RFP to Lease Spaces for Mobile Vending Operations at Gateway National Recreation Area

SUMMARY OF LEASING OPPORTUNITY

This Request for Proposals (RFP) provides the opportunity for any interested individual or organization, hereinafter referred to as “Offeror” to submit proposals to the National Park Service (NPS, ‘Lessor’) to lease NPS property at Gateway National Recreation Area for a Commercial Use under the following general terms and conditions.

The selected Offerors (Offeror, ‘you’, ‘your’) will have exclusive negotiation rights to enter a Lease(s) based on the attached Sample Lease (See Attachment A). Elements of your proposal may be incorporated into the Lease(s) at Lessor’s discretion.

Overview of Property Offered for Lease

The facilities for lease are located in the Sandy Hook Unit of Gateway National Recreation Area. The premises include areas such as concrete pads at multiple locations, as well as portions of Beach Plazas and other locations identified by NPS suitable for watercraft and equipment rentals. As water hook-ups and drainage are not available, Lessees will be responsible for providing sufficient water for operations and disposing of gray & wastewater offsite in accordance with NPS policy. Electricity may be available at specific sites. In the event electricity is not provided, gas or propane generators may be permitted in connection with mobile operations.

Limited storage space may be available at an additional cost in Lot E to support Lessees’ operations.

Use of Property

The Offered Leases will authorize use and occupancy of government land and facilities in connection with the sale of food/beverage/convenience items, non-motorized watercraft, non-motorized bicycle rentals, and beach equipment rentals. One Lease will be offered for each lot (e.g. lot D2, lot D3, etc.) shown below. The sale of alcohol is PROHIBITED at all locations.

Use Types

The following types of services will be considered in the following locations.

Hot and/or Cold Food: Lots D2 and D3

This may include a variety of hot foods including but not limited to breakfast items, hot dogs, pizza, hamburgers, hot sandwiches, barbeque, tacos, empanadas, as well other types of cuisine and/or cold foods including but not limited to salads, cold sandwiches, and other types of cuisine

Desserts: D1 and Roving*

This may include a variety of items, including but not limited to, ice cream, candy, and pastries

*Roving Dessert truck will operate in C1 or E1 based on which lot is open

Beach Equipment: Lot D5

Single pole umbrellas not to exceed 8’ in diameter, chairs, and sale of beach sundries

Watercraft: Across from Lot C2

Sale or rental of sundries and self-propelled, non-motorized watercraft such as kayaks, regular & stand-up paddle boards

Bicycle Rental: Area adjacent to Building 67 with storage in Lot I

Bicycle rental of non-electric bicycles including tandem, single, and pedal powered carriage as well as child carriers, comfort seats, and bicycle locks. Sale of bottled beverages permitted

• Building Codes and Zoning: The premises are owned by the Federal Government and are not subject to the building and zoning regulations of Monmouth County. However, the NPS requires that any repairs or improvements to premises comply with the 2024 International Building Code and 2023 NFPA 70 (NEC), per National Park Service requirement, including the 2024 ICC Codes. The more stringent requirement will be used in the event there is a conflict between the 2024 IBC and the NY UCC requirements.

• Minimum Operating Hours: The operating season runs from the Friday before Memorial Day through Labor Day of each year during which the Lease is in effect. During this period, lessees are required to provide services on Saturdays, Sundays, and Holidays from 10:00am - 3:00pm at their designated location. Lessees are free to operate at their designated location on additional days and hours during which the park is open to visitors during the period in which the lease is in effect. The operating season may commence earlier and end later than the above indicated period subject to NPS written approval. The Superintendent reserves the right to adjust hours of operation as deemed necessary.

• Historic Preservation: The selected Applicants will be required to comply with the Secretary of the Interior's Standards and Guidelines; National Historic Preservation Act (NHPA) and Section 106 compliance; National Environmental Policy Act (NEPA); NFPA 914 Code for Protection of Historical Structures when undertaking repairs or improvements to the premises. This means that construction design and drawings must be developed in keeping with the above.

