Agenda 10/26/2021 Item #16E 2 (Reject Proposal RPS #21-7924 "Golden Gate Golf Course")16.E.2
10/26/2021
EXECUTIVE SUMMARY
Recommendation to reject a late proposal submittal by Club Corp/BigShots for Request for
Proposal Solicitation #21-7924, "Construction Manager at Risk for the Golden Gate Golf Course."
OBJECTIVE: To reject a late proposal submittal received to Request for Proposal Solicitation #21-
7924, "Construction Manager at Risk for the Golden Gate Golf Course."
CONSIDERATION: On August 26, 2021, the Procurement Services Division issued a Request for
Proposal Solicitation #21-7924 "Construction Manager at Risk for the Golden Gate Golf Course" to
twenty-six thousand nine hundred forty-six vendors. Ninety-three (93) vendors viewed the bid
information and one (1) proposal from Gates Group LLC, d/b/a Gates Construction teaming with
Sandford Golf Design was received by the due date. The Procurement Services Division conducted
vendor outreach to promote this solicitation and a pre -proposal conference was held on September 8,
2021, wherein four (4) prospective vendors participated. The original proposal due date was scheduled
for October 5, 2021, and was extend through October 12, 2021, to afford the vendor community an
opportunity to submit a proposal. Procurement also reached out to the vendors that viewed the solicitation
through the bidding platform in an effort to promote bidding interest. On October 20, 2021, Procurement
held an organizational meeting with the selection committee members and the one proposal received by
Gates Group LLC, d/b/a Gates Construction teaming with Sandford Golf Design was disseminated. The
selection committee meeting is scheduled to evaluate the proposal on October 27, 2021.
As a mandatory practice all solicitations are advertised by the County through a secure online bidding
system (BidSync), and no submittals are accepted after the advertised deadline. This practice provides a
fair, competitive, and transparent procurement process. On October 19, 2021, the County received a
proposal submission via email by Club Corp/BigShots admitting its submittal was not provided timely
through the County's bidding platform (BidSync).
The Board has approved a Long-term Lease and Operating Agreement with CC BSG Naples, LLC
(`BigShots") to operate and manage a public golf course on the former Golden Gate Golf Course
property, and to lease land for the construction and operation of a BigShots golf/entertainment facility on
the property to benefit the residents of Collier County, support the overall redevelopment plan for the
property. C1ubCorp is a division of BigShots Golf and as part of the lease agreement, Bigshots Golf is
obligated to coordinate and provide advisory and consulting services to the County with respect to the
redesign and reconstruction of the golf course. Club Corp as an extension of CC BSG Naples, LLC and
BigShots Golf has been profoundly involved in the overall project. By accepting Club Corp's late
proposal submittal, it may lead to a protest by Gates Group LLC, d/b/a Gates Construction teaming with
Sandford Golf Design, which could delay the commencement of this project. Further, Club Corp's
participation in this solicitation presents a conflict of interest as a result of Club Corp's actual or
perceived unfair advantage resulting from its relationship with BigShots.
Florida Statutes, Section 287.057 addresses the Procurement of commodities or contractual services,
which includes the procurement solicitation referred to as a Request for Proposal as in this instance.
Subsection (19) of that Statute addresses the issue of organization conflicts of interest (generally, a
conflict of interest arising because of other activities or relationships with other companies or persons)
and conflicts of interests. In part, that section provides that:
(a)
1. Each agency must avoid, neutralize, or mitigate significant potential organizational
conflicts of interest before a contract is awarded.... [.]
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16.E.2
(b)
1. An agency may not proceed with a contract award under subparagraph (a)2. If a
conflict of interest is based upon the vendor gaining an unfair competitive
advantage.
2. An unfair competitive advantage exists when the vendor competing for the award
of a contract obtained:
a. Access to information that is not available to the public and would assist the
vendor in obtaining the contract; or
b. Source selection information that is relevant to the contract but is not
available to all competitors and that would assist the vendor in obtaining the
contract.
In this instance, there is a very real possibility that the proposer here has or could have an unfair
competitive advantage that provides it with an unfair advantage over other proposals. Staff s
recommendation to reject this late submission promotes the goal of public procurement by avoiding the
appearance of favoritism and ensuring fair and equal competition to all parties interest in doing business
with the County.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
RECOMMENDATION: Recommendation to reject a late proposal submittal by Club Corp/BigShots
for Request for Proposal Solicitation #21-7924 "Construction Manager at Risk for the Golden Gate Golf
Course."
Prepared by: Sandra Herrera, Procurement Director
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16. E.2
10/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2
Doe ID: 20441
Item Summary: Recommendation to reject a late proposal submittal by Club Corp/BigShots for
Request for Proposal Solicitation #21-7924, "Construction Manager at Risk for the Golden Gate Golf
Course."
Meeting Date: 10/26/2021
Prepared by:
Title: — Procurement Services
Name: Priscilla Doria
10/20/2021 12:27 PM
Submitted by:
Title: Manager - Procurement — Procurement Services
Name: Sandra Herrera
10/20/2021 12:27 PM
Approved By:
Review:
Procurement Services
Agenda Clerk Preview
County Manager's Office
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Sandra Herrera
Director Review
Geoffrey Willig
Agenda Clerk Preview
Sean Callahan
Additional Reviewer
Scott Teach
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher
Additional Reviewer
Sean Callahan
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed 10/20/2021 12:29 PM
Completed 10/20/2021 12:51 PM
Skipped 10/20/2021 12:55 PM
Completed 10/20/2021 1:01 PM
Completed 10/20/2021 1:15 PM
Completed 10/20/2021 1:31 PM
Completed 10/20/2021 2:20 PM
Completed 10/20/2021 2:34 PM
10/26/2021 9:00 AM
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