REQUEST FOR PROPOSALS X001526

FOOD AND BEVERAGE CONCESSIONS AT

Midway State Park Bemus Point, NY

RFP Released: Monday, August 10, 2026 Proposals Due: Wednesday, September 9, 2026

RFP X001526 Midway Food and Beverage Concessions

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RFP X001526 Midway Food and Beverage Concessions Page i

TABLE OF CONTENTS

I. STATE PARKS MISSION & GOAL

II. LICENSE TERM

III. RFP TIMETABLE & SUBMISSION ADDRESS

IV. CONTACT INFORMATION

V. BACKGROUND

VI. PREMISES

VII. SCOPE OF CONCESSIONS

RFP REQUIREMENTS

VIII. BUSINESS CONSIDERATIONS & REQUIREMENTS

IX. MINIMUM FINANCIAL REQUIREMENTS

X. GUIDANCE ON FORM & CONTENT OF PROPOSALS

XI. PROPOSAL SUBMISSION INSTRUCTIONS

XII. PROPOSAL REVIEW

XIII. METHOD OF EVALUATION AND AWARD

XIV. MODIFICATION/WITHDRAWAL/REJECTION OF PROPOSALS

XV. PROCUREMENT REQUIREMENTS

EXHIBITS

EXHIBIT A ˗ REQUIRED FORMS

ATTACHMENT #5: SFL § 139-l, § 139-m, and EXECUTIVE ORDER # 177 Certification ATTACHMENT #6: EXECUTIVE ORDER #16 Certification

EXHIBIT B – PARK MAP DEPICITING PREMISES

EXHIBIT C – REPORTED CONCESSIONS REVENUE HISTORY

EXHIBIT D – BILLED UTILITY HISTORY

EXHIBIT E – PROCUREMENT REQUIREMENTS

SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR § 139-j and §139-k

FREEDOM OF INFORMATION LAW (FOIL)

OFFICE OF THE STATE COMPTROLLER REVIEW

CONDITIONS, TERMS, LIMITATIONS, AND GENERAL INFORMATION

EXHIBIT F – SAMPLE LICENSE

RFP X001526 Midway Food and Beverage Concessions

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RFP X001526 Midway Food and Beverage Concessions Page 1

I. STATE PARKS MISSION & GOAL

The mission of the New York State Office of Parks, Recreation, and Historic Preservation (“State Parks”) is to provide safe and enjoyable recreational and interpretive opportunities for all New York State residents and visitors and to be responsible stewards of our valuable natural, historic, and cultural resources.

This request for proposals (“RFP”) seeks a private sector operator for the designated food and beverage concessions (hereinafter the “Concessions,”) within the Hippodrome Building and Amusement Ride Area at Midway State Park, Bemus Point, NY (“the Park”). A single concessionaire shall provide high quality, affordable service, inviting atmospheres, and a variety of traditional and diverse food and beverage options as well as additional optional concession offerings at the Park. Proposals must reflect excellence, professionalism, and high quality for the Concessions including menu offerings, management and operations, and customer service. This RFP has mandatory minimum financial requirements for license fees, RR&M obligation, utility fees, and other required payments that are outlined in Section IX.

This RFP will result in the award of a new concession license agreement (“License”) to the successful party (“Licensee”). The specific premises comprising the fixed concession facilities are identified in Section VI and referred to collectively as the “Premises.” Please refer to Attachment B of the Sample License (Exhibit “F”) for an Inventory of Equipment.

The License granted will be in accordance with the terms and conditions of this RFP, State Parks’ operating requirements, and all applicable laws, rules, and regulations. The “Sample License” (including Appendix A - Standard Clauses for New York State Contracts) is provided in Exhibit “F” and substantially reflects the mandatory legal and operating requirements that will comprise the License to be granted. Questions of State Parks relating to the Sample License should be submitted in accordance with RFP Section IV prior to submission of a proposal.

II. LICENSE TERM

The term of the License will commence on or about January 1, 2027, and conclude on December 31, 2029, subject to approval by the Office of the New York State Comptroller. Upon approval by the Office of the New York State Comptroller and written mutual agreement of State Parks and the Licensee, the term may be extended up to an additional three (3) years.

III. RFP TIMETABLE & SUBMISSION ADDRESS

The following timetable is established for this RFP and is subject to change. State Parks may extend the due date for proposals by issuance of addenda to this RFP. Prior to submitting a proposal, respondents should check the NY State Contract Reporter website (https://www.nyscr.ny.gov/) to confirm the issuance of addenda relating to the RFP schedule.

RFP Released: Monday, August 10, 2026 Proposals Due: 3:00 P.M., Wednesday, September 9, 2026 Oral Presentations: TBD, September 2026 https://www.nyscr.ny.gov/

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Proposals must be RECEIVED IN HAND by State Parks on or before the prescribed date and time at:

NYS Office of Parks, Recreation & Historic Preservation Attn: X001526 Midway Food and Beverage Concessions Proposal Concessions Management Bureau 625 Broadway, 3rd Floor Albany, NY 12207

Proposals not received in hand by State Parks at its Albany office by the official due date and time will be deemed untimely and returned. Refer to section XI Proposal Submission Instructions of the RFP for detailed information.

