State park vendor search continues after Swadley’s
The Oklahoma Department of Tourism and Recreation soon will issue a request for proposals (RFP) seeking bids from anyone interested in running restaurants at six of its state parks.
The RFP process follows a request for information (RFI) period that included open houses at each of the parks. Soliciting bids through an RFP is the next step in securing one or more vendors for new contracts to run the restaurants at Robbers Cave, Quartz Mountain, Sequoyah, Lake Murray, Roman Nose and Beavers Bend state parks.
“The response has been great, we’ve had multiple vendors at each location,” Director Shelley Zumwalt said of the RFI process, during the Roman Nose open house. “Beyond that we’ve also had people from the community – they might be interested (in running the restaurants), they might not be – but they want to see what’s going because they want it to be successful.”
Zumwalt said prospective vendors can bid on any number of park restaurants from one to all six when the RFP opens. Previously, a contract for operation of all six park restaurants was awarded to Swadley’s Bar-B-Q, which ran them under the name Swadley’s Foggy Bottom Kitchen. The contract was terminated after allegations of misspent funds that led to legislative investigations, lawsuits and more. The previous contract also faced scrutiny and allegations of impropriety in regard to the bidding process, a problem Zumwalt, who was appointed after the scandal, looks to ensure is not repeated.
“At every turn, we’re evaluating: Could we do it better? Could we get more people involved that could be another set of eyes? Just so the process, it can be something that people say ‘ They weren’t the only people involved and we saw that they were bringing other eyes to the table to make sure it was transparent,’” Zumwalt said.
The RFP is expected to be posted within the week and will remain open for two weeks, according to tourism officials.
A timeline of events regarding the Swadley’s contract and scandal
March 2020: The tourism department, at the time under the direction of Jerry Winchester, awards Swadley’s the initial contract to renovate and run the restaurants at six state parks.
April 2020-February 2022: Swadley’s renovates the six state parks and opens the restaurants. An additional state park was added, but the restaurant at that property never reached operational status.
During this time, Swadley’s was paid an estimated $17 million, including management fees and reimbursement for capital improvements, often paid without receipts.
March 25, 2022: The Oklahoma State Bureau of Investigation launched an investigation five days ahead of the release of a report by the Legislative Office of Fiscal Transparency showing millions paid to Swadley’s.
April 18-23, 2022: Gov. Kevin Stitt said the Swadley’s contract might become the subject of a state audit. Oklahoma County District Attorney Prater formally requests a forensic audit from state Auditor Cindy Byrd’s office in concert with the ongoing criminal probe by the OSBI.
April 25-27, 2022: The state Tourism and Recreation Department canceled its contract with Swadley’s, citing “suspected fraudulent activity found through highly questionable billing, invoicing and record-keeping practices.” Swadley’s was told to cease operations by no later than April 27 at all six open properties.
News breaks April 27 when Fox 25 reports that the first Swadley’s Foggy Bottom Kitchen operated for months with life-safety issues. The state fire marshal’s office received a fire inspection report in 2020 from an officer responsible for the region who said they didn’t know the restaurant had opened until August, despite beginning operations in May. The officer confirmed no review plan was submitted nor any permits issued for the property and spoke to Brent Swadley and the former Tourism and Recreation Department’s deputy director, Gino DeMarco. The officer’s report showed neither Swadley nor DeMarco embraced full compliance.
April 28, 2022: Oklahoma House Speaker Charles McCall, R-Atoka announced the formation of a special House committee to investigate potential misuse of taxpayer funds through the vendor agreement made by the Oklahoma Tourism and Recreation Department with Swadley’s Bar-B-Q.
April 29, 2022: Stitt announces the resignation of tourism Director Jerry Winchester and a breach of contract lawsuit filed against Swadley’s.
May-June 2022: House committee begins investigation. The director of Oklahoma’s Office of Management and Enterprise Services, Steven Harpe, said he was not informed of the contract between Swadley’s and the tourism department until a full year after it was signed, when it came before his office to be amended.
June 2022: Swadley’s countersues the state, claiming the Oklahoma Department of Tourism and Recreation worked closely with the company and knew the details of its deal.
October-November 2022: Stitt appoints Zumwalt as new tourism director. Swadley’s hires an “independent auditor,” filing additional documents in its countersuit and lobbing allegations that the state still owes it close to $6 million.
January 2023-current: Attorney General Gentner Drummond reclaimed the investigation into the Swadley’s contract Jan. 22. The Oklahoma Senate advanced a bill Feb. 8 that would reestablish a commission to provide oversight and decentralize power within the state’s tourism department.