26CRDFBKHAWK-0002 - RFP FOR IMPACS.pdf

REQUEST FOR PROPOSAL

RFP COVER SHEET

Administrative Information RFP Number 26CRDFBKHAWKIN-0002 Title of RFP Aquaculture Chiller Unit for Muskellunge Recirculating

Aquaculture System (Musky RAS) Agency Iowa Department of Natural Resources (DNR)

DNR Issuing Officer Name: Colton Lullmann

Phone: (515) 361-0743 E-mail: Colton.Lullmann@dnr.iowa.gov

PROCUREMENT TIMETABLE - Event or Action Date/Time

(Central Time)

State Posts Notice of RFP on the TSB website February 2, 2026 @

2:00 PM

State Issues RFP February 4, 2026 @ 2:00 M

RFP written questions, requests for clarification, and suggested changes from Respondents due

February 11, 2026 @

11:59 PM

DNR follow-up RFP written questions, requests for clarification, and suggested changes from Respondents due (no questions accepted or responded to after this date)

February 12, 2026 @

4:30 PM

Proposals Due February 18, 2026

2:00 PM

Relevant Websites

● Internet website where RFP, Addenda, and Questions and Answers to this RFP will be posted: Iowa Management of Procurement and Contract Systems (IMPACS)

● Internet website where DNR Contract General Conditions, DNR Contract Special Conditions - Formal, and DNR Contract Special Conditions - Informal, are posted: Iowa DNR Solicitations & Construction Bid Lettings

Firm Proposal Terms

The minimum number of days following the deadline for submitting proposals that the Respondent guarantees all proposal terms, including price, will remain firm is 120 Days.

10/2025 cmc 1 DNR Form 542-0927 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa https://www.iowadnr.gov/about/solicitations-construction-bid-lettings

SECTION 1 INTRODUCTION

1.1 Purpose

The purpose of this Request for Proposals (RFP) is to solicit proposals from Responsible Respondents to provide the goods and/or services identified on the RFP cover sheet and further described in Section 4 of this RFP to the Agency identified on the RFP cover sheet. The Agency intends to award a Contract(s) for the initial period identified on the RFP cover sheet, and the Agency, in its sole discretion, may extend the Contract(s) for up to the number of annual extensions identified on the RFP cover sheet.

1.2 Definitions

For the purposes of this RFP and the resulting contract, the following terms shall mean:

“Agency” means the agency identified on the RFP cover sheet that is issuing the RFP and any other agency that purchases from the Contract.

“Contract” means the contract(s) entered into with the successful Respondent(s) as described in Section 6.1.

“Contractor” means the awarded business/person to provide the contractual services agreed upon.

“Deliverable” means the completion of a milestone or accomplishment of a task.

“Director” means the Director of the Department of Administrative Services or the director’s designee.

“DNR Service Contract General Conditions” means the General Conditions for Service Contracts as referenced on the RFP cover page.

“DNR Service Contract Special Conditions – Formal” and “DNR Service Contract Special Conditions - Informal” means the Special Conditions for Service Contracts as referenced on the RFP cover page.

“Proposal” means the Respondent’s proposal submitted in response to the RFP.

“Respondent” means the company, organization or other business entity submitting a proposal in response to this

RFP.

“Responsible Respondent” means a Respondent that has the capability in all material respects to perform the scope of work and specifications of the Contract. In determining whether a Respondent is a Responsible Respondent, the Agency may consider various factors including, but not limited to, the Respondent’s competence and qualifications to provide the services requested, the Respondent’s integrity and reliability, the past performance of the Respondent and the best interest of the Agency and the State.

“Responsive Proposal” means a Proposal that complies with the material provisions of this RFP.

“RFP” means this Request for Proposals and any attachments, exhibits, schedules or addenda hereto.

“State” means the State of Iowa, the Agency, and all state agencies, boards, and commissions, and any political subdivisions making purchases from the Contract as permitted by this RFP.

1.3 Overview of the RFP Process

This RFP is designed to provide Respondents with the information necessary for the preparation of competitive Proposals. The RFP process is for the Agency’s benefit and is intended to provide the Agency with competitive information to assist in the selection process. It is not intended to be comprehensive. Each Respondent is responsible for determining all factors necessary for the submission of a comprehensive Proposal.

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Respondent should review Request for Confidentiality, for more information if its Proposal contains confidential information. Any Proposal marked “Confidential” or “Proprietary” on every page may be disqualified.

It is the Agency’s intention to evaluate Proposals from all Respondents that submit timely Responsive Proposals, and award the Contract(s) in accordance with the evaluation and selection criteria provided in this RFP.

1.4 Objectives

The Iowa Department of Natural Resources (DNR) seeks to contract with a qualified aquaculture engineering firm to provide a comprehensive, turn-key equipment and design solution for the Spirit Lake Fish Hatchery (SLFH). The successful Respondent shall specify and provide a commercial-grade aquaculture chiller unit specifically tailored to the unique hydraulic parameters and water volume of the Musky Recirculating Aquaculture System (RAS). Beyond equipment procurement, the firm must develop detailed professional engineering plans for the seamless integration of the chiller unit into the existing Musky RAS infrastructure. Furthermore, the selected firm will provide expert technical guidance, design-level oversight, and coordination with the third-party installation contractor to ensure the system is installed according to professional standards. This partnership extends into the first year of operation, requiring the firm to deliver comprehensive operational support, specialized expertise, and on-call troubleshooting to ensure long-term system performance and fish health.

