Retail Permits


The San Francisco Bay Area Rapid Transit District (BART) seeks proposals from qualified parties to operate station retail activities at its various BART stations. Subject to approval by the BART Board of Directors, the successful Proposer will be granted a Station Retail Permit.

Proposals will be sent to:
 
BART Real Estate Services Department
300 Lakeside Drive, Suite 2200
Oakland, CA 94612

BART reserves the right to reject any and all proposals.
Please direct all questions to (510) 464-6882

General
The purpose of BART’s station retail program is to provide convenient, high-quality and reliable goods and services to BART patrons and to generate a new source of income for BART.  The sale of high-value BART tickets and logo items (souvenirs) is encouraged and covered by separate agreements. The use of vending machines or other mechanical vending devices, with the exception of Lottery ticket machines, is prohibited.

BART and selected vendor(s) will enter into a Station Retail Permit, which will detail the responsibilities of BART and the concessionaire and include, but not be limited to, details of fees to be paid, hours of operation, construction of kiosks, maintenance of premises, insurance requirements, termination etc.

BART seeks creative proposals that maximize the opportunities afforded at its station locations.  BART’s objectives include:

  • Provide services to transit patrons that will reduce the amount of travel needed to purchase goods and services.
  • Generate additional activity at stations, which enhances use of the transit service and improves patron perceptions of safety and security.
  • Generate an annual revenue stream to reduce BART's dependence on taxpayer subsidies.
  • Introduce development opportunities for the private sector.
  • Increase transit ridership to reduce air quality impacts, energy consumption and traffic congestion.

Proposals will be evaluated, in part, on the degree to which each of these objectives is achieved.

It is the policy of BART to ensure that Proposers who contract with the District do not discriminate or give preference in the award of sub agreements on the basis of race, national origin, color, ethnicity or gender.

Identification, Security and Background Checks
Vendor Photo Identification Cards (Vendor Cards) are issued to vendors and their staff who hold a valid permit to sell goods and services at specific locations on the BART System.  The Vendor Card will contain the name, photograph, permit number, expiration date and location.  All persons holding the Vendor Card are subject to the identification, security and background checks identified in the following paragraph.  Vendors and their staff must prominently display their Vendor Card at all times while on District property.    The Vendor Badge does not entitle the holder to transportation without charge on the BART system.

All persons seeking a permit to conduct business on District property are required to undergo a criminal history check administered through the BART Police Department (BPD).  BPD will collect a set of rolled fingerprints from prospective vendors that will be compared with the State of California’s Department of Justice (DOJ) Criminal Offender Records System.  Upon receipt of DOJ’s response, BPD will notify the Real Estate Department of the results of the background check.  All DOJ records will be kept confidential and maintained by BPD.

  • Any person who has a prior felony conviction identified in Exhibit 1 will be permanently barred from obtaining a permit to conduct business on District property.
  •  Any person who has a prior felony conviction identified in Exhibit 2 within the past 10 years will be disqualified from obtaining a permit to conduct business on District property or to perform work on District property pursuant to a contract or agreement.

In addition to the above requirements, all vendors requiring a Vendor Card are subject to the following identification and security checks:

  • Provide a valid and current photo identification such as a California Driver’s License, California Identification Card, US Passport of documentation from the Immigration and Naturalization Service such as a Permit to Work or a Naturalization Card (Green Card).
  •  The person’s identification shall be matched against the FBI Watch List.

There is a minimum charge of $35 per person for the Photo I.D. and background check.

The Property
Modifications to existing retail facilities and/or construction of new facilities will be at the sole expense of the Proposer. All required utilities (electrical, sewer, waste removal, communications, etc.) will be acquired and installed at the sole expense of the Proposer. This includes installation costs as well as recurring use fees.

BART, at its sole discretion, may provide water, if it is conducive to the efficient operation of the station infrastructure. All locations will be evaluated individually.

Licensed contractors must perform all construction, installations and modifications. BART, prior to the beginning of any work, must issue written approval of all designs, plans, drawings and schedules. BART certified Safety Monitors must be preset during all construction and installation activities. Cost for said Safety Monitors will be the responsibility of the Proposer.

