RFP Document.pdf

STATE OF SOUTH DAKOTA

OFFICE OF PROCUREMENT MANAGEMENT

523 EAST CAPITOL AVENUE

PIERRE, SOUTH DAKOTA 57501-3182

South Dakota’s America 250 Mount Rushmore Fireworks Celebration

PROPOSALS ARE DUE NO LATER THAN 5:00 PM CST, FEBRUARY 20, 2026

RFP #: #26RFP18801

STATE POC: Wanda Goodman Email: Wanda.Goodman@TravelSouthDakota.com

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1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The State of South Dakota (State) is seeking proposals from qualified Contractors to provide all materials and services necessary to produce an innovative, dynamic, and safe America 250 Independence Day aerial fireworks display at Mount Rushmore National Memorial on July 3, 2026, in accordance with the terms, conditions, and specifications contained in this Request for Proposals. The display should be inclusive of articles pyrotechnic only, with no inclusion of drones or other aerial devices used for light shows.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The South Dakota Department of Tourism is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota.

The reference number for the transaction is #26RFP18801. This number must be referred to on all proposals, correspondence, and documentation relating to the

RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication January 5, 2026 Deadline for Scheduling of Site Visits January 12, 2026, by 5 p.m.

CST

Deadline for Completion of Site Visits January 26, 2026 Deadline for Submission of Written Inquiries February 2, 2026, by 5 p.m.

CST

Responses to Offeror Questions February 9, 2026 Proposal Submission February 20, 2026, by 5 p.m. CST Oral Presentations/discussions (if required) Week of March 2, 2026 Anticipated Award Decision/Contract Negotiation

Week of March 9, 2026

1.4 SITE VISITS

Site visits to Mount Rushmore National Memorial are not required but will be allowed up until January 26, 2026. To schedule a visit, offerors should contact Wanda Goodman at wanda.goodman@travelsouthdakota.com or 605-280-1262 by end of business on January 12, 2026.

mailto:wanda.goodman@travelsouthdakota.com

1.5 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the South Dakota Department of Tourism by the date and time indicated in the Schedule of Activities (5:00 p.m.

CST, February 20, 2026).

Proposals received after the deadline will be late and ineligible for consideration.

An original and five identical copies of the proposal shall be submitted.

The cost proposal must be in a separate sealed envelope and labeled “Cost Proposal”.

All proposals must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected. The sealed envelope must be marked with the appropriate RFP Number and Title.

The words “Sealed Proposal Enclosed” must be prominently denoted on the outside of the shipping container. Proposals must be addressed and labeled as follows:

REQUEST FOR PROPOSAL #26RFP18801

PROPOSAL DUE FEBRUARY 20, 2026

BUYER WANDA GOODMAN

SOUTH DAKOTA DEPARTMENT OF TOURISM

711 EAST WELLS AVENUE

PIERRE SD 57501

All capital letters and no punctuation are used in the address. The Department of Tourism address as displayed should be the only information in the address field.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.7 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.8 RESTRICTION OF BOYCOTT OF ISRAEL

For Contractors, vendors, suppliers, or sub-contractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and sub-contractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or sub-contractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any

Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Email inquiries must be sent to Wanda Goodman at Wanda.Goodman@TravelSouthDakota.com with the subject line “RFP

#26RFP18801”.

The State will respond to offeror’s inquiries (if required) via email. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.12 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. Pricing and service elements are not considered proprietary. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 LENGTH OF CONTRACT

The anticipated length of the contract is approximately FIVE (5) months. The contract will commence on approximately March 16, 2026, and end on August mailto:Wanda.Goodman@TravelSouthDakota.com?subject=RFP%20%231936

14, 2026, with customary provisions for early termination based upon performance.

1.14 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota shall govern this transaction.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement shall commence on approximately March 16, 2026, and end on August 14, 2026, unless sooner terminated pursuant to the terms hereof.

2.3 The Contractor will not use State equipment, supplies or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax

Identification Number or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount up to, and not to exceed, $500,000. The State will not pay Contractor’s expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26.

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees.

2.6 The Contractor, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability

Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

The Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. The Contractor shall also add South Dakota state employees, officers, and assigns as additional named insureds. The Contractor shall also add Department of Interior and National Park Service employees, officers, and assigns as additional named insureds. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor shall furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent

Contractor and not an officer, agent, or employee of the State of South Dakota or the National Park Service.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability.

Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is effected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use sub-contractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its sub-contractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its sub-contractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to Wanda Goodman on behalf of the State, and by an authorized designee on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

3.0 PROPOSAL REQUIREMENTS, COMPANY QUALIFICATIONS, AND SCOPE OF WORK

The Contractor shall design and furnish a custom Aerial Fireworks Display (Display) at Mount Rushmore National Memorial, permitted by the National Park Service. The Display shall consist of a grand opening, aerial and/or proximate pyrotechnic display and grand finale. The Display should be inclusive of articles pyrotechnic only, with no inclusion of drones or other aerial devices used for light shows. The Display to be provided by the vendor shall include all labor, equipment, materials and other miscellaneous items necessary to provide a first-class aerial firework display, and includes transportation, set-up, firing, and clean-up of the area. The offeror shall provide all services in a professional manner by trained, certified, and qualified employees. The offeror shall have primary responsibility for safety.

The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

Offeror's Contacts: Offerors and their agents (including sub-contractors, employees, consultants, or anyone else acting on their behalf) must direct all their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

The offeror may be required to submit a copy of their most recent audited financial statements upon the State’s request.

3.1 COMPANY BACKGROUND AND STAFF

3.1.1 Provide a brief summary of the history of your company, including the number of years of pyrotechnic experience and a list of past pyrotechnic shows you have produced in the last five years.

3.1.2 Provide the resume of the Chief Pyrotechnic to be assigned to this display.

3.1.3 Provide the number of people who will be assigned to this display, and their qualifications.

3.2 REFERENCES

3.2.1 Provide the following information related to at least three previous and current service/contracts, performed by the offeror’s organization, which are similar to the requirements of this RFP. Provide this information for any service/contract that has been terminated, expired or not renewed in the past three years.

a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

b. Dates of the service/contract; and

c. A brief, written description of the specific prior services performed and requirements thereof.

3.3 THE SHOW DESIGN PROCESS

3.3.1 The State of South Dakota and the Contractor will collaborate to design the Display using the most cost-effective means by limiting the need for travel to South Dakota. There will be a need for an initial meeting between the prime Contractor and the State to discuss ideas using the information from the Contractor’s proposal as well as for the State to lay out the minimum requirements by which the Contractor shall abide. After the initial meeting, the Contractor and the State may converse and discuss refining ideas by telephone, email and web meeting.

3.3.2 The Display may be influenced by a host of community leaders, government officials, corporate sponsors and a team of creative National Park Service (NPS) and State of South Dakota employees who will be coordinating the event. If there are any changes as a result of outside influences, these changes will be coordinated by the State team through a Contracting Officer (CO). As outside influences dictate, the State may request that the Contractor make major revisions to the requirements and undertake many design evaluation processes. Therefore, the Contractor must be flexible, innovative and adaptable to changing situations. The Contractor may be called upon for professional information and guidance to aid the State team. Also, the Contractor must be able to work and cooperate with other Contractors and vendors.

3.4 FIREWORKS

3.4.1 Fireworks are to be conducted in support of and in conformance with the current requirements of National Park Service regulations, 36 CFR 2.38- Explosives and Guideline 53, Appendix 10, Exhibit 1, Special Park Uses:

Special Events: Fireworks Displays; ANSI / NFPA 1123, Outdoor Display of Fireworks; NFPA 1124, Manufacture, Transportation and Storage of Fireworks; NFPA 1126, Pyrotechnics Before a Proximate Audience; and applicable requirements for the State of South Dakota and the Black Hills Forest Fire Protection District, which include SDCL 34-37 Fireworks and SDCL 34-35 Range and Forest Fire Prevention.

3.4.2 The display should be inclusive of articles pyrotechnic only, with no inclusion of drones or other aerial devices used for light shows.

3.4.3 The State requires a firework display program, the objective of which shall be to create a spectacular, continuous, aerial fireworks display at Mount Rushmore National Memorial. To achieve this objective safely, the Contractor must become familiar with and adhere to the following exhibits in the appendix. Any proposed deviation from these exhibits must be raised to the State and NPS for discussion prior to award.

Exhibit A – Mount Rushmore Fireworks & Pyrotechnics Code & Best Practices Evaluation Exhibit B – Additional considerations for Mount Rushmore Fireworks Contractor/operator Exhibit C – Code recommendations and permit requirements

3.4.4 This event is recognized as one of the nation’s premier America 250 events. Accordingly, the Display must reflect a patriotic theme in honor of Independence Day, with a distinctive emphasis on the America 250 celebration.

