RFP Liquor 2025-08.pdf

NEW HAMPSHIRE LIQUOR

COMMISSION

Request for Qualifications and Proposals

Developer/Operator for Hampton I-95

Service Areas

RFQ/RFP 2025-08

RFQ/RFQ/RFP ISSUED…............….……………………………........……………October 28, 2025

RFQ/RFQ/RFP ISSUING OFFICER…………………....................................Patricia L. Peters, Esq.

NHLC Director of Administration, NHLC.RFP.Hampton@liquor.nh.gov

NO PHONE CALLS

CONTRACT TYPE………………………………………………………………... GROUND LEASE

QUALIFICATIONS AND PROPOSALS DUE ……..……….…….…2:30 PM, February 16, 2026

AT: New Hampshire Liquor Commission

C/O Patricia L. Peters, Esq.

Director of Administration

50 Storrs Street

Concord, NH 03301

10-28-2025 Version

STATE OF NEW HAMPSHIRE

NEW HAMPSHIRE LIQUOR COMMISSION

DEVELOPER/OPERATOR FOR HAMPTON I-95 LIQUOR PROPERTIES

TABLE OF CONTENTS

1. INTRODUCTION

1.1 DEVELOPMENT APPROACH AND KEY DETAILS

1.2 CONTRACT AWARD

1.3 CONTRACT TYPE – PROPOSED PUBLIC/PRIVATE PARTNERSHIP

1.3.1 AGREEMENT WITH NEW HAMPSHIRE LIQUOR COMMISSION

1.4 GROUND LEASE CONTRACT TERM

1.5 HIGH LEVEL SCOPE OF WORK/SERVCES

1.6 SCHEDULE

2. DEFINITION OF TERMS

3. DEVELOPER/OPERATOR CONFERENCE AND SITE VISIT

4. QUALIFICATIONS AND PROPOSAL PROCESS

5. QUALIFICATIONS AND PROPOSAL INSTRUCTIONS, SUBMISSION, DEADLINE

AND LOCATION

5.1 RFP/RFQ INQUIRIES

5.2 RESTRICTION OF CONTACT WITH NHLC EMPLOYEES

5.3 VALIDITY OF RFQ/RFP

5.4 RFQ/RFP ADDENDUM

5.5 NON-COLLUSION

5.6 PROPERTY OF THE NHLC

5.7 CONFIDENTIALITY OF QUALIFIATIONS AND PROPOSAL

5.8 PUBLIC DISCLOSURE

5.9 NON-COMMITMENT

5.10 QUALIFICATIONS AND PROPOSAL REVIEW

5.11 PREPARATION COST

5.12 ETHICAL REQUIREMENTS

5.13 REQUIRED GROUND LEASE CONTRACT TERMS AND CONDITIONS

5.14 AWARD

6. QUALIFICATIONS, REQUIREMENTS AND DELIVERABLES

6.1 QUALIFICATIONS FORMAT

6.2 QUALIFICATIONS ORGANIZATION

6.3 QUALIFICATIONS CONTENT

6.4 QUALIFICATIONS SCORING AND SELECTION PROCESS

7. PROPOSAL REQUIREMENTS AND DELIVERABLES

7.1 PROPOSAL FORMAT

7.2 PROPOSAL ORGANIZATION

7.3 PROPOSAL CONTENT

7.4 PROPOSAL EVALUATION PROCESS

APPENDICES

APPENDIX A – BACKGROUND INFORMATION

A-1 NEW HAMPSHIRE LIQUOR COMMISSION

A-2 PROPERTY DESCRIPTION

APPENDIX B – DEVELOPMENT CONCEPTS AND NARRATIAVE RESPONSES

B-1 GENERAL APPROACH TO DESIGN AND CONSTRUCTION

B-2 DEVELOPMENT CONCEPT TOPICS

B-3 FACILITIES MANAGEMENT PLAN TOPICS

B-4 OPERATION AND MAINTENANCE REQUIREMENT TOPICS

B-5 PROJECT MANAGEMENT TOPICS

TABLE OF CONTENTS PAGE 2

APPENDIX C – REVENUE PROPOSAL

C-1 FIXED RENT

C-2 PERCENTAGE RENT

C-3 FUEL RENT

C-4 ELECTRIC VEHICLE CHARGING RENT

APPENDIX D – GROUND LEASE CONTRACT REQUIREMENTS

D-1 NEW HAMPSHIRE CERTIFICATE OF AUTHORITY OR CERTIFICATE OF

GOOD STANDING

D-2 STATE OF NEW HAMPSHIRE TERMS AND CONDITIONS

D-3 DEVELOPMENT REQUIREMENTS

D-4 PRODUCT OFFERINGS AND SERVICE STANDARDS

D-5 TERM

D-6 RENT PAYMENTS

D-7 DEFINITION OF GROSS SALES

D-8 TAXES

D-9 CONSTRUCTION REQUIREMENTS

D-10 DESIGN REQUIREMENTS

D-11 FACILITIES MANAGEMENT PLAN

D-12 OPERATIONS AND MAINTENANCE REQUIREMENTS

D-13 EQUIPMENT

D-14 FACILITY SUSTAINMENT AND REINVESTMENT RESERVE FUND

D-15 COMPLIANCE WITH LAWS AND REGULATIONS: EQUAL EMPLOYMENT

OPPORTUNITY

D-16 PERSONNEL

D-17 SERVICE AREA OCCUPANCY

D-18 EMERGENCY CLOSING

D-19 RECORDS RETENTION AND ACCESS REQUIREMENTS

D-20 DISPUTE RESOLUTION

D-21 INDEMNIFICATION FROM LIABILITY

D-22 INSURANCE AND BONDS (CONFIRM LIMITS)

