CP-RFP-0265-2023 - Concession Operations.pdf

REQUEST FOR PROPOSAL

RFP COVER SHEET

Administrative Information

RFP Number CP-RFP-0265-2023 Title of RFP Concessionaire Operations

Agency Iowa Department of Administrative Services (DAS) General Description: The State of Iowa Department of Administrative Services (DAS) is seeking concessionaire(s) to operate within the Honey Creek Resort at Rathbun Lake. The concessions include the resort/marina operations and/or golf course operations. Respondents can propose to operate one or both concessions.

Number of years of the initial term of the contract 3 Number of possible annual extensions 3 State Issuing Officer:

Karl Wendt Phone: 515-707-4304 E-mail: karl.wendt@iowa.gov

PROCUREMENT TIMETABLE—Event or Action Date/Time (Central Time) State Posts Notice of RFP on TSB website December 10, 2022 State Issues RFP December 15, 2022 RFP written questions, requests for clarification, and suggested changes from Respondents due

December 20, 2022

2:00 PM

Pre-Proposal Conference/Site Visit Location and Address:

Honey Creek Resort (Meet in the main lodge. Enter through front door) 12633 Resort Drive Moravia, IA 52571 Is Pre-Proposal Conference mandatory? No

December 21, 2022

10:00 AM

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

December 27, 2022

2:00 PM

Proposals Due January 4, 2023

3:00 PM

Relevant Websites Internet website where Addenda to this RFP will be posted:

http://bidopportunities.iowa.gov and IMPACS Electronic Procurement System.

Internet website where contract terms and conditions are posted https://das.iowa.gov/sites/default/files/procurement/pdf/050116%20terms%20services.pdf 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.

http://bidopportunities.iowa.gov/ https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa https://das.iowa.gov/sites/default/files/procurement/pdf/050116%20terms%20services.pdf

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.

“General Terms and Conditions” means the General Terms and Conditions for Services 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 goods or 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 submission of a comprehensive Proposal.

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 evaluation and selection criteria provided in this RFP.

1.4 Objective

The State of Iowa is initiating an RFP process to request proposals for concessionaire services to enhance Honey Creek Resort’s overall operations. Through this process, the State will evaluate submitted proposals to determine the best value for the State.

1.5 Purpose

The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified service providers to provide concessionaire services at Honey Creek Resort State Park (“Honey Creek Resort”) located on Rathbun Lake. The Iowa Department of Administrative Services (“Agency” or “DAS”) is soliciting for these proposals and will enter into an agreement pursuant to the authority provided in Iowa Code sections 28E.3 and 461A.4(2). The Agency intends to award a three-year contract with three possible additional annual renewals, upon approval.

1.6 Background Information

Honey Creek Resort State Park is a premier destination State park located along the north shore of Rathbun Lake, adjacent to Honey Creek State Park.

The resort includes a 105-room lodge; conference center; full service-restaurant and catering service; indoor water park; 28 cottages, ranging from one-bedroom to four-bedrooms each; RV park; boat ramp; beach; marina; large pavilion; playground; paved and soft trails; activities building; and an 18-hole golf course and pro shop. The Resort is subject to a lease from the United States Army Corps of Engineers because portions of the site are located on land owned by the United States Government.

Additional information about Honey Creek can be found in Exhibit A.

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 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 http://bidopportunities.iowa.gov/ and 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 clarifications 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 writing and received by the Issuing Officer on or before the date and time listed on the RFP cover sheet. 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. The Agency’s written responses will become an addendum to the RFP. If the Agency decides to adopt a suggestion that modifies the RFP, the Agency will issue an addendum to the

RFP.

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 Pre-Proposal Conference

If the RFP cover sheet indicates a pre-proposal conference will be held in conjunction with this RFP, it will be held at the date, time, and location listed on the RFP cover sheet. The purpose of the pre-proposal conference is to discuss with prospective Respondents the work to be performed and allow prospective Respondents an opportunity to ask questions regarding the RFP. Oral discussions at the pre-proposal conference shall not be considered part of the RFP unless confirmed in writing by the Agency and incorporated into this RFP. The conference may be recorded. Questions asked at the conference that cannot be adequately answered during the conference may be deferred. A copy of the questions and answers will be sent to Respondents who submit a letter of intent to propose and will be posted in the form of an addendum at:

http://bidopportunities.iowa.gov/ and IMPACS Electronic Procurement System.

2.7 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.

2.8 Amendment and Withdrawal of Proposal

The Respondent may amend or withdraw and resubmit its Proposal at any time before the Proposals are due. The amendment must be in writing, signed by the Respondent and received by the time set for the receipt of Proposals. 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.

2.9 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.

2.10 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.

2.11 Costs of Preparing the Proposal

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

2.12 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.

2.13 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.