3.5 MUSIC

3.5.1 The Display shall be choreographed to music that is upbeat, contemporary and patriotic, and be choreographed so that the Display complements the music. The music will be selected in conjunction with and approved by the State. The music for the show should be available in a digital medium that can be simulcast through an outdoor performance sound system. The Contractor must acquire any necessary usage and broadcast rights for any music used during the Display. The music should be mixed in accordance with industry standards, utilize fade in/out where appropriate, music styles and tempos should be complementary as they transition (should not be abrupt), and the music should have a seamless and logical flow from beginning to end. At least four backup versions of the audio music files must be made available to the State in a digital format. The music selection will be based on final determination of a submitted sample, by the designated State representative.

3.6 PERFORMANCE REQUIREMENTS

3.6.1 The length of time for the July 3 Display shall be no less than 20 minutes and no more than 30 minutes of continuous firing.

3.6.2 The Display shall include enough shells and other articles pyrotechnic to fill at least a 20-minute display period. Shells, mortars and other articles pyrotechnic shall follow the recommendations and restrictions brought forth in exhibits A and B, unless expressly permitted by the NPS.

Innovation and creativity on the part of the Contractor, contributing to the enhancement of the program, is encouraged.

3.6.3 Shells shall be distributed within the following segments: opening, main body, and finale, as requested by the State. Criteria for the show design will include the addition of color, variety and specialty shells.

3.6.4 Aerial fireworks shall be constructed of 100% biodegradable casings, tapes, glues and strings (paper, cardboard, wheat paste, cotton, flax, etc.).

3.6.5 Contractor will be required to provide Safety Data Sheets (SDS) for chemicals used in the park.

3.6.6 Substitutions shall not be made after award of the contract unless approved by the CO. Failure to provide exact brand, size, effect, country of origin, date of manufacture and quantity of shells as submitted in the final proposal may result in reduction in payment. Shells of a lesser value shall not be accepted unless approved by the CO.

3.7 OPERATIONAL SET UP

3.7.1 The Contractor shall be responsible for the complete installation and cleanup of the display and supplying all necessary material in connection therewith.

3.7.2 The Contractor shall be responsible for transportation and installation of fireworks to the final launch location. This includes securing any additional Contractors, sub-Contractors, technical experts, or specialized equipment necessary to ensure the safe placement of the fireworks. Final installation plan is subject to approval by the State of South Dakota and the National Park Service.

3.7.3 The Display shall be conducted in accordance with current: NFPA 1123, 1124, and other applicable codes of the National Fire Protection Association. The Contractor shall inform the CO of any deviations from NFPA 1123, 1124, and/or other applicable NFPA codes, or the suggested actions and specifications as listed in these guidelines. This modification shall be made if deviations occur in the original proposal and at any time after award.

3.7.4 Mortars shall be installed in heavy duty above ground, square tube metal frame mortar rack holders in accordance with current NFPA standards and as described on page 115 of Exhibit A, unless otherwise expressly permitted by the NPS.

3.7.5 No direct attachment to natural stone, vegetation, or infrastructure will be allowed, unless expressly permitted by the NPS.

3.8 FIREWORKS AREA

3.8.1 A proposed layout based on the approved launch sites in Exhibits A and B shall be included with the offeror’s proposal. The fireworks launch sites shall be limited to the areas specified by the information in Exhibits A and B.

3.8.2 Should the State change the fireworks area, the final layout diagram will be provided to the Contractor by the CO.

3.8.3 The Contractor must submit for the approval of the CO, diagrams showing final layout at the fireworks area specified by exhibits A and B, indicating placement of mortars and plans showing construction details of mortar racks or mortar boxes and diagrams of electrical circuits from the power source to the electric matches.

3.8.4 No permanent changes shall be made to the area used as a firework launch site.

3.9 MORTAR SEPARATION DISTANCES

3.9.1 The safety zone surrounding the fireworks area for all aerial displays shall be a minimum of the current NFPA 1123, as applicable, for recommended distances from the various shell sizes to the edge of the display site. The State and NPS shall provide Contractor with maps of spectator viewing areas and bulk fuel storage locations to be considered in determining minimum separation distance analyses.

3.10 PERFORMANCE TIME

3.10.1 The fireworks display shall commence at approximately 9:45 p.m., July 3, 2026, unless otherwise stated by the CO. The exact firing time and command shall be given by the CO or Contracting Officer’s Representative (COR) onsite.

3.10.2 In the event of inclement weather, the display will be cancelled and not rescheduled. The decision to cancel the display shall be made by the State and NPS Incident Command Team, based on a go/no go decision document. An Incident Commander will be on site to communicate this decision.

