Request for Information (RFI)

Region: Capital District

County: Albany County

Food Service Vendors Wanted:  Project  66175

Overview 

 1.1            Solicitation

The New York State Office of General Services (“OGS”), on behalf of the 110 State Street Condominium (the “Condominium”) Board of Managers (the “Board”), invites qualified food service vendors (the “Vendors”) to submit proposals for a food and beverage retail concept (the “Cafeteria”), and a basic convenience store to be located at 110 State Street, Albany, New York (the “Building”), in accordance with the requirements detailed in this Request for Information (the “RFI”).

OGS would like to enter into a lease with a Vendor for operation of a cafeteria that provides a variety of healthy and affordable food and beverage options during Building hours of operation.  Vendors interested in providing a food service cafeteria at this location are encouraged to respond to this RFI. In addition to providing food services, the vendor is encouraged to provide sundry items such as snacks, gum/mints/candies, coffee creamer, pre-packaged groceries, New York State (“NYS” or the “State”) Lotto, over-the-counter medications, personal items, reading materials, etc.  Interested Vendors must tour the Building and submit a proposal. OGS encourages Vendors to submit creative and innovative ideas, themes, and design examples.

 1.2         Objective 

OGS desires to enter into lease with a Vendor: 

• That will ensure that Building staff and visitors consistently receive a variety of high-quality goods and services and excellent customer service; and
• that will operate the cafeteria venue in the best interest of the State.

The Board prefers that the Vendor have a minimum of two years of successful experience in managing and operating a comparable food service establishment.  However, other relevant food service experience will be considered, and any experience with the inventory and sale of any other non-food items or sundry items should also be presented.  The Board is highly motivated to secure a vendor to provide food services to its tenants.  All interested parties should consider submitting a proposal, including start-ups.

The Board and OGS anticipate that a three-year lease will be executed in the third quarter of 2024.  The Vendor selected by the Board and OGS will become the “Contractor.”

 1.3         The Condominium

The Building is a condominium, established under NYS Real Property Law Article 9-B. It is comprised of two units and is owned by the People of the State of New York, acting by and through the Office of General Services, on behalf of the Department of Audit and Control, and the New York State Common Retirement Fund. The Condominium is governed by the Board, the members of which are appointed by Condominium owners. The Board has engaged a full-time property manager, Carrow Real Estate Services, LLC., to run the day-to-day operations of the Condominium.

The Building is operated as Class-A space.  In addition to serving as the headquarters for the Office of the New York State Comptroller (“OSC”), the Building provides office space for a small number of employees of the NYS Department of Taxation and Finance.  The Building also contains a branch of the Broadview Federal Credit Union. Full Building occupancy is approximately 1,800 staff.  Daily averages of actual occupancy are currently running at approximately 700-1,100 staff.  The heaviest occupancy days are Tuesdays, Wednesdays, and Thursdays, with lighter occupancy loads on Mondays and Fridays.  While this cafeteria will not be open to the public, OSC provides access to visitors/guests, some neighboring governmental employees, and employees of the Broadview Federal Credit Union.

OGS manages the leases in the Building on behalf of the Board, and seeks to provide innovative solutions, integrated service, and best value, in support of cost-effective operations and responsible public stewardship. 

2.         FOOD SERVICE OPERATIONS

The Building has a large cafeteria and kitchen facility available for lease which is located on the second floor. Adjacent to the cafeteria, the facility also has a large dining area with plentiful tables and chairs for approximately 180 customers.

Photos (Attachment 1) and floor plan (Attachment 2) of the cafeteria are attached to this RFI.

2.1        Food Preparation Area

The food preparation area of the cafeteria is approximately 1,700 square feet (sf) and contains the equipment and inventory listed in the attached (Attachment 3).

2.2        Customer Service Area

The customer service area of the cafeteria is approximately 1,100 square feet (sf) and contains the following: 

• Customer ordering area
• Cashier Station
• Coffee/Hot Water Station
• Condiment Station
• Open and Closed Coolers 

3.        LEASE REQUIREMENTS

3.1        Rent

The Board will not require rent or other fees from the Contractor.

