571—14.3(461A) Bidding process.
	14.3(1) Proposals. Persons interested in operating a concession in a state park or recreation area shall submit a proposal in the format requested in the request for proposals. It is the bidder’s responsibility to inspect the area proposed for concession operation and be fully aware of the condition and physical layout of the area. The proposal shall also include an explanation of any proposed operation not mentioned in the request for proposals. Concession facilities shall be bid on an “as is” basis unless the department agrees in writing to undertake certain improvements.
	a. 	The department reserves the right to reject any or all bids.
	b. 	If no bids are received for a concession operation, the department may:
	(1)	Readvertise for bids; or
	(2)	Contact interested persons and attempt to negotiate a contract; or
	(3)	Determine that there will be no concession operation in that particular area that year.
	14.3(2) Vending machines.
	a. 	Placement of vending machines in state parks and recreation areas shall not be subject to the advertising and bidding process established by this chapter.
	b. 	Vending machines may be placed in state parks and recreation areas only by the publisher or distributor of the newspaper to be sold, the distributor of the soft drink to be sold in the machines, or by private vending machine companies.
	c. 	Companies placing vending machines in state parks and recreation areas must submit a proposal to the department that states the location, number, and type of vending machines to be placed; the price(s) that will be charged to the public; and the proposed fee or commission to be paid to the state.
	d. 	Any fees or commissions to be paid by the vendor to the state shall be paid directly to the department’s central office in Des Moines, Iowa.
	e. 	The department will not install new electrical lines, concrete pads, or any other items needed to enable installation of vending machines.
	14.3(3) Firewood sales.
	a. 	Firewood sales contracts shall not be subject to the advertising and bidding process established by this chapter.
	b. 	Persons interested in selling firewood in a state park or recreation area that has no other concessionaire, or if the concessionaire has declined the opportunity to sell firewood, shall submit a request to the department that identifies the area(s) where the firewood would be sold, the price to be charged to the public, and the proposed fee or commission to be paid to the state.
	c. 	All firewood sold or distributed in state parks and recreation areas shall be accompanied with a firewood label that meets labeling requirements identified in rule 21—46.16(177A).
	d. 	All firewood that originates from a quarantined area and that is sold or distributed in state parks and recreation areas must be certified by the United States Department of Agriculture to show that the firewood has been processed or treated according to applicable federal regulations.
	14.3(4) Friends group or organization.
	a. 	Concession contracts with a friends group or organization, as defined in rule 571—14.1(461A), in state parks and recreation areas shall not be subject to the advertising and bidding process established by this chapter.
	b. 	A friends group or organization shall submit a proposal to operate a concession operation at a particular state park or recreation area. The proposal shall state the services to be provided, the proposed hours of operation, and proposed staffing.
	c. 	All net proceeds from the sale of merchandise and other concession services shall be spent on state park or recreation area improvement projects.
[ARC 7892C, IAB 5/1/24, effective 6/5/24]