REQUEST FOR PROPOSAL. SITE SELECTION for RETAIL SPACE CITY OF HALIFAX, NOVA SCOTIA NSLC REFERENCE NO: CN-28-FY18

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1 REQUEST FOR PROPOSAL SITE SELECTION for RETAIL SPACE CITY OF HALIFAX, NOVA SCOTIA NSLC REFERENCE NO: CN-28-FY18 NOVA SCOTIA LIQUOR CORPORATION 93 CHAIN LAKE DRIVE HALIFAX, NOVA SCOTIA B3S 1A3 Submission Closing Deadline: Tuesday October 3, ADT (Halifax local time) NSLC Contact: Tracey Darrigan Procurement Manager - 1 -

2 NOVA SCOTIA LIQUOR CORPORATION INVITATION & SUBMISSION INSTRUCTIONS 1. Description This Request for Proposal (the RFP ) is an invitation by the Nova Scotia Liquor Corporation (the NSLC ) to qualified landlords to submit proposals for the location of a retail space to serve the Lacewood Drive/Dunbrack Street area in the City of Halifax. As operator, the NSLC is seeking sf net rental area. The exact sizing of the retail space will be determined with the Proponent upon award of the RFP. 2. Non-binding Procurement Process The proponent acknowledges that the RFP process will be governed by the terms and conditions of the RFP, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal, legally binding bidding process or tender (and for greater certainty, does not give rise to a Contract A bidding process contract), and that no legal relationship or obligation regarding the procurement of any good or service shall be created between the NSLC and the proponent unless and until the NSLC and the proponent execute a written agreement for the Deliverables. 3. Submission Closing Deadline / Delivery The RFP submission must be signed and ed to prior to the submission closing deadline of Tuesday October 3, 2017, 2:00 PM ADT. (Halifax local time). Please indicate the NSLC Reference No. and Title on the s subject line. Late submissions received after the closing date and time will be disqualified from competition and not considered. 4. Inquiries/ NSLC Contact a. Inquiries concerning this RFP are to be directed only to the attention of the NSLC Contact below via Tracey Darrigan, Procurement Manager Proponents and their representatives are not permitted to contact any employees or other representatives of the NSLC, other than the NSLC Contact, concerning matters of this RFP, unless the above NSLC Contact has specifically directed you to another to respond. The NSLC reserves the - 2 -

3 right to disqualify any proponent that does not comply with this requirement and reject the proponent s submission. b. Anyone who believes the RFP contains any error, inconsistency, or omission should submit a written inquiry via requesting clarification, interpretation or explanation to the NSLC Contact identified above in #4a. c. Please submit all inquiries via to the NSLC Contact above no later than Tuesday September 26, 2017 at 2:00 PM ADT (Halifax local time). Please indicate the NSLC RFP Reference No. on the s subject line. 5. Addenda a. It is the responsibility of proponents to ensure that they have all the necessary information concerning the intent and requirements of this RFP, and to seek clarification of any matter they consider to be unclear before forwarding a submission. The NSLC is not responsible for any misunderstanding of this RFP on the part of a proponent. No proponent can claim any advantage from any error, inconsistency, or omission in this RFP. b. The NSLC reserves the right to distribute any or all questions and answers to all other potential proponents through a Q&A addendum to be posted on the Nova Scotia Procurement Web Portal. Addenda also includes changes to specifications, criteria, etc. c. No information given verbally by the NSLC, or by means of telephone, will be binding, nor will it be construed to change the requirements of the RFP in any way. d. The NSLC reserves the right to modify the terms of the RFP before the closing deadline, such changes to be communicated from the NSLC in the form of an addendum. Proponents shall indicate in a signed cover letter with their submission that they have based their responses on the specifications and all addenda issued during this RFP. Proponents shall ensure that they have in their possession at the time of submission, all addenda that may have been issued. Confirmation can be obtained by checking the RFP document as posted on the Nova Scotia Procurement Web Portal at Best practice is to do a final check of this website before sending your formal submission in response to the RFP. e. Prior to the closing deadline, the Proponent is permitted to any signed addenda to should the formal submission in response to the RFP already have been forwarded to the NSLC

