8-RFP Overview.docx

RFP OVERVIEW

CONCESSION OPERATIONS AT WILLARD BAY STATE PARK

REQUEST FOR PROPOSALS - FALL 2026

1. PURPOSE OF THE RFP

1.1 Intent of the Procurement

The purpose of this Request for Proposals (RFP) is to solicit proposals from highly qualified vendors to enter into a Concession Contract for the management and operation of commercial recreational services at Willard Bay State Park. The selected Concessionaire will be responsible for delivering a safe, high-efficiency, family-focused recreational operation consisting strictly of a fleet of motorized watercraft rentals and an inflatable Aqua Park.

Core services under this contract are strictly defined as:

· Motorized Watercraft Operations: Turnkey management and rental of a modern motorized fleet, including personal watercraft (PWCs) and family powerboats or pontoons, supported by an advanced online booking platform, on-site guest check-in staff, and mandatory boater safety orientations.

· Inflatable Aqua Park Operations: Turnkey installation, daily management, certified lifeguarding, and timed-entry session management for public access and private group events.

To respect the Division’s operational model, non-motorized watercraft rentals (such as kayaks, canoes, and paddleboards) and retail concession sales are explicitly excluded from this contract and retained as park-managed services.

The Division seeks an operator with demonstrated expertise in motorized watercraft safety, high-turnover logistics, and aquatic attraction management to deliver a focused, top-tier concession operation that complements existing State Parks facilities.

1.2 The "Best Value" Standard

In accordance with Utah Code § 63G-6a-707, this RFP will be evaluated based on the "Best Value" to the State. This means the contract will be awarded to the responsive and responsible Offeror whose proposal is determined to be the most advantageous to the Division, taking into consideration the evaluation criteria set forth in this document. The "Best Value" determination will weigh multiple factors including operational expertise, quality of recreational equipment, customer experience, and robust safety protocols rather than focusing solely on the highest concession fee offered.

1.3 Vision for the Concession

The Division’s vision for Willard Bay State Park is the establishment of a dynamic, safe, and family-focused waterfront attraction that maximizes public access and visitor satisfaction. The Division seeks a Concessionaire who will deliver an exceptional recreational experience through:

· Equipment Excellence and Fleet Modernization: Maintaining a modern, late-model fleet of motorized watercraft and a state-of-the-art inflatable Aqua Park that meets or exceeds all industry safety and aesthetic standards.

· Operational and Safety Excellence: Delivering seamless guest service through a modern online booking platform supported by attentive on-site staff, minimizing boat ramp congestion, and enforcing rigorous aquatic safety and watercraft orientation protocols.

· Park Steward Partnership: Operating in close alignment with State Parks staff to manage water-zone safety, respect wildlife habitats, and maintain a clean, highly presentable commercial footprint at the waterfront.

· Accessible Family Recreation: Maximizing waterfront capacity during peak summer months by offering efficient, high-turnover rental options.

2. BACKGROUND OF AGENCY

2.1 The Division of State Parks

The State of Utah Division of State Parks (the "Division") manages 46 state parks that provide a wide range of recreational, educational, and outdoor experiences. These parks support diverse activities including boating, camping, hiking, and water-based recreation. To effectively meet visitor demand and enhance the quality of services, the Division utilizes Concession Contracts to authorize qualified private entities to conduct Commercial Activity within park boundaries. These Concessionaires play a critical role in supporting park operations by providing specialized services and maintaining facilities in a first-class manner. Additional information regarding the Division’s Concessions Program can be found at: https://stateparks.utah.gov/resources/concessions-program/

2.2 Willard Bay State Park Profile

Willard Bay State Park is one of the Division's most heavily visited units and serves as a premier destination for water-based recreation along the northern Wasatch Front. Centered around a 9,900-acre freshwater reservoir located on the floodplains of the Great Salt Lake, the park offers extensive opportunities for boating, motorized water sports, and family day-use activities.