D-23 BANKRUPTCY

D-24 DESTRUCTION OR DAMAGE TO SERVICE AREA FACILITIES

D-25 ASSIGNMENT, DELEGATION AND SUBCONTRACTS/SUB-LEASES

D-26 WARRANTIES AND REPRESENTATIONS

D-27 TERMINATION

D-28 DEFAULT OF NHLC

D-29 HOLDING OVER

D-30 NEGOTIATED AGREEMENT

D-31 TIME IS OF ESSENCE

D-32 NOTICES

D-33 FORCE MAJEURE

D-34 INTERPRETATION

D-35 PARTIAL INVALIDITY

D-36 WAIVER OR BREACH

D-37 GROUND LASE CONTRACT MODIFICATIONS

TABLE OF CONTENTS PAGE 3

D-38 THIRD PARTIES

D-39 HEADINGS

D-40 VENUE AND JURISDICTION

D-41 SURVIVAL

D-42 ENTIRE AGREEMENT

D-43 CONFLICT OF INTEREST

D-44 CHANGE OF OWNERSHIP

D-45 RELATIONS TO THE NHLC

D-46 CONFIDENTIAL INFORMATION

D-47 CHOICE OF LAW

D-48 SAMPLE CERTIFICATE OF VOTE (REQUIRED AT TIME OF GROUND

LEASE CONTRACT)

APPENDIX E - TERMS AND DEFINITIONS

APPENDIX F – FORMS

APPENDIX G – REFERENCE DOCUMENTS

1. INTRODUCTION

The State of New Hampshire, acting through the New Hampshire Liquor Commission (NHLC) is releasing this combined Request for Qualifications (RFQ) and Request for Proposals (RFQ/RFP) to procure a Ground Lease Contract with a Developer/Operator to construct and operate for and on behalf of the NHLC, new Service Areas in place of the existing I-95 northbound and I-95 southbound liquor and wine outlets in Hampton, New Hampshire.

The new Service Areas should provide an important first impression to the millions of local and visiting motorists traveling on Interstate 95 through this area each year. New Hampshire is a four-season destination and this prime location serves as the gateway to New Hampshire Seacoast, the City of Portsmouth, the White Mountains and other points north.

1.1 Development Approach and Key Details

The Developer/Operator shall demolish the existing liquor and wine outlets and associated facilities and replace them with new Service Area facilities to be operated by the Developer/Operator, and liquor stores to be owned and operated by the New Hampshire Liquor Commission.

It is important that the new Service Area facilities’ architecture convey themes central to those embodied in NH’s culture, history, and visual aesthetics that are emblematic of the State’s tourism appeal. The facilities must be maintained at the level typical of quality dining destinations. The Service Areas must also provide essential services such as fueling for cars;

rest room facilities; visitor information center; car, truck, and bus parking; take-out and seated food services; drive-thru facilities; a convenience store; land line telephones; and wireless internet. The new Service Area facilities shall provide locally or regionally branded and/or recognized food concepts and, if constructed, major branded or locally recognized fuel concepts. Most importantly, they should provide a must stop experience for vacation travelers and be a safe haven and comfortable rest stop for millions of motorists.

1.2 Contract Award

The Ground Lease Contract award by the NHLC will be based upon criteria, standards, and weighting identified in this RFQ/RFP. Each Developer/Operator Proposal will be considered as a whole solution, without limitation, including all services proposed, qualifications of the Developer/Operator and any sub-contractor/sub-Lessee, and revenue proposal.

1.3 Contract Type – Proposed Public/Private Partnership

The NHLC plans to execute a Ground Lease Contract for the Service Areas with the selected Developer/Operator for no less than 35 years (with two five-year options to extend, at the sole discretion of the NHLC), during which time the Developer/Operator will be responsible for all financial obligations of redeveloping and then maintaining and operating the facilities with the exception of the liquor stores, which will be financed, owned and maintained by the

NHLC.

In pursuing this public/private partnership, the NHLC has three specific goals which will guide both the criteria used to select the Developer/Operator under the solicitation and to measure the success of the venture itself. They are:

Obtain new, high quality facilities to replace the existing Service Areas and liquor stores.

Ensure that the facility design and operation will highlight themes central to those embodied in NH’s culture, history, and other visual aesthetics that are emblematic of the State’s tourism appeal and will provide a positive customer experience for the commuter, recreational traveler, and liquor store patron.

Provide a fair return to the NHLC and provide for the transfer of the facilities in satisfactory condition at the end of the lease term.

The Ground Lease Contract is defined as a document that shall incorporate the material terms of this RFQ/RFP, the selected Proposal, and typical boilerplate provisions generally found in a commercial ground lease. A draft Ground Lease Contract containing all terms and provisions is found in Appendix D. This Ground Lease Contract would be created and signed following Long Range Capital Planning approval and Governor and Executive Council Award as identified in Section 1.6: Schedule. In return for the use of NHLC property described in this RFQ/RFP for the purpose of developing, operating and maintaining Service Areas in accordance with the requirements of this RFQ/RFP, the Developer/Operator covenants and agrees to pay Rent as identified in Appendix D.

1.3.1 Agreement with New Hampshire Liquor Commission

Developer/Operator shall enter into a formal agreement with the New Hampshire Liquor Commission (NHLC) for the purpose of constructing a liquor store at each Service Area. This agreement will require the Developer/Operator to construct each liquor store and be reimbursed by the NHLC under terms defined in Appendix D-9.

1.4 Ground Lease Contract Term

Time is of the essence.

The Developer/Operator shall be fully prepared to commence work by October 1, 2026.

Ground Lease contract term is thirty-five (35) years, with two five-year options to extend, at the discretion of the State.

