ITN PMAA 2027_0003 - Cherry Creek State Park Marina, Lake House, Swim Beach Concessionaire.pdf

Invitation to Negotiate

ITN PMAA 2027*0003

Cherry Creek State Park Marina, Lake House, Swim Beach Concessionaire

1.0 Overview

1.1 ITN Overview, Authority & Issuing Office

This Invitation to Negotiate (ITN) is issued pursuant to, and subject to the State of Colorado Procurement Code (§24-101-101 through §24-112-101, CRS) and its enabling Procurement Rules, 1 CCR 101-9. Any conflict between the information in this ITN and the Procurement Code or Procurement Rules will be resolved in favor of the applicable provision of the Procurement Code or Procurement Rules. For more information on the ITN solicitation process, reference the Department of Personnel & Administration (DPA) Invitation to Negotiate process overview training for vendors. Unless otherwise specified elsewhere in this ITN, any definitions in this ITN are supplemental to the definitions in the Procurement Code and Rules. In the event of a conflict of terms, the order of precedence will be the Colorado Revised Statutes, the Procurement Rules, the Concessionaire Model Contract, and finally this ITN.

This ITN is issued by the State of Colorado, Department of Natural Resources (Department or DNR), on behalf of Colorado Parks and Wildlife (CPW). All contact regarding this solicitation is to be directed to the Agency Buyer:

Colorado Department of Natural Resources, Purchasing Office Klay Tolleson Email: klay.tolleson@state.co.us

Important: Because phone lines may not be consistently monitored, email is the preferred method of communication. The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Respondent disqualification.

1.2 Additional Attachments/Links

● Attachment 1: Submission Form, pages 24-25 https://drive.google.com/file/d/1RpY0vjXAgk8uIorSAfDei6k-Mlkdje2m/view mailto:klay.tolleson@state.co.us

● LINK TO FOLDER WITH THE FOLLOWING ATTACHMENTS

○ Exhibit A, Draft Statement of Work

○ Concessionaire Model Contract

○ Aerial Photo of Swim Beach Area

○ Cherry Creek State Park Marina Architectural Drawings

○ Lake House Architectural Drawings - USACOE Apprvd

○ Photo of Cherry Creek State Park Marina

○ Photo of Food Truck Pad

○ Photo of Swimbeach Concession Area

1.3 Purpose

The purpose of this ITN is to receive competitive responses with the goal of negotiating a contract to operate and provide concessionaire services at the Marina, Lake House and Swim Beach area in Cherry Creek State Park.

● Operation of the Cherry Creek State Park Marina will include providing services for the existing marina docks, slip rentals, fuel services, dry storage rental, the marina store, rowing and sailing opportunities and providing food and drink concessions.

● Operation of the Lake House at Cherry Creek State Park will include providing an event space for the public, including regular community events, as well as a general food and beverage service area.

● Services to provide at the Swim Beach Area will include paddle craft rentals, bike rentals and the food truck pad.

The Department is seeking responses that offer effective and creative programs, value added opportunities, cost effectiveness and identification of means and methods to assist entities with the needed services.The Department may award to a single or multiple Respondents capable of fulfilling the Agency’s project needs.

The Department reserves the right to add additional goods/services that would be seen as a natural extension of this procurement over the term of this award, and retains the ability to make purchases outside of this solicitation as may be allowed by the Colorado Procurement Code.

1.4 Schedule of Activities

1. ITN Posted to Colorado Vendor Self Service (VSS)

a. Nov 6, 2026

2. Registration Deadline for In Person Pre-Response Meeting https://drive.google.com/drive/folders/15tAFmr0NeDtJ8-mSEb0_oRKanNOOlNaO

a. Nov 19, 2026

3. In Person Pre-Response Meeting

a. Nov 20, 2026 10:00 AM MST

4. Questions Due

a. Dec 1, 2026 5:00 PM MST

5. Answers Posted to Colorado VSS

a. Dec 4, 2026

6. Response Submission Deadline

a. Dec 18, 2026 10:00 AM MST

7. Public Response Opening

a. Dec 18, 2026 12:00 PM MST

8. Estimated Response Evaluation Period (Subject to Change)

a. - Dec 28, 2026 Jan 13, 2027

9. Estimated Date for Top Candidate Interviews - If Necessary (Subject to Change)

a. - Jan 18, 2027 Jan 20, 2027

10. Estimated Negotiations Period (Subject to Change)

a. - Jan 25, 2027 Feb 26, 2027

11. Estimated Notice of Award Decision Date (Subject to Change)

a. Mar 1, 2027

12. Estimated Project Start Date

a. Apr 5, 2027

1.5 In Person Pre-Response Meeting

A Pre-Response meeting shall be held at the Time and Date noted in Section 1.4 “Pre-Response Meeting.” Attendees to the Pre-Response meeting will meet at the following location:

Cherry Creek State Park Marina: 4800 S. Dayton St., Greenwood Village, CO 80111

All 3 areas (Marina, Lake House, Swim Beach) will be toured during the Pre-Response Meeting.

https://www.google.com/maps/place/Island+Lake+Marine+%26+Sports+-+Denver/@39.6414554,-104.8707175,17.5z/data=!4m15!1m8!3m7!1s0x876c87b790ce828d:0x351d24d2b3601542!2s4800+S+Dayton+St,+Greenwood+Village,+CO+80111!3b1!8m2!3d39.6414929!4d-104.8708787!16s%2Fg%2F11ffw6htht!3m5!1s0x876c872b3d9367d7:0x9492a544db8d4fed!8m2!3d39.6407477!4d-104.8702435!16s%2Fg%2F11v9fp7_t0?entry=ttu&g_ep=EgoyMDI2MTAxMy4wIKXMDSoASAFQAw%3D%3D

Please contact the Agency Buyer in section 1.1 by the time listed in section 1.4 Schedule of Activities, “Registration for Pre-Response Meeting” to register and receive important meeting details.

Failure to attend the Pre-Response meeting will not relieve Respondents from responsibility of properly estimating the difficulty or cost of successfully performing the work.

1.6 Public Response Opening

A virtual response opening will take place at the date and time noted in Section 1.4 Schedule of Activities, “Public Response Opening”. Please join the meeting by using the Google Meet link or by calling the phone number below:

Join by Video: meet.google.com/wut-btya-kvh

OR

Join by Phone: (US) +1 484-746-4435 PIN: 637 668 409#

1.7 Vendor Inquiries

Vendors may make written inquiries concerning the ITN to obtain clarification of requirements. No inquiries will be accepted after the date and time specified in section

1.4 Schedule of Activities, “Questions Due”. Questions must be submitted in writing via email as an attachment or through the solicitation posting in VSS. When submitted by email, please use the solicitation number ITN PMAA 2027*0003 in the subject line of your email and include your name, company name, address and contact information in the attachment. Questions sent via email must be sent to the Agency Buyer noted in Section 1.1.

An amendment will be posted on the Colorado Vendor Self-Service System in response to all questions submitted regarding the ITN.

1.8 Publication and Communication

This solicitation is published on Colorado Vendor Self Service (“VSS”). Respondents are not required, but are encouraged to register on VSS in order to download ITN documents and information. An Respondent can register for no cost or update an existing account on the VSS site. Registration provides benefits of amendment and new solicitation notifications. Vendors registered with VSS that submit a Response through VSS must verify that their VSS vendor account is active. Vendors with inactive or discontinued accounts must take steps to reactivate their account; an active VSS account is required for any vendor receiving an award at the end of the solicitation.

http://meet.google.com/wut-btya-kvh https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4

Please use the following links for assistance in account registration and maintenance, including reactivating an existing account:

● VSS Vendor Registration

● VSS Account Maintenance

Vendors should monitor the amendment history in VSS for any updates or modifications. In the event it should be necessary to revise any portion of this ITN, an amendment will be posted on the Colorado Vendor Self-Service System website. It is very important that vendors check VSS on a regular basis, as this is the sole method for communicating any modifications. Modifications included in amendments published on VSS take precedence over information in the ITN.

The VSS Help Desk is available Monday through Friday 8:00 a.m. to 5:00 p.m. MT and can be reached by emailing VSSHelp@state.co.us.

2.0 Problem Statement, Background, and Non-Negotiables

2.1 Problem Statement

CPW is seeking a concessionaire(s) to operate and provide services at 3 of the facilities/recreation areas located in Cherry Creek State Park. The locations that the awarded contractor(s) will provide services include the entirety of the marina, the Lake House and the Swim Beach Area. See “Exhibit A, Draft Statement of Work” linked in section 1.2 for information on what services will be required for each location.

Respondents are encouraged to provide value-add services in addition to the services that are included in Exhibit A.

Ideally, CPW would like to contract with one contractor to operate the 3 areas of Cherry Creek State Park included in Exhibit A to provide overall best value for these services.

However, Respondents can provide a response for operating and providing services to one, two or all of the 3 State Park locations (Marina, Lake House, Swim Beach) depending on Respondent capabilities. Operation of the locations can be accomplished through the use of subcontractors.

2.2 Background

Historically, a single concessionaire has operated the marina and multiple other contractors have provided separate services as needed at the Lake House and Swim Beach areas.

https://vss.state.co.us/vendor-topics/registration https://vss.state.co.us/vendor-topics/account-maintenance mailto:VSSHelp@state.co.us

CPW desires a more consolidated approach for this contract with one concessionaire operating and providing the requested services for all 3 State Park locations included as part of this solicitation. CPW will consider awarding more than one contractor, in which different contractors will operate specific areas.