Jurisdiction

The leased areas are located in an area under the jurisdiction of NPS Law Enforcement Rangers.

The Lessees must comply, at their sole cost and expense, with all Applicable Laws and Requirements (including Federal, State, and local laws, rules, regulations, requirements, and policies) in fulfilling its obligations under their Lease(s).

It is the responsibility of the Lessees to determine whether they are subject to specific taxes and assessments and abide by those applicable statutes. Any comments made by the NPS in this RFP do not alter those responsibilities, if any, nor should they be construed to take a position nor express a view on behalf of the Lessees.

Term of the Lease

The term of the proposed leases is non-negotiable. All leases will run through September 30, 2030.

Rent

The Lessees are required by law to pay, at minimum, a Fair Market Value Rent (FMVR) to NPS. Offerors should identify the fixed amount of Rent they proposed to pay annually in connection with each location for which they are proposing.

The first year’s Rent is payable in advance of the Commencement Date and will be prorated based on the Commencement Date.

For the subsequent years, Annual Rent will be due on the following schedule:

• Initial Payment—½ of Annual Rent is due by May 15th of each year
• Final Payment—½ of Annual Rent is due by July 15th of each year

No percentage rent will be accepted for this opportunity. The final rent will be negotiated with the selected Offerors.           

Insurance

During the term of the Lease, the Lessees shall maintain General Liability, Property & Casualty, Worker’s Compensation & Employer’s Liability, and Business Interruption & Extra Expense insurance in amounts set by the Lessor. Further information regarding insurance requirements can be found in Attachment A (Sample Lease). Lessees’ insurance coverage amounts will be periodically reviewed by the Lessor. These reviews will ensure the Lessees have appropriate coverage in light of any changing circumstances. At Lease commencement, Lessees must provide proof of property insurance in the amount sufficient to provide loss, damage, and destruction coverage for a facility of this size, scope, and use, as well as proof of commercial general liability insurance in the amount of not less than $1,000,000 single/$3,000,000 aggregate, with additional excess liability insurance [umbrella] necessary to provide adequate coverage or protection consistent with industry standards.

Utilities

The Lessees are solely responsible for all utilities including telephone, cable, and internet access. Subject to advance written approval by the Lessor of any utility service, the Lessees at their sole expense shall make all arrangements with appropriate utility providers (including the Lessor where applicable), for all utilities not provided by the Lessor and furnished to the Premises. Any utility service provided by Lessor will be subject to the Lessor’s established policies and procedures for provision of utility services to third parties.

Available Utilities

Beach Area C: Electric - Individual meter (at Lessees' expense)

Beach Area D: None - Propane or gas powered generator may be allowed

Beach Area E: Electric - Invididual meter (at Lessee's expense)

Maintenance Responsibilities

Lessees’ Responsibilities:

• Lessees will be responsible for any unscheduled or emergency work (e.g. after-hours drain clearing, plumbing or electrical work) necessary to ensure the successful operation of the Lease Premises.
• Lessees will be responsible for routine housekeeping.
• Lessees will be responsible for grounds maintenance within the Lease Premises.

Key Personnel

Lessees shall be required to maintain and provide to NPS an updated list of its qualified and experienced personnel, including a list of all contractors and subcontractors utilized in connection with the authorized activity.

Premises Condition

Facility will be delivered to Lessees, “As-is, with all faults.”

Contractors

Lessees may utilize contractors to perform repairs, replacements, and improvements, and to provide event services.

• Contractors must abide by all Lease provisions as well as all local and national laws and regulations.
• Lessees will require Contractors to maintain appropriate insurance coverage that names the Lessees and the United States of America as an additional insured party.
• Lessees will develop and implement, subject to NPS prior approval, a contractor informational document, which will inform the contractor(s) of all pertinent information about the site.

Trash and Waste Management

The below are Lessees obligations:

• Lessees shall require that hazardous and universal waste generated from the site is disposed of in accordance with state and local laws.
• Lessees shall ensure that all trash, recycling, and composting meet applicable federal, state, and local requirements and goals.
• Lessees shall make every effort to reduce, reuse, and recycle solid waste.

