571—14.2(461A) Advertising or notice procedure.
	14.2(1) New concession.
	a. 	Advertising. When the department desires to obtain a new concession operation to offer multiple concession services in an area, the department shall advertise the request for proposals on the targeted small business website and the department’s requests for proposals website. The department shall advertise a notice for the request for proposals in one newspaper of statewide circulation and in at least one newspaper designated by the county to be used for official publications in the county in which the state park or recreation area is located.
	b. 	The notice shall state the following:
	(1)	The names and location of the area(s) in which concession operations are available.
	(2)	The general types of services the department would expect a concessionaire to furnish.
	(3)	How to obtain the request for proposals information.
	(4)	The deadline for submission of proposals to the department.
	c. 	The department shall allow a minimum of 15 days between the date of publication of advertisements and the deadline for submission of proposals.
	d. 	The request for proposals shall include the following information:
	(1)	A scope of work that contains detailed information regarding the types of services expected to be offered by the concessionaire and the history of the gross receipts reported for the previous five operating years by the prior concessionaire (if applicable); bid terms acceptable to the department; the name, address, and telephone number of the person to contact regarding the request for proposals; and the date and time by which the proposals must be received by the department.
	(2)	A map of the park in which the concession operation is proposed.
	(3)	A sample of the contract the successful bidder will be expected to sign.
	(4)	Samples of report forms that the concessionaire must submit to the department while the concession is in operation.
	14.2(2) Renewal of existing concession operation.
	a. 	The department may, at its option, mutually agree with the concessionaire to renew a contract during or at the end of its term. A concessionaire may request renewal during the term of a contract after a minimum of three years of concession operation and a minimum of six months prior to expiration of the existing contract. The provisions of the renewal contract shall be negotiated between the department and the concessionaire. Should either party choose not to renew the contract, appropriate notice shall be sent to the other party four months prior to the expiration date of the existing contract, and the department may advertise for bids in accordance with this chapter.
	b. 	The department shall publish a notice of intent to renew a concession contract that has been negotiated in accordance with paragraph 14.2(2)“a.” The notice shall be published in the same manner as provided in paragraph 14.2(1)“a” and shall solicit public comments regarding the renewal.
	c. 	The department director shall, upon review of comments received, determine whether to solicit bids or proceed with the renewal of the existing contract and shall notify the concessionaire of the decision in writing. If the director denies the renewal request, the existing concessionaire may request a contested case proceeding pursuant to Iowa Code chapter 17A.
[ARC 7892C, IAB 5/1/24, effective 6/5/24]