RFP 70CNR-S2718 - Watercraft Rental - Big Bend~2.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division 515 East Musser Street, Suite 300 │ Carson City, NV 89701 Phone: 775-684-0170 │ Fax: 775-684-0188

Solicitation: 70CNR-S2718 For

WATERCRAFT RENTALS – BIG BEND

Release Date: 05/08/2024 Deadline for Submission and Opening Date and Time: 06/05/2024 @ 2:00 pm

Single point of contact for the solicitation:

Nancy Feser, Purchasing Officer II Phone, 775-531-3319 Email Address, nfeser@admin.nv.gov

(TTY for Deaf and Hard of Hearing, 800-326-6868 Ask the relay agent to dial, 1-775-531-3319/V.)

TABLE OF CONTENTS

APPLICABLE REGULATIONS GOVERNING PROCUREMENT

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

SINGLE POINT OF CONTACT. Vendors and/or their representatives shall only contact the single point of contract or use the electronic procurement system regarding this solicitation until after a notice of award (NOA) has been issued. Failure to observe this restriction may result in disqualification of a proposal per NAC 333.155(3).

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

PROJECT OVERVIEW

The State of Nevada Purchasing Division, on behalf of Nevada State Parks is seeking proposals from qualified vendors to provide motorized water vessels for the exclusive operation and maintenance for the rental of vessels and/or personal watercrafts (PWC) at Big Bend of the Colorado State Recreation.

The State intends to award one (1) contract in conjunction with this Request for Proposals (RFP), as determined in the best interests of the State. State Parks shall administer contract(s) resulting from this solicitation. The resulting contract(s) are expected to be for a contract term of four years, subject to the Board of Examiners’ approval.

GOALS AND OBJECTIVES

The goals and objectives of this proposed concession operation are to provide motorized boat (no personal watercraft) rental opportunities for the use and enjoyment of the visitors of Big Bend of the Colorado State Park. The successful proposal will lead to a revenue generating concession lease with the State of Nevada, with a four (4) year lease.

PROJECT SPECIFC TERMS AND CONDITIONS

The vendor will be allowed to occupy the dirt space near the lagoon restrooms as a point of sale (POS).

The vendor may only rent out any vessel and/or PWC that can be legally put on the Colorado River, and each must have the necessary documentation.

The vendor will utilize our launch ramp to launch their vessel and/or PWC rentals for visitors.

The vendor may only rent out and launch vessels and/or PWCs to a renter on the same day of the sale, the renter must be at the vendor’s specific POS to rent and launch any vessel and/or PWC.

The vendor’s vessels and/or PWCs may be stored within the 3 designated boat trailer parking spaces in the northwest corner of the south parking lot.

The vendor may be allowed to sell a few concession items, these items are as follows: Sunscreen, inner tubes for floating, bottled water.

The vendor may leave the vessels, and/or equipment for their POS in the park overnight at their own risk, the State of Nevada and its employees will not be held responsible for anything lost, damaged, or stolen.

The vendor will show each renter an approved safety video which should inform the renters of basic boating laws.

The vendor and its employees will follow all parks rules and regulations, while simultaneously instructing renters of said rules and regulations should they see any violations.

SCOPE OF WORK

See Attachment

ATTACHMENTS

ATTACHMENTS INCORPORATED BY REFERENCE. To be read and not returned.

Terms and Conditions for Services

ATTACHMENTS FOR REVIEW. To be read and not returned (unless redlining).

Insurance Schedule

PROPOSAL ATTACHMENTS. To be completed and returned.

Revenue Generating Lease Percentage Rental Fee Document Statement of Financial Capability/Feasibility Concession Development/Start-up Cost Estimate Proposed Staff Resume Reference Questionnaire Attachments for Signature

Vendor Information Response Vendor Certifications Certification Regarding Lobbying Confidentiality and Certification of Indemnification

TIMELINE

QUESTIONS. All questions regarding this solicitation shall be submitted using the Bid Q&A feature in NevadaEPro.

TIMELINE. The following represents the proposed timeline for this project.

All times stated are Pacific Time (PT).

These dates represent a tentative schedule of events.

The State reserves the right to modify these dates at any time.

EVALUATION

Evaluation and scoring are conducted in accordance with NRS 333.335 and NAC 333.160-333.165.

Proposals shall be kept confidential until a contract is awarded.

In the event the solicitation is withdrawn prior to award, proposals remain confidential.

The evaluation committee is an independent committee established to evaluate and score proposals submitted in response to the solicitation.

Financial stability shall be scored on a pass/fail basis.

Proposals shall be consistently evaluated and scored based upon the following factors and relative weights.

Demonstrate Competence 30 Experience in performance of comparable engagements………………………………………………………...20 Conformance with the terms of this RFP…………………………………………………………………………10

INVERSE PREFERENCE

The State applies an inverse preference to vendors that have a principal place of business in a state other than Nevada and that state applies an in-state preference not afforded to Nevada based vendors, pursuant to AB28 passed in the 81st session of the Nevada Legislature.

The amount of the inverse preference is correlated to the amount of preference applied in the other state.

Vendors who meet this criterion must indicate it on their submitted Quote in NevadaEPro.

This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis.

MANDATORY MINIMUM REQUIREMENTS

Pursuant to NRS 333.311 a contract cannot be awarded to a proposal that does not comply with the requirements listed in this section. The proposal shall include confirmation of compliance with all mandatory minimum requirements.

NEVADA LAW AND STATE INDEMNITY. Pursuant to NRS 333.339, any contract that is entered into may not: (1) Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or (2) Require the State to indemnify another party against liability for damages.