IV. CONTACT INFORMATION

A. DESIGNATED CONTACTS

Important guidelines regarding communications during this procurement are included in this RFP (Exhibit E: Procurement Requirement #1). Interested parties are advised to be familiar with these guidelines before contacting State Parks’ staff as prohibited contact or communication may result in disqualification from participation in the RFP.

The following individuals are the ONLY Designated Contacts for this RFP process.

Alexis DeLaTorre, Contract Management Specialist 1 Rosaria DiSanto, Contract Management Specialist 2 Kathy O’Brien Rose, Director, Concessions Management Bureau

E-mail: Concessions@parks.ny.gov Phone: 518-486-2932 Mailing Address: New York State Office of Parks, Recreation and Historic Preservation

Concessions Management Bureau, 3rd Floor 625 Broadway, Albany, NY 12207

NOTE: Interested parties may communicate with State Parks’ representatives to schedule and pose questions during a site visit and confirm receipt by State Parks of submitted inquiries, the issuance of addenda, and to verify the timely submission of a proposal.

B. SITE TOUR

A site tour of the Premises is not required but is recommended. Midway State Park is open to the public on a regular schedule and is generally accessible year-round although access to certain concessions areas, buildings, and structures may be limited or restricted. Respondents may contact Marla Bingham-Melcher, Park Manager 3 (Email: Marla.Connelly@parks.ny.gov or Phone: 716- 450-6490) to schedule a formal visit. State Parks will coordinate all scheduling and for efficiency may consolidate requests for site visits into group tours.

Parties should first carefully review the RFP and any published addenda when scheduling a site visit. State Parks’ tour staff provide site orientation and information about the Premises as set forth in the RFP and published addenda. To ensure a timely response to inquiries, substantive questions arising during a site visit must be submitted in writing to State Parks, preferably within three days mailto:Concessions@parks.ny.gov mailto:Marla.Connelly@parks.ny.gov

RFP X001526 Midway Food and Beverage Concessions Page 3 of the visit.

C. QUESTIONS & INQUIRIES

All other inquiries and requests for information regarding this RFP must be made in writing and emailed to State Parks address listed in the “Designated Contacts” section. Individual responses will not be provided. State Parks will provide written responses to questions in the form of one or more addenda to the RFP which shall be published on the NY State Contract Reporter website (https://www.nyscr.ny.gov/). Such official addenda are the only authorized method used to communicate substantive information, including the clarification or modification of the timeline, terms, or other requirements of this RFP.

V. BACKGROUND

A. THE PARK

Midway State Park is a historic amusement park offering family fun nestled on the shores of Lake Chautauqua in the town of Bemus Point, Chautauqua County. Originally established in 1898 and acquired by State Parks in 2006, the entire park has been placed on the National Register of Historic Places. Midway is a historic icon on the shore on Lake Chautauqua and patrons have nostalgic memories going back generations. Midway offers rides for all ages, a wall for rock climbing, food concessions, mini-golf, go-karts, a kiddie rollercoaster, and museum with gift shop.

The arcade includes classic games such as Skee-Ball and The Crane. Larger groups can reserve one of the three picnic pavilions or the Sunset room for family reunions and company picnics.

B. RECENT PARK IMPROVMENTS

Each year, the park makes improvements while working toward the vision ensconced in the master plan. Recent major projects include: the renovation and installation of a Ferris wheel; moving arcade operations to three converted pavilions near the carousel; installation of a new multi-age, ADA accessible playground, and bringing a new main power line into the park in the upper ride area to support expansion of the rides.

Upcoming projects include removal of the old arcade, which will open up the view from the upper park to the concession area and provide more seating near concessions. A new maintenance barn is under construction with the ultimate goal of removing park maintenance functions from the Hippodrome, and sewer infrastructure has been run to the ride area to support a future restroom and secondary concession building construction project.

C. REPORTED PARK ATTENDANCE

Reported Park Attendance

2021* 2022 2023 2024 2025 Annual Average 2022-2025

62,271 95,882 110,265 115,843 110,792 108,196 *Attendance for 2021 was impacted by the COVID-19 pandemic and is not included in the annual average.

D. BUSINESS HISTORY

Concession Gross Receipts as reported for years 2021 – 2025 are set forth in Exhibit “C” of this

RFP.

https://www.nyscr.ny.gov/

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VI. PREMISES

An annotated map of Midway State Park identifying the location of the Premises is annexed as Exhibit “B”. An inventory of equipment is available as Attachment “B” of the Sample License (Exhibit “F”).

The following outlines the Premises and the Concessions subject to this RFP:

Hippodrome Concession: The concession is on the ground level of the Hippodrome building. The Premises is fully equipped with electricity, gas, water, and sewer. There are four walk up serving windows to serve patrons from, and four rooms that are interconnected to work in. The kitchen area is approximately 20’x 20’ with an additional grill area of 20’x 13’. In addition to the kitchen and grill area, there is a 21’x 12’ storage room and a 21’x 13’ area that can house small and large appliances.

Amusement Ride Concession: This location is a 35’ x 25’ blacktop space located next to the new picnic area in the center of the Amusement Ride Area. Electricity connection is available and potable water can be provided via a food grade hose, however there is no access to drains, sewer, or gas connections.