1.5 Background

The Spirit Lake Fish Hatchery (SLFH), operated by the Iowa Department of Natural Resources (DNR), supports fisheries management and conservation efforts through the production of hatchery-reared fish for stocking and research purposes. As part of these efforts, SLFH operates a Muskellunge Recirculating Aquaculture System (Musky RAS) designed to provide controlled rearing conditions necessary for fish health, growth, and survival.

The Musky RAS comprises several critical components, including a TM3-EV23 drum filter, an 1.6 M3 vertical MBBR biofilter, a 24" x 24" x 60" degassing tower, and a 24" diameter oxygen cone. The system supports a water volume ranging from a minimum of 5,900 liters (1,558 gallons) to a maximum of 19,250 liters (5,085 gallons). It utilizes city water as its primary source.

Maintaining stable and precise water temperatures is critical to the successful operation of the Musky RAS, particularly to support seasonal production needs and changing biological requirements throughout the rearing cycle. The existing system requires an upgraded or dedicated aquaculture chiller to improve temperature control, system efficiency, and operational reliability.

1.6 Multiple Awards

The State reserves the right to award multiple contracts based on the ability of Respondents to propose solutions for the various courses specified in this RFP and the available funding. Some overlap of course subject areas may be allowed for award purposes and is at the discretion of the State.

SECTION 2 ADMINISTRATIVE INFORMATION

2.1 Issuing Officer

The Issuing Officer identified in the RFP cover sheet is the sole point of contact regarding the RFP from the date of issuance until a Notice of Intent to Award the Contract is issued.

2.2 Restriction on Communication

From the issue date of this RFP until a Notice of Intent to Award the Contract is issued, Respondents may contact only the Issuing Officer. The Issuing Officer will respond only to written questions regarding the procurement process. Questions related to the interpretation of this RFP must be submitted as provided in Section 2. Oral questions related to the interpretation of this RFP will not be accepted. Respondents may be disqualified if they contact any State employee other than the Issuing Officer about the RFP except that Respondents may contact the

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State Targeted Small Business Office on issues related to the preference for Targeted Small Businesses.

This section shall not be construed as restricting communications related to the administration of any contract currently in effect between a Respondent and the State.

2.3 Downloading the RFP from the Internet

The RFP and any addenda to the RFP will be posted at IMPACS Electronic Procurement System. The Respondent is advised to check the website periodically for addenda to this RFP, particularly if the Respondent downloaded the RFP from the Internet as the Respondent may not automatically receive addenda. It is the Respondent's sole responsibility to check daily for addenda to posted documents.

2.4 Procurement Timetable

The dates provided in the procurement timetable on the RFP cover sheet are provided for informational and planning purposes. The Agency reserves the right to change the dates. If the Agency changes any of the deadlines for Respondent submissions, the Agency will issue an addendum to the RFP.

2.5 Questions, Requests for Clarification, and Suggested Changes Respondents are invited to submit written questions and requests for clarification regarding the RFP. Respondents may also submit suggestions for changes to the specifications of this RFP. The questions, requests for clarifications, or suggestions must be in IMPACS on or before the date and time listed. Oral questions will not be permitted. If the questions, requests for clarifications, or suggestions pertain to a specific section of the RFP, Respondent shall reference the page and section number(s). The Agency will post written responses to questions, requests for clarifications, or suggestions received from Respondents in IMPACS.

The Agency assumes no responsibility for oral representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP through an addendum.

2.6 Amendment to the RFP

The Agency reserves the right to amend the RFP at any time using an addendum. The Respondent shall acknowledge receipt of all addenda in its Proposal. If the Agency issues an addendum after the due date for receipt of Proposals, the Agency may, in its sole discretion, allow Respondents to amend their Proposals in response to the addendum.

2.7 Amendment and Withdrawal of Proposal

The Respondent may amend or withdraw and resubmit its Proposal at any time before the Proposals are due. The proposal must be updated and submitted using IMPACS. Electronic mail and faxed amendments will not be accepted. Respondents must notify the Issuing Officer in writing prior to the due date for Proposals if they wish to completely withdraw their Proposals.

2.8 Submission of Proposals

Respondent must submit Proposal in the State’s IMPACS Electronic Procurement System before the “Proposals Due” date and time listed on the RFP cover sheet. This is a mandatory specification and will not be waived by the Agency. Any Proposal received after this deadline will be rejected and returned unopened to the Respondent.

Respondents sending Proposals must allow ample upload time to ensure timely receipt of their Proposals. It is the Respondent’s responsibility to ensure that the Proposal is received prior to the deadline. Electronic mail and faxed Proposals will not be accepted. There is a 50MB per file size limitation, but no limit to number of files. Plan accordingly.