4 6. Confidential Information of Proponent A proponent should identify any information in its submission or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the NSLC. The confidentiality of such information will be maintained by the NSLC, except as otherwise required by law (including, without limitation the requirements of the Freedom of Information and Protection of Privacy Act, S.N.S ( FOIPOP ), as amended from time to time) or by order of a court or tribunal. Proponents should review and understand the effect of FOIPOP on their submissions, including the criteria related to third party confidential information. Proponents are advised that their submissions will, as necessary, be disclosed on a confidential basis, to the NSLC s advisers retained for the purpose of evaluating or participating in the evaluation of their submissions. If a proponent has any questions about the collection and use of confidential information pursuant to this RFP, questions are to be submitted to the NSLC Contact. 7. Standard Clauses a. An incomplete submission and submissions that fail to comply with the specification documents will be rejected. b. The entire content of the proponent s submission should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent s submission but not attached will not be considered to form part of its proposal. c. All submissions are subject to evaluation after opening and before award of RFP. All procurement activity will attempt to seek out best value, which maximizes, inter alia, the effectiveness and profitability to the NSLC. d. In the evaluation process, the NSLC may include information provided by the proponent s references and may also consider the proponent s past performance or conduct on previous contracts with the NSLC. e. When evaluating submissions, the NSLC may request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in the proponent s submission, including but not limited to clarification with respect to whether a submission meets the mandatory technical requirements set out in RFP document specifications. The NSLC may revisit and re-evaluate the proponent s response or ranking on the basis of any such information

5 f. The proponent is urged to reply to specific sections of the RFP in the manner requested. Where information is requested in this RFP, any response made in a submission should reference the applicable section numbers of this RFP document. g. Any and all charges to the NSLC must be included and clearly stated within the submission. h. The proponent shall bear all costs associated with or incurred in the preparation and presentation of its submission, including, if applicable, costs incurred for interviews or demonstrations. In the event that any submission is not accepted, the NSLC will not be liable for any costs or damages incurred by the proponent. i. The NSLC may cancel or amend the RFP process for any reason whatsoever it in the sole and absolute discretion of NSLC without liability to any proponents at any time prior to the execution of a written agreement between the NSLC and a proponent. j. Proponents may request a debriefing after posting of the outcome of the procurement process on the Nova Scotia Procurement Web Portal. All requests must be in writing via to the NSLC Contact and must be made within sixty (60) days of posting of the outcome of the procurement process. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome. 8. Trade Agreements Proponents should note that procurements falling within the scope of Chapter 5 of the Agreement on Internal Trade and/or the Atlantic Procurement Agreement are subject to those trade agreements but that the rights and obligations of the parties shall be governed by the specific terms of this RFP. 9. Withdrawal of Submissions At any time throughout the RFP process, until the execution of a written agreement for provision of the Deliverables, a proponent may withdraw a submission. To withdraw a submission, a notice of withdrawal must be sent to the NSLC Contact and must be signed by an authorized representative of the proponent. The NSLC is under no obligation to return withdrawn submissions. 10. Submissions to be retained by the NSLC The NSLC will not return the submission or any accompanying documentation submitted by a proponent

6 11. Type of Contract Deliverables The selected proponent will be requested to enter into direct contract negotiations to finalize an agreement with the NSLC for the provision of the Deliverables. 12. Governing Law and Interpretation These Terms and Conditions of the RFP Process: a. are intended to be interpreted broadly and independently (with no particular provision intended to limit the scope of any other provision); b. are non-exhaustive and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and c. are to be governed by and construed in accordance with the laws of the province of Nova Scotia and the federal laws of Canada applicable therein. 13. Conflict of Interest The NSLC may disqualify a proponent for any conduct, situation or circumstances, determined by the NSLC, in its sole and absolute discretion, to constitute a Conflict of Interest. For the purposes of this, the term Conflict of Interest includes, but is not limited to, any situation or circumstance where: a. in relation to the RFP process, the proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the NSLC in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the RFP process (including but not limited to the lobbying of decision makers involved in the RFP process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive RFP process or render that process non-competitive or unfair; or b. in relation to the performance of its contractual obligations under a contract for the Deliverables, the proponent s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. Proponents should disclose the names and all pertinent details of all individuals (employees, advisers, or individuals acting in any other - 6 -

7 capacity) who (a) participated in the preparation of the proposal; AND (b) were employees of the NSLC within twelve (12) months prior to the Submission Deadline. 14. Notification of Successful Proponent Notification of the successful proponent will be posted on the Nova Scotia Procurement Web Portal at Evaluation and Selection An evaluation committee will review and score each proposal, place the proposals in rank order, and present the results along with their recommendation for review and approval by NSLC senior executive. Upon selection of the most qualified Proponent, the NSLC will begin negotiations in order to secure a contract. Should the NSLC be unable to negotiate a satisfactory contract with the Proponent considered to be most qualified, negotiations with that Proponent will be formally terminated. The NSLC may then undertake negotiations with the next most qualified Proponent. The evaluation and selection will be based on the criteria set forth below which shall be applied by NSLC in its sole and absolute discretion. 16. Evaluation Criteria All proposals submitted are subject to evaluation after opening. Proposals will be evaluated based on the evaluation criteria listed on page 10 and 11 of the following specifications section