VII. SCOPE OF CONCESSIONS

This RFP invites proposals to operate seasonal high-quality food and beverage concessions at the Premises, commencing for the 2027 operating season. All proposals must contemplate that all operations included in this RFP will be performed by the Licensee at its sole cost and expense.

Licensee is expected to establish and operate under a sustainable business plan and philosophy that encourages, attracts, accommodates, and facilitates excellence in food and beverage operations while executing customer service in harmony with existing Park uses and schedules.

At a minimum, the concessions shall operate from late May through Labor Day, with hours coordinated annually with the Park Manager and aligned to published Park hours. Licensee is also required to offer food and beverage service during the Park’s annual July Anniversary Celebration and Labor Day Car Show. Licensee is encouraged, but not required, to offer evening service in alignment with evening mini-golf hours in July and August. A representative minimum operating schedule based on historic Park hours is included below:

Operating Season Hours Operating Days

Late May – Late June 10:00 AM – 2:00 PM Wednesday – Friday 11:00 AM – 6:00 PM Weekends and Holidays

Late June – Labor Day 11:00 AM – 6:00 PM Wednesday – Sunday and Holidays

July Anniversary Celebration 11:00 AM – 10:00 PM July 12 Labor Day Car show 11:00 AM – 6:00 PM Labor Day Monday

Optional Evening Service for mini golf July/August 11:00 AM – 8:00 PM Fridays and Saturdays

Licensee should be flexible to extended hours of operation in order to satisfy patron demand.

A. Food and Beverage Operations

1) All menus must include a variety of healthy food options that are fresh, low in sugars and fat, and contain no artificial preservatives or artificial additives. Fried foods should be kept to a minimum and healthy beverage options other than soft drinks (e.g. water and low sugar juices)

RFP X001526 Midway Food and Beverage Concessions Page 5 shall be offered. Licensee must participate and collaborate in good faith with New York’s Taste NY initiative.

2) At the Amusement Ride Concession, the Licensee has the option to either provide pre-packaged food and beverage sales from the Park provided classic carnival cart, or respondents may propose the use of a self-contained food truck or mobile unit in this location. Licensee is responsible for providing any such food truck or mobile unit, and the design and appearance of food trucks and mobile units is subject to the review and prior approval of State Parks.

Mobile units must adhere to all operational and insurance requirements in accordance with Sections 8 and 19 of the Sample License (Exhibit “F”).

3) The sale of alcohol is prohibited.

4) Licensee may not sell retail/gift shop items; the park maintains its own gift shop operation.

5) The ride area typically closes for ½ hour at 2:30pm on regular days for safety inspections;

concessions typically experience very heavy traffic during this time.

6) Licensee may have the non-exclusive right to cater within the park; provided the activity does not detract from the services at the concession’s locations. Private parties may hire private caterers to service solely their private event with a park-issued permit.

B. Additional Concession Opportunities

In addition to food and beverage concession service, Licensee may propose additional concession services for State Parks consideration. The Licensee will be responsible for providing all equipment for these services. Prior to commencement of operations, and thereafter as may be reasonably necessitated by programmatic change, the Licensee shall submit to State Parks for approval a written program and operating schedule, including detailed hours of operation.

Additional concession services include, but are not limited to:

1) Non-motorized boat and equipment rentals (kayak, canoe, paddle board etc.): All vessels are required to be outfitted with US Coast Guard approved/required equipment in accordance with NY State and Federal Navigation Laws. A motorized rescue boat must be present on site and livery staff must be qualified to operate it and render aid to boat renters on the water. Kayak racks or other storage could be installed in the vicinity on design approval from State Parks near the existing docks. Installation and maintenance of an E-Z dock type kayak launch is preferred to the south of the Hippodrome building. No motorized vessels are permitted.

2) Sporting goods rentals: Licensee may provide the rental of sporting goods such as volleyballs, horseshoes, bocce ball, etc.

If pursuing any additional concession opportunities, proposals should clearly state the intent to do

so. If not included in the submitted proposals, State Parks reserves the right to pursue these offerings separately to satisfy patron demand at the park, as needed.

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C. Annual Special Events Licensee is highly encouraged, but not required, to provide food and beverage service during the Park’s annual special events that take place during the shoulder season. If the Licensee does not exercise their option to provide food and beverage service for these events, State Parks reserves the right to procure other food and beverage operators to provide service during these events.

a. Springfest (March, TBD)

b. Fallfest (October, TBD)

c. and other off-season events

RFP REQUIREMENTS

VIII. BUSINESS CONSIDERATIONS & REQUIREMENTS

A. Due Diligence: A respondent must rely on independent research and investigations for all matters relating to development of a proposal, including, without limitation, assessing business case, market analysis, projected revenue, costs and opportunity for profit, construction projects and facility improvements. The Premises will be made available to Licensee in “as is, where is” condition at commencement of the term.

B. Sample License: A sample license is annexed to this RFP as Exhibit “F” and represents the contract template and substantially all material terms and conditions of the License to be awarded to the successful respondent. The License will be tailored to the successful proposal to the extent there is no substantial conflict with the RFP and Sample License. The License is a state contract subject to the independent review and approval of the Office of the New York Attorney General and Office of the New York State Comptroller. Accordingly, a respondent should review the Sample License carefully when preparing a proposal as there are limited opportunities to negotiate language or change the material terms and conditions set forth therein.