2.3 Non-Negotiables

● A single contractor must be able to operate the entirety of the locations included as part of their response. A Respondent cannot offer to partially operate a single location. Operation of an entire location may be accomplished through the use of subcontractors.

● The evaluation factors as noted in section 4.0.

3.0 Vendor Response Instructions

3.1 Submission

In order to be considered responsive, responses must be received before the Response Submission Deadline outlined in section 1.4 Schedule of Activities and include all submittal items outlined in this section 3.0

Important: Late responses will not be considered unless they are deemed acceptable per Procurement Rule R-24-103-201-10 as determined by the Procurement Official or their delegate.

Vendor Assistance: Any vendors needing support responding to solicitations may contact the Colorado Supplier Diversity Navigator in the Statewide Equity Office's Supplier Diversity program. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, construction assistance, and free business directory listings and verifications through the Colorado Supplier Diversity Directory. The office can be reached during normal business hours by calling 303-866-5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

Where to Submit: The Department of Natural Resources Requests that Responses be submitted by using the Vendor Self Service (VSS) System or Google Forms.

Hardcopy and email Responses will not be accepted.

VSS

Vendors submitting using VSS shall attach their response in VSS. Please be aware that the maximum individual attachment size for VSS documents is 20MB.

mailto:DPA_SupplierDiversityHelp@state.co.us

Responses may need to be separated into multiple documents to allow the upload of larger file sizes.

Google Forms Vendors may submit responses via Google Forms by going to this link and following the instructions:

https://forms.gle/dBV41e2AdkjrRJho7

Please note that vendors using this submission method will be limited to one (1) upload with a Maximum Upload size of 1 GB. In addition, vendors using this method for submission will be required to sign in using a Google account in order to attach documents. Please use the below link to create a Google account if needed: https://www.google.com/account/about/

3.2 Submission Form (pages 24-25)

This form must be completed and submitted as part of the response documentation to be considered responsive.

3.3 Business Operations Plan

Provide a proposed “Business Operations Plan” for the locations the Respondent proposes to operate. The “Business Operations Plan” is considered an initial operations plan that may be subject to change based on the final contract. The Business Operations Plan may be updated annually and must be approved by the State.

The Business Operations Plan shall include the following:

● General Overview The general overview of your business operations plan shall include, but is not limited to, the following:

○ Mission and Goals (short term and long term)

○ What will make the business successful

○ Who are your customers

○ What opportunities exist for growth

○ What makes your business stand out

○ Business structure

● General Operations Plan The operations plan should include set up and replacement, the approach to operating the locations you proposed providing services to in your response, and all other relevant business operations. The general operations plan shall include https://docs.google.com/forms/d/e/1FAIpQLSc2MP-jjq6RQcpkyhwxxwX1TgIs_a0EMH0NEhcp47Yt7PTtLw/viewform?usp=sf_link https://forms.gle/dBV41e2AdkjrRJho7 https://www.google.com/account/about/ any proposed infrastructure improvements to the Marina that would be completed during the project. CPW owns and will continue to own all Marina infrastructure.

● Length of Obligation Proposer will include a proposal for the length of the obligation Respondent is willing to incur for operation of the Marina and other Facilities in a final contract.

See section 6.2 for more information on contract performance time.

● Rental Operations Plan (If proposing to provide services at the Marina and/or Swim Beach) A complete plan for dry storage rental and water craft rentals. The plan must include hours of rental operations and rental fee schedule along with any other relevant information. The water craft rental operation plan must include the number and type of water craft that will be available for rental.

● Safety and Emergency Preparedness Plans A complete safety preparedness plan and emergency preparedness plan including but not limited to fire safety, drowning safety, electrical shock drowning prevention, and patron safety plans.

● Maintenance Plan Provide a maintenance plan for each location the respondent proposes to operate.

● Financial Plan - Projections Address all costs and anticipated budget to operate the Marina as well as providing the requested services at the Lake House and/or Swim Beach (if applicable). The following initial records shall be provided as part of the response:

○ acceptable accounting system.

○ tax certificate.

● Outreach Plan The outreach plan should include, but is not limited to, the following:

○ Marketing and Advertising Plan

○ Community Involvement

○ Partnership ideas

○ Any other ways to attract new customers

● Exit Plan Provide a proposed exit plan for when the contract concludes or is terminated, including the disposition, surrender, or removal of any improvements made by the concessionaire during the contract term.

Include value adds and/or options that the Respondent can provide that may not be included in Exhibit A, Draft Statement of Work or in this section 3.3. Value adds or optional items can include facility or operational improvement not originally considered by CPW. CPW may or may not accept value adds or options at the sole discretion of

CPW.

3.4 Respondent Staff and Subcontractors

Provide a list of the personnel roles that will be a part of the Respondent team, including subcontractors, and what each personnel role will be providing in contribution to the services outlined in the Business Operations Plan.

