Questions and Answer Document~3.docx

This Questions and Answers document includes relevant vendor questions and Illinois Department of Natural Resources (DNR) responses from past Invitation for Bids (IFB) and Pre-Bidder’s Conference.

Q: Before starting this process, is there any assurance that if the “Grand” is cancelled again that we will receive a refund?

A: In the event that the "Grand American" is not held at World Shooting and Recreation Complex (WSRC), IDNR will not collect the annual lease payments for that year the event is not held at WSRC.

Q: I'm sure you are aware that many of our industry members are not located in Illinois. There is a common concern as to their ability to become authorized in time for the bid date(s) by the Secretary of State to transact business or conduct affairs in Illinois. There could also be a need for current vendors to update their certification with Illinois. Is there a possibility that consideration could be given to extending the bid dates to accommodate these potential bidders?

A: A person, other than an individual acting as a sole proprietor, must be a duly constituted legal entity prior to submitting a bid, offer, or proposal. The legal entity must be authorized to transact business or conduct affairs in Illinois prior to execution of the contract. 30 ILCS 500/20-43.

Therefore, as long as the bidders is a legal entity in a different state, you may register with the Illinois Secretary of the State and get authorized any time up to the time of contract execution. There are COVID related processing delays, so it is best to register as early as possible. But, it is not mandatory to be authorized prior to the bid due date.

Q: Is the tenant space in the Event Center at WSRC subject to these bids?

A: No, the Event Center space is not part of any solicitation.

Q: Is there a minimum bid?

A: No, award will be based upon highest bid.

Q: Will vendors have to move all inventory, fixtures, etc to different space?

A: Current vendor leases expire Dec 31,2020. If the incumbent vendor does not win the award for its current space, then property will need to be removed in accordance with your lease agreement.

Q: Can vendors wait until we find out if we win our current unit back before we empty?

A: The Vacating the Premises provision of each lease would apply to the removal of Lessee property at the expiration of the lease. Please contact your IDNR Concessions representative to discuss any current lease agreement matters.

Q: On the new solicitation, who exercises the option to renew? State’s decision or vendor?

A: Please refer to Section 3.2.1 of the IFB. Any renewal is subject to the same terms and conditions as the original contract unless otherwise provided in the pricing section. The State may renew this contract for any or all the option periods specified, may exercise any of the renewal options early, and may exercise more than one option at a time based on continuing need and favorable market conditions, when in the best interest of the State. The contract may neither renew automatically nor renew solely at the Vendor’s option.

Q: How are renewal annual payments configured?

A: Renewal annual payment amounts will be same as initial term bid price.

Q: Will the state allow me to go to an awarded bidder before the contracts are executed and try to negotiate a switch?

A: No.

Q: Will the bids be open to view? Will we be able to see while they are coming in?

A: Not until the time of bid opening.

Q: If we don’t win our bid, will DNR give us until mid Feb to get our stuff out?

A: If a vendor has a fully executed change order for the two-month extension, the vacating the premise provision in the vendor’s current will apply to removal of property.

Q: What is considered nonresponsive? Can I bid $100 and be responsive?

A: The responsibility or responsiveness is referenced in Section A.22 of the Invitation for Bid. If you bid $100, the state doesn’t have to accept it. If it is unreasonable, IDNR does not have to award it.

Q: What is reasonable offer? Minimum? Who built these numbers?

A: Each solicitation document in Pricing Section 2.5 has a reasonable offer identified in there. It varies by the size of each unit and it is in IFB. A fair market value report was prepared by IDNR Division of Realty.

Q: If every bid comes in for the same amount for a unit, how are they awarded?

A. Per Section 2.5 of the Pricing Section of the IFB, in the case of two or more bidders bidding the same amount in this category, ranking will be handled by coin flip. When three or more bidders bid the same price ranking will be determined by random drawing. Bidder names will be written on a piece of paper, placed in a hat and drawn out. The first name drawn will get the award.

Q: If someone decides they want our spot, and wins the award for our spot…do we have the ability to withdraw our bid?

A: Withdrawing must only be done prior to opening.

Q: We have no seniority rights correct?

A: No, award is based on highest priced bid.

Q: If the Grand American never returns to Sparta, would DNR hold these contracts binding to the bidders?

A: The terms and conditions of the lease contract will be binding, including termination clauses in each contract.

Q: Is there a termination option for not having the grand?

A: Section 3.3 of contract says “lessee shall have option to terminate this lease at any time if Grand American is not held at venue during the term of the lease.”

Q: If new procurement laws concerning the lease of these buildings goes to state legislature, will vendors be advised of that ahead of time so we are aware of it?

A: Any new legislation is trackable online for new laws. If there is something new that affects a current contract, we will make you aware.

Q: What date are current leases extended to?

A: If a change order agreement is fully executed before the expiration of the original lease agreement, the end date of the extension will be February 28, 2021.

Q: Is there a plan if this space is not awarded? Is there a secondary bid process you have planned?

A: IDNR can’t speculate results of a bid that isn’t due yet.

Q: When was this procurement law passed that is effecting this lease to be competitively bid?

A: Major procurement reform and law took place in 2010, due to Senate Bill 51. It didn’t just change how concessions is handled, but also changed how all of procurement was done.

Q: Why is this new law just now affecting our leases?

A: IDNR must follow the current laws of the Illinois Procurement Code to competitively bid this procurement.

Q: Why doesn’t IDNR just set a price and have vendors bid?

A: That would not follow procurement code. Award has to go to highest price vendor.

Q: If a vendor wins a bid for a space that has no concrete pad and just grass, will I have to pay for the pad?

A: Per the “Maintenance & Repairs” section of the Invitation for Bid, any exterior repairs or improvement must receive prior written approval from DNR.

Q: Does a vendor have to pay property taxes if we win a bid on one of the spaces?

A: per the “Taxes” section of the Invitation for Bid, Lessee shall pay all taxes levied or assessments on the Premises, and all taxes and license fees growing out of or in connection with the operation of the business, whether or not measured by gross revenue from such business. Lessee shall, upon request, provide receipts of such payment to IDNR. Failure to promptly pay all taxes shall be grounds for termination pursuant to Section 3.3 of this Lease.