The Developer/Operator’s initial term is expected to begin on the date of substantial completion of the NB Service Area identified in the schedule Section 1.6 and will extend until December 31st of the 35th year. The Ground Lease Contract may be extended for two, five-year periods at the sole discretion of the NHLC. Failure to begin on the substantial completion date identified in Section 1.6 will not relieve the Developer/Operator from paying Rent as defined in the Revenue Proposal beginning on that date.

The Developer/Operator shall construct, operate and maintain the Service Areas for and on behalf of the NHLC. In the event of termination of the Developer/Operator’s Ground Lease Contract, the Service Area, including all facilities, amenities and appurtenances, shall become the unencumbered property of the NHLC and the NHLC will be free to enter into a Ground Lease Contract with another Developer/Operator.

1.5 High Level Scope of Work/Services

The Developer/Operator will be responsible for all aspects of the Project including, but not limited to:

1. Demolition of the existing northbound and southbound liquor and wine outlets.

2. All site work including parking, sidewalks, gates, fencing, landscaping, seating, lighting, security, utilities, etc.

3. Construction of new, ground-level Service Area Building(s) northbound and southbound accommodating a variety of food and travel service offerings as defined in this RFQ/RFP. Service Area buildings shall be at least 16,000 square feet, not including liquor and wine outlets. Service Areas must also include construction of a new self-service, automobile fueling station (minimum 8 pumps) and canopy northbound and southbound providing gasoline, automobile diesel, and electric vehicle charging stations.

4. Construction of a new minimum 22,000 gross square foot, ground-level liquor and wine outlet buildings to be purchased by the NHLC for their operation.

5. Operation and maintenance of the new Service Areas for thirty-five (35) years as defined under the Ground Lease Contract, unless extended.

The Developer/Operator shall be responsible for all development costs associated with the Project including, but not limited to, demolition, construction, operation and maintenance of the Service Areas as described in this RFQ/RFP. The Developer/Operator may employ subcontractors/sub-lessees to deliver required services subject to the terms and conditions of this RFQ/RFP, including but not limited to, in Appendix F: Ground Lease Contract

Requirements herein and the NHLC Terms and Conditions of this RFQ/RFP. The Developer/Operator shall remain wholly responsible for performance of the entire Ground Lease Contract regardless of whether a subcontractor/sub-lessee is used. The NHLC will consider the Developer/Operator to be the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from this Ground Lease Contract.

1.6 Schedule

The following table provides the Schedule for this RFQ/RFP through Ground Lease Contract finalization and Notice to Proceed.

EVENT DATE TIME

Draft RFQ/RFP released to Developer/Operators

10/28/25

Developer/Operator review and comment period begins

10/28/25

Developer/Operator submit RSVP to attend vendor conference

Developer/Operator conference and site visit

Developer/Operator comment period ends on Draft

RFQ/RFP

11/21/25

11/24/25

12/19/25

5:00 PM

9:00 AM

Draft RFQ/RFP Responses and Final RFQ/RFP to Developer/Operator

12/31/25

Final date for RFQ/RFP submissions

02/16/26

2:30 PM

RFQ Shortlist Announced, Invitations for oral presentations

3/16/26

Developer/Operator oral presentations and Interviews to selection committee

Week of 3/30/26

Selection Committee recommendation

Long Range Capital Planning Commission review and approval

4/13/26

Early May 2026

Finalize Ground Lease Contract document Early July 2026

Governor and Executive Council Award

Notice to Proceed (NTP)

August 30, 2026

September 30, 2026

NB Service Area substantially complete & operational no later than: September 15, 2027

SB Service Area substantially complete & operational no later than: February 15, 2028

Any delays in the Governor and Executive Council Award and Notice to Proceed shall result in a one-to-one extension of the substantially complete dates identified above.

2. DEFINITIONS OF TERMS

Capitalized terms, not otherwise defined herein, shall have the meaning set forth in the Terms and Definitions, located in Appendix E: Terms and Definitions.

3. DEVELOPER/OPERATOR CONFERENCE AND SITE VISIT

A Developer/Operator conference and site visit will be held on November 24, 2025 at 9:00 am

EDT as identified in Section 1.6: Schedule. The Developer/Operator conference will be held at:

Hampton Northbound Liquor Store

Interstate 95, Hampton, NH

All Developer/Operators who intend to submit Qualifications and Proposals are strongly urged to attend the Developer/Operator conference and site visit. Only prospective respondents will be allowed to attend the Developer/Operator conference. A sign-in sheet will be distributed, and attendees will be required to sign-in with their Developer/Operator affiliations. At the conference and site visit, there will be no questions asked/answered regarding the RFQ, RFP or selection process. Instead, all questions must be submitted in writing by the date identified in Section 1.6:

Schedule on the provided Form 1, Developer/Operator Form included in Appendix F. Questions may include requests for clarification of the RFQ/RFP and suggestions or changes that could improve the RFQ/RFP.

Only written responses to questions provided by the Developer/Operator in writing on the provided Form 1, Developer/Operator Inquiry Form included in Appendix F will be binding.

4. QUALIFICATIONS AND PROPOSALS PROCESS

This is a combined RFQ/RFP. Interested Developer/Operators will be required to submit both a qualifications package and a proposal package (in separate, sealed envelopes) by the date and time identified in Section 1.6: Schedule in order to be considered for the Hampton Service Area Ground Lease Contract.

A Selection Committee, comprised of representatives from various State agencies will review, interview, rate, and prequalify five (5) Developer/Operators based on the criteria set forth below. At the RFQ stage, per Section VI and Section VII of Section 6.3, financial strength and the required acknowledgement will be considered pass/fail. The Selection Committee will reserve the right to reject any and all Qualification and/or Proposal Packages and cancel, at its sole discretion the RFQ or RFP. The Selection Committee will only open and consider the Proposals of those five (5) Developer/Operators who are determined to be qualified. Any Developer/Operator who has not been determined to be qualified will not have their Proposals opened and scored. Qualifications and Proposal details are outlined in Sections 5, 6, and 7.