Respondents must furnish all information necessary to enable the Agency to evaluate the Proposal. Oral information provided by the Respondent will not be considered part of the Respondent's Proposal unless it is reduced to writing.

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2.9 Proposal Opening

The Agency will open Proposals after the deadline for submission of Proposals has passed. The Proposals will remain confidential until the Agency has issued a Notice of Intent to Award a Contract. See Iowa Code Section 72.3.

However, the names of Respondents who submitted timely Proposals will be publicly available after the Proposal opening. The announcement of Respondents who timely submitted Proposals does not mean that an individual Proposal has been deemed technically compliant or accepted for evaluation.

2.10 Costs of Preparing the Proposal

The costs of preparation and delivery of the Proposal are solely the responsibility of the Respondent.

2.11 No Commitment to Contract

The Agency reserves the right to reject any or all Proposals received in response to this RFP at any time prior to the execution of the Contract. Issuance of this RFP in no way constitutes a commitment by the Agency to award a contract.

2.12 Rejection of Proposals

The Agency may reject outright and not evaluate a Proposal for reasons including, without limitation:

2.13.1 The Respondent fails to deliver the Cost Proposal as a separate file.

2.13.2 The Respondent acknowledges that a mandatory specification of the RFP cannot be met.

2.13.3 The Respondent's Proposal changes a material specification of the RFP or the Proposal is not compliant with the mandatory specification of the RFP.

2.13.4 The Respondent’s Proposal limits the rights of the Agency.

2.13.5 The Respondent fails to include information necessary to substantiate that it will be able to meet a specification of the RFP as provided in Section 4 of the RFP.

2.13.6 The Respondent fails to timely respond to the Agency's request for information, documents, or references.

2.13.7 The Respondent fails to include proposal security, if required.

2.13.8 The Respondent fails to include any signature, certification, authorization, stipulation, disclosure or guarantee as provided in Section 4 of this RFP.

2.13.9 The Respondent presents the information requested by this RFP in a format inconsistent with the instructions of the RFP or otherwise fails to comply with the specifications of this RFP.

2.13.10The Respondent initiates unauthorized contact regarding the RFP with a State employee other than the

Issuing Officer.

2.13.11The Respondent provides misleading or inaccurate responses.

2.13.12The Respondent’s Proposal is materially unbalanced. A Proposal in which line item prices are structured so that it is possible that the Respondent who appears to be low will not end up having the lowest overall cost to the State, due to high prices on particular line items.

2.13.13There is insufficient evidence (including evidence submitted by the Respondent and evidence obtained by the Agency from other sources) to satisfy the Agency that the Respondent is a Responsible Respondent.

2.13.14The Respondent is a “scrutinized company” included on a “scrutinized company list” created by a public fund pursuant to Iowa Code section 12J.3.

2.13 Nonmaterial Variances

The Agency reserves the right to waive or permit cure of nonmaterial variances in the Proposal if, in the judgment of the Agency, it is in the State’s best interest to do so. Nonmaterial variances include but are not limited to, minor failures to comply that: do not affect overall responsiveness, are merely a matter of form or format, do not change the relative standing or otherwise prejudice other Respondents, do not change the meaning or scope of the RFP, or do not reflect a material change in the specifications of the RFP. In the event the Agency waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFP specifications or excuse the Respondent from full compliance with RFP specifications or other Contract specifications if the Respondent is awarded the Contract.

The determination of materiality is in the sole discretion of the Agency.

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2.14 Reference Checks

The Agency reserves the right to contact any reference to assist in the evaluation of the Proposal, to verify information contained in the Proposal and to discuss the Respondent’s qualifications and the qualifications of any subcontractor identified in the Proposal.

2.15 Information from Other Sources

The Agency reserves the right to obtain and consider information from other sources concerning a Respondent, such as the Respondent’s capability and performance under other contracts, the qualifications of any subcontractor identified in the Proposal, the Respondent’s financial stability, past or pending litigation, and other publicly available information.

2.16 Verification of Proposal Contents

The content of a Proposal submitted by a Respondent is subject to verification. If the Agency determines in its sole discretion that the content is in any way misleading or inaccurate, the Agency may reject the Proposal.

2.17 Proposal Clarification Process

The Agency reserves the right to contact a Respondent after the submission of Proposals for the purpose of clarifying a Proposal. This contact may include written questions, interviews, site visits, a review of past performance if the Respondent has provided services to the State or any other political subdivision wherever located, or requests for corrective pages in the Respondent’s Proposal. The Agency will not consider information received from or through Respondent if the information materially alters the content of the Proposal or the type of services the Respondent is offering to the Agency. An individual authorized to legally bind the Respondent shall sign responses to any request for clarification. Responses shall be submitted to the Agency within the time specified in the Agency's request. Failure to comply with requests for additional information may result in the rejection of the Proposal.

2.18 Disposition of Proposals

All Proposals become the property of the State and shall not be returned to the Respondent. Once the Agency issues a Notice of Intent to Award the Contract, the contents of all Proposals will be public records and be available for inspection by interested parties, except for information for which Respondent properly requests confidential treatment according to exceptions provided in Iowa Code Chapter 22 or other applicable law.