3.5 Qualifications and Experience

The following qualifications and experience of staff and/or partner firms must be provided:

● Provide previous experience operating marinas and similar facilities to the ones included in this ITN. Include specific examples and locations if possible.

○ If subcontractors are included as part of the Respondent Team, include previous experience specific to the subcontractors as well.

○ Provide a reference for each example.

● Demonstrate the financial backing the Respondent has to operate the proposed locations in the State Park.

3.6 Fee or Payment Structure

Include a proposal for compensation to the State for operation of the locations specified in the response. Compensation to the State has historically been provided as annual administration fees, commission fees based on a percentage of the total gross receipts collected by the concessionaire, property or improvement rental fees, or any other fees deemed appropriate by the State.

4.0 Initial Response Evaluation

4.1 Response Evaluations

In accordance with R-24-103-208-03, the state shall evaluate responses against all evaluation factors set forth in the ITN. The evaluation, including the results of any discussions (if applicable), shall result in the determination of a competitive range of responses reasonably susceptible of award.

An Evaluation and Negotiations Committee will be established utilizing measures to ensure the integrity of the evaluation process. These measures include the following:

● Selecting committee members who do not have a conflict of interest regarding this solicitation.

● Facilitating the independent review of responses.

● Requiring the evaluation of the responses to be based strictly on the content of the responses.

● Ensuring the fair and impartial treatment of all Respondents.

Responses will be evaluated by the Evaluation and Negotiations Committee using the evaluation criteria listed below (sections 4.2-4.6). The evaluators will consider whether the submittal requirements in section 3.0 the solicitation have been addressed and they will review the capabilities of the Respondent as it relates to the Problem Statement, Exhibit A, Draft Statement of Work or any other aspect determined relevant to the evaluation criteria. A numerical evaluation method shall be used as an aid to evaluation and negotiations. Each evaluation criteria will be scored 1-5 and the weight for each criteria is included below.

The Evaluation and Negotiations Committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers.

Per R-24-103-208-03, discussions may be held with responsible Responses whose Responses are determined to be reasonably susceptible to be selected for award to:

● Promote understanding of the state’s requirements and the Respondents’ responses

● Facilitate a contract that will be most advantageous to the state taking into consideration price and the other evaluation factors set forth in the ITN.

The Evaluation and Negotiations Committee may adjust its scoring based on the results of such activities. However, responses may be reviewed and determinations made without such activities. Respondents should be aware that the opportunity for further explanation might not exist; therefore, Vendors shall ensure that their response submission is complete and meets all of the requirements of submission.

The numerical scoring does not determine who is awarded as the selection ultimately is a business judgment that will reflect an integrated assessment of the relative merits of responses and presentations (if applicable), using the factors identified below. The State reserves the right to reject any (or all) responses that pose, in the judgment of the State, unacceptable risks of unsuccessful or untimely performance, unacceptable State resources requirements, or costs exceeding the budget constraints.

4.2 Submission Form (pages 24-25)

Company information will not be evaluated, but is required to consider a responsive submission.

4.3 Business Operations Plan - Weighted 40%

The Business Operations Plan shall be scored based on which of the 3 Cherry Creek State Park locations (Marina, Lake House, Swim Beach) the Respondent can provide services and the level of quality in service portrayed in the response. CPW will evaluate the comprehensiveness of the Business Operations Plan and whether the Respondent meets the needs of CPW for operation of the Marina, Lake House and/or Swim Beach locations at Cherry Creek State Park.

Value adds and optional items will be evaluated to determine the additional value those items bring to CPW in operation of the Marina, Lake House and Swim Beach.

As stated in section 2.1, CPW would prefer to award a single prime contractor providing the associated services to the Marina, Lake House and Swim Beach, but the quality and completeness of the services provided at each location is the priority in evaluation.

4.4 Respondent Staff and Subcontractors - Weighted 20%

The Respondent Team will be evaluated to determine whether sufficient staff and subcontractors are included to provide the services the Respondent proposes. The proposed staff and subcontractors will be evaluated based on the relevance and depth of their background as well as the proposed contribution to the Business Operations Plan.

4.5 Qualifications and Experience - Weighted 30%

Qualifications and experience of personnel and partner firms will be evaluated based on the breadth and depth and similarity of experience in operating facilities of this nature.

The financial information will be evaluated to determine if the Respondent has sufficient financial backing to perform the proposed Business Operations Plan.

References may be contacted at any time during the evaluation process and must be provided for the response to be considered responsive.

4.6 Fee and Payment Structure - Weighted 10%

The fee and payment structure shall be evaluated based on what is most advantageous to the State.

