An interesting battle is unfolding in New York State over the fulfillment of a foodservice contract on the State’s thruways.
The recent controversy surrounding Chick-fil-A’s decision to close on Sundays, despite winning a bid for a food service contract on the New York State Thruway, raises important questions about the significance of fulfilling contractual obligations.
Chick-fil-A, a popular fast-food chain known for its quality and customer service, has faced criticism for their decision to close on Sundays.
Despite winning the food service contract on the New York State Thruway, which requires seven-day service, the company’s policy contradicts this commitment.
While Chick-fil-A has the right to enforce their corporate values and religious beliefs, it is essential to consider the implications of such decisions on public service contracts.
By closing on Sundays, Chick-fil-A fails to meet the needs of the public and disregards the contractual obligations they agreed to when securing the contract.
This not only undermines the integrity of the procurement process but also raises doubts about their suitability as a vendor for public turnpikes.
New York State Assembly Bill A08336, which was introduced by Assemblymember Tony Simone (D-NY), takes issue with Chick-fil-A restaurant locations now open at the state-owned rest stops during their regular operating hours — meaning they are closed on Sundays.
“While there is nothing objectionable about a fast-food restaurant closing on a particular day of the week, service areas (rest stops) dedicated to travelers is an inappropriate location for such a restaurant,” according to the bill’s memo.
“Publicly owned service areas should use their space to maximally benefit the public. Allowing for retail space to go unused one-seventh of the week or more is a disservice and unnecessary inconvenience to travelers who rely on these service areas.”
Simone’s bill would not force current Chick-fil-A rest stop locations to open on Sunday. The bill only applies to future restaurant contracts.
New York lawmakers introduced a bill on Dec. 13 that would require all restaurants at rest stops along the New York State Thruway, a 570-mile superhighway that extends from New York City to Buffalo, to remain open seven days a week.
But it would only apply to restaurants opened under future contracts with the state, not those currently in operation.
When the state or local governments initiate RFPs for public services, they do so with the expectation that the winning bidder will deliver the services as specified in the contract.
These contracts are legally binding and obligate the vendor to meet the agreed-upon terms, including the provision of services seven days a week, when explicitly stated.
This requirement ensures that the needs of the public, who utilize these services, are consistently met and their expectations are not compromised.
The goal of Simone’s proposed bill is meant to give travelers in New York a variety of food options, including healthy foods, at rest stops, rather than an effort to eventually push Chick-fil-A out.
“Look, if you want to eat fried chicken while traveling over the holidays, then Chick-fil-A should be open on Sundays,” Simone said.
The bill’s introduction was prompted by a redevelopment project underway at the New York State Thruway Authority’s 27 service areas.
Through the project, 23 of the restaurant buildings at the rest stops will be rebuilt, with significant renovations on the remaining four.
Applegreen, an Irish company that operates convenience stores in Ireland, the U.K. and the U.S., has already signed a 33-year contract to run the rest stops, according to the proposed bill and the Thruway Authority.
The current contract requires Applegreen “to have at least one hot and cold food option available 24 hours a day at all locations,” Jennifer Givner, spokesperson for the Thruway Authority added.
“The Thruway’s 27 service areas provide safe locations to pull off the highway, refuel/recharge a vehicle, take a break from driving and grab a bite to eat,” Givner said.
When the redevelopment project is complete, Chick-fil-A will operate in 10 of the rest stops on the Thruway.
Chick-fil-A will be able to operate within their normal hours under the current contract with Applegreen, meaning they will not be impacted by the proposed bill’s requirements and will still close on Sundays.
“Chick-fil-A’s Sunday closure is a brand requirement which Applegreen factored into their tenant plan,” Givner added.
When a winning bidder fails to fulfill their contractual obligations, it undermines the integrity of the procurement process and casts doubt on the selection criteria used.
If a vendor cannot provide the services as promised, it raises concerns about their ability to deliver on other aspects of the contract. This can lead to a breakdown of trust between the vendor, the public entity, and the general public.
Chick-fil-A is known both for its chicken and for its locations being closed on Sundays. The popular fast-food chain says the practice was established by Chick-fil-A founder S.
Truett Cathy when it first opened in 1946 so employees can enjoy time with their families and “worship if they choose.”