2.19 Public Records and Requests for Confidential Treatment

The Agency’s release of public records is governed by Iowa Code Chapter 22. Respondents are encouraged to familiarize themselves with Chapter 22 before submitting a Proposal. The Agency will copy and produce public records upon request as required to comply with Chapter 22 and will treat all information submitted by a Respondent as non-confidential records unless the Respondent requests specific parts of the Proposal be treated as confidential at the time of the submission as set forth herein AND the information is confidential under Iowa or other applicable law. Requests for treatment of information as confidential must comply with 561 Iowa Administrative Code chapter 2.

2.20 Copyright Permission

By submitting a Proposal, the Respondent agrees that the Agency may copy the Proposal for purposes of facilitating the evaluation of the Proposal or to respond to requests for public records. By submitting a Proposal, the Respondent consents to such copying and warrants that such copying will not violate the rights of any third-party. The Agency shall have the right to use ideas or adaptations of ideas that are presented in Proposals.

2.21 Release of Claims

By submitting a Proposal, the Respondent agrees that it will not bring any claim or cause of action against the Agency or the State based on Respondent’s misunderstanding concerning the information provided in the RFP or concerning the Agency's or the State’s failure, negligent or otherwise, to provide the Respondent with complete, pertinent, or accurate information in this RFP, or for any failure to provide information that any Respondent might

10/2025 cmc 6 DNR Form 542-0927 consider relevant for purposes of making a decision to submit a Proposal or to enter into any Contract resulting from this RFP.

2.22 Respondent Presentations

Respondents may be required to make a presentation. The determination as to need for presentations, and the location, order, and schedule of the presentations is at the sole discretion of the Agency. The presentation may include slides, graphics and other media selected by the Respondent to illustrate the Respondent’s Proposal. The presentation shall not materially change the information contained in the Proposal.

2.23 Evaluation of Proposals Submitted

Proposals that are timely submitted and are not rejected will be reviewed in accordance with Section 5 of the RFP.

The Agency will not necessarily award a Contract resulting from this RFP to the Respondent offering the lowest cost. Instead, the Agency will award the Contract(s) to the Responsible Respondent(s) whose Responsive Proposal the Agency believes will provide the best value to the Agency and the State.

2.24 Award Notice and Acceptance Period

Notice of Intent to Award the Contract(s) will be sent to all Respondents submitting a timely Proposal and may be posted at the website shown on the RFP cover sheet. Negotiation and execution of the Contract(s) shall be completed no later than thirty (30) days from the date of the Notice of Intent to Award or such other time as designated by the Agency. If the successful Respondent fails to negotiate and deliver an executed Contract by that date, the Agency, in its sole discretion, may cancel the award and award the Contract to the remaining Respondent the Agency believes will provide the best value to the State.

2.25 No Contract Rights until Execution

No Respondent shall acquire any legal or equitable rights regarding the Contract unless and until the Contract has been fully executed by the successful Respondent and the Agency.

2.26 Choice of Law and Forum

This RFP and the Contract shall be governed by the laws of the State of Iowa. Changes in applicable laws and rules may affect the award process or the Contract. Respondents are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought in the appropriate Iowa forum.

2.27 Preference

By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa. Preference application: Tied responses to solicitations, regardless of the type of solicitation, are decided in favor of Iowa products and Iowa-based businesses per 117.6(1)-(2), 117.(13)(4).

2.28 Restrictions on Gifts and Activities

Iowa Code Chapter 68B restricts gifts which may be given or received by State employees and requires certain individuals to disclose information concerning their activities with State government. Respondents are responsible to determine the applicability of this Chapter 68B to their activities and to comply with its requirements. In addition, pursuant to Iowa Code section 722.1, it is a felony offense to bribe or attempt to bribe a public official.

2.29 No Minimum Guaranteed

The Agency does not guarantee any minimum level of purchases under the Contract.

2.30 Post Solicitation Debriefing

A debriefing is available to any Respondent who submitted a proposal in response to this RFP. Respondent shall submit a written request for a debriefing to the Issuing Officer via email or other delivery method. All Respondents will be accorded fair and equal treatment with respect to its opportunity for debriefing. The debriefing shall be scheduled by the Agency as soon as practicable after the receipt of debriefing request.

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2.31 Appeals

A Respondent whose Proposal has been timely filed and who is aggrieved by the Notice of Intent to Award of the Department may appeal the decision by emailing a written notice of appeal (in accordance with 11—Chapter 117.20, Iowa Administrative Code) to the Director of the Department of Administrative Services and copy to the Issuing Officer. The notice must be filed within five (5) days of the date of the Notice of Intent to Award issued by the Department, exclusive of Saturdays, Sundays, and legal state holidays. The written notice may be filed by fax transmission to 515.725.2064 or emailed to the Director. The notice of appeal must clearly and fully identify all issues being contested by reference to the page, section and line number(s) of the RFP and/or the Notice of Intent to Award. A notice of appeal may not stay negotiations with the apparent successful Respondent.

SECTION 3 FORM AND CONTENT OF PROPOSALS

3.1 Instructions

These instructions describe and define the format and content of the Proposal. They are designed to facilitate a uniform review process. Failure to adhere to the Proposal format may result in the rejection of the Proposal.

