Request for Proposals Fontana Village Resort Operation

The Tennessee Valley Authority (TVA) is providing this Request for Proposal (RFP) to solicit Proposals (as defined below in “Resort and Services”) from qualified candidates to develop, operate, and maintain Fontana Village Resort (Resort), a resort in Graham County, North Carolina, under a commercial recreation easement.

TVA Background

TVA is the nation’s largest public power provider and is a wholly owned government corporation.  TVA was created by the Tennessee Valley Authority Act of 1933, as amended, 16 U.S.C. §§ 831-831ee, to foster the social and economic wellbeing of the residents of the Tennessee Valley area through the proper use and preservation of the region’s resources.  Congress directed TVA to, among other responsibilities, provide for the national defense, improve navigation on the Tennessee River system, and control flooding.  As part of TVA’s regional resource mission, TVA provides electricity to more than nine million people in parts of seven states.  TVA generates electricity from a variety of energy resources including nuclear energy, fossil (coal and gas), hydroelectric dams, and renewable energy resources. 

More information on TVA is available at https://www.tva.gov/ and in TVA’s annual report on Form 10-K, available at https://tva.q4ir.com/financial-information/sec-filings/sec-filings-details/default.aspx?FilingId=14507892.

Resort and Services

TVA hereby invites Proposals from qualified candidates both to enter into a commercial recreation easement with an initial term of thirty years and develop, operate, and maintain the Resort pursuant to that easement during its term. The easement area extends over approximately 356 acres of land and includes, but is not limited to, a lodge (91 rooms), 124 cabins, 2 restaurants, a general store, swimming pools, multi-purpose sports fields/courts, a post office building, a gas station, a marina (60 boat slips; 18 floating cabin moorings), horse stables and trails, roads, maintenance buildings, gates, fences, kiosks, signs, lighting, utilities, vegetation, public trails and parking areas.  A prospectus of the operation is available here. To the extent there are any inconsistencies between the prospectus and this solicitation document, this solicitation document will control. For purposes of this letter and this solicitation, “Proposal” means any information that any offeror submits to TVA in response to this solicitation, including, without limitation: revisions, clarifications, “best and final” offers, assumptions, presentations, correspondence between TVA and an offeror, and responses to interview questions.

 

After evaluation of Proposals, TVA anticipates executing a commercial recreation easement and other potential ancillary agreements with one successful offeror.  The term “company” as used herein is inclusive of any type of legal entity, and shall not be read as limiting entity types.

 

Solicitation Schedule:

Issue RFPMay 3, 2021
Last date to submit questionsJuly 6, 2021, by 5:00 p.m. Eastern Time
Proposals DueAugust 2, 2021, by 5:00 p.m. Eastern Time
Interviews (if any) TBD
Award Date(s) (if any) TBD

 

All offerors are responsible for submitting Proposals, as well as any modifications or withdrawals to Proposals, by the Proposal Due date and time set forth above. Any Proposal or modification received by TVA after the Proposal Due date and time set forth above is late and TVA expressly reserves the right in its sole judgment not to consider such Proposal or modification thereto.

The Pre-bid Site Conference scheduled for Wednesday, May 19, 2021 @ 10:00 EDT has been rescheduled for Wednesday, June 2, 2021 @ 10:00 EDT.  The location remains the same - Fontana Village Resort, 300 Woods Rd, Fontana Dam, NC 28733

This change is necessary due to gas shortages, particularly in NC, and the relative remoteness of Fontana Village.  Although the pipeline has been re-opened, it may take a few weeks for the shortage to be mitigated.  Delaying this pre-proposal conference should give the situation time to resolve itself.

*Prospective offerors should report to the lodge. A TVA representative will escort you to the meeting location. 

Submission of Proposals

All proposals shall be submitted through PowerAdvocate.  Parties interested in submitting a proposal should contact the Project Manager, James Morse at jcmorse@tva.gov to request an invitation to access PowerAdvocate.  The subject line should include the following: Proposal In Response To Fontana Village Resort RFP.  An invitation/registration email will then be sent to your email address for access to this offering. Please check your junk mail box, as sometimes it gets routed as spam. You may access all RFP documents once you have gained access to the PowerAdvocate portal. If you experience problems with the registration portal on PowerAdvocate, please contact their technical hotline at 1-857-453-5800. Any correspondence about this RFP should be routed through the messaging portal on PowerAdvocate and responses will be shared with all invited offerors.

