvement to the ambience of the park and raise the level of quality of food and service to the public. The NPS is looking for an operator who will introduce innovation to the park and keep it fresh and inviting year after year.

NPS Objective:

REQUIRED RESPONSE:

• Using the included floor plans, identify how you will modify and utilize the spaces throughout the premises, including areas where the sale of alcohol is proposed.

• Provide the proposed seasonal schedule and hours of operations. Please note any change in proposed hours of operations between seasons.

• Describe organizational structure of the operations including estimates for the number of employees.

• Describe strategies for marketing and advertising, and methods of interactive media platforms the operator will employ.

Narrative response should be limited to 10 pages, not including attachments.

Proposal Submission Requirements Due to COVID-19 restrictions and limitations, Proposals must be submitted electronically to thomas_rogers@nps.gov. Proposals must be submitted on or before the time and date provided on the first page of this Request for Proposals. The subject line should include the following: Proposal for City Tavern RFP. Please note, electronic submission of proposals will not have been deemed received until NPS issues a written response acknowledging receipt.

E-mail attachments are limited to 40 megabytes. Larger proposals must be sent using multiple e-mails.

Applicants must submit their proposal in electronic format; Microsoft Word or Adobe Acrobat; financial data may be in Microsoft Excel format. Proposals must be formatted to 8-1/2" x 11”-page size.

Proposals submitted by mail, in person delivery, telephone, fax, or other methods will not be considered.

Effective proposals should be organized with the same format and naming system as this RFP and will contain clear, concise answers that address all the questions raised. Proposals that do not specifically answer all questions will be deemed non-responsive and not evaluated further.

Proposals are limited to 100 pages or less, not including attachments, any proposals over this limit be deemed non-responsive and not evaluated further.

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Additional Information and Modifications of Proposals NPS may request from any Offeror, after the submission date, additional information, or written clarification of a proposal. However, proposals may not be amended after the submission date unless permitted by NPS. NPS may not permit amendment of a proposal unless all Offeror that submitted responsive proposals are given an opportunity to amend their respective proposals.

NPS Evaluation and Selection of the Best Proposal NPS will review all responses to this RFP through an evaluation panel assisted by technical consultants as appropriate.

All proposals will first be screened for adherence to the requirements of this RFP. NPS will not consider non-responsive proposals. A non-responsive proposal is a proposal that was not timely submitted or fails to meet the material terms and conditions of this RFP as determined by NPS.

It is the intention of the NPS to select the best-submitted responsive proposal as determined under the selection criteria without further submittals or presentations. If this cannot be done, NPS will select those responsive lease proposals that appear most suitable under the selection criteria, and from that group will request additional information or presentations so that the best proposal can be selected.

NPS will negotiate a lease with the Offeror determined to have submitted the best responsive proposal under the selection criteria. If the selected Offeror does not agree to the final terms of the lease as presented by NPS within 30 days of presentation, the selection may be terminated and NPS may negotiate with other Offerors for award of the offered lease or terminate this solicitation without liability to any person.

In order to structure lease negotiations with the selected Offeror, NPS and the selected Offeror, promptly after selection, may enter into a Letter of Intent to negotiate and award the final lease. The letter of intent would include, among other matters, applicable timelines for negotiation, development of any necessary additional plan and specifications for building improvements, and issuance of any required permits for improvements to the premises. If the NPS and the selected Offeror are unable to agree upon the terms and conditions of the Letter of Intent as proposed by NPS within ten days, NPS may choose to terminate the selection and NPS may negotiate with other Offerors for award of the offered lease or terminate the lease solicitation without liability to any person.

NPS may cancel this solicitation or lease negotiations at any time, up until the full execution of the Lease.

Confidentiality of Proposals If you believe that a proposal contains trade secrets or confidential commercial and financial information that you do not want to be made public, please include the following sentence on the cover page of each copy of the proposal:

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“This proposal contains trade secrets and/or confidential commercial or financial information that the Offeror believes to be exempt from disclosure under the Freedom of Information Act. The Offeror requests that this information not be disclosed to the public, except as may be required by law.”

In addition, you must specifically identify what you consider to be trade secret information or confidential commercial and financial information on the page of the proposal on which it appears, and you must include the following sentence on each such page:

“This page contains trade secrets, or confidential commercial or financial information that the Offeror believes to be exempt from disclosure under the Freedom of Information Act, and which is subject to the non-disclosure statement on the cover page of this proposal.”

Information so identified will not be made public by NPS except in accordance with the requirements of the Freedom of Information Act.

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ATTACHMENTS

Attachment A: Identification and Credit Information (Business/LLC) Attachment B: Identification and Credit Information (Individual/Partnership) Attachment C: Financial Capability Information Attachment D: Sample Offeror Transmittal Letter

EXHIBITS

Appendix A: Land Assignment Map of Property for Lease Appendix B1-B2: Previous Menus for City Tavern Restaurant Appendix C: Schedule of Gross Receipts for City Tavern Restaurant Appendix D: Sample Lease Appendix E1-E4: Floor plans, Elevator, and Restroom plans Appendix F: Pictures of the Lease Premises