3.1.1 The Proposal shall be divided into two parts: (1) the Technical Proposal and (2) the Cost Proposal. The

Technical Proposal and the Cost Proposal shall be labeled as such as separate files. The files shall be labeled with the following information:

RFP 26CRDFBKHAWK-0002 - Respondent Name - Technical Proposal RFP 26CRDFBKHAWK-0002 - Respondent Name - Cost Proposal

3.1.2 Files shall be attached to Respondents submission in the State’s IMPACS Electronic Procurement System.

3.1.3 If the Respondent designates any information in its Proposal as confidential pursuant to Section 2, the

Respondent shall also submit public copy Proposal from which confidential information has been excised as provided in Section 2 and which is marked “Public Copy”.

RFP 26CRDFBKHAWK-0002 - Respondent Name - Public Copy

3.1.4 Proposals shall not contain promotional or display materials.

3.1.5 Attachments shall be referenced in the Proposal.

3.1.6 If a Respondent proposes more than one solution to the RFP specifications, each shall be labeled and submitted in a separate Proposal and each will be evaluated separately.

3.2 Technical Proposal

Any information provided in the Technical Proposal is subject to consideration for consideration, evaluation, and scoring. The following documents and responses shall be included in the Technical Proposal in the order given below:

3.2.1 Executive Summary

The Respondent shall prepare an executive summary and overview of the goods and/or services it is offering, including all of the following information:

● Statements that demonstrate that the Respondent has read and understands the terms and conditions of the RFP including the Contract provisions in Section 6.

● An overview of the Respondent’s plans for complying with the specifications of this RFP.

● Any other summary information the Respondent deems to be pertinent.

3.2.2 Firm Proposal Terms

The Respondent shall guarantee in writing the services offered in the Proposal are currently available and that all Proposal terms, including price, will remain firm for the number days indicated on the RFP cover sheet following the deadline for submitting Proposals.

3.2.3 Reserved.

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3.2.4 Experience

The Respondent must provide the following information regarding its experience:

● Number of years in business.

● Number of years of experience with providing the types of services sought by the RFP.

● The level of technical experience in providing the types of services sought by the RFP.

● A list of all services similar to those sought by this RFP that the Respondent has provided to other businesses or governmental entities.

● Letters of reference from three (3) previous or current customers or clients knowledgeable of the

Respondent’s performance in providing services similar to the or services described in this RFP and a contact person and telephone number for each reference.

3.2.5 Reserved.

3.2.6 Reserved.

3.2.7 Acceptance of Terms and Conditions

By submitting a Proposal, Respondent acknowledges its acceptance of the terms and conditions of the RFP and the “DNR Service Special Conditions” and the “DNR Service General Conditions” without change except as otherwise expressly stated in its Proposal. If the Respondent takes exception to a provision, it shall identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or DNR Contract Special and General Conditions language it proposes to include in place of the provision. If Respondent’s exceptions or responses materially alter the RFP, or if the Respondent submits its own terms and conditions or otherwise fails to follow the process described herein, the Agency may reject the Proposal, in its sole discretion. The Bidder must document all exceptions in Attachment 1 of this RFQ.

Bidder has read and agrees to this section: ☐ Yes ☐ No

3.2.8 Mandatory Specifications

The Respondent shall answer whether or not it will comply with each specification in Section 4 of the RFP.

Where the context requires more than a yes or no answer or the specific specifications so indicates, Respondent shall explain how it will comply with the specification. Merely repeating the Section 4 specifications may be considered non-responsive and result in the rejection of the Proposal. Proposals must identify any deviations from the specifications of the RFP or specifications the Respondent cannot satisfy. If the Respondent deviates from or cannot satisfy the specification(s) of this section, the Agency may reject the Proposal.

3.3 Cost Proposal

The Respondent shall provide its Cost Proposal in a separate file for the proposed services. All prices are quoted pursuant to the terms and conditions of this RFP. Respondent’s Cost Proposal shall include an all-inclusive, itemized, total cost in U.S. Dollars (including all travel, expenses, etc. in prices) for the proposed services. Cost proposals shall include the following:

● Provide any one time and recurring costs for services. Recurring costs are to be for a 6-year period to cover initial term and extensions to contract.

● Equipment costs.

● Any other costs associated with proposed services.

● Pricing for optional services.

SECTION 4 SPECIFICATIONS

Overview

The successful Respondent shall provide the services to the State in accordance with the specifications and technical specifications as provided in this Section. The Respondent shall address each specification in this Section

10/2025 cmc 9 DNR Form 542-0927 and indicate whether or not it will comply with the specification. If the context requires more than a yes or no answer or the section specifically indicates, Respondent shall explain how it will comply with the specification.

Proposals shall address each specification. Merely repeating the specifications may be considered non-responsive and may disqualify the Respondent. Proposals shall identify any deviations from the specifications of this RFP or specifications the Respondent cannot satisfy. If the Respondent deviates from or cannot satisfy the specification (s) of this section, the Agency may reject the Proposal.