C. Respondents must have demonstrated ability to implement and adapt to restrictive government guidance and protocols in response to pandemic conditions.

D. Repairs, and Maintenance: The License requires, and proposals must contemplate that all construction and finishing work, repairs, and maintenance of the Premises during the term are the sole responsibility of the Licensee. Except as provided for in the License, State Parks is responsible for structural elements of buildings, but not the Premises. Repairs and equipment replacements funded by Licensee become the property of the State upon acceptance of completed work by State Parks.

Equipment purchases and replacements shall, to the extent possible, adhere to NYS Executive Order No. 22 (EO22) which directs State agencies to adopt a sustainability and decarbonization program and facilitate the transition from fossil fuel powered equipment. Equipment purchases and replacements made by the Licensee shall be electric unless site-specific exceptions exist as determined by State Parks.

E. Concessions Service, Offerings, Menus, and Pricing: The operating schedules for the Concessions are subject to approval by State Parks. Respondents shall submit sample menus and pricing for proposed food and beverage offerings. Menus and prices are subject to a reserved right of approval

RFP X001526 Midway Food and Beverage Concessions Page 7 by State Parks and must reflect high quality, variety, fresh and healthy options, appealing to a diverse clientele. Reasonable market-based prices and customary fees and charges should be incorporated into Licensee’s business plan.

F. Taste NY & Local Food: Licensee is expected to incorporate locally sourced foods, food products, and other items produced in New York in collaboration with New York’s Taste NY initiative. State Parks encourages proposals that reflect the Park’s location and incorporate seasonal availability of fresh foods. Licensee must report annually, in a prescribed format, the types and quantities of goods and products purchased, and the approximate dollar value of purchases from each provider.

G. Environmental Policies: Licensee is expected to comply with State Parks’ policies addressing the environmental impacts of its operations including, and without limitation, the Single Use Plastics Reduction policy. Respondents should note in the Sample License State Parks’ policy which includes the prohibition of polystyrene products (including Styrofoam) and most single use plastics, including those used for food service operations.

H. Diversity, Equity, Inclusion and Access (DEIA): State Parks welcomes, creates, and encourages inclusive spaces for everyone to experience its facilities, regardless of gender, race, culture, sexual orientation, age, socio-economic status, family status, spirituality, citizenship, national origin, physical ability, intellectual perspective, political party, veteran status, or justice system involvement. Licensee is expected to deliver excellent customer service to people of all abilities, languages, and cultures. State Parks encourages proposals that integrate the principles of diversity, equity, inclusion, and access into their business plan.

I. Point of Sale, Reporting, & Data Access: Licensee shall provide, utilize, and afford State Parks with meaningful access to a modern Payment Card Industry Data Security Standard (“PCI DSS” or “PCI”) compliant point-of-sale (“POS”) system for generating daily, weekly, and monthly reports that clearly detail Gross Receipts, taxes, License Fees, tips, transaction types, and any other relevant business data that may be reasonably specified by State Parks. For audit, State Parks shall have access to raw or source data used for periodic reports, including but not limited to revenue and attendance tracking, and similar tools in a modern point of sales system. Licensee is responsible for all fees and costs associated with sales transactions and operation of the system.

J. Internet, Website, Data, and Cyber Security Insurance (if applicable): Insurance coverage requirements and thresholds are assessed by the manner and form of data collection and who retains the information. Factors include but are not limited to; the architecture of the system, the types of identifying data collected, ownership of the data, and how, where and for how long the data is stored. These considerations apply to websites, POS Systems, and other systems that collect and store personal and identifying data.

K. Taxes: There are no property taxes associated with the Premises. Licensee is responsible for payment/compliance with all applicable state and local tax requirements, including sales tax.

L. New legal entity formation: A respondent must disclose if a new legal entity (such as a limited liability company) will be formed to contract with State Parks.

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IX. MINIMUM FINANCIAL REQUIREMENTS

Proposals must meet the following minimum financial requirements:

A. Minimum License Fee: A minimum License Fee of $3,500 (three thousand five hundred dollars) annually is required.

If a respondent does not offer at least the required minimum License Fee, the proposal will be disqualified and returned. Respondents may provide an escalating or enhanced license fee above the required minimum fee, but an enhanced or escalating fee must be set forth in the financial proposal form, or it will not be considered in the evaluation of the financial return to State.

B. Repair, Refurbishment & Maintenance (RR&M) Obligation: Licensee is completely responsible for all repair, refurbishment and maintenance of the Premises and the Concessions.

Notwithstanding the foregoing, Licensee shall document and certify for State Parks approval on a periodic but not less than annual basis, the expenditure of not less than two (2%) percent of Gross Receipts as defined in the Sample License, for bona fide maintenance, repairs, refurbishment and replacement of State-owned property, fixtures, and equipment at the Premises.

C. Utilities & Trash Removal: State Parks shall provide electricity and gas service to the Premises, for which Licensee shall pay State Parks 100% of the actual costs as sub-metered. Refer to Exhibit D for Billed Utility History. For all other utility services necessary for the Use, the Licensee shall establish all necessary accounts with utility providers at its own cost. State Parks shall provide trash and recycling service for which Licensee shall pay State Parks $500 per year as reimbursement for the costs. Licensee shall collect all trash or debris in sanitary and adequate closed containers, reasonably protected from public view, at the Premises to be removed and disposed of properly in State Parks’ dumpsters. Licensee is solely responsible for the cost of any grease or other specialty waste disposal services.

