B08_Attachment__2_SOW_IDIQ_Insurance_-_Copy.pdf

Page | 1 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

Statement of Services

Indefinite Delivery Indefinite Quantity (IDIQ) Contract No.

Insurance Consultation Services

Commercial Service Program National Park Service

Background The National Park Service (Service) Commercial Services Program (Program) is seeking firms to provide professional insurance consultation services to the Program and other Service programs. All insurance consultation and business advisory support services performed under this contract must conform to the following regulations and all Applicable Laws now in place or hereafter promulgated or amended.

The Service provides facilities and services to the public to enjoy National Park areas through concession contracts and commercial use authorizations issued under the authorities in the Acts of August 25, 1916 (Pub.L. 89-249 54 U.S.C. § 100101 et seq.) and November 13, 1998 (Pub.L. 105- 391 54 U.S.C. § 101911 -101926). The Service promulgated implementing regulations under 36 C.F.R. Part 51 and issued guidance under the National Park Service Management Policies and the Commerical Services Guide.

The Service leases facilities owned or administered by the United States through the Service for commercial and private use under the authorities of 54 U.S.C. § 102102 and 54 U.S.C. § 306121.

The Service promulgated regulations under 36 CFR Part 18 (which combined Sec. 802 of the National Park Omnibus Act of 1998 (54 U.S.C. § 102102) with Sec. 207 of the National Historic Preservation Act Amendments of 1980 (54 U.S.C. § 306121)). The Service has also issued guidance under National Park Service Management Policies 2006; Director’s Order #38: Real Property Leasing; and RM38 Leasing Reference Manual for 36 CFR Part 18. The Service also authorizes special events under a variety of authorities.

The Service also established the Visitor Experience Improvements Authority (VEIA) under the National Park Service Centennial Act (Centennial Act), 54 U.S.C. 101931–101938, allowing the NPS to solicit, award, and administer commercial services contracts for the improvement, modernization, and expansion of commercial visitor facilities and visitor services programs in units of the National Park System. The VEIA supplements but does not replace the existing authority granted to the NPS in the 1998 Act to enter into concession contracts or any other existing NPS authorities to provide commercial visitor services in units of the National Park System. The VEIA is also separate from authorities granted under the Office of Federal Procurement Policy Act and Federal Acquisition Regulations

Contractor Protection of Service-Provided Information The contractor must agree to assume responsibility for protecting the confidentiality of government records that are not public information. The Service considers information to include written, verbal, and electronic information and Service policy, processes, and procedures as confidential government information. The contractor must notify each of its employees in writing to whom it provides information that they may disclose such information only for a purpose and to the extent expressly authorized by the Service.

https://www.gpo.gov/fdsys/pkg/STATUTE-79/pdf/STATUTE-79-Pg968-3.pdf https://www.gpo.gov/fdsys/pkg/STATUTE-79/pdf/STATUTE-79-Pg968-3.pdf https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fuscode.house.gov%2Fview.xhtml%3Fpath%3D%2Fprelim%40title54%2Fsubtitle1%2FdivisionA%2Fchapter1019%2Fsubchapter2%26edition%3Dprelim&data=05%7C01%7CPam_Buckner%40nps.gov%7C54bd1444a7c842af3cb408db57cd7bdf%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638200312272949586%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7rP3weeEI3J6zyQ4HN1goSjV4SsXarBeApyT75Y9Cog%3D&reserved=0 https://www.nps.gov/subjects/policy/upload/MP_2006.pdf https://www.nps.gov/subjects/concessions/upload/CS-Guide-Final-Ver-3-FINAL-Updated-12162021.pdf https://www.govinfo.gov/link/uscode/54/101931

Page | 2 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

The Service will make information available to the contractor for the performance or administration of this effort, and the contractor may use this information only for those purposes. The contractor must not use the information for any other purpose or in any other way without the prior written agreement of the Contracting Officer.

If the Service provides public information to the contractor for use in the performance or administration of this effort, the contractor, except with the prior written permission of the Contracting Officer, must not use such information for any other purpose.