All items listed in this section are Mandatory Specifications. Respondents shall indicate either “yes” or “no” to each specification in their Proposals and provide an explanation as to how the specification is met. By indicating “yes” a Respondent agrees that it shall comply with that specification throughout the full term of the Contract, if the Respondent is successful. In addition, if specified by the specifications or if the context otherwise requires, the Respondent shall provide references and/or supportive materials to verify the Respondent’s compliance with the specification. The Agency shall have the right to determine whether the supportive information and materials submitted by the Respondent demonstrate that the Respondent will be able to comply with the Mandatory Specifications. If the Agency determines the responses and supportive materials do not demonstrate the Supplier will be able to comply with the Mandatory Specifications, the Agency may reject the Proposal.

4.1 Description of Statement of Work

The successful vendor shall supply and deliver a fully functional aquaculture chiller unit compatible with the existing MUE RAS equipment (see Attachment A) and meeting the specified criteria. Additionally, the vendor will provide expert support to SLFH in developing a detailed installation plan that a third-party contractor can follow to properly install the equipment.

Parameter Specification

Water Source Municipal

System Volume (min) 5,900 liters

System volume (max) 19,250 liters

Average Makeup Water 0.5-4 liters per minute (lpm)

Typical Makeup Rate 1-2 lpm

Filling flow rate 30-60 lpm

Operational flow (min) 30 lpm

Operational flow (max) 380 lpm

Range of operational temperature recorded w/out temperature manipulation (June - September)

72-79F

Chiller Criteria:

Temperature Control: The unit must be capable of chilling the system to 72F with minimal fluctuation when water temperature rises above that (see Attachment A. for 2025 operational temp data).

Cooldown Capability: The unit must be capable of chilling the system to 45oF over a one to two-week period in

October and March.

Safety & Monitoring: Include requirements for a digital temperature controller and a flow switch to prevent dry-run damage.

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Flow Compatibility: The chiller must operate within the system's flow parameters: 30 lpm minimum and 380 lpm maximum.

4.2 Statement of Work Deliverables

Statement of Work. Contractor must perform the following Tasks by the Task Milestone Dates set out in the following table:

Deliverable Task Milestone Date

Task 1: System Audit & Equipment Specification. Collaborate with SLFH staff to audit the existing Musky RAS infrastructure and confirm the selection of a commercial-grade chiller unit.

March 1, 2026

Task 2: Engineering & Integration Design. Submit detailed plumbing and electrical engineering plans for the seamless integration of the chiller.

March 30, 2026

Task 3: Equipment Delivery. Deliver the specified chiller unit and all necessary secondary components to the Spirit Lake Fish Hatchery.

Spirit Lake Fish Hatchery 122 252nd Ave Spirit Lake, IA 51360

March 30, 2026

Task 4: Installation Oversight & Training Manual. Provide expert technical guidance and design-level oversight to the third-party installation contractor. Conduct training for SLFH staff on system operation, digital controller programming, and routine maintenance.

Provide an operational manual for the system.

March 30, 2026 - June 15, Task 5: First-Season Operational Expertise & October Cooldown. Provide ongoing specialized support and troubleshooting for the first full production season. This includes on-call guidance and expertise specifically to ensure the system successfully manages the intensive cooldown to 45oF during the month of October.

March 30, 2026 - October 15, 2026

Task 6: Warranty & Technical Support. Provide comprehensive warranty coverage information for parts and labor as specified in the proposal.

March 15, 2026

SECTION 5 EVALUATION AND SELECTION

5.1 Introduction

This section describes the evaluation process that will be used to determine which Proposal(s) provides the greatest value to the State. Agency will not necessarily award the Contract to the Respondent offering the lowest cost to the Agency. Instead, the Agency will award to the Respondent whose Responsive Proposal the Agency believes will provide the best value to the State.

5.2 Evaluation Committee

The Agency will use an evaluation committee to conduct a comprehensive, fair, and impartial evaluation of Technical Proposals received in response to this RFP. The evaluation committee will recommend an award based on the results of their evaluation to the Agency or to another person or entity that must approve the recommendation.

5.3 Technical Proposal Evaluation and Scoring

All Technical Proposals will be evaluated to determine if they comply with the Mandatory Specifications. The evaluation committee will fully evaluate and score all Responsive Proposals submitted by Responsible Respondents

10/2025 cmc 11 DNR Form 542-0927 in accordance with this Section. In addition to other RFP requirements, to be deemed a Responsive Proposal, the Technical Proposal must:

● Answer “Yes” to all parts of Section 4 and include supportive materials as required to demonstrate the

Respondent will be able to comply with the Mandatory Specifications in that section and

● Obtain the minimum score for the Technical Proposal. If a Technical Proposal does not meet the minimum score, it will be rejected and the Respondent’s Cost Proposal will not be evaluated.

Evaluation Criteria. Evaluation of proposals will be based on the following criteria, which are not listed in any particular order of importance. Criterion: (Possible 100 Points). Respondents scoring below 90 total points from technical proposal evaluation criteria excluding Cost Proposal evaluation criteria 5.3.1 will not be considered eligible to be awarded this contract or complete the Cost Proposal evaluation.