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

2.13.11 The Respondent provides misleading or inaccurate responses.

2.13.12 The 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.

2.13.13 There 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.

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

2.14 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.

2.15 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.

2.16 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.

2.17 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.

2.18 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 goods and/or 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 goods and/or 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 rejection of the Proposal.

2.19 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.

2.20 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 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.

2.21 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.

2.22 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 consider relevant for purposes of making a decision to submit a Proposal or to enter into any Contract resulting from this RFP.

2.23 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.

2.24 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.

2.25 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 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.

2.26 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.

2.27 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.

2.28 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 11 IAC 117.6(1)-(2), 117.13(4).

2.29 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.

2.30 No Minimum Guaranteed

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

2.31 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.

2.32 Appeals

A Respondent whose Proposal has been timely filed and who is aggrieved by the Notice of Intent to Award of the Agency 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 carbon 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 Agency, exclusive of Saturdays, Sundays, and legal state holidays. The written notice may be filed by fax transmission to 515.725.2064. 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:

CP-RFP-0265-2023 – Respondent Name –Technical Proposal CP-RFP-0265-2023 – Respondent Name –Cost Proposal

3.1.2 Files must be attached to Respondents submission in the State’s System. If the Respondent designates any information in its Proposal as confidential pursuant to Section 2, the Respondent must also submit public copy Proposal from which confidential information has been excised as provided in Section 2 and which is marked “Public Copy”.

CP-RFP-0265-2023 – Respondent Name – Public Copy

3.1.3 Proposals shall not contain promotional or display materials.

3.1.4 Attachments shall be referenced in the Proposal.

3.1.5 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, evaluation, and scoring. The following documents and responses shall be included in the Technical Proposal in the order given below:

Exhibit 1 - Transmittal Letter An individual authorized to legally bind the Respondent shall sign the transmittal letter. The letter shall include the Respondent’s mailing address, electronic mail address, fax number, and telephone number.

Exhibit 2 - 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.

Exhibit 3 - Firm Proposal Terms The Respondent shall guarantee in writing the goods and/or services offered in the Proposal are currently available and that all Proposal terms, including cost proposal, will remain firm for the number of days indicated on the RFP cover sheet following the deadline for submitting Proposals.

Exhibit 4 - Respondent Background Information The Respondent shall provide the following general background information:

● Does your state have a preference for in-state Contractors? Yes or No. If yes, please include the details of the preference.

● Name, address, telephone number, fax number and e-mail address of the Respondent including all d/b/a’s or assumed names or other operating names of the Respondent and any local addresses and phone numbers.

● Form of business entity, e.g., corporation, partnership, proprietorship, or LLC.

● Copy of W-9.

● State of incorporation, state of formation, or state of organization.

● The location(s) including address and telephone numbers of the offices and other facilities that relate to the Respondent’s performance under the terms of this RFP.

● Number of employees.

● Type of business.

● Name, address and telephone number of the Respondent’s representative to contact regarding all contractual and technical matters concerning the Proposal.

● Name, contact information and qualifications of any subcontractors who will be involved with this project the Respondent proposes to use and the nature of the goods and/or services the subcontractor would perform.

● Respondent’s accounting firm.

● Awarded Respondent will be required to register to do business in Iowa before payments can be made.

● For Contractor registration documents, go to:

https://das.iowa.gov/procurement/vendors/how-do-business

Exhibit 5 - 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.

● Letters of reference from three (3) previous or current customers or clients knowledgeable of the Respondent’s performance in providing goods and/or services similar to the goods and/or services described in this RFP and a contact person and telephone number for each reference.

Exhibit 6 - Financial Information The Respondent must provide the following financial information:

● One of the following for the last three years:

1). Audited financial statements 2). Profit & loss statements 3). Dun & Bradstreet Reports 4). Tax returns

Exhibit 7 - Termination, Litigation, and Debarment The Respondent must provide the following information for the past five (5) years:

● Has the Respondent had a contract for goods and/or services terminated for any reason? If so, provide full details regarding the termination.

● Describe any damages or penalties assessed against or dispute resolution settlements entered into by Respondent under any existing or past contracts for goods and/or services. Provide full https://das.iowa.gov/procurement/vendors/how-do-business details regarding the circumstances, including dollar amount of damages, penalties and settlement payments.

● Describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Respondent to engage in any business, practice or activity.

● A list and summary of all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Respondent or its officers have been a party.

● Any irregularities discovered in any of the accounts maintained by the Respondent on behalf of others. Describe the circumstances and disposition of the irregularities. Failure to disclose these matters may result in rejection of the Proposal or termination of any subsequent Contract. The above disclosures are a continuing requirement of the Respondent. Respondent shall provide written notification to the Agency of any such matter commencing or occurring after submission of a Proposal, and with respect to the successful Respondent, following execution of the Contract.