Contractor Use of Service-Provided Information All contractor employees must sign and submit a copy to the Service a Service-approved non-disclosure agreement. The details of any security safeguards that the contractor may design or develop under this contract are the property of the Service, and the contractor may not publish or disclose them in any manner without the prior written consent of the Contracting Officer.

The contractor may use any information made available in any format only for carrying out the provisions of this contract. The contractor may not divulge or make known in any manner information contained in such materials to any person except as may be necessary in the performance of this contract. The contractor may not disclose the details of any security safeguards that the Service may reveal to the contractor in the course of performances under this contract, in any manner, without the Contracting Officer’s prior written consent.

Disclosure to anyone other than an authorized officer or employee of the contractor requires the prior written consent of the Contracting Officer. The contractor must account for all information with personal identification upon receipt and properly store such information before, during, and after processing. The contractor must give all related output the same level of protection as required for source materials.

Conflict of Interest Limitations The contractor may not exploit its professional relationship or use confidential Service Information to provide an advantage to existing or potential Service concessioners, lessees, management agreement holders, or Commercial Use Authorization (CUA) holders.

A contractor may not advise current or known potential Service concessioners, lessees, management agreement holders, or CUA holders on Service Information. A contractor cannot directly benefit from information received from its work with the Program about solicitations. This includes providing assistance to prospective offerors in preparing for or submitting offers on any prospectuses or Request for Proposals issued by the Program.

A contractor may not engage a subcontractor to assist in performance of a task order when the subcontractor operates under a Service permit, including concession contract, lease, management agreement, or CUA without prior written permission of the Contracting Officer and the Program Chief.

When the contractor discovers a potential conflict of interest, the contractor must report it immediately to the Contracting Officer and Contracting Officer’s Representative.

Summary of Services

Page | 3 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

The contractor must possess a thorough understanding of and experience with insurance products and the insurance industry that includes commercial general liability, automobile liability, environmental impairment liability, casualty (including marine casualty), property insurance, and other lines of insurance appropriate for concessioners and other commercial operators in the National Park System. The permitting instruments include concession contracts, commercial use authorizations (CUAs), real property leases, VEIA Agreements, and special use permits. Commercial visitor services include hospitality services with overnight accommodations, food and beverage services, retail, and guided recreational activities, including but not limited to mountain climbing, horse rides and rafting trips. The Service assigns facilities and leases structures that range from large historic structures to residences. The contractor must also provide business advisory support to assist the Service in managing these activities.

Commercial operators must obtain commercial general liability insurance as wells as other insurance coverage specific to the commercial operation that includes protecting park resources, protecting visitors at units of the National Park System, and protecting its employees. When applicable, concessioners, CUA holders, management agreement holders, and lessees must obtain property insurance to protect assigned facilities. The Federal Government is a self-insured entity however, the Service determined it is necessary to obtain professional insurance consultation services to:

• Determine the required insurance coverages for concession contracts, commercial use authorizations, real property leases, VEIA agreements, and various special events or other type of services provided.

• Provide accurate premium cost estimates for recommended coverages limits in order to evaluate accurately the financial profile of each business opportunity.

• For existing contracts, obtain professional consultation services to review and potentially revise the minimum required insurance limits or additional types of insurance. All requirements must be reasonable and consistent with the types of insurance a prudent businessperson would purchase in similar circumstances.

• Provide appropriate levels of insurance coverages and estimated cost for in-park special events, including, but not limited to, small group gatherings and large multiple-day events.

• Assist the Service in responding to questions from concessioners, lessees, and management agreement and permit holders about the characteristics of the types of required insurance for their respective permitting instrument.

• Provide periodic advice on developments in the risk management industry to improve the Program.

• Develop an Insurance Compliance Monitoring Program to monitor commercial operator insurance coverages with the requirements of the authorization.

• Develop risk management practices the Service may make available to commercial operators to manage risk and reduce insurance costs.

• Agree to deliver reports and spreadsheets in Microsoft 365 Office (or higher) and agree to purchase the Adobe Frutiger Std font package for use in certain deliverables.

• Agree to submit deliverables meeting Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794d).

