Region: Capital District

County: Albany County

Food Service Vendors Wanted: Project 37357

Overview

The New York State Office of General Services (OGS) is inviting qualified food service vendors (hereinafter referred to as “Proposer(s)” or “Vendor(s)”) to submit a proposal for a food and beverage retail concept to be operated in a food court style kiosk within the cafeteria venue located on the Main Concourse of the Empire State Plaza in Albany, NY, as per the requirements detailed in the Request for Information (RFI).

OGS’s goal is to provide the employees and visitors of the Empire State Plaza with a variety of healthy and affordable food and beverage options during the building’s hours of operation. Parties interested in providing food service currently unavailable at this location or on the Main Concourse are encouraged to respond to the RFI. It is anticipated that interested parties will tour the facilities and submit a proposal for the available kiosk. OGS encourages interested parties to submit creative and innovative ideas, themes, and design examples. Capital Improvements will be at the expense of the food service vendor unless otherwise negotiated.

Main Concourse, Empire State Plaza

This facility is on the Main Concourse of the Empire State Plaza and serves the population that works in, tours and visits the Empire State Plaza, in a food court style set up. This location currently has one (1) free-standing kiosk available for lease. Below are the specifications of the available kiosk. A photo of the kiosk and a floor plan can be found attached to the RFI. Several office buildings surround the Plaza which house approximately 13,000 tenants. The cafeteria is currently open to building employees and visitors from 7:00 a.m. – 2:30 p.m.

Rent

The rent structure shall be a base rent in equal monthly installments plus percentage rent based on gross monthly sales, to be negotiated.

Utilities

OGS will provide the Vendor(s) with conditioned airflow to provide suitable and comfortable levels of heating, air conditioning and ventilation pursuant to the standards adopted by OGS; hot and cold water, of the character furnished by the municipality or utility company supplying the same, in reasonable quantities for use by the Vendor(s) solely for sanitary purposes associated with the ordinary needs of such food services operation; electric service distribution equipment, lighting fixtures, and electric service of sufficient amount and quality for proper lighting of said premises and for the operation of Vendor(s’) occupancy including, in addition to normal building requirements, electrical services for office equipment; POS systems and food services equipment from 6:00 a.m. to 6:00 p.m., Monday through Friday (hereinafter referred to as the “Regular Business Hours”). Notwithstanding the foregoing, if Vendor(s) shall require electric, heating, ventilating or air conditioning service from any building systems at times other than during Regular Business Hours (hereinafter, “After Hours Service”), OGS shall furnish such After Hours Service upon reasonable advance notice (no less than 24 hours) from the Vendor(s) and the Vendor(s) shall pay, as additional rent, OGS’s then-standard charges therefor, except when After Hours Service is provided at the request of OGS.

Proposal Requirements

Proposals must be concise, well organized and demonstrate an understanding of the food service opportunity at the Empire State Plaza and the services being proposed. Brochures and advertisements will not be accepted as a substitute for submitting a complete proposal, as required. OGS assumes no obligation in the solicitation of proposals. Costs of responding to the RFI shall be borne by interested Proposers. A qualified proposal must address and include all the criteria outlined in the RFI.

Site Visit

Parties interested in submitting a response to the RFI are required to attend a mandatory site visit of the facility’s physical layout and a tour of food service operations. The site visit date is scheduled as follows:

Wednesday January 17, 2024, at 10:30 a.m.

Green Lease Requirements

The Office of General Services supports the State of New York in its policies of conserving, improving and protecting natural resources and the environment; preventing water, air and land pollution; and enhancing the health, safety and welfare of State residents and their overall economic and social well-being by incorporating the provisions of Executive Order 22 into State leases and promoting sustainable building practices and environmental stewardship.

Executive Order 22

Executive Order 22 directs State entities to green their procurements including janitorial cleaning supplies and equipment, janitorial paper and paper supplies, and also to implement sustainability initiatives including source separating recycling practices. The Order contains an annual reporting requirement. Vendors will be requested to assist OGS in fulfilling the directives of the Order with respect to the purchase of "green cleaning" products and paper products and to assist with the completion of the solid waste management section of the annual report.