Other Terms and Conditions

The proposed terms and conditions of the offered Leases are as described in Attachment A, “Sample Lease” to this RFP and are consistent with 36 CFR Part 18.

Competitive Process

These Lease opportunities are on a competitive basis. The Offerors who submit the proposals judged best under the proposal selection criteria will be given an opportunity to negotiate a Lease(s) with NPS.

To be selected by the NPS you must demonstrate that you have the capacity to plan, carry out, and finance your proposal. Evaluation criteria and the process for selecting the Lessees are described in detail in the “Proposal Selection Criteria” and “Evaluation and Selection Process” below. The NPS reserves the right to reject one or all proposals or terminate lease negotiations at any time prior to executing a final lease without penalty or liability.

Additional Information

Questions from interested parties will be answered via Frequently Asked Questions (FAQs). FAQs, RFP, and attachments are posted here: https://www.nps.gov/gate/getinvolved/dobusinesswithus.htm

Questions must be submitted by the dates provided on the first page of the attached RFP.

NPS reserves the right at any time, and from time to time, for its own convenience, and in NPS’ sole discretion, to cause or undertake any or all of the following:

• Waive or correct any defect or technical error as to form or content of this RFP or in any response, proposal, or proposal procedure, as part of the RFP or any subsequent selection and negotiation process.
• Reissue the RFP.
• Modify, amend, cancel, or suspend any and all aspects of the RFP and selection process.
• Modify terms and conditions of the draft Leases.
• Request that Offerors clarify or supplement the information submitted.
• Extend deadlines for accepting RFP responses, or request amendments to responses after expiration of deadlines.
• Consider comparable projects or facilities owned, developed, or operated by an Offeror.

Proposal Submission Protocol

Proposals must be submitted electronically to GATEWAY_BMD@nps.gov. Telephonic proposals, faxes, e-mails to other addresses, and other means of transmittal will not be considered. Proposals that are not received at the designated electronic address by the specified deadline will not be considered. NPS will not consider hardcopy proposals. Proposals will not have been deemed received until NPS issues a written response confirming same.

Please refer to the Proposals Considered Public Documents section, in this RFP if you believe that a proposal contains trade secrets or confidential commercial and financial information that you do not want to be made public.

Authority

The NPS has the authority to lease historic property through the Historic Leasing Authority (54 USC 306121), as well as the authority to lease NPS-administered buildings and associated property pursuant to the National Park Service General Leasing Authority (54 USC Ch. 1021).

This RFP is issued pursuant to Title 36 of the Code of Federal Regulations Part 18, Leasing of Properties in Park Areas (36 CFR Part 18). This RFP and the offered leases are subject to and incorporate all terms and conditions of Part 18 as applicable. In the event of any conflict between the terms of this RFP and Part 18, Part 18 controls.

NATIONAL PARK SERVICE AND GATEWAY NATIONAL RECREATION AREA

The United States National Park Service was created by Congress to “conserve the scenery and the natural and historic objects and the wildlife therein, and to provide for the enjoyment of the same in such a manner and by such means as will leave them unimpaired for the enjoyment of future generations.” Additionally, Congress has declared that the National Park System should be “preserved and managed for the benefit and inspiration of all the people of the United States.” To learn more about the National Park Service, visit our website at www.nps.gov. This site includes information about who we are, our mission, NPS policies and individual parks.

Gateway National Recreation Area (Gateway) was established in 1972 as the nation’s first urban National Park. Gateway is comprised of three park Units in two states - the Jamaica Bay and Staten Island units in New York, and the Sandy Hook Unit in New Jersey. More information about Gateway National Recreation Area can be found here: https://www.nps.gov/gate/index.htm

Sandy Hook Unit

Sandy Hook is located at the northern end of the New Jersey shore, accessible via Route 36 in Monmouth County. Sandy Hook is situated at the southern entrance of Lower New York Bay. The approximate 7-mile stretch of spectacular ocean and bay waters make Sandy Hook a favorite Jersey Shore getaway for Garden State residents and others. Manhattanites also enjoy Sandy Hook beaches and recreation due to the convenience of a 45-minute ferry ride from the Wall Street area and 35th Street to the Fort Hancock Historic Post at Sandy Hook, at which large scale revitalization efforts are underway. More information about Fort Hancock can be found here: https://www.nps.gov/gate/planyourvisit/sandy-hook.htm

During summers, Sandy Hook is typically a destination for over two million visitors. Standard amenities at beach locations include public bathrooms and showers.