Requirements for Insurance Consultation The contractor must have the ability to evaluate the wide variety of commercial visitor services offered in the diverse portfolio of national parks. The Service requires the contractor to evaluate the insurance risks and exposures for this variety of commercial visitor services. Commercial operator

Page | 4 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

facilities and activities may face multiple insurance related risks, including environmental and weather related events, park visitors, employees, and third parties, including commercial operator related construction. Evaluation methods may vary and may depend on Service direction and budget.

Methods of risk analysis may include, but are not limited to:

• Review of appropriate exhibits, plans, reports, and diagrams

• Telephone or virtual discussions with the Service administrator of the authorization

• Telephone or virtual interviews with commercial operator

• Telephone or virtual consultation with insurance and risk management industry subject matter experts

• Use of professional insurance industry rating systems

• Review of authorization and the operational requirements to recommend the appropriate types and minimum insurance requirements.

The Program’s website http://concessions.nps.gov/ contains further information on the Program and prospectuses currently released for solicitation.

The Service requires the following tasks for insurance consultation services to assist the Service as part of the Program’s commercial services activities. The Service will issue task orders, each with individual tasks. The following descriptions are not meant to be all-inclusive, but a representation of the type and range of work, depending on the requirements of the specific task.

1. Insurance Consultation for New Concession Contracts

2. Insurance Consultation for Existing Concession Contracts

3. Determining Insurance Availability

4. Insurance for Commercial and Residential Leased Properties

5. Insurance for Commercial Concession Assigned Properties

6. Insurance for CUAs

7. Insurance for Special Use Permits, Special Events, and Short-Term Leases

8. Insurance Trainings

9. Insurance Claims Consulting

10. Contractual Provisions and NPS Standard Contract Language Consulting

11. Insurance Trends, Projections, Challenges, and Recommendations

12. Risk Management Practices for Commercial Operations

13. Business Advisory Support

1. Insurance Consultation for New Concession Contracts as Part of Prospectus

Development For new concession contracts, as part of the due diligence for prospectus development, the contractor must determine the appropriate types of liability coverage, real property insurance, including Replacement Cost (if applicable), and the limits of coverage for two primary industry areas, a) hospitality industry and b) recreational industry.

The contractor will use the information in an Prospectus Development insurance requirements request and any supporting documents to conduct its research and analysis. The contractor must use industry best management practices and risk evaluation standards. For real property insurance, http://concessions.nps.gov/

Page | 5 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

the Service may provide the contractor with the Service insurance replacement values for concession contracts with assigned concession facilities.

For smaller operations with similar guided recreational activities at a park, the Service releases RFPs for these multiple operations under one prospectus. The Service requires the contractor, as part of an insurance request task, to develop one or more tables listing the operations with an appropriate breakdown of information.

The contractor will provide a draft and final deliverable that will include:

• A cover letter on the firm’s letterhead with a narrative that provides:

• Liability and real property insurance cost estimates for 1) a stand-alone operation and 2) the first year of operation, including flood and earthquake insurance, if applicable

• Estimated cost of coverage breakdown by lines of coverage, if requested

• Relevant information consistent with current insurance industry standards and practices that assists the Program in understanding the recommendations

The Service’s standard concession contract insurance exhibits with the recommended:

• Appropriate lines of liability coverage

• Minimum limits

• Appropriate exclusions and limitations

• Workers’ Compensation and Employers Liability

• Alternate insurance exhibit language for specific operations, as required

Insurance recommendations must protect the Service from risk and exposure and be practical in the existing environment. The contractor must include in its deliverable the insurance cost estimates to assist with the Service financial feasibility determination for specific business opportunities.

2. Insurance Consultation for Existing Concession Contracts The contractor must provide periodic technical insurance consultation to parks and regional offices for existing concession contracts. The contractor must address insurance issues, including concessioner compliance for specific types of coverage, and obtaining appropriate and adequate insurance coverage. Consultation services must, at a minimum, address the following:

• Review of existing concessioner contract insurance requirements due to changes in required services, availability, or other challenges.

• Assist the Service with concessioners who have unique real property insurance challenges.