5.3.1 Cost. (20 Points)

5.3.2 Respondent’s professional experience, performance record, and letter(s) of reference. (15 Points)

5.3.3 The capacity of the Respondent and Project Team to complete responsibilities described in the

Statement of Work. (20 Points)

5.3.4 Respondent’s work plan to complete responsibilities described in the Statement of Work. (20 Points)

5.3.5 Respondent’s actual examples provided to the DNR with Proposal of Respondents previous or current work from customers or clients similar to the goods and/services sought in the Statement of Work. (25 Points)

5.4 Cost Proposal Scoring

After the Technical Proposals are evaluated and scored, the Cost Proposals will be opened and scored.

The Cost Proposals will remain sealed during the evaluation of the Technical Proposals and any demonstrations.

Only prospective Respondents who obtain the minimum score for their Technical Proposal will be considered during the cost evaluation phase of the review process. When a Technical Proposal does not meet the minimum score, the associated Cost Proposal will remain unopened and will be returned to the Respondents upon request after the Agency issues a Notice of Intent to Award the Contract. After the Technical Proposals are evaluated and scored, the Cost Proposals will be opened and scored.

To assist the Agency in evaluating, Cost Proposals may be evaluated and points awarded as follows:

1) The Cost Proposals will be ranked from least to most expensive.

2) The least expensive Cost Proposal shall receive the maximum number of points available.

3) To determine the number of points to be awarded to all other Cost Proposals, the least expensive Cost

Proposal will be used in all cases as the numerator. Each of the other Cost Proposals will be used as the denominator per the example below.

4) The percentage will then be multiplied by the maximum number of available points and the resulting number will be the cost points awarded to other compliant Respondents. Percentages and points will be rounded to the nearest whole value.

Example:

Respondent A quotes $35,000; Respondent B quotes $45,000 and Respondent C quotes $65,000.

Respondent A: $35,000 = receives 100% of available points on cost.

$35,000

Respondent B: $35,000 = receives 78% of available points on cost.

$45,000

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Respondent C: $35,000 = receives 54% of available points on cost.

$65,000

5.5 Tied Score and Preferences

5.5.1 An award shall be determined by a drawing when responses are received that are equal in all respects and tied in price. Whenever it is practical to do so, the drawing will be held in the presence of the Respondents who are tied in price. Otherwise the drawing will be made in front of at least three non-interested parties.

All drawings shall be documented.

5.5.2 Notwithstanding the foregoing, if a tied score involves an Iowa-based Respondent or products produced within the State of Iowa and a Respondent based or products produced outside the State of Iowa, the Iowa Respondent will receive preference. If a tied score involves one or more Iowa Respondents and one or more Respondents outside the state of Iowa, a drawing will be held among the Iowa Respondents only.

5.5.3 In the event of a tied score between Iowa Respondents, the Agency shall contact the Iowa Employer Support of the Guard and Reserve (ESGR) committee for confirmation and verification as to whether the Respondents have complied with ESGR standards. Preference, in the case of a tied score, shall be given to Iowa Respondents complying with ESGR standards.

5.5.4 Second preference in tied scores will be given to Respondents based in the United States or products produced in the United States over Respondents based or products produced outside the United States.

5.5.5 Preferences required by applicable statute or rule shall also be applied, where appropriate.

SECTION 6 DNR CONTRACT SPECIAL AND GENERAL CONDITIONS

6.1 Contract Terms and Conditions

The Contract that the Agency expects to award as a result of this RFP shall comprise the specifications, terms and conditions of the RFP, written clarifications or changes made by the Agency to the RFP through an amendment to the RFP in accordance with the provisions of the RFP, the DNR Service Contract Special and General Conditions as referenced on the RFP cover page , the offer of the successful Respondent contained in its Proposal, and any other terms deemed necessary by the Agency. No objection or amendment by a Respondent to the provisions or terms and conditions of the RFP or the DNR Service Contract Special and General Conditions shall be incorporated into the Contract unless Agency has explicitly accepted the Respondent’s objection or amendment in writing.

The Contract terms and conditions in this Section 6, the DNR Service Contract Special and General Conditions to the extent referenced and linked to on the RFP cover page, and any Contract Conditions attached to and accompanying this RFP as an attachment hereto, will be incorporated into the Contract. The Conditions may be supplemented at the time of contract execution and are provided to enable Respondents to better evaluate the costs associated with the RFP specifications and the Contract. All costs associated with complying with such DNR Service Contract Special and General Conditions should be included in any pricing quoted by the Respondent.

By submitting a Proposal, Respondent acknowledges its acceptance of the terms and conditions of the RFP and the DNR Service Contract Special and General Conditions without change except as otherwise expressly stated in its Proposal. If the Respondent takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or DNR Service Contract Special and General Conditions language it proposes to include in place of the provision. If Respondent’s exceptions or proposed responses materially alter the RFP, or if the Respondent submits its own contract terms and conditions or otherwise fails to follow the process described herein, the Agency may reject the Proposal, in its sole discretion.