REQUIREMENTS

Proposals must be submitted electronically to: GATEWAY_BMD@nps.gov. Proposals shall clearly identify the location sought in connection with this opportunity. Separate Proposals are required for each location sought. Under no circumstances shall any Proposal be contingent upon the acceptance of any other Proposal. Conditional offers, including statements such as ‘Offeror will only accept Lot D1 if Lot D2 is also awarded,’ are prohibited.

Offerors submitting proposals for multiple lots shall include, as an attachment to each proposal, a ranked order of lot preferences (e.g., “First Preference: Lot D1; Second Preference: Lot D3,” etc.).

Proposals must be submitted by the time and date provided on the first page of this Request for Proposals. The subject line should include the following: SAHO Mobile Vending Lease Proposal - [Your name or the name of your business entity or organization] (please do not include the brackets).

Proposals are limited to 15 pages or less, not including attachments.

Offerors should submit their proposal in electronic format as one cohesive document in the Adobe PDF format. The required Identification and Credit Information forms (either 10-352, 10-353, or 10-354), the required Financial Information for Revenue-Producing Uses Forms (either 10-355A or 10-355B), financial statements, and credit reports should be incorporated into your PDF submission as attachments. If you do not have PDF management software, such as Adobe Acrobat, installed on your computer there are free websites, such as PDFCandy or PDFgear, that will allow you to convert other document types into PDFs and combine PDF documents. Proposals must be formatted to 8-1/2" x 11”-page size. Proposals submitted by mail, in-person delivery, telephone, fax, or other methods will not be considered.

While there is no limit on the file size of your proposal (please note the 15-page limit described herein, excluding attachments), the total file size of the email submission, including all attachments, cannot exceed 20MB. If your proposal exceeds this limit, you must separate your document into smaller files and send them in separate emails. If you do this, please separate your proposal into as few files as possible and clearly name the files so they can be reassembled in your intended order.

Effective proposals should be organized in the order of the Required Information detailed below and should contain clear, concise responses that address all the questions and requirements for each of the Selection Criterion listed in the RFP. Proposals that do not specifically answer all questions will be deemed non-responsive and will not be evaluated further.

PROPOSAL EVALUATION AND SELECTION GUIDELINES

NPS Leasing Regulations, as provided in 36 CFR 18.8(e), require that proposals be evaluated pursuant to the below criteria:

• The compatibility of the proposal's intended use of the offered property with respect to preservation, protection, and visitor enjoyment of the park area.
• The compatibility of the proposal with the historic qualities of the property.
• The financial capability of the Offeror to carry out the terms of the lease.
• The experience of the Offeror demonstrating the managerial capability to carry out the terms of the lease.
• The ability and commitment of the Offeror to conduct its activities in the park area in an environmentally enhancing manner through, among other programs and actions, energy conservation, waste reduction, and recycling.
• The benefit to the NPS of the financial and other terms and conditions of the proposal, including the amount of rent proposed and other proposed lease terms and conditions.

Please keep these requirements in mind when developing your proposal, many of these criteria will be relevant to more than one of the selection criteria listed below.

In addition, in support of GATE’s objective to maintain a balanced mix of Offerors, GATE will not allocate more than two spaces per operator.

PROPOSAL CONTENT AND CRITERIA

Proposals submitted in response to this RFP must follow the format described below. You are asked to answer questions or supply specific information in response to the specified items. Please label your responses correspondingly and respond fully and accurately to all questions and/or requests.