D. Insurance Coverage: Licensee shall procure and maintain at its sole expense commercial liability and other insurance as set forth in the Sample License, Sections 19, 20, and Attachment E.

E. Bonds: Licensee shall be required to procure and maintain financial payment, letters of credit, or other form of security acceptable to State Parks. The principal value of the financial payment bond or other security shall be equal to the sum of the projected annual License Fee, RR&M Obligation, Utility payments, and any other financial obligation of License, for the first full year of the term, subject to adjustment every three years in State Parks’ discretion. Statutory labor and materials payment bonds are also required for certain work as set forth in the Sample License, Attachment C.

X. GUIDANCE ON FORM & CONTENT OF PROPOSALS

Proposals should clearly and concisely state the unique capabilities, experience, and strengths of the respondent, and demonstrate capacity to satisfy the requirements and objectives set forth in this RFP.

A complete proposal must include and address the following elements:

A. Duly completed and executed Required Forms & Clauses (Exhibit “A”) including the Proposal

Checklist, Financial Proposal Form, and Business History Form with supporting materials.

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B. A comprehensive narrative including the respondent’s experience, commitment, financial resources, and capacity to meet the goals of the RFP; and the operation and maintenance of the Premises and the Concessions as inviting high quality food and beverage services for Park visitors. Evidence of respondent’s experience and capacity to respond effectively to and successfully operate under pandemic guidance, including adaptation to changing government guidance, requirements, and protocols. The narrative should address the proposed program for the Concessions including, without limitation, concept plans, drawings and renderings, plans for integration of DEIA principles, and other supportive and demonstrative materials that present the respondent’s full vision. The following are critical components of a responsive proposal:

1) Business plans: with a pro forma identifying and accounting for all projected costs and expenses and contemplated partnerships, sub-licenses, and sponsorships. The pro forma must be:

a. Itemized with financial projections for each year of the term with anticipated cash flows, and details of revenues and expenses, operations, and maintenance costs. Any assumed or anticipated taxes, tariffs, grants, energy credits, or other governmental benefits must be disclosed and included in the pro forma. Known financing contingencies, and assumptions or conditions that may impact the Concessions, including without limitation the projected revenues, or expenditures should be clearly disclosed.

b. Inclusive of all financial requirements of this RFP, including, without limitation, the proposed License Fee, RR&M obligation, and Utilities payments, etc.

c. Submitted in an Excel spreadsheet format with the hard copy of the proposal and as a separate document saved on the required flash drive.

2) Operations & Maintenance plans: Description of a comprehensive plan to successfully develop, operate, manage, and maintain the Premises and Concessions including, without limitation, operating budget and schedules, staffing and training programs, the provision of excellent customer service to people of all abilities, languages, and cultures, proposed menus and pricing, marketing and promotion strategies, improvements to community health and wellness, emergency action plans, etc. Description of respondent’s approach to safety, quality control and compliance, inspection and maintaining applicable code and industry certifications, and the maintenance, upkeep, and periodic refurbishment of the Premises.

C. Resumes and/or professional histories demonstrating background, education, and experience in park and analogous visitor services including food, beverage, and related service development, of the principal members of the respondent’s organization, project team, and key partners or participants. Provide an organization chart/diagram reflecting the intended business and operating structures, owner/operator, chain of command, and/or composition of the respondent and other participants, partnerships, or joint ventures. A respondent must disclose if a new legal entity (e.g., a limited liability company) will be formed to contract with State Parks, and identify its anticipated organizational structure, ownership, management, and sources of credit and/or funding.

D. Specific Evidence of relevant operating experience, in a highly seasonal weather-dependent pandemic operating environment, related food and beverage concessions and services of comparable scope and scale to the Concessions; including examples of similar projects completed, RFP X001526 Midway Food and Beverage Concessions Page 10 business enterprises developed, owned, or operated by respondent. Evidence of successfully sustaining and operating a business throughout the pandemic, including the ability to recruit and retain qualified staff.

E. A minimum of three current references relevant to the scope of the RFP. Preferred references include a financial institution that has extended credit to the respondent, industry entities with which relevant business has been transacted, and/or a commercial landlord or government entity from which the respondent has leased or licensed property or provided services relevant to the Premises and the Concessions.

F. A current verified financial statement, profit and loss statement, balance sheet or other commercially reliable written evidence of the respondent’s good credit, secure financial standing, and capacity to perform the financial requirements of the License, including the capacity to procure bonds or other recognized forms of financial security, and insurance.

XI. PROPOSAL SUBMISSION INSTRUCTIONS

A complete proposal is due on or before the deadline established as per Section III (“RFP Timetable & Submission Address”) and must be in accordance with the provisions, requirements, terms, and conditions of this RFP and the Sample License. Proposals that are contingent or conditioned, that include a modification of the Business History or Proposal Form, or that are submitted in other than the prescribed format are subject to disqualification.

Respondents are to submit: (i) three printed copies of the complete proposal, including all attachments, enclosures, and required forms. Original signatures are required on at least one copy of all required forms. The proposal must be fastened or stapled originals, typewritten, two-sided, and on 8½″ x 11″ sized paper with numbered pages. Please do not submit a proposal in plastic sleeves or three ring binders; and (ii) one flash drive with the complete proposal in Adobe PDF format and all pro forma as an Excel spreadsheet document. Electronic submission of proposals will not be accepted.

