Beartooth_2013_PROSPECTUS.doc

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PROSPECTUS

BACKPACKING, ENVIRONMENTAL EDUCATION, and RECREATION THERAPY OUTFITTING AND GUIDING SERVICES

Beartooth Ranger District

Custer National Forest

(406) 446-4587 February 26, 2013 Backpacking, Environmental Education, and Recreation Therapy

Outfitter Guide Prospectus

Beartooth Ranger District

Custer National Forest

I. Introduction

The USDA Forest Service, Beartooth Ranger District, Custer National Forest, is soliciting proposals from interested parties to provide Outfitter and Guide services for the Beartooth Ranger District. The District intends to make available from 768 up to 818 service user days for the following categories: Backpacking, Environmental Education, and/or Recreation Therapy. This offering will allow individuals or organizations to conduct backpacking, environmental education, and/or recreation therapy outfitter and guide services on a recurring basis on National Forest Lands, including the Absaroka-Beartooth (A-B) Wilderness. The areas available for outfitting and guiding are described in this Prospectus. Potentially one special use permit could be issued in each of the following categories:

1. Backpacking service days up to 500 overnight service days.

2. Environmental Education up to 150 day-use service day and up to 200 overnight service days.

3. Recreation Therapy up to 300 day-use service days. A maximum of 150 of these day-use service days will be permitted in the A-B Wilderness.

A service day is defined as an allocation of use constituting a day or any part of a day on National Forest System lands for which an outfitter or guide provides services to a client.

Permit holders are agents of the Forest Service who provide services to the public, protect public health and safety, and help attain management objectives.

All use days awarded by this prospectus will be authorized through a priority special use permit for an initial 2-year term. This permit may be extended for up to an additional 8 years based on satisfactory performance. Satisfactory performance is determined by a performance appraisal system administered by the Forest Service in which the permit holder must have earned a satisfactory rating or higher.

Permits will not be issued if, in the judgment of the Forest Service, a highly qualified pool of applicants is not available. The Forest Service reserves the right to reject any or all applications if the applications do not best serve the needs of the public.

All applicants must submit, in writing, a proposal that includes the information listed under Submission of proposals. Written, sealed proposals will be accepted by the District Ranger, Beartooth Ranger District, Attn: Outfitter/Guide Proposals, 6811 Hwy 212, Red Lodge, MT 59068 until 4:30 PM on April 1, 2013. Successful applicants must complete the special use permit application process and be ready to operate within 45 days of notification of selection.

Any oral statement by any representative of the USDA Forest Service which modifies the conditions of the Prospectus is an expression of opinion only, and confers no special rights upon any applicant. In the event that a contradiction exists between this Prospectus and the special use permit, the special use permit governs.

When is a permit required?

A Special Use permit for outfitting and guiding is required when any use or activity on National Forest System lands (a) where an entry or participation fee is charged or (b) where the primary purpose is the sale of a good or service and, in either case regardless of whether the use or activity is intended to produce a profit (36 CFR 251.51). Outfitting is defined as “renting on or delivering to National Forest System lands for pecuniary remuneration or other gain any saddle or pack animal, vehicle, boat, camping gear, or similar supplies or equipment. Guiding is defined as “when a person or entity provides services or assistance (such as supervision, protection, education, training, packing, touring, subsistence, transporting people, or interpretation) for pecuniary remuneration regardless if the use or activity is intended to produce a profit” (36 CFR 251.51).

Individuals or organizations based off National Forest System lands who rent and/or deliver equipment or livestock to the public on National Forest System lands must obtain a special use permit if they, their employees, or agents occupy or use National Forest System lands or related water in connection with their rental programs. Delivering the public to National Forest System lands off the road or trail right-of-way constitutes use of the land.

Title 36 Code of Federal Regulations Section 261.10(c) states the following is prohibited: Selling or offering for sale any merchandise or conducting any kind of work activity or service unless authorized by Federal law, regulation, or special use authorization.

Priority use is assigned at the discretion of the authorized officer and shall be consistent with Forest Land and Resource Management Plan (LRMP’s). Priority use is an authorization of use not to exceed ten years. The amount of use is based on the holder’s past use, performance, LRMP’s and capacity analysis. Permits may be renewed without competition when the holder has performed satisfactorily.

