2024 Question Responses BUFFXXX-25B.pdf

NPS responses to Questions submitted regarding Buffalo National River Prospectus April 30, 2024

1. Transportation Shuttle Services: Does the language in the new prospectus allow for the concessioner to shuttle rental and non-rental customers between park approved access points as they currently do? Or does the new prospectus language remove their ability to shuttle customers as they currently do?

ANSWER: The prospectus does not remove the ability of the concessioner to shuttle customers as they currently do. Section 2(a)(1) of the contract requires the concessioner to provide transportation for rental customers and the rental vessels to the appropriate drop off and pick up locations. Section 2(a)(2) of the contract authorizes the concessioner to transport customers who do not rent vessels from them. The transportation of customer and vessel(s) under Sec. 2(a)(1) or (2) can be accomplished by either shuttling people and vessels with buses/trailers or by shuttling people’s individual vehicles, or any combination of the two.

2. Gross Receipts: Could you please provide a definition of “gross receipts” as used in the new prospectus?

ANSWER: The definition of “Gross Receipts” is found in Addendum 1, section 1(f), of the contract, which is included in the prospectus. It states:

“Gross Receipts” means the total amount received or realized by, or accruing to, the Concessioner from all sales for cash or credit, of services, accommodations, materials, and other merchandise made pursuant to the rights granted by this Contract, commissions earned on contracts or agreements with other persons or companies operating in the Area, and gross receipts earned from electronic media sales, but excluding:

a) Intracompany earnings on account of charges to other departments of the operation (such as laundry);

b) Charges for employees' meals, lodgings, and transportation;

c) Cash discounts on purchases;

d) Cash discounts on sales;

e) Returned sales and allowances;

f) Interest on money loaned or in bank accounts;

g) Income from investments;

h) Income from subsidiary companies outside of the Area;

i) Sale of property other than that purchased in the regular course of business for the purpose of resale;

j) Sales and excise taxes that are added as separate charges to sales prices, gasoline taxes, hunting and fishing license fees, and postage stamps, provided that the amount excluded will not exceed the amount actually due or paid government agencies;

k) Receipts from the sale of handicrafts that have been approved for sale by the Director as constituting authentic American Indian, Alaskan Native, Native Samoan, or Native Hawaiian handicrafts.

All monies paid into coin operated devices, except telephones, whether provided by the Concessioner or by others, must be included in gross receipts. However, only revenues actually received by the Concessioner from coin-operated telephones must be included in gross receipts. All revenues received from charges for in-room telephone or computer access must be included in gross receipts.

3. Operating Plan: It is our understanding that the current contract allows for removal of damaged, submerged, or lost equipment from the area within 48 hours of notification or discovery, river conditions permitting. The new prospectus lowers that number to 24.

a. Can you clarify why the amount of time was reduced?

ANSWER: The number of hours was reduced from 48 hours to 24 hours to align with NPS regulations 36 CFR § 2.22. Section 4(E)(c) of the Operating Plan states, “The Concessioner must remove any of its damaged, submerged, or lost equipment from the Area within 24 hours of notification of discovery of its location, river conditions permitting.”

b. Will the concessioner be fined if they exceed 24 hours? If so, how much?

ANSWER: Determinations on fines will be made on a case-by-case basis. A citation for violations of 36 CFR § 2.22 may be issued at the discretion of the law enforcement officer. Currently, the collateral forfeiture imposed by the Federal Court of that jurisdiction is set between $150 - $1,000. Further, Exhibit B: Operating Plan, Sec.

4(E)(1) states: “Equipment left beyond 24 hours may be removed by the Service and the Concessioner will be billed for the removal.”

c. If the 24-hour time period is exceeded and the equipment is retrieved by NPS, as opposed to the concessioner, and is subsequently damaged, how will that damage be handled?

ANSWER: The NPS will communicate with the Concessioner directly regarding abandoned property. The outcome will be determined on a case-by-case basis.

4. If the Preferred Offeror status exists for 11 of the 12 contracts being awarded, then does that mean only one opportunity exists? Is there any potential for a new site for concessions? Or is this strictly only for existing location sites?