3.2       Utilities and Operating Expenses

The Board will provide at no cost to the Contractor: 

• HVAC - Conditioned airflow allowing for suitable and comfortable levels of heating, air conditioning, and ventilation;
• Hot and Cold Water - Furnished by the municipality or utility company supplying the same, in reasonable quantities for use by the Contractor for sanitary purposes associated with the ordinary needs of such food services operation;
• Electricity - Electrical service distribution equipment, lighting fixtures, and electric service of sufficient amount and quality for proper lighting of the premises and for the operation of the Contractor’s food service operations including, in addition to normal Building requirements, electrical services for office equipment, point-of-sale systems and food services equipment;
• Telephone and Intranet – Spectrum internet (including WiFi) and phone to support point-of-sales system, and any other use needed for operations;
• Pest Control Services – Preventative and on demand services;
• Hood Cleaning – For both hoods;
• Grease Trap Cleaning;
• Fire Suppression – Maintenance and inspection;
• Security Cameras – Full coverage of customer service and kitchen areas;
• Deep Cleaning – Prior to occupancy; and
• Equipment – Maintenance, repair, and replacement of all equipment owned by the Condominium.

3.3        Capital Improvements

The Board and OGS are willing to consider supporting appropriate alterations or aesthetic improvements to the cafeteria within reason (subject to negotiation).

3.4        Hours of Operation

The minimum hours of operation of the cafeteria should be between 7:30 a.m.– 2:30 p.m.  With the exception of State legal holidays when State Office Buildings are closed, it is anticipated that the cafeteria will operate daily during the specified hours of operation. The 2024 calendar of State legal holidays can be found at http://www.cs.ny.gov/attendance_leave/index.cfm.   Vendors must provide alternate staffing plans that will ensure operations are open for the minimum days/hours of operation. Adjustments to these hours will be mutually agreed upon between the Contractor and the Board; however, in the event of a conflict, the decision of the Board and OGS must be final and binding on the Contractor.

3.5        Offerings and Pricing

Attached is a list (Attachment 4) of recommended and desired food service and sundry items to assist in developing a proposal.  The Board is willing to consider modified/limited offerings on lower volume days (Mondays and Fridays).  Once a menu and price list are agreed upon and a lease is executed, the Contractor must provide the Board with advance notice of any proposed changes thereto.

3.6        Purchasing

The Contractor, at its own expense, will make all purchases in compliance with all local, State and federal regulations as well as accepted industry standards regarding safety and sanitation, including ServSafe. The Contractor will retain ownership of all food and non-food products purchased at its own cost for use within the cafeteria and convenience store.

3.7        Marketing

To assist in promoting the Contractor’s offerings the Board will facilitate advertising of the Contractor’s products, offerings, specials, and promotions to the customer base in the Building. The Board, through OSC, has an onsite print shop, web/intranet/inhouse television design, and daily email distribution to Building staff.  All marketing materials must be pre-approved by the Board (approval will not be unreasonably withheld, conditioned, or delayed).

3.8        Signage

Except with the prior written consent of the Board, which will not be unreasonably withheld, conditioned, or delayed, the Contractor must not erect, maintain, or display any signs, advertising, posters, or similar devices at or on the exterior parts of the premises.  Upon the expiration or termination of any lease resulting from this RFI, the Contractor must remove, obliterate, or cover over, any signs, advertising, posters, or similar devices, and must restore the area affected to the same condition as of the commencement date of any lease resulting from this RFI.

3.9        Operational Services

The Contractor will be responsible for providing all labor, supplies, and any equipment, materials or services needed to successfully operate the cafeteria, including cleaning, sanitation, and disinfection of food preparation areas and food service equipment maintenance.  All cafeteria management, supervisory, and hourly personnel assigned by the Contractor to work at the cafeteria operations must be employees of the Contractor and will not, for any purpose, be considered employees of the Board, the State, or OGS.  The Contractor is responsible for the supervision and direction of the work performed by its employees and must provide sufficient supervision over its operations to fulfill this responsibility.