• Assist the Service by locating potential insurance carriers for concessioners who fail to meet the Service requirements for A.M. Best ratings or whose carrier has issued a non-renewal notice

• Provide alternative recommendations to protect the Service interests if specific insurance amounts are not available in the insurance marketplace or at a reasonable cost

The contractor will use the information in the consultation request and any supporting documents to conduct the research and analysis based on best industry practices. The Contractor must maintain a project tracking system that allows NPS staff to view whether insurance compliance requests were received, staff reviewer assigned to the consultation with contact information, review status (received, in compliance, pending additional documentation, and closed), and estimated time until completion. The tracking system must also include database lookups that allow the list to be sorted by park, region, or Contract ID. The project tracking system must be

Page | 6 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

accessible to NPS employees and compatible with the Microsoft Office 365 suite. The Contractor must prepare a deliverable within 2 weeks (10 Business Days) of receipt of a compliance request on the firm’s letterhead that thoroughly addresses each specific insurance requirement, and clearly identifies the specific factors associated with the complaince report findings. The Contractor must ensure that follow up documentation supplied by Concessioners and the NPS is reviewed promptly, and that compliance findings are closed out in a timely manner.

3. Determining Insurance Availability On a case-by-case basis, the contractor must determine insurance availability for a specific concession operation, leases, CUA’s and VEIA Agreement, and other commercial authorizations and the estimated cost of the insurance broken out by lines of insurance. This may occur when an operator states the required insurance is unavailable and one or more types of required insurance may be cost prohibitive. The contractor must provide deliverables that, at a minimum, address:

• Insurance availability

• Local, regional, and national insurance markets, as appropriate, for the types of services to be insured

• Potential insurance carriers that offer the lines of insurance, in order of local, regional, and national for a specific operation

• Financial strength of identified carriers

• Cost of the appropriate insurance and an estimated high and low cost range for coverage(s)

• Concessioner cost objections

4. Evaluation of Insurance for Commercial and Residential Leased Properties The Service requires the contractor to evaluate the need for appropriate insurance coverage, availability, and cost for leased federal government property. The contractor must recommend coverage that provides the appropriate level of protection. The contractor must evaluate risks, including:

• Historic and non-historic structures

• Challenging physical environments for reconstruction and replacement

• Service decisions in cases such as structure partial loss and total loss

• Environmental hazards, including fire, wind, earthquakes, floods, and other climate events

5. Evaluation of Property Insurance for Commercial Concession Assigned Assets The Service requires the contractor to evaluate and recommend appropriate levels and requirements of commercial property insurance for concession contracts, CUAs, leases, special use permints, and management agreements or other authorization with assigned government assets.

This may include, but not limited to:

• Develop Insurance Replacement Values

• Assist the NPS in reviewing the Insurance Replacement Value process and methodology and provide guidance and recommendations

• Review commercial property and provide recommendations for updates and provide industry standard analysis

6. Evaluation of Insurance for CUAs The Service requires the contractor to evaluate the appropriate insurance coverage, availability, and cost for commercial uses authorized by CUAs. These commercial uses are typically recreation-based but also include the provision of services within units of the National Park

Spomer, Lissa C So NP already did this...so not sure if we need to include it or if it is okay to include as we don't have to use.

Page | 7 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

System (e.g., vessel maintenance and repair). The contractor will evaluate the risks and its recommendations will include, but not be limited to, the following:

• Coverage types

• Minimum liability limits

• Cost estimate for the coverage The Service may require the contractor to develop a schedule of recommended types and limits of insurance coverage for a suite of commercial uses authorized by CUA that occur frequently in the one or more units of the National Park System.

7. Evaluation of Insurance for Special Use Permits, Special Events, and Short-Term Leases

The Service requires the contractor to evaluate the appropriate insurance coverage, availability, and cost for in-park special events, ranging from small group gatherings to large multiple-day events. The contractor will evaluate the risks and its recommendations will include, but are not limited to, the following:

• Coverage types

• Minimum liability limits

• Other clauses, including additional insured

• Cost estimate for the coverage based, in part, on event location

The Service may require the contractor to develop a schedule of recommended types and limits of insurance coverage for a suite of similar events that occur frequently in the one or more units of the Service.