5. QUALIFICATIONS AND PROPOSAL INSTRUCTIONS, SUBMISSION, DEADLINE,

AND LOCATION

Qualifications and Proposals submitted in response to the RFQ/RFP must be received by the

NHLC, no later than the time and date specified in Section 1.6: Schedule. Qualifications and

Proposals must be addressed to:

Ms. Patricia L. Peters, Esq.

Director of Administration

New Hampshire Liquor Commission

50 Storrs Street

Concord, NH 03301

Two separate packages must be submitted.

Packages containing Qualifications must be clearly marked as follows:

REQUEST FOR QUALIFICATIONS

DEVELOPER/OPERATOR FOR

HAMPTON I-95 LIQUOR PROPERTIES

Packages containing Proposals must be clearly marked as follows:

REQUEST FOR PROPOSALS

All sections of the RFQ/RFP must be completed and delivered to the primary contact person by the submission deadline. Late submissions will not be accepted and will be returned to the Developer/Operator unopened. Preparation and delivery of the RFQ/RFP shall be at the Developer/Operator’s expense.

An RFQ/RFP submission shall be deemed received on the date and at the time officially documented by the NHLC as having been received at the location designated above. The NHLC accepts no responsibility for mislabeled mail or mail that is not delivered or undeliverable for whatever reason. Any damage that may occur due to shipping shall be the Developer/Operator’s responsibility. Qualifications and Proposals transmitted by facsimile or email will not be accepted.

All Qualifications and Proposal packages submitted in response to this RFQ/RFP must consist of one (1) original (clearly marked as such) and ten (10) clearly identified copies of the Qualifications and Proposal packages, including all required attachments, and one (1) electronic copy of the Qualifications and Proposals in a searchable PDF format on flash drive.

In the Qualifications package, a separate, sealed envelope shall contain one (1) original (clearly marked as such) and ten (10) copies of the Financial Information, and one (1) electronic copy of the Financial Information in a searchable PDF format on a flash drive. The Financial Information shall be clearly marked “FINANCIAL INFORMATION”.

In the Proposals package, a separate, sealed envelope shall contain one (1) original (clearly marked as such) and ten (10) copies of the Fixed Rent, Percentage Rent, Fuel Rent, and Electric Vehicle Charging Rent, and one (1) electronic copy of the Fixed Rent, Percentage Rent, Fuel Rent, and Electric Vehicle Rent in a searchable PDF format on a flash drive. The Fixed Rent, Percentage Rent, Fuel Rent, and Electric Vehicle Rent envelope shall be clearly marked “REVENUE PROPOSAL”.

Both the Qualifications and Proposals shall be accompanied by the transmittal letter described in Appendix F, Form 2: Qualifications Transmittal Letter, and Form 3: Proposal Transmittal

Letter, herein. The original and all copies shall be bound separately. One (1) copy of the Transmittal form letter shall be signed by an official authorized to legally bind the Developer/Operator and shall be marked “ORIGINAL.” A Developer/Operator’s disclosure or distribution of its Qualifications and Proposals other than to the NHLC will be grounds for disqualification.

5.1 RFQ/RFP Inquiries

All inquiries concerning this RFQ/RFP, including requests for clarification, shall be submitted via email to:

Patricia L. Peters, Esq.

Director of Administration

NHLC.RFP.Hampton@liquor.nh.gov

Ms. Peters shall be the Issuing Officer and single point of contact for this RFQ/RFP.

Developer/Operators are required to submit questions via email on Form 1, Developer/Operator Inquiry Form included in Appendix A. Inquiries can be submitted at any time up until the date and time identified in Section 1.6: Schedule. The NHLC assumes no liability for assuring accurate/complete email transmission/receipt and is not responsible to acknowledge receipt. Developer/Operators shall not contact the Issuing Officer by phone with any inquiries. Developer/Operators shall not contact the Issuing Officer after the close of the RFQ/RFP inquiry period.

The NHLC intends to issue official responses to properly submitted inquiries on or before the date specified in the Schedule section, herein; however, this date is subject to change at the NHLC’s discretion. The NHLC may consolidate or paraphrase questions for efficiency and clarity. The NHLC may, at its discretion, amend this RFQ/RFP on its own initiative or in response to issues raised by inquiries, as it deems appropriate. Oral statements, representations, clarifications, or modifications concerning the RFQ/RFP shall not be binding upon the NHLC. Official responses by the NHLC will be made only in writing by posting on the NHLC website at https://gov.liquorandwineoutlets.com/public-notices/.

Developer/Operators shall be responsible for reviewing updated information related to this RFQ/RFP before submitting Qualifications and Proposals.

All inquiries must be received by the RFQ/RFP Issuing Officer no later than the date and time identified in Section 1.6: SCHEDULE. Inquiries received later than the conclusion of the Developer/Operator Inquiry Period shall not be considered properly submitted and may not be considered.

5.2 Restriction of Contact with NHLC Employees

During the pendency of the RFQ/RFP process and as it relates to this RFQ/RFP, all substantive communications regarding this RFQ/RFP with NHLC employees, DAS employees, DOT employees, DOJ employees, DoIT personnel who support the NHLC or other vendors with the NHLC is forbidden. This also includes HNTB and any identified members of the

HNTB Team. NHLC employees have been directed not to hold conferences or engage in discussions concerning this RFQ/RFP with any potential Developer/Operator during the selection process. Developer/Operators may be disqualified for violating this restriction on communications.

