N.M. Admin. Code § 19.5.5.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.5.5.8 - SUBMITTAL OF PROPOSALS FOR CONCESSION CONTRACTS

A. An interested person seeking to operate a concession within a park or a concessionaire within a park who wishes to expand services beyond the location the concession contract authorizes may send a proposal summary including a brief description of the concession operation with the services to be offered, the concession's proposed location within the park and a description of how the concession meets the criteria in Subsection A of 19.5.5.9 NMAC to the superintendent at the park where the concession is proposed.

B. The director shall evaluate the proposal summary, with the understanding that new or replacement contracts shall be awarded on a competitive basis and notify the interested person and any existing concessionaire that:

(1) the proposal summary indicates the concession does not fit the criteria as listed in Subsection A of 19.5.5.9 NMAC; or

(2) the division will issue a request for concession proposals and the interested person may submit a proposal.

C. The division may request concession proposals when the division determines that there is a concession opportunity within a park, when a concession contract with an existing concessionaire has been terminated or expires or when an existing concessionaire no longer wishes to provide the services. The division shall consider at least the following in deciding whether to issue a request for proposals for the concession:

(1) the park's location, remoteness and, if applicable, facility accommodations;

(2) the population of the area surrounding the park and similar services being offered within the area;

(3) whether other persons have expressed an interest in providing the concession;

(4) the proposed concession operation's size; and

(5) whether an existing concession can provide the new and expanded service, as provided by the existing contract.

D. An interested person responding to a request for concession proposals shall submit the original of a concession proposal consisting of a cover letter and proposal summary, bound with tab dividers indicating the separately numbered paragraphs corresponding to the following numbers and information requested to the concessions administrator at the division office in Santa Fe through the superintendent at the prospective park where the concession is to be located.

(1) Business plan for the proposed concession that identifies:

(a) the type of business;

(b) the park name and the business' specific location within the park;

(c) services to be offered;

(d) proposed concession fee;

(e) the percentage mark up of goods and services to be offered;

(f) a description of how the business will be operated;

(g) an assurance statement that the concessionaire will follow all federal, state and local statutes or ordinances and regulations or rules;

(h) a proposed maintenance schedule;

(i) a building and improvements schedule outlining any proposed capital improvements, including a plan for the financing of the capital improvements, if applicable;

(j) identification of all investors or potential investors; and

(k) a current financial statement.

(2) A market analysis that:

(a) defines the market area;

(b) identifies existing concessions and other similar ventures within the market area and an indication of their success;

(c) provides the results of any existing public demand survey; and

(d) estimates the economic impact to the park and neighboring community.

(3) Plan for advertising and promoting the proposed concession and the park.

(4) Environmental evaluation of the effects of operating the proposed business that addresses solid and liquid waste generation/removal; air quality; water quality; and compliance with federal, state and local environmental laws.

(5) A cultural property evaluation that includes the identification and significance of cultural properties in the project area and outlines the project impact on cultural properties and proposed impact mitigation, which follows appropriate state or federal cultural property legislation, guidelines and standards, and is coordinated with appropriate federal and state agencies, including the state historic preservation office.

(6) Statement of the proposed terms and conditions relating to revenue generated to the state and term of agreement.

(7) Identification of required permits from other agencies and authorization or pre-approval, as required.

(8) Description of past business or other experience that demonstrates the interested person's ability to operate the concession.

(9) Projected revenue statement.

E. The division shall not evaluate incomplete proposals. The division may request additional information from the interested person as necessary for the proposal's review and evaluation.

F. The division may allow persons submitting proposals the opportunity to discuss the proposals with the division and revise the proposals, but may accept proposals without these discussions. The division may permit interested persons to revise their proposals after submittal of proposals and prior to the division's acceptance for the purpose of obtaining best and final offers. The division may conduct negotiations with interested persons who submit proposals the division finds to be reasonably likely to be selected.

G. The division should notify the interested person of its decision to accept or reject the proposal. During the review process, the division reserves the right to seek comment on a proposal from the public, federal and state agencies and other appropriate entities. If the division requests comments, it may take additional time to review and evaluate a proposal and reach a decision to accept or reject the proposal.

H. When an existing concession contract expires, the division shall not give the existing concessionaire preference for selection. The division may consider performance and the amount of capital investment in the selection process.

N.M. Admin. Code § 19.5.5.8

19.5.5.8 NMAC - Rp, 19.5.5.8 NMAC, 1/1/2008; A, 1/1/2013