II. General description of the area

Proposals for backpacking, environmental education, and/or recreation therapy outfitting and guide services will be accepted in the portion of the A-B Wilderness managed by the Beartooth Ranger District except for the East Rosebud trail # 15, aka, the Beaten Path. Areas outside the wilderness on the Beartooth Ranger District may be proposed except for the Pryor Mountain area and the Line Creek Plateau Research Natural area. The outfitter and guide service authorized is limited to backpacking, environmental education, and/or recreation therapy.

No other outfitter and guide services will be authorized under this Prospectus; nor will outfitting or guiding be authorized in any other area of the Custer National Forest.

III. Offering

The objective of this offering is to furnish public services in the form of safe, high-quality recreational and educational activities at reasonable rates. Outfitter and guide services also provide for profitable ventures and may contribute to local economic development.

This Prospectus is soliciting for outfitted use on National Forest lands within the Beartooth Ranger District portion of the Custer National Forest. The East Rosebud Trail #15, Line Creek Plateau Research Natural Area and the Pryor Mountain area will not be considered in any proposals. Use of private or State lands cannot be authorized under a Forest Service permit. All use days awarded by this prospectus will be authorized through a priority special use permit for an initial 2-year term. This permit may be extended for up to an additional 8 years based on satisfactory performance. Satisfactory performance is determined by a performance appraisal system administered by the Forest Service in which the permit holder must have earned a satisfactory rating or higher.

The amount of use assigned to a permit will be based on “service days”. A service day represents a day or part of a day for each individual accompanied or provided services, including transportation services, by an outfitter, guide, leader, instructor, or driver. Any period of time when clients are on National Forest System lands and under the direction, care or tutelage of an outfitter or guide shall be counted as part of the total of the service days for fee calculations.

Needed Services Needed Outfitter-Guide services were determined through the Beartooth Ranger District Outfitter-Guide Needs Assessment and Extent Necessary Analysis for the A-B Wilderness. This analysis evaluated the effects of commercial and general public recreation use on both social concerns as well as natural resource conditions. The analysis also assessed the value that a commercial service can bring in terms of skills, knowledge, safety, education and meeting the mission of the Forest Service in serving the public. Demand for services by the public was also a determining factor. From this assessment it was determined there was an opportunity to provide two new services; envirionmental education recreation and therepy (day hikes. In addition to provide for expanded opportunites for backpacking days.

A summary of the analysis for commercial recreation use is shown in the Recommendations section of the Outfitter and Guides Needs Assessment.

Backpacking - There is some specific skills and equipment required to participate in this activity, such as Leave no trace techniques, how to camp and travel in bear country and backcountry setting, proper disposal of waste, etc. The public could benefit from outfitter and guide assistance by being introduced to backpacking, enhancement of skills, development of conservation ethics, and practice low impact techniques when travelling and backpacking in the backcountry, especially cross-country treks on non-system trails. This activity is moderately dependent on the wilderness due to the fact 68% of the district is within the A-B Wilderness as well as 90% of the trail system. Most backpacking trips are multiple days that require longer distance and time to get into the backcountry and a specific destination is the objective. Permitted days will be up to 500 overnight service days.

Environmental Education – Environmental education refers to organized efforts to teach about how natural environments function and foster an understanding of the natural world. The Beartooth Ranger District has identified a need to engage the general public in different aspects of environmental education. Outfitters who provide environmental education, interpretive information, or experiential learning experiences within a wilderness or outdoor setting can fulfill this need. A designated Wilderness is not necessarily a requirement for these types of activities; it is more dependent on the curriculum itself. Permitted days will be up 150 day-use service days and up to 200 overnight service days.

Recreation Therapy –Hiking is a skill that is relatively easy to master and does not require substantial time or talent to learn. However, recreation therapy is designed to treat illness or disabling condition in an outdoor setting. Therapy that incorporates recreation activities does require trained and paid staff members to obtain stated goals and objects. Recreation therapy is not wilderness dependent but is dependent on an outdoor setting. The wilderness serves as a backdrop in effort to provide the primary service which is counseling. To provide this activity outside the wilderness is a challenge due to the fact 68% of the district is within the A-B Wilderness in addition to 90% of the trail system. Due to the potential high number group size (15 persons) and the potential impacts to the public; the number of user days permitted in the A-B Wilderness will be limited 150 day-use service. Up to 300 day-use service days will be permitted outside of the A-B Wilderness.