5.3 Validity of RFQ/RFP

Qualifications and Proposals are valid for one hundred and eighty (180) days following the deadline for submission of the RFQ/RFP in Section 1.6: SCHEDULE, or until the Effective Date of any resulting Professional Services Agreement, whichever is later.

5.4 RFQ/RFP Addendum

The NHLC reserves the right to amend this RFQ/RFP at its discretion, prior to the RFQ/RFP submission deadline. In the event of an addendum to this RFQ/RFP, the NHLC, at its sole discretion, may extend the RFQ/RFP submission deadline, as it deems appropriate.

5.5 Non-Collusion

The Developer/Operator’s signature on a Qualifications and Proposal package submitted in response to this RFQ/RFP guarantees that the terms and conditions, and work quoted have been established without collusion with other Developer/Operators and without effort to preclude the NHLC from obtaining the best possible competition.

5.6 Property of the NHLC

All material received in response to this RFQ/RFP shall become the property of the State of New Hampshire and will not be returned to the RFQ/RFP respondent. Upon any eventual resulting Contract award, the NHLC reserves the right to use any information presented in any Qualifications and Proposals package.

5.7 Confidentiality of Qualifications and Proposals

Unless necessary for the approval of a contract, the substance of the Qualifications and Proposals must remain confidential until the Effective Date of any Contract resulting from this RFQ. A Developer/Operator’s disclosure or distribution of Qualifications and Proposals other than to the NHLC will be grounds for disqualification.

5.8 Public Disclosure

In order to protect the integrity of the competitive selection process, notwithstanding RSA 91- A:4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to RFQ/RFPs, RFQs or similar requests for submission for the purpose of procuring goods or services or awarding contracts from the time the request is made public until the closing date for responses.

In accordance with RSA 9-F:1, any contract and/or agreement entered into as a result of this RFQ/RFP will be made accessible to the public online via the website Transparent NH (http://www.nh.gov/transparentnh/). The content of each submission shall become public information upon the award of any resulting Contract. Any information submitted as part of a response to this RFQ/RFP may be subject to public disclosure under RSA 91-A. However, business financial information and proprietary information such as trade secrets, business and financial models and forecasts, and proprietary formulas may be exempt from public disclosure under RSA 91-A:5, IV. If you believe any information being submitted in response to this RFQ/RFP should be kept confidential as financial or proprietary information; you must specifically identify that information in a letter to the agency and must mark/stamp each page of the materials that you claim must be exempt from disclosure as “CONFIDENTIAL.” A designation by the Broker of information it believes exempt does not have the effect of making such information exempt. The NHLC will determine the information it believes is properly exempt from disclosure. Marking of the entire submission or entire sections of the submission as confidential will neither be accepted nor honored. The NHLC will endeavor to maintain the confidentiality of portions of the submission that are clearly and properly marked confidential.

If a request is made to the NHLC to view portions of a submission that the Developer/Operator has properly and clearly marked confidential, the NHLC will notify the Developer/Operator of the request and of the date the NHLC plans to release the records. By responding to this RFQ/RFP, the Developer/Operator agrees that unless the Developer/Operator obtains a court order, at its sole expense, enjoining the release of the requested information, the NHLC may release the requested information on the date specified in the NHLC’s notice without any liability to the Developer/Operator.

5.9 Non-Commitment

Notwithstanding any other provision of this RFQ/RFP, this RFQ/RFP does not commit the NHLC to award a Contract or enter into an agreement. The NHLC reserves the right, at its sole discretion, to reject any and all submissions, or any portions thereof, at any time; to cancel this RFQ/RFP; and to solicit new submissions under a new acquisition process.

5.10 Qualifications and Proposal Review

The NHLC reserves the right to waive minor or immaterial deviations from the RFQ/RFP requirements, if determined to be in the best interest of the NHLC; and omit any planned evaluation step if, in the NHLC’s view, the step is not needed.

5.11 Preparation Cost

By responding to this RFQ/RFP, a Developer/Operator agrees that in no event shall the NHLC be either responsible for or held liable for any costs incurred by a Developer/Operator in the preparation of or in connection with the Submission, or for Work performed prior to the Effective Date of a resulting Contract.

5.12 Ethical Requirements

From the time this RFQ/RFP is published until a contract is awarded, no Developer/Operator shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will or has selected, evaluated, or awarded an RFQ/RFP, or similar submission. Any Developer/Operator that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2. Any Broker that has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or that is subject to a pending criminal charge for such an offense, shall be disqualified from bidding on the RFQ/RFP, or similar request for submission and every such Developer/Operator shall be disqualified from bidding on any RFQ/RFP or similar request for submission issued by any state agency. A Developer/Operator that was disqualified under this section because of a pending criminal charge that is subsequently dismissed, results in an acquittal, or is annulled, may notify the Department of Administrative Services, which shall note that information on the list maintained on the state’s internal intranet system, except that in the case of annulment, the information shall be deleted from the list.

5.13 Required Ground Lease Contract Terms and Conditions

By submitting Qualifications and a Proposal, the Developer/Operator agrees that the Ground Lease Contract requirements and deliverables, contained in Appendix D, shall form the basis of any contract resulting from this RFP. In the event of any conflict between the NHLC’s Ground Lease Contract and any portion of the Developer/Operator’s Qualifications and Proposal, the NHLC’s Ground Lease Contract shall take precedence and supersede any and all such conflicting terms and conditions contained in the Developer/Operator’s Qualifications and Proposal.

5.14 Award

The NHLC plans to execute a Ground Lease Contract, as a result of this RFQ/RFP. The NHLC reserves the right, at its discretion, to award by item, part or portion of an item, group of items, or total Proposal. Ground Lease Contract requirements and deliverables are included in Appendix D.