5.0 Negotiations & Award

5.1 Negotiations

In accordance with R-24-103-208-03, the State shall commence negotiations with those vendors whose responses are determined to be in the competitive range. The State may discontinue negotiations with a vendor if the state determines that the response is no longer reasonably susceptible of award. The purpose of negotiations is to facilitate a contract that will be most advantageous to the State, taking into consideration price and the other evaluation factors set forth in the ITN.

The committee(s) established to evaluate the responses and negotiate with vendors whose responses are in the competitive range shall make a recommendation to the Procurement Official or his or her designee. If the Procurement Official or his or her designee approves the recommendation, an award shall be made in accordance with the recommendation.

5.2 Award

In accordance with R-24-103-208-03, the award shall be made to the responsible vendor(s) whose response is determined in writing to be the most advantageous to the state, taking into consideration the price and the evaluation factors set forth in the invitation to negotiate and the result of negotiations. No other factors or criteria shall be used in the evaluation.

6.0 Contract Information

6.1 Colorado Contract

The successful Respondent(s), hereafter called Contractor, will be required to enter into a formal contract with the State. The contract will incorporate this ITN, published addenda and the response of the successful Respondent, and will include all contract terms and the Colorado Special Provisions unless exceptions are requested in accordance with Section 7.11 of this ITN.

Single Contract: DNR will enter into a single contract with the awarded Prime Respondent(s). Any partnerships between firms specializing must be managed in a Prime Contractor/Subcontractor approach. All references to “Contractor(s)” or “Respondent(s)” throughout this ITN document shall be interpreted to mean the prime responding vendor(s), except where specifically noted otherwise. Any/all forms signed and submitted by this defined prime contractor(s) shall be interpreted as acknowledgement of terms and conditions and assumed responsibilities on behalf of all partnered entities (if applicable). The selected contractor(s) will be required to assume responsibility for all goods and services offered in its Response and negotiated Statement of Work, and DNR will consider the selected contractor(s) to be the sole point of contact with regard to all contractual matters and responsibilities.

The Prime Contractor(s) shall not enter into any subcontract in connection with its obligations under the contract without the prior, written approval of the State. The Prime Contractor(s) shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by the Prime Contractor(s) in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this contract.

6.2 Important Notice for Concessionaire Model Contract

This “Concessionaire Model Contract” linked in section 1.2 is provided for illustration only and does not reflect the structure, terms, or scope of any resulting award. The final agreement remains subject to negotiation and will be based on the awarded proposal's specific requirements and agreed-upon terms.

6.3 Performance Time

Work will not begin until all CPW contracting agreements have been signed and executed. CPW desires a minimum contract length of ten (10) years. Respondents may propose a longer contract length if the Business Operations Plan requires it. The contract will include an initial term of one (1) year, followed by annual renewals for the approved duration of the contract.

State Statute requires the Office of the State Controller to review all contracts longer than 5 years in length, including annual renewals. The Office of the State Controller (OSC) can approve or deny an agency’s request to exceed the five-year term, or approve only a portion of the term. The Performance Time of the awarded contract is subject to approval by OSC, and bidders may include information in their proposal outlining whether portions of the proposal are reliant on a minimum contract length.

6.4 Reporting and Payment

Reporting for the project will be based on specific tasks and items outlined in the formal contract. Reports shall include updates of operations for the Marina, Lake House and Swim Beach as well as the total revenue for each of the 3 State Park locations.

The fee and payment structure is dependent on the Respondent's proposed fee and payment structure and will be finalized during the negotiations phase of the ITN.

Historically, compensation to CPW has been provided as an annual fee and a monthly gross revenue commission fee.

Concessionaire shall keep, maintain, and provide CPW the following books, records and reports:

● Monthly (By 15th of each month) - Commission fee and complete record of all sales categories and supporting documentation.

● Monthly maintenance records.

● Annual Report - Summary detailing full term financials.

6.5 Insurance Requirements

Reference section 21 of the attached document titled “Concessionaire Model Contract.”

6.6 Performance Outside the State of Colorado and/or the United States Following the Effective Date, Contractor shall provide written notice to the State, within 20 days following the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this requirement shall be posted on the Colorado Department of Personnel & Administration’s (DPA) website. Knowing failure by the Contractor to provide notice to the State shall constitute a material breach of the Contract.

7.0 Administrative Information

7.1 Response Submission Terms & Conditions

A vendor response to this ITN shall constitute a binding offer. The autographic signature of the vendor shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. The response, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the State, unless otherwise specified in this ITN. Reference Procurement Rule R- 24-103-201-11(d). It is acceptable for a vendor to offer a longer term.

The contents of the response of the successful vendor, as negotiated, will become contractual obligations if acquisition action ensues. Failure of the successful vendor to accept these obligations in a contract, purchase order, or similar authorized commitment voucher may result in cancellation of the award to that vendor.

All responses must be received by the Department of Natural Resources (DNR), Purchasing Office, no later than the date and time shown in the Schedule of Activities, Response Submission Deadline. It is the sole responsibility of the Respondent to ensure that its complete Response is submitted to and received by the Agency Buyer noted in Section 1.1 prior to the submission deadline.