 

Decline to Bid: If a potential offeror elects not to submit a Proposal in response to this solicitation, please notify TVA in writing as soon as possible, but no later than the Proposal Due date, and return the solicitation and any associated documents received from TVA in connection with it. Also, please briefly state the reasons for declining to submit a Proposal.

 

Proposal Validity: Each offeror commits to TVA that any Proposal, including any constituent cost or pricing term, is and will remain valid for a period of 180 days from the Proposal Due date.

 

Required Signature: The Proposal must be signed by an authorized official of the offeror. The Proposal must include the name and title of a person authorized to negotiate on behalf of the offeror.

 

Further details and requirements regarding this solicitation and Proposals to be submitted in response to it are contained on the PowerAdvocate portal.  Thank you for your interest in working with TVA.

 

 

James Morse

Project Manager

Tennessee Valley Authority

 

106 Tri Cities Business Park Drive

WTR 1A-GRT

Gray, Tennessee 37615-3497

jcmorse@tva.gov

 

This solicitation is subject to the following terms and conditions:

 

1. Award, and Cancellation

1.1 Negotiations and Award

TVA may make an award resulting from this solicitation, or make no award, based on TVA’s evaluation of initial Proposals (meaning, without discussion, or after limited discussions or negotiations).

If TVA makes an award resulting from this solicitation, the award will be made to the offeror(s) whose Proposal is determined to be most advantageous to TVA. Accordingly, each offeror should submit each Proposal with the most favorable terms to TVA that the offeror can provide.

1.2 Informalities

TVA reserves the right in its sole judgment to waive informalities and minor irregularities in any Proposals received.

1.3 Separate Negotiations

TVA reserves the right in its sole judgment to negotiate separately with any offeror.

1.4 Reject Proposals and Cancel Solicitation

TVA reserves the rights in its sole judgment to: (i) reject any or all Proposals received as a result of this solicitation, (ii) cancel this solicitation at any time, and (iii) make no award under this solicitation.

 

2. Minimum Qualification Requirements

2.1 Minimum Qualification. 

Consideration will be given only to those Proposals that, in TVA’s sole judgment, demonstrate that the offeror has:

  1. Ten (10) years of experience in the operation and development of similar resorts or larger properties under management, unless TVA waives this qualification by selecting an offeror with fewer years of experience;
  2. Licensed to do business in the State of North Carolina.  Operating experience in the State of North Carolina is preferred, but not required; 
  3. Applicant and legal entity must possess the capitalization, net worth, and liquidity as determined by TVA to maintain the level of operations as deemed necessary for the long-term operation of the facility;
  4. Demonstrated ability to meet financial requirements for operation, management and development of a medium to large resort/hotel property;
  5. No prior bankruptcies and no prior liens, suits, judgments unless TVA, after being provided details regarding such lien, suit, or judgment, decides to include Offeror’s Proposal for consideration;
  6. Security Assurance. Cash or a letter of credit in the amount of $5 million will be required in order to ensure that rent payment obligations are fulfilled and the Easement Area is maintained in a clean, orderly, and sanitary condition and for the repair of any damage resulting from the removal of any improvements, structures, or equipment upon termination of an agreement, and in order to compensate TVA for any administrative costs incurred by TVA staff in pursuing these items.

 

3. Evaluation Criteria

3.1 Evaluation Factors

TVA’s objective is to select the most qualified operator to provide quality recreation services and facilities to the public. TVA will evaluate all Proposals based on which Proposal(s) is or are most advantageous to TVA. TVA also may consider additional evaluation criteria, such as the following:

  1. Experience and qualifications in developing, operating, and managing resorts, marinas and other commercial recreation or similar facilities. As part of its evaluation, TVA may investigate the qualifications, references, and facilities of any offeror, including an inspection of an offeror’s offices and facilities. By submitting a Proposal, the offeror hereby agrees to cooperate with TVA in conducting any such investigation. Further, each offeror agrees that TVA may perform:
       (a) Surveys or visits to the offeror’s offices and facilities; and
       (b) Pre-award cost audit, if applicable.
  2. Financial and operational capability to perform required services and meet minimum operation and maintenance standards.
  3. Type and quality of services proposed.
  4. Professional qualifications and experience of the offeror and references.
  5. Comprehensiveness and clarity of the submitted proposal.
  6. Proposed plans and development schedule for facility improvements and enhancements.
  7. Proposed annual operating plan (including required and optional services).
  8. Proposed fees charged to the public.
  9. Safety and risk mitigation (including insurance) including the ability to maintain the Resort in a safe condition, including compliance with building codes related to public health and safety.

TVA reserves the right to reject any and all Proposal(s) and to waive any technical defects in any Proposal(s). TVA will not be obligated to pay any costs incurred by an offeror in the preparation of Proposal(s). Any Proposal that includes any false information or misrepresentation will be rejected. Plans and materials submitted with Proposals will not be returned unless specifically requested by the offeror.

 

4. Evaluation of Proposals

4.1 Acceptable Proposals. 

  1. Proposals must contain the information requested, in the form required by this solicitation, and shall contain sufficient detail to enable TVA to understand the Proposal and perform a comprehensive analysis of it. Prior to evaluation, the Project Manager may review Proposals to determine compliance with preparation instructions, terms and conditions, and other administrative conditions. TVA may reject and decide not to consider any Proposal that fails to comply with the Project Manager’s stated requirements and the requirements stated in this solicitation.
  2. TVA also may evaluate each offeror(s)’ Proposal(s) based on each offeror’s financial condition and strength to support TVA’s requirements. TVA will not consider for award any offeror that does not (in TVA’s sole judgment) have the financial capabilities necessary to perform this solicitation’s scope of work.
  3. TVA will evaluate and rank each acceptable Proposal. During the evaluation of Proposals, TVA may use third party review in connection with TVA’s review and evaluation of Proposals.

4.2 Evaluation Process, Interviews, and Easement

  1. TVA may, in its sole judgment, request clarifications or conduct interviews with any offeror.
  2. TVA may conduct its evaluation in multiple rounds or stages.  TVA intends to provide a draft easement (and other ancillary instruments or contracts) to offeror(s) that advance past the initial RFP stage(s) for review and potential negotiation.  Failure of an offeror to agree to TVA’s terms and conditions may negatively impact that offeror’s evaluation score/rating.  
  3. TVA will consider only the offeror’s written application package and any past performance information obtained by TVA. During the evaluation process, the evaluation panel may contact any references, including all federal, state, and local entities that have had a business relationship with the offeror.  The evaluation panel also may consider past performance information from other sources.
  4. The evaluation panel will make a recommendation to the authorized officer as to which Proposal is most advantageous to TVA. The authorized officer will make the selection decision. All offerors will be notified of the successful offeror via certified mail.
  5. TVA will conduct a financial ability determination (FAD) on the selected applicant as a prerequisite to issuing an easement.
  6. TVA reserves the right to reject any and all Proposal(s).
  7. TVA reserves the right to rescind the prospectus at any time before an easement is issued. If TVA rescinds the prospectus, application fees will be returned.

5. Code of Conduct and Protocol

5.1 Supplier Code of Conduct

TVA is entrusted with use of public resources to perform a mission of public service, and must conduct all of its activities with a high level of integrity to maintain public confidence. TVA’s Supplier Code of Conduct applies to all individuals and organizations that supply services or materials to TVA, including managed task contractors, consultants, staff augmentation contractors, and vendors and their employees, agents, and subcontractors. TVA’s suppliers and contractors must share this TVA commitment to integrity, and educate all of their representatives involved in business with TVA to ensure they understand and comply with TVA’s Supplier Code of Conduct. The Code of Conduct will apply to offerors under this solicitation notwithstanding the fact that this solicitation is for issuance of an easement and not issuance of a supplier contract.