XII. PROPOSAL REVIEW

All materials comprising a proposal submitted in response to this RFP become State Parks’ property without obligation for return. All determinations of sufficiency and completeness of a proposal and compliance with the requirements of this RFP, including the eligibility or qualification of a respondent, are in the sole discretion of State Parks. State Parks may utilize all materials and all available public information to evaluate a proposal and the capabilities of a respondent. State Parks will review proposals for completeness and compliance with the terms and conditions of this RFP and may request from any respondent, at any time during the selection process, additional information, clarification, or confirmation of the proposal.

XIII. METHOD OF EVALUATION AND AWARD

State Parks evaluation and scoring process allows a maximum of 120 points per panelist and consists of a technical score based on evaluation of the substance of the proposal and respondent’s qualifications (maximum of 90 points available), and a financial score based on comparative evaluation of the relative financial value of the return to the State offered by each proposal (maximum 30 points available). State Parks will schedule an interview/oral presentation for each respondent that submits a proposal compliant with the RFP. The method of evaluation for the technical score and

RFP X001526 Midway Food and Beverage Concessions Page 11 calculation for the financial score are provided in Paragraph “A” below; the scoring criteria for the technical score are set forth in Paragraph “B” below.

A) EVALUATION METHOD

1) Panel Evaluation (75% of score) Proposals are evaluated by a review panel composed of agency staff familiar with the operation and management of the agency’s concessions program and park operations. Panelists review all responsive proposals and attend the interviews/ oral presentations; all proposals are scored by the same review panel. Panelists score each proposal individually based on the technical selection criteria and point allocation outlined in Paragraph B below in two steps: first, prior to the interview/ oral presentation each panelist assigns preliminary scores based upon the written proposal; second, after the interview/ oral presentation, a panelist may adjust the preliminary scores based upon the interview/ oral presentation to determine a final score. Each panelist’s final score is counted toward the total technical score for the proposal.

2) Return to State Calculation (25% of score) The projected financial return to the State is a comparative score calculated by the agency Concessions Management Bureau based on the License Fee offer set forth in the Financial Proposal Form submitted with each proposal. The proposal or proposals offering the highest estimated financial return is awarded the highest possible financial score of 30 points. Any additional or conflicting financial offer submitted other than on the Financial Proposal Form will not be considered in the Return to State calculation.

The projected financial return to State is equal to the total of the projected License Fee over the initial term of the License offered. For scoring purposes, the License Fee projections are based on a fixed model using the average historic annual reported Gross Receipts for the Concession (not the pro forma projections submitted by any respondent). The proposal determined to offer the highest projected financial return is awarded 30 of the 30 available points allocated to this category. All other proposals offering a lower projected financial return to the State are awarded pro-rata points based on its percentage of the highest projected financial return, rounded down to a whole number.

For example, Proposal “A” offering the highest return to the State receives all 30 points;

Proposal “B” offering 10% less than Proposal A as a return to the State receives 27 points.

3) Selection for Award

The calculated score for financial return to the State is added to the technical score of each panelist, and the sum of those aggregate scores comprise the total score for the proposal.

Proposals are ranked by total score by the Concessions Management Bureau; if proposals receive identical total scores, the tie is broken by ranking based on the higher technical score.

The highest scoring (i.e., top ranked) proposal from a responsible respondent will be selected for award.

Selection for award is subject to a full vendor responsibility review of the respondent and execution of the License. If State Parks cannot achieve an executed License with the respondent initially selected for award, it may elect to proceed with the responsible respondent

RFP X001526 Midway Food and Beverage Concessions Page 12 with the next highest ranking.

B) TECHNICAL CRITERIA

Category A: Background & Experience - 40 Points

A. Demonstrated ability to establish and concurrently maintain a sustainable, high-quality, seasonal operation of similar complexity, diversity, scale, and proximity, including the ability to operate and sustain a business during pandemic conditions. Evidence and extent of operational performance providing top quality visitor experiences and food and beverage service operations: 20 points

B. Personnel qualifications and experience, including, but not limited to managerial strength, organizational structure, training programs, the recruitment and retention of qualified staff; and the capacity to manage and promote the Concessions: 10 points

C. Financial capacity, resources, and business relationships to perform as required by the RFP.

Available financial resources, equipment, facilities, organizational and personnel resources, and expertise. Record of achieving sustainable profitability and goodwill in similarly diverse operations of comparable scale: 10 points

Category B: Response to the RFP - 50 Points

A. Strength of the proposal and commitment to develop, operate, and maintain excellence with regard to the Concessions while delivering sustainable, efficient, quality, and consistent customer experiences: 35 points

1) Detailed description for proposed operations (including on site management and staffing structure, schedules, strategies, Emergency Action Plan, and resources) to support the services required by the RFP and License. Overall quality of proposed approach to meet the RFP’s scope of services and descriptions.

2) Menus and pricing, operating and service standards, including hours of daily and seasonal service, including sound and efficient management and operating practices.

3) Innovative concepts and offerings for the Concessions to enhance the overall customer experience, including the incorporation of DEIA principles into standard business operations.