All response and negotiation materials submitted shall become the property of DNR and will not be returned unless the ITN solicitation is canceled prior to the submittal due date, in which case such Responses will be returned unopened, or opened only for identification purposes.

7.2 Acknowledgement of Amendments and Addenda to ITN

In the event it should be necessary to revise any portion of this ITN, addenda such as Response to written inquiries received by the stated deadline, will be published on the State VSS System at the Internet site linked in section 1.8.

Please acknowledge any/all amendments to this ITN on the Submission Form of the ITN with signature by a person authorized to bind the Respondent. It is the Respondent’s sole responsibility to monitor and access the State VSS System for any amendments and to acknowledge and/or comply with all such published amendments as specifically instructed. Failure to acknowledge all amendments as instructed in each/all such amendments may cause rejection of the entire Response as non-responsive.

7.3 Confidentiality of the ITN Process

Following the ITN response submission deadline, individuals/entities may request from the State POC a list of the names of the responding vendors. All other information related to the ITN evaluation/negotiation/award process will remain confidential until award. Following the notice of intent to award, all vendor responses will be open to public inspection with the exception of information determined by the State to be a trade secret or confidential or proprietary. Reference §24-72-201 et seq., CRS, as amended, Public (Open) Records.

7.4 Respondent/Vendor Registration

Respondent registration (Colorado VSS) is encouraged prior to the Response submission deadline.

7.5 Parent Company

If a Respondent is owned or controlled by a parent company, the name, main office address must be provided in the Response submission.

7.6 Response Material Ownership

All material submitted regarding this ITN becomes the property of the State of Colorado.

The State of Colorado has the right to retain the original response and other ITN response materials for its files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. The State of Colorado has the right to use any or all information/material presented in reply to the ITN, subject to limitations outlined in the section, “Proprietary/Confidential Information”, below. Respondent expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Colorado Open Records Act. Responses may be reviewed by any person after the award has been published on the Colorado VSS System and/or an award letter has been issued, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.

7.7 Request for Confidential/Proprietary Classification

The State neither requests nor encourages the submission of confidential or proprietary information in this ITN. Information submitted during as part of the initial response as well as part of negotiations will be open for public inspection upon completion of the ITN process and award of contract. Should a Respondent want the State to treat certain information as confidential or proprietary, the Respondent shall submit a written request, as part of its ITN package, to the Agency Buyer noted in Section 1.1, provided that the submission is in strict accordance with the procedures listed below. Adherence to these procedures remains the sole responsibility of the Respondent. The written request for confidentiality or proprietary classification will be reviewed and either approved or denied by the DNR Purchasing Director or their delegate. If denied, the Respondent will have the opportunity to withdraw its entire Response, or to remove the proprietary restrictions.

Neither cost nor pricing information nor a total response will be considered proprietary.

7.7.1 Important: Procedures for Submission of Confidential or Proprietary Information

A. Written request for confidentiality/proprietary classification shall be submitted, by the Respondent, with the response documents.

B. One response without redacted confidential information must be provided as well as a second response with the confidential information redacted so the response may be distributed publicly as required by the Colorado Open Records Act.

C. The written request will be enclosed in a separate document marked “Request For Confidentiality/Proprietary Classification.”

D. The written request must state specifically, and identify by page and/or section number, what elements of the response are to remain confidential.

The request must also identify the basis for the claim of confidentiality and/or proprietary classification, other than a recitation of a specific State or Federal statute.

E. The DNR Purchasing Director or their delegate will make a written determination as to the apparent validity of any request for confidentiality and/or proprietary classification. This written determination will be sent to the Respondent.

F. Responses not following this procedure may be declared non-responsive by the DNR Purchasing Director or their delegate and given no further consideration.

Any additional Respondent information, which may be part of the evaluation/negotiation process and for which an Respondent claims confidentiality, is subject to the same requirements and processes identified above.

7.8 ITN Cancellation / Rejection of Vendor Responses

The State may cancel this ITN, or any or all Responses may be rejected in whole or in part, without penalty, at any time before a contract is executed, when it is in the best interests of the State. Reference §24-103-301, CRS, and related Procurement Rules.

The reason and documentation supporting the decision to cancel the ITN or reject Response(s) shall remain confidential for the lesser of six months or until the contract at issue is awarded by the State. Reference Procurement Rule R-24-101-401-05.

If the ITN is cancelled after responses are received, the responses that have been opened shall be retained in the procurement record, or if unopened, returned to the vendors upon request, at vendor expense, or otherwise disposed of.

7.9 Incurring Costs

The State of Colorado is not liable for any cost incurred by Respondents prior to issuance of a legally executed contract or procurement document. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties. No reimbursement of travel and other preparatory costs will be considered for those Respondents recommended for interview, demonstrations or other subsequent travel prior to award.