At the Board’s expense, the Board will ensure that the dining area is kept clean and maintained.  In addition, the Board provides services to ensure the Building is free from insects and vermin and provides services to ensure that overall Building systems are maintained.

3.10      Operating Responsibility

The Contractor will be responsible for the management, operation, and daily maintenance of its cafeteria operations.  The Contractor must supply staff in sufficient numbers to ensure Building staff and visitors consistently receive quality and timely service.

The Contractor must comply with Building’s parking, security, and delivery procedures.  In addition, the Contractor must comply with the provisions set forth below.

• The Board has the right to require that the Contractor remove any of its staff from the Building for any reasonable work-related cause. The Board reserves the right to reject and bar from the Building and the Building parking garage any Contractor staff deemed unacceptable.  No such action by the Board will be made for reasons that would violate any applicable law.
• The Contractor must comply with the background investigation requirements set forth in Attachment 5.
• The Contractor must comply with all federal, State, and local workers’ compensation and disability laws. Insurance policies required hereunder must be endorsed to include the Board; Board unit owners and their officers, directors, and employees; and Carrow Real Estate Services, LLC as additional insureds. For the duration of the lease resulting from this RFI, the issuing company/companies must notify the Certificate of Insurance Holder upon any cancellation or termination of the policies.
• The members of the Board act only as the agents for the unit owners of the Condominium and have no personal liability under any agreement made by the Board or any agreement on behalf of the Condominium or its Owners.

3.11      Licenses

The Contractor must obtain all permits and licenses as required by federal, State, and local authorities having jurisdiction over the cafeteria and convenience store operations and adhere to all requirements.

3.12      Reasonable Care

The Contractor must adequately protect the premises and Building under its care, including, but not limited to, facilities and equipment provided to the Contractor by the Board, and must also adequately protect its staff, and Building occupants, including staff and visitors.  The Contractor must comply with all statutory requirements regarding safety practices.  The Contractor must follow directions from authorized Board or OGS representatives for additional precautions that conform to Board or OGS practices and procedures.  The Contractor, at its expense, must take all precautions to prevent fire or damage from occurring in or about the premises, and must observe and comply with all laws and regulations in force regarding the premises and its operations therein, and with all instructions given by the Board representatives or OGS.

3.13      Parking

The Board will provide parking for the Contractor’s onsite management in the garage connected to the building (up to four spaces).

 4.         RFI PROPOSAL

Vendor proposals should be concise, well organized, and demonstrate an understanding of the cafeteria opportunity at the Building and the services being proposed.  Brochures and advertisements will not be accepted as a substitute for submitting a complete proposal.  OGS and the Board assume no obligation in the solicitation of proposals.  Costs of responding to the RFI will be borne by interested Vendors.

A qualified proposal should address and include all the criteria listed below.  Proposals will be evaluated based upon the information submitted in accordance with the Method of Award Section (Section 6) of this RFI.

Content:

Vendors should submit five (5) paper copies of their proposal, each with original signatures.

In order to be considered for award, proposals should include the following:

A.      Executive Summary – Provide a 1-2 page summary of highlights of the key elements of the proposal for operation of a cafeteria at the Building.

B.      Contact Information – Provide the contact information of the primary contact person      and key person(s) involved in the business, including employment history, role in the     business, and the provision of services.

C.   Employment/Business Experience – Provide a detailed description of the Vendor’s experience in providing cafeteria services similar in size and scope to those set forth in this RFI (any experience with the inventory and sale of any other non-food items or sundry items should also be presented). Describe the experience of the Vendor’s key personnel who will be involved in the ownership, management, and daily operation of the proposed cafeteria operation.  Identify related experience of the Vendor and its key personnel, including years of experience and time period(s) in which that experience occurred.  Vendors must disclose all prior bankruptcies and/or business closures that have occurred within the last 10 years. 