8 REQUEST FOR PROPOSALS SITE SELECTION for RETAIL SPACE CITY OF HALIFAX, NOVA SCOTIA NSLC REFERENCE NO: CN-28-FY18 SPECIFICATIONS NOVA SCOTIA LIQUOR CORPORATION 93 CHAIN LAKE DRIVE HALIFAX, NOVA SCOTIA B3S 1A3-8 -

9 Nova Scotia Liquor Corporation (NSLC) Instructions to Proponents Site Selection for Retail Space City of Halifax, Province of Nova Scotia Selecting a store location is a significant decision for any retailer. The NSLC makes strategic investments in its store network to provide a great shopping experience and ensure successful retail operations that reflect the communities they serve. The NSLC is requesting proposals for a new retail location to better serve the area of Lacewood Drive & Dunbrack Street in the city of Halifax. A new NSLC Express location will offer customer convenience with a selection of our top selling 300 brands and an improved shopping experience with wines by taste profile and chilled white wines. Selecting a site for this new corporate store is the first step. Proponents are encouraged to provide details of their development strategies for their proposed site, which may include options for commercial and/or construction turnkey solutions. Requirements By submitting a proposal in response to this RFP, all proponents agree to the following requirements: 1. A site plan must be provided showing the location of premises or the proposed location of premises to be constructed. The site plan is to show surrounding retail businesses, or other buildings that would attract retail customers to the site. If any change in the site (additional tenants for example) is expected within the first 3 years of the term, these possible changes should be shown as well. The site plan must show ingress and egress driveways, complete with any grade changes together with the required parking spaces. The site plan should also show truck ingress and egress routes including all truck-turning paths. Design vehicle is to be a WB An area map must be provided indicating the location of the proposed site to ensure its suitable proximity to the community, as described in this RFP document, that the NSLC requires it to serve. The Proponent is to clearly identify that the premises intended meet the required commercial zoning criteria. A schedule for all leasehold improvements/construction must be provided which would allow for the determination of an occupancy date by the NSLC. A schedule outlining the permitting process is to be provided as well. 3. Vehicular traffic counts at the proposed location should be provided with the - 9 -

10 Proposal. Similarly, the drawing potential for the store, as provided by adjacent retail uses is a key component of the evaluation of the Proposal, and this information should be quantitatively provided with certainty. 4. The Evaluation Criteria includes consideration of the type and size of signage available at the street, consistent with the intent that the Proposal selected will best maximize the visibility and attractiveness of this location. 5. Confirmation that the number of parking stalls provided meets municipal requirements for the property on which the NSLC is located. The NSLC determines available parking spaces for its customers as key to its evaluation of any proposal. 6. The NSLC assumes no liability or obligation of any kind whatsoever to any firm or person who responds to this RFP. 7. If the Proponent is a registered entity, the principals must be disclosed within the Proposal. Evaluation Criteria: Below are the evaluation criteria that the NSLC has established. NSLC s evaluation of proposals based on the below criteria shall be conducted in accordance with NSLC s sole and absolute discretion and shall not be subject to any form of review. In particular, each criterion may not be of equal importance to NSLC and NSLC reserves the right to give different weights to each criterion in its sole and absolute discretion. Ease of entry/exit to the site for customer vehicles street lights, congestion, grade changes, visibility Ease of entry/exit for delivery vehicles - turning radii, paved areas Ease of use of the unloading/loading facilities - any blocking of traffic, dedicated loading facilities, full truck ramp to accommodate a full size highway tractor/trailer Proposed location of loading dock and screening from front parking lot Number, location of parking spaces available for NSLC use and designated as such Prominence of the proposed site within the community Proximity to populated residential areas, complementary businesses and major roadways Overall vehicular traffic counts and flow to and within the site noting safe movement of vehicles and pedestrians

11 Visibility of the potential store location from street(s) Site proximity for access from municipal sidewalk Type and location of site signage Impact of the store frontage for the proposed premises as a draw for retail customers Dimensions and layout of the proposed store site as best fit for the NSLC s needs Openness of proposed site plan free from obstructions. Ease of access for customers in and out of the store Annual transactions counts for adjacent businesses, where applicable Proposed development plans for the site over the next 3 years Complementary nature of products, premises or services at adjacent businesses, including grocery offerings. Risks that could hurt the NSLC s business within 3 years at this location, or other locations possibly being considered

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