The reservoir was created by the Arthur V. Watkins Dam as part of the Weber Basin Project, engineered and built by the U.S. Bureau of Reclamation (BOR). The reservoir is operated by the Weber Basin Water Conservancy District, with recreational activities administered by the Division under a cooperative management agreement. Consequently, commercial concession operations must remain compliant with state operational standards and subordinate to underlying federal project purposes.

Featuring two primary access points at the North Marina and South Marina, the park provides state-of-the-art day-use facilities, modern launch ramps, and high-density visitor traffic. Proximity to Interstate 15 and major urban centers drives continuous summer visitation, creating a robust demand for professional concession services.

2.3 Historical Concession Performance and Park Visitation

As one of the top 10 most-visited state parks in Utah, Willard Bay attracts over half a million visitors annually. The following table reflects calendar-year park visitation alongside historical gross concession revenues reported to the Division for commercial operations at Willard Bay State Park:

*2025 and 2026 revenue and visitation were impacted by temporary reservoir drawdowns for Bureau of Reclamation (BOR) siphon infrastructure repairs. The 2026 gross revenue figure represents the complete operating season through concession closure in September. Visitation data reflects gate traffic recorded through June 30th.

Itemized Breakdown Notice: Under prior concession agreements, gross revenues were reported to the Division as aggregate monthly receipts and were not categorized by individual operational lines (such as watercraft rentals, retail operations, or the Aqua Park). The Division does not maintain itemized accounting breakdowns for private vendor operations. All figures provided represent total reported gross revenue and are provided solely for general reference.

Consolidated Operations Note: Under prior operations, the concessionaire was charged a gross revenue percentage as well as an annual fee. Under this solicitation and resulting contract, the concessionaire will be charged a baseline percentage of gross receipts, with a minimum requirement of 13%.

2.4 Current Recreation Trends

Utah continues to experience significant growth in outdoor recreation, with Willard Bay State Park serving as a primary aquatic recreation hub for northern Utah.

· Regional Demographics and Population Growth: Driven by expanding populations in Weber and Box Elder counties, the primary regional market now exceeds 340,000 residents. With median household incomes in the primary feeder market reaching $90,000, local families have both the financial capacity and the demand for high-quality outdoor recreation options.

· High-Volume Family Recreation: The demand for accessible, family-oriented water activities has surged. Inflatable aqua parks have emerged as a premier attraction for large family groups, youth organizations, and summer camps seeking structured, safe water play.

· Increased Safety and Mandatory Boater Education: State requirements for mandatory watercraft operator education have elevated the need for professional rental operations. Guests increasingly expect clear orientations, certified staff, and seamless safety enforcement when operating high-performance motorized watercraft.

· Demand for Modern Motorized Fleets: Visitors expect late-model, highly reliable personal watercraft and multi-passenger pontoon or patio craft that accommodate large groups while ensuring operational efficiency during peak weekend rushes.

3. RFP POSTING PERIOD

3.1 Solicitation Timeline

To ensure efficient commercial planning for the upcoming recreation season, this Request for Proposals will remain open for a period of 30 calendar days. This focused timeline provides qualified Offerors sufficient opportunity to review park site conditions, inspect launch areas, and prepare a targeted proposal that aligns with the Division’s operational and safety standards for motorized watercraft and Aqua Park management.

3.2 Key Dates and Deadlines

The RFP should close two weeks post mandatory site visit and allow online Q&A up to one week after the mandatory site visit.

4. DESIRED LENGTH OF CONTRACT

4.1 Contract Term

The Division intends to enter into a Concession Contract that balances operational stability with state oversight, ensuring high-quality motorized vessel rentals and Aqua Park operations. The term of this Concession Contract shall be structured as follows:

· Base Term: Five (5) years commencing on the effective date of the contract.

· Renewal Option: One (1) five (5) year renewal option, which may be exercised upon the mutual written agreement of both the Division and the Concessionaire.

· Total Potential Term: Ten (10) years.

Federal Project Subordination: The Concessionaire acknowledges that Willard Bay State Park is located on federal reclamation lands managed by the Division through a cooperative agreement with the United States Bureau of Reclamation (BOR). This Concession Contract and any extension thereof shall remain subject to, and subordinate to, the terms and conditions of the master agreement between the Division and the BOR.