3.10.3 In the event the display is cancelled due to circumstances beyond the NPS’ or State’s control, the Contractor shall be notified through the CO, COR or Incident Commander.

3.11 CONTRACTOR REQUIREMENTS

3.11.1 Once a contract has been issued, the Contractor is required to provide the performance bond for 100 percent of the price. Then the Contractor is to provide the remaining deliverables for the show. Throughout the life of the contract the State may adjust the show.

3.11.2 Prospective offerors shall include, in their proposals, options for delivery, storage, set-up and execution of the fireworks. Additionally, all offers shall include proposals for cleaning debris resulting from the explosives from Mount Rushmore National Memorial and the debris field/fall-out area.

3.11.3 Identify the number of personnel and associated labor costs for

Contractor-provided staff to perform inspection (a.k.a. “sweep”) and reporting to the NPS of unexploded ordnance of lack thereof of specified areas immediately following the conclusion of the display. Performance of this inspection and reporting must meet NPS requirements for providing clearance to the public watching the display to use area roadways and pedestrian walkways to leave the affected areas of concern. A second inspection and reporting may be performed of designated areas the next day during specified daylight hours.

3.11.4 The Contractor shall gather any other trash and debris generated by the

Contractor’s personnel or activities and place in appropriate trash containers.

3.11.5 The Contractor shall provide enough trained and rested employees to commence cleanup of Mount Rushmore National Memorial following the conclusion of the display so that the Memorial can be opened to the public the morning following the firing of the display.

3.11.6 Launch site(s) shall always be kept free of litter and debris.

3.11.7 No hazardous materials or hazardous waste shall be disposed of as refuse. The Contractor is responsible for the proper removal of hazardous materials/waste from the site.

3.11.8 Debris and litter shall be picked up in the launch site(s). No litter and debris shall be on the grounds at the end of each set-up day.

3.11.9 The Contractor shall return the site condition to as it was prior to taking control of the area.

3.11.10 All cleanup efforts shall be completed within five (5) days of the show or as directed by the CO.

3.12 TRANSPORTATION OF FIREWORKS

3.12.1 The transportation of fireworks shall be in compliance with NFPA 1124, applicable regulations of the U.S. Department of Transportation, 41CFR, Part 170-189 and Part 390-399, and all state and local motor vehicle laws and regulations applicable to the area through which the fireworks are transported. Any person importing, manufacturing for commercial use, dealing in, transporting or causing to be transported, or otherwise receiving display fireworks must obtain an ATF Federal explosives license or permit for the specific activity. Contractor would need a valid FEL to move fireworks. The State Fire Marshall’s Office works closely with ATF in this regard and can verify compliance as necessary.

3.13 STORAGE

3.13.1 The NPS and the State will work with the Contractor to determine the date to bring live loads into Mount Rushmore National Memorial, as well as the appropriate route. Upon entering the Memorial, vehicle operators shall be responsible for the safety of the fireworks and all related equipment.

Appropriate site security should be provided by the Contractor.

3.13.2 The number of vehicles allowed on site will be kept to a minimum. The

Contractor shall provide the number of vehicles needed on site and storage plans for surplus vehicles.

3.14 PERMITS

3.14.1 Pursuant to SDCL 34-37-13. Permit for use of display fireworks at event--Purchase and use requirements--Violation as misdemeanor.

Nothing in this chapter prohibits the use of display fireworks at a public or private event. A person using display fireworks at a public or private event shall obtain a permit from the governing body of the municipality, township, or county where the display fireworks are to be used. Display fireworks may only be purchased from a wholesaler licensee. Use of display fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1123, 2018 edition. A violation of this section is a Class 1 misdemeanor.

3.14.2 An NPS Special Use Permit and a Black Hills Forest Fire Protection

District permit are required for the event. Materials to support the State’s permit request are due to the State within 30 days of the award. The State and Contractor will work with the NPS and the District collaboratively to develop and refine the special use permit.

3.14.3 All special use permit materials must be provided no later than 60 days in advance of the event date.

3.15 GENERAL REQUIREMENTS

3.15.1 The Contractor shall comply with all safety and regulatory requirements and inspections of the National Park Service (NPS), U.S. Department of Transportation (USDOT), U.S. Alcohol, Tobacco, and Firearms (ATF), National Fire Protection Association (NFPA), State of South Dakota (State), U.S. Occupational Safety and Health Administration (OSHA), and other agencies with jurisdiction. Safety also includes collaborating with the NPS to protect park resources during all aspects of the Contractor’s performance under the contract.