8. Develop Trainings

The Service requires the contractor to develop and provide a yearly one (1) hour web based training and monthly updates and tips for Program employees to assist in the awareness, understanding, and monitoring concession contract and other authorized commercial operators insurance requirements, and the concessioners’ or operators compliance with those requirements. The contractor will design the training to address and ensure, but not limited to, the following:

• A consistent base level of knowledge

• Appropriate information for employees with different levels of program experience

• Applicable reference materials

• Responses to employee and third party questions in written format

The training development and implementation will include but is not limited to the following:

• Review training draft content with Program administrators in conference calls or as part of a review and revision process.

• Develop electronic-based program content and associated materials, updating these materials as part of periodic changes in the insurance industry or Service requirements.

• Assist the Program in participating in yearly training for Program employees through the Program’s “Chats” program. Respond verbally to attendee questions during the Chat and in writing for attendees and others who email questions.

9. Insurance Claims Consulting The Service requires contractor consultation when a commercial operator may need to submit a claim under a policy. The contractor must evaluate what the effects of the claim may have on the Service. The contractor must provide an assessment, including:

Page | 8 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

• Prompt assessment of claim type

• Evaluation of claim severity

• Recommend avenues of recovery

• Monitor complex and severe claims and suits

• Maintain a file on all such claims to be delivered to the Service at conclusion of the contract or upon request of Service, whichever occurs first

• Develop a contingency plan in the event of insurance company failure

• Review insurance policy documentation for claims analyses

10. Contractual Provisions and NPS Standard Contract Language Consulting The Contractor will provide the Government a subject matter expert for the Program to consult with on required contractual provisions to protect the interests of the NPS, the Department of the Interior, and the United States of America under all instruments. The contractor will consult in the following areas:

• Acceptable risk retention and deductible levels

• Minimum standards for insurance companies

• Minimum requiermetns

• Recommendations to contract language, provisions, and other NPS policy updates

• Third party insurance

• Financial rating of insurers

• Cancellation and non-renewal notice requirements

• Evidence of insurance

• Surety Bond reviews and recommendations

11. Consulting on Insurance Trends, Challenges, and Recommendations The contractor will provide the Program a draft and final written report once a year, at a minimum, or more frequently as determined by trends and unforeseen substantive changes in the insurance industry. The consultant must provide a concise summary of the topics; a narrative report is required.

Topics may include changes to the scope of coverages, costs, and development of new products and practices that may be appropriate for the Program or other Service programs. Sources may come from insurance industry based publications, insurance market overview surveys, and other industry sources.

12. Risk Management Practices for Commercial Operations The contractor will advise the Service on how individual commercial operators or groups of commercial operators with similar operations may make operational improvements and implement industry best practices that may improve operating environments, and result in improved insurance requirements and improve insurance coverage.

13. Business Advisory Support The Program may require professional insurance consultation support in assessing commercial visitor services and the business implications of existing policies and regulations that provides Program-wide consistency. The contractor will effectively coordinate its resources to manage these efforts successfully as they relate to the Program’s insurance needs.

Page | 9 This Statement of Services is a PRE-DECISIONAL INTERNAL DOCUMENT and property of the National Park Service (NPS); it must be kept in strict confidence at all times pursuant to the applicable Insurance IDIQ Contract; it shall not be released by any Party other than the NPS and any requests for release must be forwarded immediately to the NPS.

The scope of services may include, but not necessarily limited to, any of the following:

• Provide overall strategic support and guidance for the Program’s commercial services insurance requirements.

• As requested, assist the Service with overall strategic and contract specific planning to include the business and financial aspects of commercial services plans or strategies, general management plans, development of capital improvement plans, and other economic and business plans.

• Provide consultation and expert witness support in negotiations and arbitrations on insurance claim determinations.

• Attend key meetings as insurance consultant professionals by telephone, internet or in person, as required at the task order level.

• Assist the Service in developing communications tools relating to Program insurance needs.

• Assist the Program as required at the task order level with unique analysis related to Service business and insurance issues. These services may include, various research, analytical, or advisory services related to tasks such as urgent insurance analyses for temporary concession contracts, transition planning because of environmental changes, or operational audits.

• Provide similar advisory services related to business and insurance issues to other Service programs.