Required Information

Offeror Identification

Please fully identify the person(s) associated with your proposal, by providing: Name(s), address(es), telephone number(s), e-mail address(es), and fax number(s), if applicable. Your proposal must include a signed Transmittal Letter, a sample is provided in Attachment D. If your team consists of more than one individual, you should identify the primary contact for your group or organization. The NPS will send all communications to that contact person.

Please complete and submit the applicable Identification and Credit Information Form contained in the Proposal Forms attached to this RFP for the entity and/or individuals that are to be the lessees and their principals. There are separate forms for individuals, sole proprietor businesses, and other business entities.

Criterion 1: Proposed Use and Operations Consistent with National Park Service Values

This section should address the proposed use or uses of the property and should establish the Offeror’s overall vision for the proposed concept. Furthermore, it should explain why such use is compatible with the preservation, protection, and visitor enjoyment of the park area.

• Please describe your proposed use or uses of the property. Include the following information:
  • A venue management plan describing typical operations proposed at the facility. This should include, but may not be limited to the following:
• The type and nature of activity proposed.
• How you will continue to serve existing visitors to the facility.
• Expected hours of operation.
• An estimate of expected visitors to the property on a daily basis.
• An estimate of the number of people you will employ.
• An estimate of the number of parking spaces needed for employees.

A marketing and sales plan that addresses target markets, business plan milestones, and client/base development plans.

• Please describe how your proposed use and operations will add to the visitor enjoyment of the park area. Of special note, while the Lessees have exclusive use of the Lease Premises, members of the public will, on occasion, ignore signs and walk through the Lease Premises. Please describe the training you will provide your staff on how handle interactions with the public in this and similar situations.

Criterion 2: Financial Capability of the Offeror

This section should demonstrate Offerors are capable of making the financial investment required to fund what they propose. Offerors must identify the manner by which they will fund the repairs and improvements and other start-up costs they propose for the premises.

• Submit the source, and proof of the availability, of the funds necessary to carry out the obligations described in your proposal and under the terms of the proposed lease. You must submit the Financial Capability Information and comprehensive supporting documentation outlined in Attachment B (Forms 10-352, 10-353, or 10-354, including all required attachments) for each manager or principal in your organization. You must provide bank statements, financing commitment letters, investment account statements, or similar documents that substantiate your financial resources.

Demonstrate that you have a credible, proven track record of meeting your financial obligations, that your proposal is financially viable, and that you understand the financial obligations of the lease. At a minimum, this includes a credit report, with credit score, from within the last 30 days from one of the major credit reporting agencies, as appropriate for your organizational structure (Dun & Bradstreet, Equifax, Experian, Moody’s, or TransUnion).

• Provide start-up expenses, stabilized revenues, and operational expense estimates and submit a proforma projecting revenue and expenses over the Lease Term using either Form 10-355A or 10-355B. These forms can be found in Attachment C, please include:
  • An estimate of the start-up expenses and investments, revenues and operating expenses for all years covered by your proposed Lease term. You should identity all revenue sources and any fees to be charged as part of the Lease terms. Describe the basis of all assumptions in the pro forma to the fullest extent possible, including those regarding each source of income, any inflation factors, and other occupancy or management costs.

Criterion 3: Demonstrated Experience Operating a Similar Property

This section should demonstrate your qualifications to provide top quality management of the Lease Premises. To be considered qualified, responsive, and responsible, an Offeror must submit the items listed below.

• Provide resumes of the Offeror’s owners and key managers. To the extent possible, please ensure these resumes document the Offeror’s demonstrated experience and success in facility management, sales & marketing, and event management.
• Describe the Offeror’s relevant and specialized experience and its role in current and past projects of similar scope and complexity. Provide at least three brief descriptions of experience on similar projects that highlight Offeror’s ability to provide superior performance.
• Describe, in detail, your experience managing a similar property including the total years of operation of that property and any repairs you made to the property.

Criterion 4: Environmental Enhancement

This section should explain how you plan to use and manage the Lease Premises in an environmentally enhancing manner. At a minimum describe the ways in which you will address:

• Ecological protection.
• Energy conservation.
• Water conservation.
• Waste reduction.
• Recycling.