NO BOYCOTT OF ISRAEL. Pursuant to NRS 333.338, the State of Nevada cannot enter a contract with a company unless that company agrees for the duration of the contract not to engage in a boycott of Israel. By submitting a proposal or bid, vendor agrees that if it is awarded a contract, it will not engage in a boycott of Israel as defined in NRS 333.338(3)(a).

INDEMNIFICATION. Required contract terms on Indemnification: "To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not excluding the State’s right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of any breach of the obligations of Contractor under this contract, or any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents. Contractor’s obligation to indemnify the State shall apply in all cases except for claims arising solely from the State’s own negligence or willful misconduct. Contractor waives any rights of subrogation against the State. Contractor’s duty to defend begins when the State requests defense of any claim arising from this Contract."

LIMITED LIABILITY. Required contract terms on Limited Liability: "The State will not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. The contract liability of both parties shall not be subject to punitive damages. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the Fiscal Year budget in existence at the time of the breach. Contractor’s tort liability shall not be limited."

CONTRACT RESPONSIBILITY. Awarded vendor shall be the sole point of contract responsibility. The State shall look solely to the awarded vendor for the performance of all contractual obligations which may result from an award based on this solicitation, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

DATA ENCRYPTION. State IT requires that data be encrypted in transit and in rest.

STATESIDE DATA. State IT requires that State data assets must be maintained in the United States and data will not be held offshore.

NEVADA BUSINESS LICENSE. Pursuant to NRS 353.007, prior to contract execution awarded vendor must hold a state business license pursuant to NRS chapter 76 unless exempted by NRS 76.100(7)(b).

DISCLOSURE. Each vendor shall include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable.

CRITICAL ITEMS

In addition to the Scope of Work and Attachments, the items listed in this section are critical to the success of the project. These items will be used in evaluating and scoring the proposal. Vendor proposals should address items in this section in enough detail to provide evaluators with an accurate understanding of vendor capabilities. Proposals that fail to sufficiently respond to these items may be considered non-responsive.

CONTRACT FORM. The State strongly prefers vendors agree to the terms of the attached Contract Form as is. The ability to agree to contract terms is a high priority to the State. Vendors who cannot agree to the contract as is must include a redlined Word version of the attached Contract Form with their proposal response. To the extent a vendor has prior contractual dealings with the State, no assumption should be made that terms outside those provided herein have any influence on this project.

INSURANCE SCHEDULE

The State strongly prefers vendors agree to the terms of the attached Insurance Schedule as is. Vendors who cannot agree must explain which areas are causing non-compliance and attach a red line if necessary.

The awarded vendor shall maintain, for the duration of the contract, insurance coverage as set forth in the fully executed contract.

Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverage.

Failure to maintain any required insurance coverage or acceptable alternative method of insurance shall be deemed a breach of contract.

VENDOR BACKGROUND

Company background/history and why vendor is qualified to provide the services described in this solicitation.

Provide a brief description of the length of time vendor has been providing services described in this solicitation to the public and/or private sector.

VENDOR STAFF RESUMES

A resume shall be included for each proposed key personnel, see Proposed Staff Resume.

A resume shall also be included for any proposed key subcontractor personnel.

SUBCONTRACTORS

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this solicitation. This does not include third parties who provide support or incidental services to the contractor.

The proposal should include a completed Vendor Information Response form for each subcontractor.

Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

Vendor proposal shall identify specific requirements of the project for which each subcontractor shall perform services.

How the work of any subcontractor(s) shall be supervised How channels of communication shall be maintained How compliance with contracts terms and conditions will be assured Previous experience with subcontractor(s)

VENDOR FINANCIAL INFORMATION

The information requested in this section is designated as confidential business information by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant to NRS 333.333.

This information should be submitted as a separate attachment, flagged as confidential in NevadaEPro.

Proposing vendor shall provide the following financial information and documentation:

Dun and Bradstreet Number Federal Tax Identification Number For A Two-Year Period:

1. Concession Development/Start-up Cost Estimate

2. Statement of Financials

BUSINESS REFERENCES

The information requested in this section is designated as confidential business information by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant to NRS 333.333.

Vendors shall provide a minimum of three (3) business references from similar projects performed for private and/or public sector clients within the last five (5) years, see Reference Questionnaire.

The purpose of these references is to document relevant experience and aid in the evaluation process.

Business references should return Reference Questionnaire directly to Single Point of Contact via email.

Business references will not be accepted directly from proposing vendor.

Business references shall not be requested from the soliciting agency.

The State will not disclose submitted references but will confirm if a reference has been received.

The State reserves the right to contact references during evaluation.

SUBMISSION CHECKLIST

This section identifies documents that shall be submitted to be considered responsive. Vendors are encouraged to review all requirements to ensure all requested information is included in their response.

Proposals must be submitted as a Quote through NevadaEPro, https://NevadaEPro.com.

Vendors are encouraged to submit a single file attachment per proposal section if possible.

Technical proposal information and Cost proposal information shall not be included in the same attachment.

Cost proposal attachment shall not be flagged as confidential in NevadaEPro.

Additional attachments may be included but are discouraged and should be kept to a minimum.

TECHNICAL PROPOSAL

Title Page Table of Contents Response to Mandatory Minimum Requirements Response to Critical Items Response to Scope of Work Proposed Staff Resumes Other Informational Material

PROPRIETARY INFORMATION. If necessary. The attachment should be flagged confidential in NevadaEPro.

Title Page Table of Contents Trade Secret information, cross reference to the technical proposal.

COST PROPOSAL

VENDOR FINANCIAL INFORMATION. The attachment should be flagged confidential in NevadaEPro.

SIGNED ATTACHMENTS

Vendor Information Response Vendor Certifications Confidentiality and Certification of Indemnification Certification Regarding Lobbying

OTHER ATTACHMENTS. If necessary, not recommended.

REFERENCE QUESTIONNAIRES. Not submitted directly by vendor.

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