The Agency will evaluate all Proposals without regard to any proposed modifications to any terms and conditions of the RFP or DNR Service Contract Special and General Conditions by Contractor. Once a Proposal has been identified as the one for which an Award recommendation has been made, but prior to notifying Respondents of the decision, the Agency, in its sole discretion, may consider any proposed modifications to the terms and conditions of the RFP or DNR Service Contract Special and General Conditions identified in that Proposal. The

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Agency reserves the right to either award a Contract(s) without further negotiation with the successful Respondent or to negotiate Contract terms with the successful Respondent if the best interests of the State would be served.

As such, if any proposed modifications are not determined to be in the best interests of the State, or appear to pose a substantial impediment to reaching agreement, the Agency may, in its sole discretion:

6.1.1 Issue a Notice of Intent to Award in favor of the successful Respondent, but decline to agree to or further negotiate any proposed modifications to terms and conditions identified by the Respondent in its Proposal;

6.1.2 Issue a Notice of Intent to Award in favor of the successful Respondent, and identify in the Notice proposed modifications to terms and conditions identified by the Respondent in its Proposal with which the agency will or will not agree or further negotiate;

6.1.3 Enter open-ended negotiations with the successful Respondent; provided, that any such negotiations shall be limited to the proposed modifications to terms and conditions identified by Respondent in its Proposal;

6.1.4 Change the Agency’s recommendation for Award and issue a Notice of Intent to Award to a Respondent whose proposal does not pose as great of a challenge to the Agency.

Any ambiguity, vagueness, inconsistency or conflict, either internal to such modification(s) or arising when read in conjunction with other portions of the Contract, shall be construed strictly in favor of the State. Only those proposed modifications identified in the Notice of Intent to Award issued by the Agency as terms and conditions with which the Agency will or will not agree or further negotiate shall be part of the Contract, and the State may ignore all proposed modifications, accept one or more and ignore others, accept all or, through negotiations after an award, agree to compromise language concerning one or more proposed modifications to be incorporated into a final Contract between the parties. By executing and submitting its Proposal in response to this RFP, Respondent understands and agrees that the State may exercise its discretion not to consider any or all proposed modifications Respondent may request and may accept Respondent’s proposal under the terms and conditions of this RFP and the DNR Service Contract Special and General Conditions.

6.2 DNR Service Contract Special and General Conditions - No Material Changes/Non-Negotiable

Notwithstanding anything in this RFP to the contrary, Respondent may not take exception to or propose including language in any resulting contract that conflicts with or is otherwise inconsistent with the following:

6.2.1 Indemnification

Without specific authority to do so, the State, or agencies, cannot enter into agreements indemnifying Respondents, or any other entity, against third-party claims. A clause that intends to seek indemnification from the State, whether or not the clause contains the words “indemnity” or “indemnify,” is not a clause to which the State may agree. The State will not agree to clause that includes the language “to the extent permitted by law” because, as explained, the State cannot indemnify Respondents to any extent.

6.2.2 Limitation of Liability

Iowa Code section 8A.311(22) and 11 Iowa Admin. Code Chapter 120 establish the rules to allow for the State to agree to a contractual limitation of vendor liability clause in limited circumstances. Any request by Respondent for the State to limit damages not in accordance with Iowa law or administrative rules is a request with which the State cannot agree.

6.2.3 Jurisdiction and Venue

Iowa Code chapter 13 establishes that the Iowa Attorney General is the State’s attorney for all purposes, including management of litigation and claims against the state. The State may not preempt the Attorney General’s authority by agreeing in advance to control the way litigation may be managed in the event of a dispute. Likewise, the State cannot agree to the jurisdiction or laws of another state or its courts, cannot agree to venue in another state, and cannot agree to participate in any form of alternative dispute resolution.

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6.2.4 Confidentiality

All Iowa state agencies are subject to Iowa public records laws. The State cannot agree to contractual terms that attempt to prevent it from disclosing or disseminating records that constitute public records under Iowa Code chapter 22.

6.2.5 Unliquidated Expenses (i.e., Attorney Fees, Add-ons, or Cost Increases)

The State may not agree to clauses which may obligate it to pay for claims that might exceed its current funding appropriation. The State may only obligate those funds that have been appropriated to it by the Iowa Legislative Assembly and may only obligate those funds for the purposes for which the funds were appropriated

6.2.6 Term Length

The Contract shall have an initial term beginning on the date of contract execution (the “Start Date”).

However, the shall not begin until the Contract Start has occurred or the Contract has been signed by both parties, whichever is later. At the end of the Contract’s initial term, the Agency shall have the option, in its sole discretion, to renew the Contract on the same conditions, not to exceed a total Contract term of six

(6) years from the Start of the Original Contract by executing a signed Amendment prior to the expiration of the Contract.

6.2.7 Payment Terms

6.2.7.1 Payment Methods

The State of Iowa, in its sole discretion, will determine the method of payment for services as part of the Contract. This information will not be scored as part of the Cost Proposal or evaluated as part the Technical Proposal.

6.2.7.2 Electronic Funds Transfer (EFT) by Automated Clearing House (ACH)

The State of Iowa may make payment by EFT by ACH. Payments are deposited into the financial institution of the claimant's choice three working days from the issue date of the direct deposit.

https://das.iowa.gov/sites/default/files/acct_sae/man_for…