024-5 Wyo. Code R. §§ 5-1 - General Program Administration

(a) Throughout Wyoming's parks and historic sites, concession opportunities will arise. However, before an RFP is prepared by the Division, the decision must be made whether the proposed concession operation is appropriate and compatible for the park or site. Two important items to consider if a Concession is appropriate or compatible include monetary advantages to the state and the Park Master Plan when applicable. Other contributing factors that may be considered include public demand, whether the operation contemplated is within the Division's scope of management, and whether the proposal will enhance visitor services while maintaining and conserving the park's resources and environment. Other concerns are:

(i) Legality.

(ii) Liability.

(iii) Budgetary constraints.

(b) Once the decision has been made to proceed, the Division Director will request an RFP be prepared. Proper and complete preparation is essential to receive a quality, correct, and comprehensive offer from all potential Concessionaires. The Division Director, Superintendent of the affected park and other staff members as assigned will assist in the development and advertisement of the RFP and comply with the state bid procedure.

(c) The RFP will afford applicants a fair and equal opportunity to compete in the bidding process.

(i) RFP information and advertisement should include some or all of the following:

(A) The exact location will be described.

(B) The description should concisely detail the physical characteristics of the property.

(C) How the Division's goal to improve visitor services, or other park management needs will be addressed through the establishment of the proposed concession operation.

(D) Identify the parties to the agreement, i.e., State of Wyoming and Concessionaire.

(E) A supporting information package will be provided upon request of the Division to include but not be limited to a standard contract document.

(d) A section of the RFP will describe the most significant parts of the proposed concession agreement and will explain the procedures for submitting a response to the RFP, give important dates and times and describe the procedures by which the agreement will be awarded. The state's right to reject proposals will also be explained.

(e) Length of advertisement time for a RFP shall not be less than fourteen (14) calendar days. A 30-60 day time period is preferable and the time may be shortened or lengthened. In no case will the time cycle be shortened to reduce competition. In order to accomplish the objective a notice for a RFP will be advertised in a state-wide newspaper and a local newspaper located near the proposed concession site.

(f) RFP's will be distributed to all interested persons or parties who request them. A bid RFP bond is required. A list of insurers is to be included in the information package.

(g) RFP openings and registration of the Concessionaires will be administered by the Division according to state policy.

(h) A Division Committee will be appointed to evaluate all RFP's received. The respective Park Superintendent will be on the committee as well as others appointed by the Division Director. When feasible, a Parks and Cultural Resources Commissioner will be asked to serve on this committee.

(i) Various factors will be evaluated and scored for each proposal. Evaluation factors will include:

(A) Ability to finance.

(B) Credit history.

(C) Management experience.

(D) Past performance of bidding Concessionaire to provide a quality service.

(E) Revenue provided to the State of Wyoming.

(F) Proposed additional concession services (if applicable).

(i) The Commission will review all proposals and the Division's recommendation to the Department Director. Final and written approval will be made by the Department Director.

(j) RFPs received after closing or via facsimile or any other electronic means shall be rejected and returned. Documentation including date and time of receipt and date and time of return will be recorded.

(k) When reviewing the RFPs, if a mistake has been made, information has been omitted or all the forms have not been filled out in their entirety, the bid will be rejected.

(l) The contract will be awarded based on managerial competence, conformance to the terms of the RFP in relation to quality of service, financial ability and return to the state above base bid amount. If insufficient information is presented to allow complete evaluation and scoring of the overall ability of the proposed Concessionaire, the proposal will be rejected.

(m) The state reserves the right to reject any and all bids.

(n) Information and forms will be provided in the RFP.

Notes

024-5 Wyo. Code R. §§ 5-1