5.2 Certification Regarding Covered Persons

a.  Under TVA’s “Obtaining Things of Value from TVA” Protocol (Protocol), TVA undertakes special procedural rules with regard to the award of, among other things, any of the following transactions:

1.    Sole source contract with a monetary value of greater than $25,000.

2.    Transfer of an interest in real property held by TVA in the name of the United States.

3.    Transfer by TVA of surplus or excess property with a monetary value greater than $10,000.

b.  Specifically, when such transactions involve any of the following persons (each, a “Covered Person”) for his or her personal benefit:

1.    An elected government official.

2.    A policy-making level employee of an entity that regulates TVA or its activities.

3.    A management level employee of a power customer of TVA.

4.    A member of TVA’s Board of Directors.

5.    A TVA employee.

6.    An immediate family member of one of the above individuals.

c.  This Protocol also requires that an offeror identify whether a Covered Person stands to benefit if an award is made under one of the situations enumerated above. A copy of this Protocol is available at:  

https://tva-azr-eastus-cdn-ep-tvawcm-prd.azureedge.net/cdn-tvawcma/docs/default-source/default-document-library/site-content/information/supplier-connections/things-of-value-protocol.pdf?sfvrsn=8069b7e2_2.

d.  THE PROTOCOL REQUIRES THAT A REQUEST TO TVA FOR A THING OF VALUE (AS DEFINED IN THE PROTOCOL) AND COMMUNICATIONS THAT OCCUR WITH RESPECT THERETO MAY BE MADE PUBLIC AND COULD BE REVIEWED FORMALLY BY THE TVA OFFICE OF INSPECTOR GENERAL.

e.  Except as an offeror specifically has disclosed to the TVA Project Manager in writing prior to the Proposal Due date, each offeror certifies to TVA that:

1.  if the offeror is an individual, he or she is not a Covered Person, and

2.  if the offeror is a corporation or other entity:

a)  no person dealing with TVA for the offeror is a Covered Person, and

b)  no person who has a Financial Interest (as defined below) in the offeror is a Covered Person.

f.  For purposes of this solicitation Section, a person shall be deemed to have a Financial Interest in the offeror if the person holds more than a 10% ownership interest in the offeror, holds more than 10% of the outstanding indebtedness of the offeror, or holds a management-level position with the offeror.

5.3 Inquiries, Information, and Questions

a.  Offeror(s) must submit all inquiries and questions concerning this solicitation in writing and only to the PowerAdvocate system. Upon and after receipt of this solicitation, offeror(s) shall not contact any TVA personnel other than the Project Manager designated in this Solicitation for related information, questions, explanation, or detail.

b.  Any information furnished to an offeror concerning this solicitation will be furnished promptly to all other offerors if that information is necessary or if the lack of the information would be materially prejudicial to any other offeror. All such information shall be posted on the PowerAdvocate system.

c.  TVA is not and will not be bound by any oral explanations or instructions given to an offeror by TVA’s Project Manager with respect to this solicitation.

5.4 Pre-award Equal Opportunity Compliance Reviews

a.  Offerors may be subject to a review and/or a pre-award conference to determine compliance with Condition “Affirmative Action and Equal Opportunity” and the regulations issued pursuant to Executive Order 11246, as amended.

5.5 Cost of Proposal Preparation

a.  TVA will not pay or reimburse any offeror direct or indirect costs incurred in the development, submission, evaluation, or negotiation of its Proposal, and assumes no liability in connection with such Proposal-related costs.

5.6 Organizational Conflict of Interest

a.  Each offeror recognizes and agrees that if it provides specifications for follow-on or non-developmental work in its Proposal or otherwise as a result of this solicitation, it may, in TVA’s sole discretion, be prohibited from competing for or being awarded future TVA easements or contracts related to such specifications.

b.  An offeror must notify TVA in its Proposal if it has or had access to any non-public TVA information that: (i) is not available to competing offerors and (ii) could provide offeror an unfair competitive advantage. Upon such notification, TVA may disseminate the non-public information to any other offeror and allow each such offeror to amend its Proposal to take into account such non‑public information.