Consequently, the execution of any and all renewal options under this Contract is strictly subordinate to, and contingent upon, the active existence, successful renewal, or mutual amendment of the master management agreement between the Division and the BOR. If the master federal agreement is terminated, restricted, or not renewed by the BOR, any remaining unexecuted renewal options under this Contract shall be rendered null and void, and the Division shall assume zero liability for damages, loss of business, or unamortized capital assets.

4.2 Service Exclusivity (Non-Compete Assurance)

To ensure the operational viability of the concession and the amortization of capital investments, the Division provides a Non-Compete Assurance. During the term of this contract, the Division will not authorize any other third-party vendor to provide the same primary "Required Concession Services" within the designated Concession Service Areas.

This assurance is strictly subject to the following conditions:

· Commercial Scope: Exclusivity applies only to the commercial operation of motorized watercraft rentals (including personal watercraft and powerboats) and the operation of an inflatable Aqua Park as defined in the Scope of Work. This exclusivity explicitly does not apply to non-motorized watercraft rentals or retail store sales, which are retained and operated by the Division.

· Reservation of Division Permit Rights: This assurance does not grant exclusive rights to any future, secondary, or unlisted commercial activities not expressly mandated in the Scope of Work. The Division retains the unrestricted right to issue commercial permits, special use authorizations, or separate contracts to third-party vendors for new or distinct recreational services, events, mobile vending, or pop-up concessions within the park.

· No Right of First Refusal: Nothing in this Contract shall be construed as granting the Concessionaire a right of first refusal, exclusive negotiation right, or automatic privilege regarding future commercial opportunities, expanded service scopes, or secondary commercial permits not expressly written into this contract.

· Land Use Rights: This assurance does not grant any exclusivity regarding the use of real property. The Division and the Bureau of Reclamation (BOR) retain all rights to manage the land and reservoir, including the right to grant easements, rights-of-way, or other land-use permits that do not directly conflict with the required commercial services.

· Pre-existing Interests: This contract is subject to all existing leases, easements, and water rights currently in effect at Willard Bay State Park.

4.3 Transition of Services

To ensure the continuous and uninterrupted delivery of services to the public, the Concessionaire shall cooperate fully with the Division during any transition period. This obligation applies regardless of whether the Division elects to manage operations internally or award a new contract to a Successor Concessionaire at the conclusion or termination of this contract term.

· Successor Handover: If a different entity is selected through a future competitive solicitation, the outgoing Concessionaire shall facilitate a professional, timely handover of all assigned facilities, land staging areas, operational data, and park-owned improvements. The outgoing Concessionaire shall not interfere with the Successor’s efforts to inspect facilities, acquire permits, or establish operations.

· Final Inspection and Repairs: The Division will conduct a comprehensive facility and grounds inspection prior to contract expiration. Any damages, unauthorized modifications, or maintenance deficiencies identified must be corrected by the outgoing Concessionaire at their sole expense to restore the premises to a first-class operational condition.

· Removal of Vendor-Owned Assets: Upon contract conclusion, the outgoing Concessionaire shall promptly remove all vendor-owned equipment, motorized vessels, and floating Aqua Park infrastructure (including anchoring systems) within a timeline specified by the Division, restoring the shore and water zones to clean public use.

· Interim Operations: During any transitional phase, the outgoing Concessionaire is required to maintain full, unreduced service levels, online booking availability, and staffing until the final hour of the contract term to ensure no lapse in public safety or customer service.

4.4 Temporary Commercial Infrastructure and Mobile Kiosks

To maintain operational flexibility, protect park lands, and avoid permanent real-property obligations, all vendor-provided check-in kiosks, administrative offices, equipment storage shacks, and ticket booths shall be strictly temporary, mobile, and non-permanent in nature.