4) Plans for maintenance, repair, and replacement of equipment and furnishings at the Premises.

5) Quality, accuracy, specificity, and clarity of presentation of the proposed operating budget, pro forma projections, including consideration of assumptions, contingencies, conditions, and financial requirements of the RFP.

6) Alignment with New York State initiatives and policies promoting safe, environmentally-sound and energy-efficient operating policies and practices; support for local New York products and businesses; value of pricing.

B. Business Development, Public Image, Marketing and Promotion: 15 points

1) Concepts and approach for development for the Concessions, including any proposed new or enhanced operations and/or services engaging and appropriate to Midway State Park within the scope of this RFP.

RFP X001526 Midway Food and Beverage Concessions Page 13

2) Marketing, advertising and promotion strategies, branding, outreach channels and social media.

3) Concepts and approach for development and expansion of customer base and length of stay for the Concessions.

4) Customer service standards, programs, and goals, including accessibility and responsiveness to patron demands, trends, and concerns.

5) Description of community health and wellness improvements.

Category C: Return to the State (“RTS”) - 30 Points As described in subsection XIII A (2) above.

C) BID PROTEST PROCEDURES

It is the policy of the Office of Parks, Recreation and Historic Preservation (State Parks) to provide respondents with an opportunity to administratively resolve disputes or inquiries related to State Parks contract awards. Respondents are encouraged to seek resolution of disputes through consultation with the Designated Contact(s). After being notified of the results of this contract opportunity, any entity or individual that participated in the procurement may submit a protest of the resulting contract award.

State Parks reserves the right to suspend, modify, or cancel this procurement at any time during the procurement process. State Parks also reserves the right to waive or extend the deadlines in this procedure.

Submission of Formal Written Protests Protests must be received by the Designated Contact no later than five business days after a debriefing or 10 business days after the written notice of selection or non-selection for contract award, whichever is later. Protests must be submitted in writing, clearly marked as a protest on the envelope or in the email subject line, and include the following information:

1. Solicitation or contract number

2. Name, address, email address and telephone number of the filer

3. Detailed statement of the legal and factual grounds for the protest

4. Statement of the relief requested

5. Copies of relevant documents

Agency Response Within 30 business days of receipt of a protest, State Parks’ protest officer (the Director of Audit or their designee) will respond with a protest determination stating the agency’s decision on the protest and the reasoning on which it is based. In making a determination, the protest officer will consider the legal and factual grounds stated in the protest, consult with the Designated Contact and appropriate program staff, and review all relevant documents.

Finality; Appeal For contract opportunities subject to the approval of the Office of the State Comptroller, the protesting party may appeal Parks’ protest determination to the Office of the State Comptroller in accordance with the regulations contained in Part 24 of Title 2 of the New York Codes, Rules and Regulations.

For contract opportunities that are not subject to the approval of the Office of the State Comptroller, RFP X001526 Midway Food and Beverage Concessions Page 14

Parks’ protest determination is the conclusive and final determination of the protest. Nothing in these bid protest procedures is intended to limit or impair the rights of any respondent to seek and pursue remedies of law through the judicial process.

XIV. MODIFICATION/WITHDRAWAL/REJECTION OF PROPOSALS

Modification or withdrawal of a proposal must be in writing, dated and signed by the signatory to the original proposal submission. The modification or withdrawal must be submitted in a sealed envelope clearly marked “Modification [or Withdrawal] of X001526 Midway Food and Beverage Concessions Proposal Submitted by [Respondent].”

State Parks reserves the right to reject proposals, postpone, or cancel this RFP, to waive technicalities, irregularities, and omissions, request additional information or clarification of a proposal, or solicit new proposals if, in its judgment, the best interests of New York State will be served.

XV. PROCUREMENT REQUIREMENTS

A respondent is responsible for reviewing and understanding all listed Procurement Requirements provided in Exhibit E and The Standard Clauses for New York State Contracts provided in Appendix A of the Sample License.

1) PR #1: Summary and Implementation Guidelines For §139-J and §139-K of State Finance Law

2) PR #2: Freedom of Information Law (FOIL)

3) PR #3: Office of the State Comptroller Review

4) PR #4: Conditions, Terms, Limitations, and General Information

ATTACHMENTS & EXHIBITS FOLLOW

RFP X001526 Midway Food and Beverage Concessions NO BID LETTER

NO BID LETTER

Parties that DO NOT submit a proposal are respectfully requested to return this No Bid Letter to the address below or email a completed scanned copy to concessions@parks.ny.gov. Thank you.

DO YOU WISH TO REMAIN ON OUR BIDDING LIST? [ ] YES [ ] NO

Date:

Director, Concessions Management Bureau NYS Office of Parks, Recreation and Historic Preservation 625 Broadway 3rd Floor, Albany, NY 12207

Re: RFP X001526 Food and Beverage Concessions at Midway State Park Allegany Region

We will not submit a proposal for the above-referenced Request for Proposals for the following reason(s):

1) [ ] Not enough time to respond to the RFP.

2) [ ] Not the business we are interested in pursuing.

3) [ ] Not the location we are interested in serving.

4) [ ] The RFP is too complicated to understand.

5) [ ] The RFP has too many requirements.