c.  By submitting its Proposal in response to this solicitation, each offeror warrants that, to the best of its knowledge and belief, and except as otherwise disclosed in its Proposal, there are no relevant facts that could give rise to an organizational conflict of interest (OCI). An OCI arises when: (i) an offeror is unable or potentially unable to render impartial advice or assistance to TVA, (ii) an offeror’s objectivity in performing work (if TVA awards it an easement related to this solicitation) is or might be otherwise impaired, or (iii) an offeror has an unfair competitive advantage. TVA reserves the right to take or direct offeror to take such steps as TVA deems appropriate in its discretion to eliminate, neutralize, or mitigate an OCI or the appearance of an OCI.

d.  TVA may disqualify an offeror from consideration for an award, or terminate any awarded easement for default, if the offeror fails to disclose a known OCI or act in accordance with TVA’s direction as to the elimination or mitigation of an OCI.

6. Submittal Requirements

6.1 Format and Style of Proposal

Each offeror’s ability to communicate clearly and succinctly and to organize its Proposal using the same order and format as stated and required by this solicitation will be a positive factor in TVA’s evaluation of the Proposal. Accordingly, the Proposal: (i) should not be unnecessarily voluminous and elaborate, and (ii) must be submitted in a form and format compatible with Microsoft Office software products.

6.2 Representative Work

Each offeror shall provide a list of representative transactions, responsibilities, or past work demonstrating its experience for the services offered.  Offerors must furnish a detailed description of their experience relating to operating and maintaining developed recreation sites (e.g., hotels, resorts, tourism destinations, events and marinas). The description must include experience in private business, public service, or any nonprofit or other related enterprises.

6.3 Organization of Proposal and Information Required

a.   The Proposal should be organized into the following sections:

1.   Introduction

a)   Identification of the individual(s) authorized to conduct negotiations on behalf of the offeror (include individual’s name, address, phone number, and email).

b)   Legal Entity – A statement indicating that the offeror is an individual, partnership, corporation, or other legal entity.  If the offeror is not an individual, the Proposal must state:

1)  Date the offeror incorporated or organized;

2)  Place where offeror incorporated or organized;

3)  The offeror’s principal place of business; and

4)   Names of all the offeror’s parent, affiliate, and subsidiary organizations.

c)   The Executive Summary (cover page, etc.) shall condense and highlight the contents of the Proposal in such a way as to provide a broad but clear and understandable summary of the entire Proposal (excluding any cost information).

d)   Completed and signed copy of any certifications, attachments, and data questionnaires, as required.

2.   Services Offered

The offeror will describe how it intends to operate and maintain the Resort, including what services it intends to offer and the manner and terms under which services will be offered and what services, if any, would not be offered.

3.   Experience and References

a.   This section should include the following information:

1)   Relevant experience and expertise for services offered;

2)   Brief history of your company; and

3)   List of representative transactions, responsibilities, and past work.

4.   Offeror must furnish three business references with names, addresses, telephone numbers, and email addresses in support of relevant business experience. These references will be contacted for information regarding offeror’s past performance.

5.   Staffing, Organization, and Resources

a)   Offeror shall describe in detail how the proposed services will be managed and what resources will be provided. Information should include, but not be limited to: 

1)   Discussion of the qualifications and experience of relevant employees and staff available to support Resort operations.

2)   Description of how your company will communicate with TVA, including specified designated contacts and whether scheduled or recurring meetings are anticipated.

3)   List of your company’s office locations.

4)   Description of your company’s staff and resources.

5)   Ownership structure, including any affiliated companies or joint ventures.

6)   Organization charts, including resumes of key individuals.

7)   Description of any significant changes in ownership or restructuring your firm has experienced in the last three years.  Describe any anticipated significant changes or restructuring in the next three years.

8)   Any TVA-furnished resources that you would request in connection with operation and maintenance of the Resort and performance of the Easement’s requirements.

9)   Any other information relevant to the evaluation factors mentioned in Section 3.1 that is not otherwise addressed in other sections of your Proposal.

6.   Litigation and Claims

a)   Provide a short description or statement regarding whether, during the last three years, your company, or a principal or officer in your company, has been involved in litigation or other legal proceedings relating to the furnishing of services similar to those that your company would offer TVA related to the Resort.  If applicable, provide the current status or disposition.

b)   Provide a short description of any litigation or out-of-court settlements that, in your company’s good-faith best judgment, might have an adverse impact on its ability to perform services related to the Resort.