3.15.2 The Contractor shall provide necessary safety equipment/material and transportation and security for the fireworks. Fire extinguishers shall be in plain view when live loads are on-site. The number, type and size of fire extinguishers shall be adequate to the size of the display as determined by the State Fire Marshall and current NFPA 1123 and 1124. Vehicles used to transport/store fireworks, shall be placarded in accordance with DOT 49 CFR requirements.

3.15.3 The Contractor shall be responsible for the cleanup of the launch site(s) and the entire safety zone, to include: cleanup of shell fragments to include cardboard, plastic, burned time fuse, expended components; bits of fuse, string, tape, plastic, aluminum foil; nails, wood, sand; and all hazardous materials associated with the display located in the discharge site and safety zone.

3.15.4 The Contractor shall abide by all applicable Federal, State, county, and local laws and regulations pertaining to display fireworks.

3.15.5 The Contractor shall comply with all current local and federal codes, rules and regulations, and shall ensure all current OSHA, NFPA, and industry standards are met.

3.15.6 In addition to Personnel Protective Equipment required during the firing of the display by provisions of NFPA 1123, all Contractor employees and all NPS personnel performing duties in the launch site will wear NFPA 1123 approved safety equipment.

3.15.7 Contractor will provide maps of fallout/standoff zones.

3.16 PROHIBITIONS

3.16.1 The State and NPS Incident Command Team will have in place a Go/No-

Go plan for whether to present the Display.

3.16.2 The State will not authorize any advanced payments to the Contractor for the financing of the purchasing of the supplies needed for the contract.

3.16.3 All administrative support for the Contractor’s personnel, as required to fulfill the tasks assigned under this contract, shall be the responsibility of the Contractor.

3.16.4 Under no circumstances will any aspect of the composition of the show itself be an endorsement or advertisement for the Contractor or any of the Contractor’s affiliates or sub-contractors.

3.16.5 Upon award, the Contractor will be required to sign a non-disclosure agreement.

4.0 PROPOSAL RESPONSE FORMAT

4.1 An original and five copies shall be submitted.

4.1.1 In addition, the offeror should provide one (1) copy of their entire proposal, including all attachments, in PDF electronic format. Offerors may not send the electronically formatted copy of their proposal via email.

4.1.2 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

4.1.3 Proposals shall be no more than 30 pages in length.

4.2 All proposals must be organized and tabbed with labels for the following headings:

4.2.1 RFP Form. The State’s Request for Proposal form completed and signed.

4.2.2 Executive Summary. The one- or two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this section.

4.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

4.2.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations.

4.2.3.2 A specific point-by-point response, in the order listed, to each requirement in the RFP. The response should identify each requirement being addressed as enumerated in the RFP.

4.2.3.3 A clear description of any options or alternatives proposed.

4.2.4 Cost Proposal. Cost will be evaluated independently from the technical proposal. Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

The cost proposal must be submitted in a separate sealed envelope labeled “Cost Proposal” as outlined in section 1.5 of this RFP.

See section 6.0 for more information related to the cost proposal.

5.0 PROPOSAL EVALUATION AND AWARD PROCESS

5.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

5.1.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

5.1.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project;

5.1.3 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

5.1.4 Availability to the project locale;

5.1.5 Familiarity with the project locale;

5.1.6 Proposed project management techniques;

5.1.7 Ability and proven history in handling special project constraints; and

5.1.8 Cancellation policy

5.2 Experience and reliability of the offeror's organization are considered subjectively in the evaluation process. Therefore, the offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

5.3 The qualifications of the personnel proposed by the offeror to perform the requirements of this RFP, whether from the offeror's organization or from a proposed sub-contractor, will be subjectively evaluated. Therefore, the offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

5.4 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

5.5 Award: The requesting agency and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

5.5.1 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the Contractor. The agency may then negotiate with the next highest ranked Contractor.

5.5.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached, or the agency terminates the contracting proces

6.0 COST PROPOSAL

Below is a basic COST PROPOSAL to guide you as you prepare costs for the various components of the RFP. Please know that you can modify your cost proposal however you wish to fit your overall responses.

• Cost of staff time

• Cost of pyrotechnic materials and shells

• Cost of additional supplies

• Transportation costs

• Cancellation fees

• Additional costs not specified here

7.0 SCORING CRITERIA FOR EVALUATION OF WRITTEN PROPOSALS

7.1 Creativity and innovation

7.2 Personnel experience

7.3 Example of product

7.4 Understanding of, and familiarity with, the project locale

7.5 Cost of services

7.6 Philosophy and Methodology of services

7.7 Financial stability

7.8 References

7.9 Cancellation Policy