D.    Concept – Describe in detail the concept and operational plan (including staffing, refresh plans for the term of the lease, marketing plans, and efforts to ensure customer satisfaction) for the proposed cafeteria operation. The description should also include a sample menu with pricing, operational policies and practices, hours of operation, and equipment needs (installation of new equipment and use of existing equipment).

E.       Capital Investment – Submit a description of capital investments to be made, including a design proposal for potential capital improvements to the space, along with estimated cost of the improvements.

F.        References – Provide the contact information for a minimum of four business references and two landlords of property where Vendor has most recently provided food service operations. The Board will consider extenuating circumstances that prevent the provision of these references and discuss mutually agreeable alternatives that will demonstrate that the Vendor has the necessary skills.

G.      Forms – The following forms and documents, which are attached to this RFI, must be completed and submitted with your proposal: 

1. Completed Retail Disclosure Sheet;
2. Landlord and Tenant Obligations Under New York State Finance Law §139-J and 139-K; and
3. Completed Substitute Form W-9.

 5.           SITE VISIT

Vendors interested in submitting a response to this RFI are required to attend a mandatory site visit of the facility, including a tour of the cafeteria and overview of the amenities.

Once all interested parties have registered for the mandatory site visit (as outlined below), the most convenient date and time for all Vendors to attend the site visit will be coordinated.  Vendors will be contacted directly with the site visit’s date and time.

There will be an opportunity at the site visit for prospective proposers to ask questions.  Following the walkthrough, answers to all questions will be provided to all potential Vendors in writing.  Photographs of the facility will be allowed.

All attendees should arrive at the Building at least fifteen minutes prior to the scheduled tour.  All attendees must provide proper identification such as a driver’s license or other valid picture identification.

To register for the site visit, contact:

Leah Boggs via email to lboggs@osc.ny.gov no later than August 5, 2024.

 6.           CONTRACTOR SELECTION

The Board and OGS will select a responsive and responsible proposer who offers the best concept to meet the needs of the Building and its tenants. Prior to such selection, representatives of the Board and OGS may meet with Vendor representatives to discuss and obtain clarification regarding any of the responses contained in the proposal. The Board and OGS, in their sole discretion, may reject any or all submissions.

Upon selection of a responsive and responsible cafeteria Contractor, a lease will be finalized, executed, and delivered to the Contractor.  The lease will define all deliverables, costs, and the responsibilities of the parties based upon the OGS Retail Lease Boilerplate (Attachment 6) and the Vendor’s response to this RFI.  Unless there is a compelling reason to the contrary, all language in the OGS Retail Lease Boilerplate, attached, will be used as written.  Vendors interested in submitting a proposal should familiarize themselves with the OGS Retail Lease Boilerplate.

OGS and the Board reserve the right to select in part, all, or none of the services described in the proposal or RFI in its sole discretion

 7.           PROPOSAL DELIVERY

Proposals must be submitted in an envelope and/or package clearly marked, “Request for Information solicited by the New York State Office of General Services For Food Service OPPORTUNITIES at 110 State Street, albany, New York response enclosed.”

Five (5) paper copies of the proposal must be submitted no later than August 30, 2024 at 4:00pm (ET) to:

Jose Correa

New York State Office of General Services

Bureau of Commercial Lease Management
Governor Nelson A. Rockefeller Empire State Plaza

Corning Tower, 40^th Floor   
Albany, New York 12242

Phone: 518-474-1606

Vendors assume all risks for timely, properly submitted proposals.  Proposers are strongly encouraged to arrange for delivery of proposals to OGS prior to the date of submission.  LATE PROPOSALS will be rejected.

For proposals delivered by hand or by independent courier, Vendors must allow extra time to comply with the security procedures in effect at the Empire State Plaza.

Fax and E-mail transmittals of proposals are NOT acceptable and will not be considered.