Exhibit 8 - Criminal History and Background Investigation The Respondent hereby explicitly authorizes the Agency to conduct criminal history and/or other background investigation(s) of the Respondent, its officers, directors, shareholders, partners and managerial and supervisory personnel who will be involved in the performance of the Contract.

Exhibit 9 - Acceptance of Terms and Conditions By submitting a Proposal, Respondent acknowledges its acceptance of the terms and conditions of the RFP and the General Terms and 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 General Terms and 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.

Respondents need only provide information regarding the concessions for which they are submitting a proposal. The concessions include resort and marina operations and/or golf course operations.

Respondents may propose one concession or both concessions.

Exhibit 10 – 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.

Exhibit 11 – Respondent Qualifications

• Respondent shall provide a list of key staff, identify and describe qualifications, experience, and expertise in providing services relevant to the RFP. Provide resumes of key staff including education, relevant experience, and certifications/licensing. Provide an organizational chart.

• Respondent shall provide a list of relevant services provided in the last 5 years, and include brief descriptions of what the services entailed and a contact name and phone number (reference).

• Respondent shall describe its experience, if any, on managing operations for governmental entities.

• Respondent shall describe computer program/software capabilities and expertise it utilizes.

Exhibit 12 – Marketing Plan Describe recommended marketing plan to increase guests using the concessions below. The marketing plan(s) should include plans for market research, target market(s), market strategies, branding, marketing goals, and results monitoring. Respondent can respond to one or multiple concessions.

• Resort/Marina– The marketing plan must include the main lodge, cottages, Rathbun Lakeshore Grill, and recreational amenities.

• Golf Course - The marketing plan must include The Preserve golf course and the golf pro shop.

Exhibit 13 – Implementation Plan

• Describe recommended implementation strategy including on-site coordination and support services, best practice consulting options and professional services.

• Identify any third-party Respondents involved in Respondent’s implementation strategy and describe these relationships.

• Describe the skills and time required by State of Iowa personnel for initial implementation of the proposed solution.

• Provide an estimate of State of Iowa staff time required to complete the installation.

• Describe the documentation provided with the product along with applicable costs for any additional documentation.

• Describe Respondent’s experience with projects similar in size. Please provide an implementation schedule, based on weekly milestones (not dates).

Exhibit 14 – Operations Plan Describe recommended operations plan for ongoing operations after implementation is complete. The operations plan(s) should include clear objectives, activities to be delivered, quality standards, proposed dates of operation (year-round, seasonal, or other), desired outcomes, staffing and resource requirements (including employee recruitment, employee training, employee services, employee conduct, and contingency plans for staff cutover), and processes more monitoring progress. Respondent can respond to one or both concessions.

• Resort/Marina – The operations plan must include the main lodge, cottages, Rathbun Lakeshore

Grill, marina operations (courtesy dock), and recreational amenities.

• Golf Course - The operations plan must include The Preserve golf course operations, including but not limited to, green fees, driving range, golf cart rental, and the golf pro shop.

Exhibit 15 – Optional Services The following amenities may be offered, but are not required:

• Activities Center – currently includes demonstrations of animal and fauna, etc.

• RV Campground – currently includes 20 RV campsites with electrical, water and sewer hook-ups, on-site trash collection, and access to resort amenities

• Boat Rental – sport boats, runabouts, pontoons, personal watercraft, fishing boats, kayaks, canoes, etc.

• Waterpark – 15,000 sf Pirate-themed park and snack bar

• Golf Pro Shop – 950 sf; retail space and food counter

• Gift Shop – lodge lobby, toiletries, sundries, snacks, and souvenirs

• TBD – Respondent may suggest additional services to include at the Resort upon obtaining written approval from the Agency

Respondent must provide a marketing and operation plan for any optional services which could add value to the services requested in this RFP.

Exhibit 16 - Reporting

• Describe available reports to support the completion of services related to this RFP.

• Describe financial reports to be provided to the state demonstrating the calculation of concessionaire’s fee.

• Describe ability to perform ad hoc reporting.

Exhibit 17 - Customer Service

• Describe Respondent’s ongoing customer support plan.

• Describe response times on service requests.

• Describe Respondent’s communication plan.

• What location/office will serve as the primary consultant office for the State?

• Describe the process Respondent employs when a customer is dissatisfied with the service it has been provided.

Exhibit 18 - Administration Plan

• Provide a specific and detailed ongoing administration plan (activities, responsibilities, completion dates), including representation before regulating entities and creation of ad-hoc reports.

Exhibit 19 - Performance-Based Criteria Performance-based measures are required to be included in any State service contract pursuant with Iowa Code section 8.47(1).

• Describe any performance-based incentives and disincentives that the Respondent would propose including in the resulting contract.

• Who assesses/ inspects and reports subpar performance?

• How are they measured?

• How will they be tracked?

• How much should they be (monetarily)?

• What results are shared and how often?