 

7. Commercial 

a)   This section of the company’s Proposal shall include the following information:

  1. Completed attachments - All applicants must provide the following information before TVA will review the proposal.  The use of these attachments is optional, however the information requested in this section is required:

i)   Applicable Business Experience (Form 1). Include a detailed explanation of experience relating to development, operation and maintenance of resorts and associated facilities and other business or work experience. 

ii)   Financial Statements and Viability of Operation (Form 2). The applicant should have cash or readily convertible assets equivalent to at least 25 percent of estimated operating costs. FINANCIAL STATEMENTS AND PLANS FOR FINANCING ARE SECURED IN CONFIDENCE AND ARE NOT PUBLIC INFORMATION. 

iii)   A Complete Credit Application (Form 3). Provide the information contained in “TVA Credit Evaluation Materials” as well as a completed “Release of Information Form.” One component of your proposal’s acceptance will be a favorable credit review.

iv)   Five-year Business Plan (Form 4). Provide a narrative description of all services and facilities to be provided including projected occupancy rates, cash flows, revenues, operating costs and expected capital outlay for the first five years. Provide a description of any proposed facility expansions or additional development, including a list of proposed upgrades. For proposals containing expanded facilities, please include a general schedule, description of phases of construction, and anticipated completion dates along with the anticipated costs for each phase of expansion. Provide a general concept plan and scope of land impact, including a conceptual site plan and related drawing(s) that includes both existing facilities and any proposed expansion plans.

v)   Business References (Form 5). In support of those items above, the names, addresses, and telephone numbers of at least three (3) business references, not related to the applicant by blood or marriage, should be submitted.

vi)   Operating Proposal (Form 6 – attach additional pages if necessary). Describe how the Resort and Marina would be operated, the type of equipment to be utilized, and how public services would be provided. While not limited to the following list, please supply details regarding the following at a minimum:

  • Organizational Structure - Staffing Plan

  • Revenue collection

  • Safety and Security

  • Cleaning, mowing, and maintenance of premises and facilities

  • Storage and maintenance of materials and equipment

  • Reservation system

  • Other revenue-producing operations

  • Source, amount, and scope of liability insurance (see minimum in prospectus)

  • Source and type of security assurance

  • Site Development plans

vii)   Statement of Authorization (Form 7). Provide Form 7 authorizing TVA to investigate, if necessary, the applicant’s ability to finance, develop, and operate facilities including the authority to run any background checks deemed necessary by TVA

viii)   Commitment Statement (Form 8). Proposals must be signed by an official that is authorized to bind the applicant, and proposals shall remain binding for twelve months after the closing date of the prospectus

ix)   Commitment Statement (Form 9). Certification of intent to comply with section 5.2

2)   A description of your company’s financial strength, such as financial capability to support TVA’s requirements and the ability to make capital improvements;

3)   Audited (if available), annual reports including financial statements (current balance sheet, income statement, and other financial statements and reports needed to fully explain financial position) for the last three years; and

4)   If the company is a joint venture, partnership, wholly-owned subsidiary, or consortium, your Proposal shall describe the financial structure and inter‑organizational arrangements relating to the Proposal and provide financial information requested above for each entity. 

5)   TVA may withdraw an award, if offeror cannot successfully procure insurance coverages required by TVA.

 

6.4 Processing and Administrative Costs

  1. Applicants must submit a $5,000 deposit payable to TVA with each proposal. If selected as the operator, the $5,000 deposit will be applied toward the total administrative cost. If the successful applicant withdraws after being notified they were selected, the $5,000 deposit shall be forfeited to TVA. Applicants that are not selected will receive a full refund of the $5,000 deposit.

  2. The deposit shall be sent to the address shown below.  Note in the memo line of the check “Fontana Village Proposal”.

 

For USPS:

Tennessee Valley Authority

Attn:  Meagan Van Dam

Post Office Box 1010

Muscle Shoals, AL 35662

 

For UPS or FedEx:

Tennessee Valley Authority

Attn:  Meagan Van Dam 

1010 Reservation Road

Muscle Shoals, AL 35661