 8.         GENERAL REQUIREMENTS

8.1        Procurement Lobbying Requirement

New York State Finance Law §§139-j and 139-k impose certain restrictions on communications between Vendors and the State during the procurement process.  Vendors are restricted from contacting anyone, other than the designated staff identified below, from the date of the issuance of this RFI through final award and approval of the lease by OGS and the Board (the “Restricted Period”): 

8.2        Procurement Lobbying Law Termination

OGS reserves the right to terminate any lease resulting from this RFI in the event it is found that the certification filed by the Contractor in accordance with NYS Finance Law §139-k was intentionally false or intentionally incomplete. Upon such a finding, OGS may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the lease.

8.3        Procurement Rights

The State of New York reserves the right to:  

• Reject any and all responses received in response to this RFI.
• Disqualify a Vendor from receiving the award if the Vendor, or anyone in the Vendor's employ, has previously failed to perform satisfactorily in connection with public bidding or contracts, or if the Vendor’s conduct and/or proposal fails to conform to the requirements of this RFI.
• Correct Vendor’s mathematical errors and waive or modify other minor irregularities in responses received, after prior notification to the Vendor and accept and consider proposals with non-material deviations or defects such as errors, technicalities, irregularities, or omissions.
• Require clarification at any time during the RFI process and/or require correction of arithmetic or other apparent errors, assuring a full and complete understanding of a Vendor’s proposal and/or to determine a Vendor’s compliance with the requirements of the RFI.
• Utilize any and all ideas submitted in the proposals received, in response to the Board’s request for clarifying information in the course of its evaluation and/or selection under the RFI, site visits, management interviews, and the Board’s investigation of a Vendor’s qualifications, experience, ability, or financial standing of Vendors.
• Negotiate with any Vendor responding to this RFI within the scope of the RFI to serve the best interests of the State and the Board.
• Begin negotiations with another Vendor in order to serve the best interests of the State and the Board, should the State determine, in its sole discretion, that negotiations with the selected Vendor are unsuccessful.
• Waive any non-material requirement (including those that are mandatory) not met by all prospective Vendors.
• Waive any requirement that is not material.
• Withdraw the RFI at any time or not make an award from this RFI, in the Board’s sole discretion.
• Make an award under this RFI in whole or in part.
• Make multiple awards pursuant to this RFI.
• Have any service completed via separate competitive bid or other means, as determined to be in the best interest of the State and the Board.
• Prior to the opening of proposals, amend the RFI specifications to correct errors or oversights, or to supply additional information, as it becomes available.
• Prior to the opening of proposals, direct Vendors to submit proposal modifications addressing subsequent RFI amendments.
• Change any of the scheduled dates.
• Seek clarifications and revisions of proposals.
• If two or more offers are found to be substantially equivalent, the Commissioner of OGS, in consultation with the Board, will determine the award using established criteria.

Note: Neither the State nor the Board is liable for any cost incurred in the preparation and production of a proposal or for any work performed prior to the issuance of a lease.

8.4        Green Lease Requirements

OGS and the Board support the State in its policies of conserving, improving, and protecting natural resources and the environment; preventing water, and land pollution; and enhancing the health, safety and welfare of State residents and their overall economic and social well-being, and hereby incorporate the provisions of Executive Order 22 into any lease resulting from this RFI to promote sustainable Building practices and environmental stewardship. Vendors are encouraged to describe how they will utilize green products, including janitorial cleaning supplies and equipment, janitorial paper, and paper supplies, and to implement sustainability initiatives including source separating recycling practices.

8.5        Service-Disabled Veteran-Owned Business Development

Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. OGS and the Board recognize the need to promote the employment of service-disabled veterans and to ensure that certified SDVOBs have opportunities for maximum feasible participation in the performance of their contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of the economic activity such businesses offer in New York State, Vendors are strongly encouraged to consider SDVOBs in the fulfillment of the requirements of any lease resulting from this RFI.  Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

8.6        Freedom of Information Law / Trade Secrets

During the evaluation process, the content of each proposal will be held in confidence and details of any offer will not be revealed (except as may be required under