This requirement is strictly subject to the following standards:

· Mobile and Temporary Design: Any on-site operational shack, rental office, or ticket booth must be a self-contained, mobile, or modular unit (such as a towable trailer or skid-mounted booth) that can be easily positioned and removed without disturbing park ground or asphalt.

· Prohibition of Permanent Construction: The Concessionaire shall not construct permanent buildings, pour concrete footings or slabs, or erect fixed real-property structures on park property. No improvements under this contract shall trigger Utah Division of Facilities Construction and Management (DFCM) capital development processes or be classified as state-owned real-property fixtures.

· Utilities and Self-Containment: Temporary structures must be fully self-contained or utilize temporary, quick-disconnect utility hookups approved by Park Management.

· Aesthetic and Maintenance Standards: All mobile shacks and kiosks must present a clean, professional, and well-maintained appearance that complements state park facilities. Signage must adhere to Division branding guidelines and receive prior approval from Park Management.

· Mandatory End-of-Term Removal: Upon the expiration, non-renewal, or termination of this Contract, the Concessionaire shall remove all mobile shacks, kiosks, and temporary staging assets within thirty (30) calendar days, restoring the site to its pre-operational condition at the Concessionaire's sole expense.

5. MANDATORY SITE VISIT

In accordance with Utah Administrative Code R33-1-13, a mandatory site visit will be held for this solicitation. Attendance is required to ensure all Offerors understand the site-specific operational footprint and access routes.

· Requirement: All Offerors wishing to submit a proposal must have an authorized representative attend the site visit in its entirety and sign the official attendance sheet.

· Consequence of Non-Attendance: Pursuant to Utah Code § 63G-6a-703, any proposal submitted by an Offeror who did not formally attend the mandatory site visit will be deemed non-responsive and will be disqualified without further evaluation.

· Date and Time: Tuesday, November 17, 2026 @ 10:00 a.m.

· Location: Willard Bay State Park, 900 W 650 N, Willard, UT 84340. See the attachment Willard Bay Site Visit Location Map Per Utah Procurement Rule R33-101-13 Pre-Bid Conferences and Site Visits. Mandatory site visits must be attended in person by an authorized representative of the person or vendor submitting a bid. The meeting will begin promptly at the specified time. Any prospective bidders who arrive ANY time after the posted start time will not be allowed to continue with the site visit nor submit a bid. Failure to attend the site visit shall result in the disqualification of any vendor who does not have an authorized representative to attend the entire duration of the mandatory site visit. Please do not take calls/texts during the site visit. Phones may be used to take pictures. All discussions not related to the site visit must be done after the site visit to avoid disturbing attendees. An attendance log will be maintained including the name of each attendee, the entity the attendee is representing, and the attendee’s contact information, minutes of the site visit, and copies of any documents distributed by the conducting procurement unit to the attendees and shall be published as an addendum to the solicitation. Any verbal modifications made to any of the solicitation documents during the mandatory site visit shall be reduced to writing and will be published as an addendum to the solicitation.

6. ADMINISTRATIVE INQUIRIES

6.1 Sole Point of Contact

From the issuance date of this RFP until an award is formally announced, the sole point of contact for this procurement is the assigned Purchasing Agent via the Utah Public Procurement Place (U3P). Offerors shall not contact other Division employees, state park staff, or Park Management regarding this RFP. Unauthorized contact with state personnel regarding this procurement may result in proposal disqualification.

No proposals will be delivered to any State Parks personnel, or the Vendor will be considered non-responsive. All Questions MUST be posted in the Q&A section of the RFP. All responses (proposals) MUST be submitted electronically in U3P.

6.2 Question and Answer Period

All questions, requests for clarification, or inquiries regarding the RFP specifications must be submitted electronically through the U3P portal.

· Submission Deadline: The Q&A period will close seven (7) calendar days following the mandatory site visit.

· Official Addenda: Answers, clarifications, or formal contract modifications will be issued as official addenda on U3P. It is the sole responsibility of each Offeror to monitor U3P for updates prior to submitting their proposal.

