What Went Wrong With the Chappaqua Train Station RFP Process

By Carla Gambescia and Peter and Erin Chase

A request for proposal, typically referred to as an RFP, is a formal solicitation made by a governmental entity or company interested in procuring a product or service or valuable asset through a competitive process. An RFP is created upfront in the procurement cycle and is designed to bring structure to competitive process and the procurement decision.

We feel strongly that the station lease selection process the New Castle Town Board conducted this year did not remotely conform to what would be considered standard or good business practice, and was neither transparent nor “fair and open to all applicants” as promised by the board. It was conducted in a “cart-before-the-horse” manner without objectives or evaluative criteria, resulting in a decision and potential 15-year commitment for the town that defies business sense.

 

Here’s a snapshot of the process, the decision and what went wrong:

 

• The town clandestinely scheduled meetings with new candidates who learned of the new process either by personal invitation or by chance from mid February to early March during a time when, as far as the public knew, the station lease had already been awarded to a food service operator.

 

• Presentations were scheduled and conducted March 11 and March18prior to the RFP being issued, the complete reverse of what is standard and sound practice.

 

• The RFP issued March 19failed to state objectives, priorities and decision criteria; instead it was open-ended and nonspecific (apart from insurance coverage requirements and the like), thus enabling the board to justify whatever decision might suit them.

 

• This inadequate RFP was made public only on the town website on March 20and had a due date for written submissions of March 28.

 

• The eight-day timeframe provided insufficient time for interested and qualified food service operators (that had not otherwise known of or been personally invited by the board) to learn of the opportunity and to submit a thoughtful proposal. Not surprisingly no new candidates came forth.

 

• Once proposals were submitted, the board then engaged in negotiations with only the low bidder, ignoring the other two proposals, both of which, among other things, offered higher rents and substantial capital improvements to the station without compromising its landmark features and charm.

 

• The selected proposal offered residents the least in terms of a dining amenity and offered nothing in the way of capital improvements.

 

• Even after seven weeks of negotiations and extensive legal fees for the town, the final agreement exceeded the monthly rent of one candidate by only $50 and was $300 below the other (including the value of capital improvements). Bottom line: the decision did not make financial sense.

 

• Further, the selected candidate was granted an additional five-year extension option for a 15-year commitment even though that option was not stated as part of the RFP term; such an add-on would only make financial sense to the town if the winning proposal had included substantial capital improvements, which the winning bidder would need to amortize over a longer term.

 

 

Most town board decisions cannot be challenged. Since the Chappaqua train station is owned by the Town of New Castle, concerned residents have a powerful tool to speak: a permissive referendum, a legal mechanism for a community to vote down a resolution authorizing the sale or lease of town-owned property, which is your property as taxpayers.

 

The permissive referendum now underway  may be the only opportunity residents have before the next town election to send a strong message to Supervisor Robert Greenstein and the board that their actions have not lived up to their promise of transparency and ethical conduct.

 

Deadline to sign the petition: Wednesday, June 18

Where to sign: Kent Home, 77 S. Greeley Ave., and Via Vanti! at the Mount Kisco train station

Contact: email ourstationourtown@gmail.com (let us know if you want to sign, we will come to you)

Info: visit http://ourstationourtown.squarespace.com and www.facebook.com/OurStationOurTown

Carla Gambescia is owner of Via Vanti! in Mount Kisco and Peter and Erin Chase own a hospitality development company. They submitted proposals to operate a food establishment at the Chappaqua train station.