New retail facilities are encouraged, however all designs must be consistent with existing station design elements. Proposers are required to submit design concepts for approval by the District Architect as the first step in the design review process, i.e. design concept must be approved before drawings are produced.

Displays may not extend beyond the kiosk nor encroach into adjoining areas without written permission from BART.

All new construction and any improvements or modifications to existing structures shall comply with any applicable requirements of the Americans with Disabilities Act (ADA) and all other Federal or California accessibility requirements.

Hours of Operation
Hours are limited to, but are not required to extend to, the hours during which BART operates regularly scheduled public transit services and the stations are open to the public.  This is generally from 4:00 a.m. to 1:30 a.m. weekdays, 6:00 a.m. to midnight on Saturdays, and 8:00 a.m. to midnight on Sundays and holidays.

Proposals
Proposals should be as specific and complete as possible and must include the following:

a. A business plan containing a narrative description of the proposed concession, details of any improvements or new construction to be made, details of project costs, a financing plan, and an analysis of estimated gross receipts and net income.  The most important factor of the business plan is a clear indication that the Proposer understands this business venture and has the financial capability to be successful.

b. Resumes and professional histories of the Proposer and key staff as well as references (if appropriate) in order to demonstrate the Proposer’s ability to successfully implement and operate their proposed concession.

c. Identification of the BART station and location requested.  Proposals need to be signed by the Proposer.  Proposals by a corporation need the signature of a duly authorized officer(s).

d. A non-refundable application fee of $268 must be included with the proposal.

Three copies of each proposal including all exhibits and attachments are required.

This Notice of Station Retail Opportunities does not commit BART to issue a Permit or to pay any costs incurred in the preparation or presentation of a proposal.

Note:  BART will not pay commissions of any kind.

Evaluation of Proposal
Evaluation of the proposal will be based on the information contained in the Proposal and other pertinent factors.  Staff’s recommendation may be subject to the approval of the BART Board of Directors. 

Factors to be considered in the evaluation process are listed below, not necessarily in any order of importance.

a. Proposer’s experience in similar activities.

b. Financial capability to initiate and operate the proposed concession.

c. Responsiveness to BART goals and optimization of opportunities afforded by the station location.

d. Anticipated start-up and operating costs.

e. Schedule for implementation of business operations.

f. Revenue to BART including but not limited to monthly concession payments, escalation provisions, and percentage participation in gross receipts.

 
EXHIBIT 1

Any person who has a prior felony conviction identified below will be permanently barred from obtaining a permit to conduct business on District property or to perform work on district property pursuant to a contract or agreement.  The California statutes are listed as examples.  The permanent bar will also include similar convictions under any other state or federal statutes.

• Hertzberg-Alarcon California Prevention of Terrorism Act (Penal Code § 11415 et. Seq.)
• Murder
• Treason
• Espionage
• Rape
• Kidnapping
• Assault with a Deadly Weapon
• Armed Robbery/Carjacking
• Manufacture, Sale, or Possession of Explosives
• Placement or Possession of Destructive Device on a Vehicle, Public Building, or Passenger Train
• Train Wrecking
• Arson
• Any attempt or conspiracy to commit any of the above crimes
• Any other crime classified as a felony that the General Manager determines indicates a propensity for endangering safety and security of the District’s employees, patrons, and facilities.

EXHIBIT 2

Any person who has a prior felony conviction identified below within the past 10 years will be disqualified from obtaining a permit to conduct business on District property or to perform work on District property pursuant to a contract or agreement.  The California statutes are listed as examples.  The disqualification will also include similar convictions under any other state or federal statutes.

• Battery on a Transit Employee, Passenger or Peace Officer
• Aggravated Assault
• Unarmed Robbery
• Burglary
• Extortion
• False Imprisonment
• False Report of a Bomb or Emergency
• Manslaughter
• Possession of Controlled Substance for Sale
• Sexual Assault or Sexual Battery
• Discharging a Firearm at an Occupied Building or Vehicle
• Use of, Offering, or Procuring False Documents
• Any attempt or conspiracy to commit any of the above crimes
• Any other crime classified as a felony that the General Manager determines indicates a propensity for endangering the safety and security of the District’s employees, patrons, and facilities.