3.3 Cost Proposal

The Respondent shall provide its Cost Proposal in a separate file for the proposed services.

The Cost Proposal shall include a proposed concessionaire’s fee to be paid by the awarded Respondent to the State of Iowa that is a flat fee, a percentage of concessionaire’s revenue, or a combination of both a flat fee and a percentage of concessionaire’s revenue.

SECTION 4 SPECIFICATIONS

Overview The successful Respondent shall provide the goods and/or 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 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 must address each specification. Merely repeating the specifications may be considered non-responsive and may disqualify the Respondent. Proposals must 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 must 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.

Respondents need only provide information regarding the concessions for which they are submitting a proposal. The concessions include resort and marina operations and/or golf course operations.

Respondents may propose one concession or both concessions.

4.1 Resort Operations

4.1.1 Main Lodge

4.1.1.1 Respondent must be able to manage the operations.

4.1.1.2 Respondent must be able to staff the operations.

4.1.1.3 Respondent must follow all applicable laws rules and regulations.

4.1.2 Cottages

4.1.2.1 Respondent must be able to manage the operations.

4.1.2.2 Respondent must be able to staff the operations.

4.1.2.3 Respondent must follow all applicable laws rules and regulations.

4.1.3 Rathbun Lakeshore Grill

4.1.3.1 Respondent must be able to manage the operations.

4.1.3.2 Respondent must be able to staff the operations.

4.1.3.3 Respondent must follow all applicable laws rules and regulations.

4.1.4 Recreational Amenities (including the pavilion/outdoor shelter, restrooms, playground, basketball court, and resort beach).

4.1.4.1 Respondent must be able to manage the operations.

4.1.4.2 Respondent must be able to staff the operations.

4.1.4.3 Respondent must follow all applicable laws rules and regulations.

4.1.5 Courtesy Dock

4.1.5.1 Respondent must be able to manage the operations.

4.1.5.2 Respondent must be able to staff the operations.

4.1.5.3 Respondent must follow all applicable laws rules and regulations.

4.2 Golf Course Operations

4.2.1 The Preserve

4.2.1.1 Respondent must be able to manage the operations.

4.2.1.2 Respondent must be able to staff the operations.

4.2.1.3 Respondent must follow all applicable laws rules and regulations.

4.3 Compliance with Lease Agreement

Respondent must act in compliance with lease agreement with Secretary of the Army No.

DACW41-1-97-233.

4.4 Compliance with Human Trafficking Prevention Training Certification Respondent must be in compliance with Iowa Code section 80.45A.

https://www.legis.iowa.gov/docs/code/80.45A.pdf

4.5 Implementation

Upon award of a Contract for services the successful Respondent shall negotiate an implementation schedule with the Agency.

https://www.legis.iowa.gov/docs/code/80.45A.pdf

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. 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 such other 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 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.

An addendum identifying the points assigned to the scoring criteria and identifying the minimum score for the Technical Proposal will be posted prior to the RFP closing.

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 Lead State 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.

The cost proposal for each respondent will be evaluated in comparison with the other cost proposals received; however, the number of points possible will be proportional to each respondent’s technical evaluation score.

The technical evaluation points received (numerator) is divided by the technical evaluation points possible (denominator) and multiplied by the maximum number of points in the cost evaluation.

This provides the total points possible for the respondent in the cost evaluation.

Points Possible for Respondent = Technical Evaluation Points Received x Maximum Points in Cost Evaluation Technical Evaluation Points Possible

The lowest cost proposal (numerator) is divided by the cost proposal being evaluated (denominator) and multiplied by the points possible for the respondent. This provides the cost evaluation points awarded.

Cost Evaluation Points Awarded = Highest Concessionaire Fee (Cost Proposal) Received x Points Possible for Respondent Cost Proposal Being Evaluated

For example, suppose there are 10 maximum points in the cost evaluation. A respondent that receives 100% of the points possible in the technical evaluation has the opportunity to earn 100% of the points possible in the cost evaluation (e.g., 10 points). If the cost proposal is the highest concessionaire fee, the full 10 points will be awarded.

However, a respondent that receives only 50% of the points possible in the technical evaluation has the opportunity to earn only 50% of the points possible in the cost evaluation (e.g., 5 points).

If the cost proposal is the highest concessionaire fee, only 5 points are awarded, compared to the 10 points that could have been awarded if the respondent had received the highest technical evaluation score.

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 over Respondents based outside the United States.

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

SECTION 6 CONTRACT TERMS AND 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 Terms and Conditions, 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 Terms and 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 General Terms and Conditions to the extent referenced and linked to on the RFP cover page, and/or any Terms and Conditions attached to and accompanying this RFP as an attachment hereto, will be incorporated into the Contract.

The Terms and 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 Terms and 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 Terms and Conditions without change except as otherwise expressly stated in its Proposal.