If a Ground Lease Contract is awarded, the Developer/Operator must obtain written consent from the NHLC before any public announcement or news release is issued pertaining to any Ground Lease Contract award. Such permission, at a minimum, will be dependent upon approval of the Ground Lease Contract by Governor and Executive Council of the State of New Hampshire.

6. QUALIFICATIONS REQUIREMENTS AND DELIVERABLES

The RFQ process will allow the Selection Committee to evaluate potential Developer/ Operators against baseline criteria to determine if they should advance to the RFP process. Baseline criteria include:

● Developer/Operator Team and Key Staff qualifications and experience, including experience in development projects;

● Indication of sufficient financial strength;

● Project approach and high-level site development concept (conceptual layout, exterior liquor stores, and other property building sketches and elevations); and

● Acknowledgement of proposed Ground Lease Contract requirements and deliverables, contract terms, business operations, processes, target-market opportunities, and desired NHLC outcome

The Selection Committee will review each respondent’s qualifications package and shortlist all respondents who meet the minimum scoring requirements to open the sealed Proposals.

Qualifications scoring and minimum scoring requirements are identified in Section 6.4:

Qualifications Scoring and Selection Process. Respondents that are shortlisted will be selected based upon qualifications, financial strength, Developer/Operator and/or Team or Key Staff experience, project approach and development concepts as defined in this RFQ/RFP. The Department reserves the right to reject all qualifications packages and cancel the RFQ/RFP, at its sole discretion, at any time.

6.1. QUALIFICATIONS FORMAT

Qualifications shall follow the following format:

● Qualifications shall be bound.

● Qualifications shall be printed on white paper with dimensions of 8.5 by 11 inches with right and left margins of one (1) inch.

● Qualifications shall use Times New Roman font with a size of eleven (11). Exceptions for paper and font sizes are permissible for: Graphical exhibits, including organization charts and site plans, may be printed on white paper with dimensions 11 inches by 17 inches.

● Each page of the Qualifications shall include a page number and the number of total pages and identification of the Developer/Operator in the page footer. Each page shall be numbered consecutively within each Section (i.e., 1-1, 1-2…; 2-1, 2-2…; 3-1, 3-2…, etc.), and the page numbers shall be centered at the bottom of each page.

● Qualifications shall be printed double-sided. Each side of each page shall be considered one page.

● Tabs shall separate each section of the Qualifications.

6.2. QUALIFICATIONS ORGANIZATION

Qualifications shall adhere to the following outline and shall have a total page limit of fifteen

(15) pages, excluding the items identified below as not applying to the page limit.

Section Page Limit Applies?

(Yes/No)

Cover Page No

Transmittal Form Letter No

Table of Contents No

Section I: Project Understanding and Approach Yes

Section II: Developer/Operator Team Qualifications and Experience

Yes

Section III: Site Concepts No

Section IV: Mix and Intensity of Potential Uses Yes

Section V: Resumes of Key Staff No

Section VI: Financial Capacity No

Section VII: Single Page acknowledging proposed process and desired NHLC outcome

No

6.3. QUALIFICATIONS CONTENT

Qualifications must contain the following:

Cover Page

The first page of the Developer/Operator’s Qualifications must be a cover page containing the following text:

REQUEST FOR QUALIFICATIONS

The cover page must also include the Developer/Operator’s name, contact person, contact telephone number, address, city, state, zip code, fax number, and email address.

Transmittal Form Letter

The Developer/Operator must submit a hand-written or typed and signed transmittal form letter with their response using the Form 2, Qualifications Transmittal Letter provided in Appendix F. Any electronic alteration to this Transmittal Form Letter is prohibited. Any such changes will result in Qualifications being rejected.

Table of Contents

The Developer/Operator must provide a table of contents with corresponding page numbers relating to its Qualifications. The table of contents must conform to the outline provided in Section 6.2: Qualifications Organization, but should provide detail, e.g., numbering, level of detail.

Section I: Project Understanding and Approach

Section I shall provide an overview of how the Developer/Operator will generally meet the details outlined in Section 1.6 High Level Scope of Work/Services, to this Request for Qualifications. Section I shall also provide an overview of the Developer/Operator’s proposed approach to how the Service Areas will be designed, constructed, financed, operated, maintained, and products and services to be provided. Other factors that may be identified include opportunities to utilize local labor, vendors, and materials.

Developer/Operators are encouraged to highlight those factors that they believe distinguish their Qualifications.

Section II: Developer/Operator Team Qualifications and Experience

Section II shall consist of two parts and provide the following:

● Part I: Corporate qualifications of all firms proposed to participate in the Project.

Qualifications should identify role, major business area of the firm, and a high-level description of the firm’s organization and staff size. Up to three (3) project descriptions with references shall be provided for each firm noting prior similar development projects, including those under a ground lease contract, completed within the past fifteen (15) years. At a minimum, the following firms should be identified in Part I:

o Proposed Developer/Operator o Construction Contractor o Lead Design Engineer o Lead Architect o Facility Operations and Maintenance o Any other key firms included in the Developer/Operator’s team

Firms identified in this Qualifications package will not be allowed to be changed during this process without written notification to and approval from the NHLC.