6) [ ] Other: (please be specific)

Name:

Firm name:

Address:

City, State, Zip:

Email Address:

mailto:concessions@parks.ny.gov

RFP X001526 Midway Food and Beverage Concessions Page 16

RFP X001526 Midway Food and Beverage Concessions Page 17

EXHIBITS

A) REQUIRED FORMS & CLAUSES ………………..……..……..…………….…….…… Page 21

Proposal Completion Checklist Attachment #1: Financial Proposal Form Attachment #2: Public Officers Law Certification Attachment #3: Non-collusion Certification Attachment #4: Business History Form Attachment #5: SFL § 139-l, § 139-m, and Executive Order #177 Certification Attachment #6: Executive Order #16 Certification

B) PARK MAP DEPICTING PREMISES………………………….………………..….…….Page 35

C) REPORTED CONCESSIONS REVENUE HISTORY………………...…...…..….……. Page 36

D) BILLED UTLITY HISTORY…………………………………………….…….…….….…Page 36

E) PROCUREMENT REQUIREMENTS (PR) ...…………………….….……...………...... Page 37

PR #1: Summary and Implementation Guidelines For § 139-J and §139-K of State Finance Law PR #2: Freedom of Information Law (FOIL) PR #3: Office of the State Comptroller Review PR #4: Conditions, Terms, Limitations, and General Information

F) SAMPLE LICENSE

RFP X001526 Midway Food and Beverage Concessions Page 18

RFP X001526 Midway Food and Beverage Concessions Completion Checklist

EXHIBIT A ˗ REQUIRED FORMS

PROPOSAL COMPLETION CHECKLIST

FOOD AND BEVERAGE CONCESSIONS

AT MIDWAY STATE PARK

This Proposal Completion Checklist is the first page of the proposal.

Submit THREE (3) copies and one (1) flash drive with the entire proposal in PDF including all required forms, supporting documents, and any additional attachments. Pursuant to the instructions in the RFP all proposals will contain the following:

REQUIRED FORMS (Exhibit A) ______ 1) Proposal Completion Checklist with Complete Primary Contact Information (THIS PAGE) ______ 2) Financial Proposal Form ______ 3) Public Officers Law Certification ______ 4) Non-collusion Certification ______ 5) Business History Form with supporting materials ______ 6) SFL §139-l, § 139-m, and Executive Order #177 Certification ______ 7) Executive Order #16 Certification

PROPOSAL NARRATIVE

______ 8) Business plans, pro forma revenue and expense projections for the term in Excel format.

______ 9) Operations and maintenance plans ______ 10) Strategy for marketing and promotion ______ 11) Resumes and/or professional histories for key personnel ______ 12) Evidence of skill, experience, and capacity to execute the proposal ______ 13) Three (3) current business references ______ 14) Proof of financial security/bonding capacity for performance obligations

Original Signatures in Black or Blue Ink on all Copies

Signature:_______________________________________________________________________________ Signature Date

Name (Print/Typed): ______________________________________________________________________

Firm Name: _____________________________________________________________________________

Address:________________________________________________________________________________

Email: ___________________________________________________ Phone #: _____________________

RFP X001526 Midway Food and Beverage Concessions Page 20

RFP X001526 Midway Food and Beverage Concessions Attachment #1: Financial Proposal Form

ATTACHMENT #1: FINANCIAL PROPOSAL FORM

REQUEST FOR PROPOSALS X001526

FOOD AND BEVERAGE CONCESSIONS AT

MIDWAY STATE PARK

THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS.

To Whom It May Concern:

I. Pursuant to and in compliance with the instructions, conditions and terms set forth in the attached Request for

Proposals (“RFP”), the License documents and the proposal submitted, the undersigned hereby offers to pay State Parks as follows:

A) License Fee: The undersigned shall pay to State Parks an annual flat License Fee as follows:

$ Dollars

(numerals) (words)

(Minimum: $3,500 annual flat fee)

Set forth any additional, enhanced, or escalating license fee offer below, attach additional sheets if necessary.

B) Licensee shall abide by and meet all other financial and operational obligations required by the License, in-cluding without limitation undertaking:

1. Licensee must set aside and shall expend for repairs, refurbishment, and maintenance of the Premises and equipment at least 2% of its annual Gross Receipts.

2. Licensee is responsible for all utilities as stated in Section IX. C. of this RFP.

3. Provision of specified insurance coverage.

4. Bonds or other approved financial security required by the RFP and License, including financial payment and performance.

II. The term of the License will commence on or about January 1, 2027, and conclude on December 31, 2029, subject to approval by the Office of the New York State Comptroller. Upon approval by the Office of the New York State Comptroller and written mutual agreement of State Parks and the Licensee, the term may be extended up to an additional three (3) years.

III. The undersigned hereby certifies review and compliance with the following documents:

A) Financial Proposal Form B) Public Officer’s Certification C) Non-collusion Certification D) Business History Form E) SFL§139-l, § 139-m, and Executive Order #177 Certification F) Executive Order #16 Certification

IV. The undersigned has carefully examined the RFP and License documents and has carefully prepared its proposal;

the undersigned agrees to perform pursuant to the License and to provide all services, labor, material, and equipment necessary in connection therewith. The undersigned acknowledges that the foregoing terms present a reasonable opportunity for profit by the undersigned.

*NOTE:…