Criterion 5: Financial and Other Terms Offered

This section should explain the financial and material benefit your proposed use will provide to the NPS. Due to NPS leasing regulations, no annual rent offer of an amount less than the Fair Market Value Rent (FMVR) can or shall be accepted.

Please state the amount of Annual Rent offered and explain how you have determined that rent value. No percentage rent will be accepted for this opportunity.

• Please identify the type of food/beverage/equipment rental you plan to provide
  • If food and beverage related, provide a sample menu

EVALUATION AND SELECTION PROCESS       

The National Park Service will review all responses to this RFP through an evaluation panel assisted by technical consultants as appropriate.

All proposals will first be screened for adherence to the requirements of this RFP. The NPS will not consider non-responsive proposals. A non-responsive proposal is a proposal that was not timely submitted or fails to meet the material terms and conditions of this RFP as determined by the NPS. A non-responsive proposal is also one which Offeror’s responses are not included in the correct section. The NPS will only use information provided in the appropriate section of a proposal during the evaluation process, please organize your proposal carefully.

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

NPS will finalize the terms of the Lease with the selected Offeror. Award of a Lease to that Offeror is not guaranteed but is dependent on successful finalization of the terms of the lease. If those fail, NPS may engage with other Offerors for award of the Lease or terminate this solicitation without liability to any person.

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

ADDITIONAL INFORMATION AND MODIFICATION OF PROPOSALS    

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

LEASE TERMS AND CONDITIONS

Term of Lease

The Leases to be awarded under this RFP will run until September 30, 2030. The term length of the leases will not be negotiated.

Lease Provisions

The Leases to be awarded under this RFP will contain the provisions required by 36 CFR Part 18 as well as other provisions determined by the NPS to be necessary to assure use of the leased property in a manner consistent with the purposes of the park area, and where applicable, to assure the preservation of historic property. Required provisions include, without limitation:

• A termination for cause or default provision and a termination for convenience provision.
• Appropriate provisions requiring the Lessees to maintain the leased property in good condition throughout the term of the Lease.
• Appropriate provisions stating that subletting of a portion of the leased property and assignment of a lease, if permissible under the terms of the lease, must be subject to the written approval of NPS.
• Appropriate provisions requiring the Lessees to pay for use of all services and utilities not provided by the Lessor and to pay all taxes and assessments imposed by federal, state, or local agencies applicable to the leased property or to Lessee activities.
• Appropriate provisions stating that the Lessees have no rights of renewal of the Lease or to the award of a new Lease upon Lease termination or expiration.
• Appropriate provisions stating that the Lessees may not construct new buildings or structures on leased property except in limited circumstances.
• Appropriate provisions requiring that any improvements to or demolition of leased property to be made by the Lessees may be undertaken only with written approval from the NPS; and
• Appropriate provisions that describe and limit the type of activities that may be conducted by the Lessees on the leased property.

A Sample Lease is attached to this RFP and incorporates these terms.

PROPOSALS CONSIDERED PUBLIC DOCUMENTS    

All proposals submitted in response to this Prospectus may be disclosed by the Service to any person, upon request, to the extent required or authorized by the Freedom of Information Act (5 U.S.C.§ 552). If you believe that your proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, mark the cover page of each copy of the proposal with the following legend:

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

You must specifically identify what you consider to be trade secret information or confidential commercial or financial information on the page of the proposal on which it appears, and you must mark each such page with the following legend:

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

Information so identified will not be made public by the NPS except in accordance with law. The NPS does not warrant and assumes no liability for the accuracy of the information provided in this RFP.

ELIGIBILITY

Applicants subject to existing and former legal authorizations must be compliant with lease obligations in order to be eligible for this opportunity. Lessees who have not satisfied reporting obligations, outstanding rent payments, or other lease obligations will not be considered eligible for this opportunity.

Applicants who are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from a public transaction by a federal department or agency, or whose legal authorizations to undertake operations on park lands or to use and occupy park lands and facilities have been revoked, suspended, or terminated, or whose obligations for payments have been deemed delinquent and have been deferred to the United States Treasury, are not eligible for consideration.