Project descriptions provided must be for projects completed in the last fifteen (15) years. Each project description should include:

o An overview of the Project covering type of client, objective, scope, role of the firm, and outcome;

o Project measures, including project costs or ground lease contract financials, proposed and actual project schedule;

o Names and contact information (name, title, address, current email and telephone number) for one or two references from the client; and o Names and Project roles of individuals on the project team that are being proposed on the current Hampton Service Area project

● Part II: Identification of key staff proposed to participate in the Project. A summary of key staff roles, responsibilities, and depth of experience should be provided along with an organization chart depicting the Developer/Operator’s Project Team. The chart should also recognize the NHLC as the owner of the property. At a minimum, the following key staff should be identified in Part II:

o Proposer’s Project Manager o Construction Manager o Lead Design Engineer o Lead Architect o Facility/Service Area Operations Manager

Key staff identified in this Qualifications package will not be allowed to be changed during this process without written notification to and approval from the NHLC. Full resumes of key staff should not be included in Section II but in Section V: Resumes.

Section III: Site Concepts

In Section III, the Developer/Operator shall provide conceptual site concepts and exterior building sketches for both the Service Area and Liquor Buildings that demonstrate their ideas and plans for the Hampton Liquor Properties. The Developer/Operator must describe how the design concept’s architecture conveys themes central to those embodied in NH’s culture and history. The conceptual site plans should take into account constructability issues and utility constraints. The

Developer/Operator shall provide a description of how the new Service Area facilities will incorporate locally or regionally branded and/or recognized food concepts and dining experiences.

Locally or regionally branded or recognized food concepts means food products produced in or commonly associated with New Hampshire including, but not limited to, apples and apple products (apple cider, apple cider donuts), maple and maple products, and/or seafood. Although a Developer/Operator will not be disqualified because the Site Concept incorporates a nationally branded or franchised dining experience, the NHLC highly disfavors incorporating these into the Site Concept. The NHLC prefers locally or regionally branded and/or recognized dining experiences in the Service Area.

Developer/Operator shall provide plans at suitable scale and detail so that a clear understanding of site concepts can be understood. Plans shall follow size requirements as identified in Section 6.2:

Qualifications Format.

Section IV: Mix and Intensity of Potential Uses

The Developer/Operator shall identify a proposed mix and intensity of potential uses in Section IV that are consistent with the proposed site concepts. This section shall also include a narrative on why and how the proposed uses will be complimentary to the presence of the proposed liquor and wine outlets.

Section V: Resumes

Full resumes shall be provided in Section V for all key staff identified in Section II. Resumes shall be a maximum of two pages.

Section VI: Financial Information (to be provided in a separate, sealed envelope)

Section VI must demonstrate the Buyer/Developer’s financial capacity to finance the re-development of the Hampton Liquor sites, and to operate and maintain the facilities, including funding all construction, improvements, and maintenance requirements. To demonstrate financial capacity, the Buyer/Developer shall provide the following information:

Overview of principal firms’ financial structure(s)

Two (2) most recent audited/reviewed financial statements for all Buyer/Developer affiliated companies

Disclosure of all pending or resolved litigation within the past fifteen (15) years for all major

Buyer/Developer affiliated companies involved with funding, construction, and on-going maintenance

Initial funding sources and terms

Current document identifying ability to raise sufficient capital to construct the project must include either a letter of credit from a reputable lending institution or statement acknowledging sufficient capital on hand specifically for this project

All covenants or liens on assets and debts

Detail of financial strength to support construction of infrastructure specifically for this project and ongoing maintenance and operation of the facilities, including all bonding and insurance requirements.

If audited financial statements are not available for an entity, the Developer/Operator must provide unaudited financial statements that are certified as true, correct, and complete by the senior financial officer of the entity along with an explanation as to why audited financials are not available. For any submitting entity that does not have independent financial statements, the Qualifications must include a statement signed by an authorized representative of the entity explaining why such financial statements are not available and providing sufficient and timely financial information for a third party to determine that it has the financial resources to successfully execute a project of this nature and scope. This situation may include a Corporation or Team formed for this project who can provide individual financial statements but not audited or third party financial statements for the Corporation or Team. Sufficiency of alternate information is at the sole discretion of the NHLC; a letter or affidavit without financial information will not be sufficient.

Following the review of the financial documents provided, the NHLC reserves the right to request additional financial documentation from the Operator.

Failure to provide adequate or detailed financial information as described above in the

Qualifications will result in disqualification. The NHLC intends to conduct a detailed review of the financial information, including background checks on the information provided, and assess the capacity that the proposed Buyer/Developer has to complete the project.

Section VII: Proposed Process and Desired NHLC Outcome The Developer/Operator shall acknowledge in writing in Section VII the proposed RFQ and RFP selection process, as well as acknowledge the desired NHLC outcome as indicated by the various goals and criteria identified throughout this RFQ/RFP.

6.4. QUALIFICATIONS SCORING AND SELECTION PROCESS

The Selection Committee will use a scoring scale of 100 points, which shall be applied to the qualifications as a whole. The maximum points awarded by category and subcategory are shown in the following table:

Hampton Liquor Properties - RFQ Criteria and Scoring

CATEGORY POINTS

QUALIFICATIONS AND EXPERIENCE 35 Total

Developer/Operator’s experience in similar projects

Team members’ experience in similar projects

Key staff qualifications

PROJECT APPROACH AND SITE CONCEPTS 65 Total

Project approach and understanding

Mix and intensity of potential site uses

Conceptual site plans with a focus on public amenities and environmental education and/or mitigation

TOTAL POTENTIAL MAXIMUM POINTS 100

Financial strength and acknowledgement as outlined in Sections VI and VII will be considered pass/fail.

The Qualifications will be evaluated by a Selection Committee made up of individuals selected by the NHLC including at least one employee from the N.H. Department of Transportation and

N.H. Department of Business and Economic Affairs. The Selection Committee will review and evaluate all conforming submissions according to the requirements identified in Section 6:

Qualifications Requirements and Deliverables herein.

Developer/Operator qualifications shall be considered conforming and responsive provided that the information is submitted within the allowed time periods and contains all requested information as specified. In making its evaluation and selection, the Selection Committee will rely on the information submitted by the Developer/Operators in the qualifications and proposal packages.