7. CONTRACTUAL TERMS & CONDITIONS

7.1 State of Utah Standard Terms and Conditions (Attachment A) The contract resulting from this RFP will be subject to the State of Utah Standard Terms and Conditions for Services. These are the general legal requirements for any entity doing business with the State.

7.2 Division Concession Standard Terms and Conditions (Attachment B) In addition to the general state terms, the Concessionaire must adhere to the Division of State Parks Concession Standard Terms and Conditions. This document outlines specific requirements regarding park safety, resource protection, "first-class" maintenance standards, and the Division's right to manage park land and easements.

7.3 Exceptions to Terms and Conditions

Pursuant to Utah Admin Code R33-7-104, any Offeror who takes exception to the terms in either Attachment A or Attachment B must submit a specific, redlined version of the terms with their proposal. The Division reserves the right to reject proposals with excessive exceptions that conflict with the best interests of the State or Utah Procurement Code.

7.4 Price Guarantee Period

All concession fees (revenue share percentages) paid to the Division must remain firm for the duration of the contract term and any subsequent renewals. In the event of extreme, extraordinary, or unforeseen circumstances, the Concessionaire may submit a good-faith request for a temporary hardship adjustment. Any temporary fee modifications or relief structures shall be determined by the mutual agreement of the Division and the Concessionaire and must be formally executed via a written contract amendment signed by both parties.

7.5 Annual Rate Approval and Public Access Protection

· Annual Rate Review and Approval: On or before March 1st of each calendar year, the Concessionaire must submit a complete, itemized schedule of all proposed user-facing rates, fees, and service charges to the Park Manager for review. This schedule shall be formally discussed and finalized during the mandatory annual pre-season concession conference. No rate, fee, or rental price shall be charged to the public without the prior written approval of the Division.

· Comparable Market Standard: To prevent public price-gouging while ensuring commercial viability, all approved rates must be fair, reasonable, and comparable to average prices charged by similar commercial marina operations within the Intermountain West region. The Concessionaire shall provide documented market comparisons to justify any proposed rate increases exceeding the annual Consumer Price Index (CPI) adjustment.

8. INSURANCE REQUIREMENTS

The successful Concessionaire shall provide proof of commercial insurance meeting the State’s standards prior to contract execution. Due to the inherent risks associated with high-volume motorized rentals and floating inflatable structures, strict adherence to these liability limits and compliance mandates is required.

· General Liability Limits: Because the operation of an inflatable Aqua Park is a mandatory core requirement of this contract, the Concessionaire must maintain elevated minimum limits of $2,000,000.00 per occurrence / $4,000,000.00 aggregate.

· Worker’s Compensation: Statutory limits as required by Utah law for all on-site employees and lifeguards.

· Marine Liability (Protection and Indemnity): Required for all commercial motorized vessel operations and rental fleets.

· No State Indemnity for Inflatables: The Concessionaire explicitly acknowledges that the State of Utah Risk Management fund excludes coverage for recreational water inflatables. The Concessionaire's commercial policy must act as the primary defense and coverage provider for any and all claims originating from the Aqua Park footprint or motorized rental fleet.

· Additional Insureds: The commercial policies must explicitly name the "State of Utah, Division of State Parks" AND the "Bureau of Reclamation" as additional insureds.

· Mandatory Liability Waivers: The Concessionaire must require all motorized rental and Aqua Park customers to execute a rental agreement and liability release prior to participating in activities or taking control of equipment. This waiver must explicitly name and release both the Division of State Parks and the Bureau of Reclamation from all liability. All waiver forms must receive prior written approval from the Division before implementation.

· Livery License and Permits: In accordance with Utah Code § 73-18-15.2, the Concessionaire must obtain and maintain a valid Utah Livery Permit for all vessel rental operations. The Concessionaire is responsible for ensuring all rental customers meet state-mandated education requirements. The Concessionaire must maintain all livery vessel records and safety equipment in strict compliance with Utah Division of Outdoor Recreation standards.

9. MANDATORY MINIMUMS AND TECHNICAL CRITERIA

Please see Attachment E Mandatory Minimums and Technical Criteria