7.10 Evaluation Preference Considerations

7.10.1Resident Bidder Preference (see §24-103-906 C.R.S., et seq.)

When a contract for commodities or services is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the State in which the nonresident bidder is a resident.

A resident bidder is authorized to transact business in the State of Colorado, maintains a place of business in Colorado and pays unemployment compensation taxes.

7.10.2Service Disabled Veteran Owned Small Businesses (“SDVOSBs” see §24-103-905, C.R.S., et seq.)

SDVOSBs, who are incorporated or organized in Colorado or maintain a place of business or have an office in Colorado and who are officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Small Business Administration (https://veterans.certify.sba.gov), may receive a 5% preference on their bid. This preference applies only to the price, and the SDVOSBs must still meet all other qualifications required in the bid. SDVOSBs claiming this preference shall submit documentation of SDVOSB certification Issued through the Center for Veteran Enterprise within the U.S. Small Business Administration in their Response to the solicitation. Bid submissions without this documentation will not be given a preference.

7.11 Acceptance of State’s Terms & Conditions

Any proposed exception taken to the State’s Terms and Conditions within the Concessionaire Model Contract must be clearly and thoroughly identified and supported and acceptable alternatives must be proposed. In order to achieve this, Respondents shall submit any requested changes to the state’s contract template in redline format with their response. Please note that the section of the Contract identified as the Colorado Special Provisions are considered non-negotiable. Failure to do so shall be deemed a waiver of any rights to subsequently raise exception and/or request modification, except as outlined or specified in this ITN.

Submission of exceptions does not guarantee their acceptance, and such submittals will be taken into consideration during response review and scoring by the evaluation team.

https://veterans.certify.sba.gov

7.12 Conflict of Interest

By submission of a response, the Vendor agrees that, at the time of contracting, the Vendor has no interest, direct or indirect, that would conflict in any manner or degree with the performance of the required services. The Vendor further agrees that, in the performance of the contract, they shall not employ any person having any such known interest.

7.13 Notice of Award Decision

Upon review and approval of the evaluation committee’s recommendation for award, the DNR Purchasing Office will post the award notice on the Colorado VSS System. Such posting, by itself, does not grant any property interest or right of any nature in the ITN work/services or to contract for the performance of such work/services. Contract terms that are consistent with the ITN and that are acceptable to the State must first be discussed, followed by contract completion and signature by all parties and the State Controller. Only upon final signature by the State Controller does the successful Respondent have any interest or rights in the ITN work/services. Therefore, the apparent successful Respondent whose award is posted on the Colorado VSS System shall not rely on that letter to make commitments to third parties, shall not take any actions(s) to prepare for, or start the performance of, the ITN work/services until a contract is fully executed. Further, every effort will be made to have a completed and fully signed agreement on or before the date indicated in the Schedule of Activities unless extended by DNR during the ITN process. If through no fault of the State the parties are unable to agree on contract terms, DNR may elect to cancel the award and make the award to the next most successful/highest ranked Respondent.

Following posting of the Notice of Intent to Award, all interested parties may review the ITN files, including Responses, by making an appointment with the Agency Buyer listed in section 1.1 of the ITN.

7.14 Protested Solicitations And Awards

An aggrieved party may file a protest concerning a material issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the bid. The protest shall be submitted via email to the DNR Procurement Official as noted below within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq.

DNR Procurement Official:Ion Cotsapas- ion.cotsapas@state.co.us mailto:ion.cotsapas@state.co.us

The written protest shall include, as a minimum, the following:

A. The name and address of the protestor;

B. Appropriate identification of the procurement by bid, ITN, or award number;

C. A statement of the reasons for the protest; and any available exhibits, evidence, or documents substantiating the protest.

7.15 News Releases

Respondents shall not issue any news releases pertaining to this ITN prior to execution of a contract. At any time after execution, only news releases approved by the CPW Program Manager shall be made.

7.16 Certification of Independent Price Determination

A. By submission of pricing during initial response or via Negotiations, the Respondent certifies and, in the case of a joint response, each party thereto certifies as to its own organization, that in connection with this procurement:

a. The prices in the response were arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Respondent or with any other competitor;

b. Unless otherwise required by law, the prices which have been quoted in this response have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to award either directly or indirectly, to any other Respondent or to any other competitor;

and

c. No attempt has been made by the Respondent to induce any other person or firm to submit, or not to submit, a response for the purpose of restricting competition.