The Selection Committee will review and score each respondent’s qualifications package and will qualify the top five (5) scored Developer/Operators. Proposals submitted by the five (5) qualified Developer/Operators will be opened. The Selection Committee will reserve the right to reject any and all Qualification Packages and cancel, at its sole discretion the RFQ.

Developer/Operators who have not been qualified will be notified within 24 hours of Qualifications scoring being completed and their Proposals will not be opened.

Written acknowledgement of the proposed process and desired NHLC outcome must be provided as outlined in Section 6.3: Qualifications Content.

7. PROPOSAL REQUIREMENTS AND DELIVERABLES

The Proposal process will allow qualified Developer/Operators to provide further detail of their proposed approach to developing the Service Area properties as part of a Ground Lease Contract.

The Proposal will include additional information that the respondents will need to provide to in their detailed proposals. Detailed criteria to be considered includes, but is not limited to, the following:

● Construction schedule and committed undertakings;

● Proposed operational model and processes;

● Approach to redeveloping the properties with the least amount of disruption to NHLC operations;

● Overall concepts, including appearance, design, vendors, site layout, sustainability, environmental footprint, and ability to utilize New Hampshire-based vendors, businesses, and/or materials;

● Understanding of required NHLC building size, layout, materials, and operational requirements;

● The Developer/Operator must expand sewage capacity to the Service Area through a connection to the Town of Hampton’s utility system. In designing the sewage connection, the

Developer/Operator must also provide for a way for the Town of Hampton tie-in to the expanded system.

● Quality, functionality, and visual appeal of proposed interior and exterior design concept that reflects New Hampshire’s unique history, culture, geography, and other visual aesthetics that are emblematic of the State’s tourism appeal;

● Innovation related to architectural, engineering, or other aspects of the building and site properties, including sustainability and energy efficiency;

● Prior safety records of the buyer/developer and its Team;

● Construction, operation, and maintenance record on other similar development projects;

● Acceptance of proposed contract terms;

● Staffing plan that demonstrates ability of Buyer/Developer to meet level of operations and maintenance required;

● Variety of services, and proven stability and experience of the concepts and tenants providing services at similar types of location;

● Proposed customer service feedback approach and marketing strategy; and

● Buyer/Developer proposed strategy to deal with growth and demand for new products and services

NHLC reserves the right to provide additional selection criteria in the RFP.

The Selection Committee will review Proposals and develop initial scores for each respondent.

Each Developer /Operators whose Proposal is reviewed will be interviewed by the Selection

Committee, which will provide the opportunity for the prospective buyer/developer to more fully describe their project approach and key aspects of their proposal.

The Selection Committee, at its sole discretion, reserves the right to ask for clarifications or additional information from each Buyer/Developer, prior to or following the interviews. In addition, the Selection Committee, at its sole discretion, reserves the right to request a Best and Final Offer (BAFO) of each Proposer following the interviews.

If requested to submit a BAFO, Buyer/Developer will need to consider any issues or concerns raised during the pre-and post-interview process, and make changes deemed viable to their original proposal in their BAFO. The Selection Committee will then determine which Proposal, if any, best helps the NHLC achieve its goals as described in the RFP and make recommendation to the Long-Range Capital Planning and Utilization Committee and Governor and Executive Council.

7.1 PROPOSAL FORMAT

Proposals shall follow the following format:

Proposals shall be bound.

Proposals shall be printed on white paper with dimensions of 8.5 by 11 inches with right and left margins of one (1) inch.

Proposals shall use Times New Roman font with a size of eleven (11). Exceptions for paper and font sizes are permissible for: Graphical exhibits, including organization charts and site plans, may be printed on white paper with dimensions 11 inches by 17 inches, and plans which may be printed on paper with dimensions no greater than 22 inches by 34 inches to accommodate desired scales for building and site plans.

Each page of the Proposals shall include a page number and the number of total pages and identification of the Developer/Operator in the page footer. Each page shall be numbered consecutively within each Section (i.e., 1-1, 1-2…; 2-1, 2-2…; 3-1, 3-2…, etc.), and the page numbers shall be centered at the bottom of each page.

Proposals shall be printed double-sided. Each side of each page shall be considered one page.

Tabs shall separate each section of the Proposals.

The NHLC reserves the right to waive minor deficiencies as it sees fit.

7.2. PROPOSAL ORGANIZATION

Proposals shall adhere to the following outline and shall have a total page limit of seventy-five

(75) pages, excluding the items identified below as not applying to the page limit.

Technical Proposal Page Limit Applicability

Section Page Limit Applies?

(Yes/No)

Cover Page No

Transmittal Form Letter No

Table of Contents No

Section I: Executive Summary Yes

Section II: Glossary of Terms and Abbreviations Yes

Section III: Development Concepts and Narrative Responses Yes

Section IV: Response to Ground Lease Contract Requirements and Deliverables

Yes

Section V: Detailed Schedule No

Fixed Rent, Percentage Rent, and Fuel Rent (in separate, sealed envelope)

Section Page

Limit

Applies?

(Yes/No)

Section VI: Revenue Proposal (completed Forms 5-8 in Appendix

F) No

Section VI: Revenue Proposal shall be provided in a separate sealed enveloped as identified in

Section 7.3: Proposal Content.

7.3. PROPOSAL CONTENT

Proposals must contain the following:

Cover Page

The first page of the Developer/Operator’s Proposals must be a cover page containing the following text:

REQUEST FOR PROPOSALS

The cover page must also include the Developer/Operator’s name, contact person, contact telephone number, address, city, NHLC, zip code, fax number, and email address.

Transmittal Form…