Freedom of Information Law / Trade Secrets

During the evaluation process, the content of each offer will be held in confidence and details of any offer will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process.

SHOULD YOU FEEL YOUR FIRM‘S OFFER CONTAINS ANY SUCH TRADE SECRETS OR OTHER CONFIDENTIAL OR PROPRIETARY INFORMATION, YOU MUST SUBMIT A REQUEST TO EXCEPT SUCH INFORMATION FROM DISCLOSURE. SUCH REQUEST MUST BE IN WRITING, MUST STATE THE REASONS WHY THE INFORMATION SHOULD BE EXCEPTED FROM DISCLOSURE AND MUST BE PROVIDED AT THE TIME OF SUBMISSION OF THE SUBJECT INFORMATION. REQUESTS FOR EXEMPTION OF THE ENTIRE CONTENTS OF AN OFFER FROM DISCLOSURE HAVE GENERALLY NOT BEEN FOUND TO BE MERITORIOUS AND ARE DISCOURAGED. KINDLY LIMIT ANY REQUESTS FOR EXEMPTION OF INFORMATION FROM DISCLOSURE TO BONA FIDE TRADE SECRETS OR SPECIFIC INFORMATION, THE DISCLOSURE OF WHICH WOULD CAUSE A SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF YOUR FIRM.

Minority- and Women-Owned Business Enterprises

Article 15-A of the New York State Executive Law provides for more meaningful participation in public procurement by certified Minority- and Women-Owned Businesses (“M/WBEs”), thereby further integrating such businesses into New York State’s economy. OGS encourages the participation of minorities and women in its procurement and building construction projects. Per Executive Law, Article 15-A, certain contracts contain affirmative action requirements for the use of certified MWBEs as subcontractors and suppliers. For purposes of this Request for Information, OGS conducted a comprehensive search and determined that the Lease does not offer sufficient opportunities to set goals for participation by MWBEs as subcontractors, service providers, or suppliers to the Tenant. The Tenant is, however, encouraged to make every good faith effort to promote and assist the participation of MWBEs on this Lease for the provision of services and materials. The directory of New York State Certified MWBEs can be viewed at: https://ny.newnycontracts.com. Additionally, following execution of the Lease, the Tenant is encouraged to contact the Division of Minority and Women’s Business Development (518-292-5250; 212-803-2414; or 716-846-8200) to discuss additional methods of maximizing participation by MWBEs on the Lease.

Legal Requirements

The Commissioner of General Services, at her sole discretion, may reject any or all submissions. New York State Finance Law §§139-j and 139-k impose certain restrictions on communications between Proposer(s) and the State during the procurement process. Proposer(s) are restricted from making contact with anyone other than designated staff (Scott C. Sandwick, Associate Commissioner, Leasing Services; Stephanie Robinson; Jose Correa; Nicholas Moody; Tyler Housman; Pamela Nunziato; Bureau of Risk and Insurance Management (BRIM); and the OGS Office of Business Diversity (mwbe@ogs.ny.gov)) from the date of the issuance of the Web notification through final award and approval of the lease by the Office of the New York State Comptroller (the "Restricted Period"). The above-designated staff may be reached at 518-474-1606.

By submitting an offer to lease in response to this solicitation or by assuming the responsibility of a lease awarded hereunder, the proposer(s) certifies in accordance with State Finance Law §165-a: (i) that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerors pursuant to the New York State Iran Divestment Act of 2012” (the “Prohibited Entities List”) posted at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf ; and (ii) that, in the performance of the lease, it will not use any subcontractor that is identified on the Prohibited Entities List.

OGS reserves the right to terminate any agreement resulting from the Request for Information in the event it is found that the certification filed by the Proposer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, OGS may exercise its termination right by providing written notification to the Proposer in accordance with the written notification terms of the agreement.

The complete RFI including the above-referenced documents may be found in pdf format at https://ogs.ny.gov/real-estate/current-list-space-lease.

Non-Internet users must call or write as directed below for the entire RFI.