B. Each person signing the Cover Page of this ITN – certifies that:

a. They are the person within the Respondent’s organization responsible for that organization’s decision as to the prices being offered in the response and that they have not participated, and will not participate, in any action contrary to A (a.) through (c.) above; OR

b. They are not the person within the Respondent’s organization responsible for the decision as to the prices being offered in the Response but that they have been authorized in writing to act as agent for the persons responsible for such decision, by certifying that such persons have not participated, and will not participate, in any action contrary to A (a.)

through (c.) above, and as their agent does hereby to certify; and they have not participated, and will not participate, in any action contrary to A (a.) through (c.) above.

C. A response will not be considered for award where A (a.) and (c.) and B above have been deleted or modified. Where A (b.) has been deleted or modified, the response will not be considered for award unless the Respondent furnishes with the response a signed statement which sets forth in detail the circumstances of the disclosure and the DNR Purchasing Director, or designee, determines that such disclosure was not made for the purpose of restricting competition.

7.17 Taxes

The State of Colorado, as purchaser, is exempt from all Federal taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all State and Local Government Use Taxes (Ref. §39-26-704.1, C.R.S). Seller/Respondent is hereby notified that when materials are purchased in certain political subdivisions, the Seller/Respondent may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

7.18 Contract Products - Ownership Rights

All products produced in response to the contract or agreement resulting from this ITN will be the sole property of the State of Colorado. Any exceptions must be outlined in detail. Exceptions may serve as cause for rejection of a response. Such products shall include original materials, including any reports, studies, data, designs, drawings, maps, meeting minutes, specifications, data spreadsheets, notes, documents, electronically or magnetically recorded material and related intellectual property developed or created by the successful Respondent pursuant to the services sought by this ITN, and subsequently provided and integrated by contract between DNR and the successful Respondent, shall become the sole property of the State. The purchase of licenses for use of a Respondent’s software shall not be interpreted to mean purchase of the actual application or software. Ownership of the specific application and software selected under this ITN shall remain with the selected Respondent. The successful Respondent will not be allowed use of any materials furnished by, or produced for, DNR for any purpose other than towards the completion of the works described herein, without permission from DNR.

7.19 Assignment and Delegation

Except for assignment of antitrust claims, neither party to any resulting contract stemming from this ITN may assign or delegate any portion of such contract without the prior written consent of the other party.

7.20 Choice of Law

The laws of the State of Colorado shall govern in connection with the formation, performance, and the legal enforcement of any resulting contract. Further, Title 24, CRS as amended, Article 101 through 112, and Rules adopted to implement the statutes, govern this procurement.

7.21 Legislative Changes

The State of Colorado reserves the right to amend the contract in response to legislative changes that affect this project.

7.22 Disadvantaged Business Opportunities

The State encourages its agencies to utilize minority-owned and women-owned businesses to the greatest extent possible without sacrificing adequate competition.

Respondents are reminded of the illegality of discrimination. While there is not a specific requirement for Disadvantaged Business Enterprise participation for this solicitation, the State encourages the submission of Responses that include minority-owned and/or women-owned businesses.

7.23 Former Employees

C.R.S. 24-18-201: A former classified employee may not within 6 months of termination of employment, contract or be employed by a contractor of the State. If an employee does return after 6 months, they cannot work in the same or similar role.

7.24 Cooperative Purchasing

In accordance with §24-110-201, C.R.S., and all applicable regulations, the award(s) under this solicitation will be for one or more cooperative purchasing agreements available for use by the contracting State Agency, other State Agencies, State Institutions of Higher Education, political subdivisions (e.g., cities, counties, schools) and eligible non-profit entities (certified pursuant to §24-110-207.5 C.R.S.) under the terms, conditions and rates set forth in the Contract. Each Agency or entity ordering goods or services under the Contract will be responsible for all costs and expenses incurred in connection with its orders.

7.25 ACH/EFT Payments

Respondents are highly encouraged to consider signing up for ACH/EFT payments.

ACH/EFT payments provide the advantage of ensuring quick and secure payments for the goods and services that contractors provide to the State. ACH/EFT payments help avoid the unnecessary, and sometimes inevitable delays in mail, and the possibility of lost warrants which will further delay payment. DNR’s goal is to pay contractors as soon as possible - signing up for the ACH/EFT is an important step in making this happen.

For additional information about signing up for ACH/EFT payments please contact the Agency Buyer listed in Section 1.1.

7.26 Accessibility Requirements

All work performed as a result of the forthcoming solicitation resulting from this ITN must comply with all applicable provisions of §§24-85-101, C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

For more information, please reference the applicable accessibility requirements contained in the attached Concessionaire Model Contract.

Attachment 1: Submission Form (2 Pages)

ITN PMAA 2027*0003

Cherry Creek State Park Marina, Lake House, Swim Beach Concessionaire

Return This Form With Your Response. Return all Responses via Colorado.gov/vss or Google Forms. See section 3.0 for full submission instructions.

Respondent Information:

Legal Business Name:

Address:

City, State Zip:

Phone:

Email:

Signature:

Name (Printed):

Title:

Date:

Mandatory Questionnaire

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