IV. Submission of proposals

Applications for a special use permit to provide backpacking, environmental education and/or therapy recreation outfitting and guiding services on the Beartooth Ranger District may be submitted by mailing the completed bid prospectus to:

Beartooth Ranger District

Attn: Outfitter Guide Proposals

6811 Hwy 212 Red Lodge, MT 59068 Proposals will be accepted March 1, 2013 until 4:30 PM on April 1, 2013. Incomplete proposals could adversely affect chances for selection. Proposals submitted after 4:30 PM on April 1, 2013 will not be considered. Materials submitted with proposals will not be returned.

V. Proposal required information

To be considered, each applicant must submit the information requested below. Forms are included as part of the Prospectus package.

1. Completed special uses permit application, Form SF-299. (Appendix A).

2. A completed Financial Statement, Form FS-6500-24. (Appendix B).

3. A completed Request for Verification, Form FS-6500-25. (Appendix C). Your bank or lending institution will need to complete this form then send it to the Beartooth Ranger District.

4. A completed Outfitter-Guide Operating Plan with detailed information for each item, including safety and emergency precautions. This section will detail the type of service you are proposing, the number of service days that you are applying for, and the locations. (Appendix D).

5. A completed Outfitter-Guide Business and Financial Plan. (Appendix E).

Proposals and financial information will be treated as confidential to the extent allowed under the Freedom of Information and Privacy Act, 5 U.S.C. 552 and 552a respectively.

VI. Award

The objective of this Prospectus is to select the applicant whose proposal best meets the public need. Potentially one special use permit could be issued in each of the following categories: Backpacking, Environmental Education, and/or Recreation Therapy.

The applicant selected will be the best qualified to operate and maintain these public services based on, but not limited to, the written materials submitted in the application package. The award may be for less than the number of service days requested.

A review panel with experience in recreation administration and special use permits will evaluate each proposal independently and collectively. The panel will review, evaluate, and compare proposals using a weighted selection criteria and professional judgment.

After all proposals have been rated, the panel will recommend to the Authorizing Officer those proposals the panel feels are qualified to be awarded a permit. The Authorized Officer has final selection authority to accept or deny the recommendations of the panel.

The successful applicant will be notified no later than May 1, 2013. At the time of notification there will be a 45 day period in which the Forest Service will work through obtaining administrative clearance for the special-use permit.

VII. Selection Criteria.

The selection panel shall judge the proposals on the following criteria listed in descending order of importance:

1. Proposed Operation – The kinds and quality of services to be provided and the fees charged to the public. The kind and quality of the service proposed in terms of meeting public need. How does the proposal meet the mission of the Forest Service in terms of providing education, interpretation, safety and stewardship of public lands? What kind of experience will the clients receive and how will their safety be provided for? How will the proposed operation protect and interpret the resources of the National Forest? The applicant’s experience in this or related fields and the qualification he/she possesses to fully satisfy the public’s need for this service. This may include an evaluation of other permits issued by land management agencies or other experience in providing public recreation experience and good business practices on public or private land. (Weight 40%)

2. Business Plan – The financial capability of the applicant to operate and maintain an outfitting and guiding business and the demonstrated ability for the business to be successful. (Weight 30%)

3. Financial Plan – Furnish evidence of having the financial resources needed to market and operate the proposed business. (Weight 25%)

4. Return to Government – The fee is derived from the Custer/Gallatin Outfitter Guide flat fee. Additional services to improve National Forest facilities or resources used in the operation of the applicants business will also be considered. (Weight 5%) VIII. Permit and operations.

If your proposal is selected and if you are awarded use, the final steps before you are allowed to operate are as follows:

1. Insurance – The permit holder must submit valid proof of insurance showing the $300,000 liability coverage with the Forest Service named as “additionally insured” in the policy.

2. Fees – The permit holder must pay the required fees. Backpacking fee is $2.90 per service day. Environmental Education day-use is $1.12. Recreation Therapy day-use fee is $3.85 per service day.

3. Equipment – The successful bidder must present all equipment required in this Bid Prospectus and other outlined in the operation proposal for review.

4. Special Use Permit – The special use permit must be signed by the permit holder and the Authorizing Officer.