ANSWER: Please see page 4 of the Business Opportunity Introduction: “The NPS intends to award 12 concession contracts in Buffalo National River….” Also see Page 22 of the Business Opportunity, which explains that even Preferred Offerors must submit a responsive proposal in order to have the opportunity to match the terms of the best offer and be awarded the contract. Thus, a Preferred Offeror is not automatically awarded the new contract. For further information regarding the location of each opportunity, see Exhibit 4 on Page 12 of the Business Opportunity, which lists the district for each contract.

5. Many selection factors and subfactors have distinct headings, page limits, and requests for information.

Question: Where there is ambiguity should the Offeror err on the side of providing too much information, even when a request does not provide as detailed instructions as some other requests? Is an offeror permitted to add other pages or sections to its proposal package in order to be “responsive” where no page limits or instructions are given or to provide pages to assist the reviewer?

For example: May an Offeror add a Statements of Guarantees page or Summary of Insurance Coverage. May an offeror add general formatting choices such as table of contents, definitions page, cover pages, page breaks for different sections to assist the reviewers?

ANSWER: Page 1-2, Section 2(c) of the Proposal Instructions states that the Offeror should, “…number each page and section in your completed proposal. Add information to your proposal only to the extent that it is necessary and relevant to respond to the factor. Each page should have a heading identifying the selection factor and subfactor to which the information contained on the page responds. It is important that your response stays within the organizational framework in the Proposal Package and provides all relevant information directly in response to each selection factor”. While it is acceptable to include a cover page or a table of contents, the only pages the Panel will consider for each selection factor are the pages that directly respond to that selection factor and are within its page limits.

6. Principle selection factor 3 (page 10, paragraph 2 of proposal package) requests that the offeror describe the entity that will contract with the NPS, its relationships with other entities, etc. No page limit is specified. Farther down on paragraph 4, the same or similar information is requested to be added to the Business Organization Information Form.

Question: Is the Offeror expected just to fill the appropriate forms, or would a detailed description of the requested information, along with the forms be accepted by the NPS?

Note: This is a specific example relating to question 1.

ANSWER: The Offeror must fully respond to the requests in the first paragraph of Principle Selection Factor 3 and must also fill out the appropriate table(s) in this section, including the appropriate supplemental information requested underneath the appropriate table(s).

7. Many Selection Factors have general questions and/or statements before Subfactor questions and requests.

Question: Is an Offeror permitted to add an introductory response to the main Selection Factor to guide the reviewer? And will it or will it not count towards any points in the Subfactor questions?

ANSWER: Page 2, Section 2(d) of the Proposal Instructions addresses page limits, stating that “Where page limits are set out in the Proposal Package, the Service will not review or consider the information on any pages that exceed the page limitations stated, including attachments, appendices, or other additional materials the Offeror submits.”. The Offeror may provide information to the extent that it is necessary and relevant to respond to the factor, such as an introductory response, but is still limited in its response to the page limits outlined at the beginning of each subfactor. For instance, Principal Selection Factor 1 has two subfactors, both of which are limited to 3 pages each. Only that information contained in each 3-page response will be considered.

8. Question: Are there any format styles prohibited in a proposal? Can headings be larger than the maximum size of 12 points?

Example: Bold, underline, italics. CAPITALIZATION for headings or main points.

ANSWER: Page 2, Section 2) f) of the Proposal Instructions states that, “Offerors must use 11- or 12-point font for all text within the proposal, including all tables, charts, graphs, and provided forms.” The Instructions do not specifically address larger fonts, underline, italics, or capitalization.

But the text may NOT be smaller than 11 or 12 points.

Question: Where does the NPS prefer these stand-alone documents to be placed within its proposal--within its respective Selection Factor or Subfactor, or all in a separate appendix with appropriate reference?

ANSWER: Page 2, Section 2) d) of the Proposal Instructions states that, “Where page limits are set out in the Proposal Package, the Service will not review or consider the information on any pages that exceed the page limitations stated, including attachments, appendices, or other additional materials the Offeror submits.” Any stand-alone documents submitted must be placed within the context of the Offerors response to the appropriate Selection Factor or Subfactor.

9. Question: Because many of the required forms and documents are in PDF, is an offeror permitted to re-type or reformat the forms in order to add relevant information or remove inapplicable information (ex. draft proposal page numbers, NPS headers/footers)? Or does the NPS want exact copies of forms and documents as presented in the proposal package, including proposal package page numbers, pre-set fonts and format?

Note: Any re-typing or reformatting suggested in this question does not include altering, adding, or removing any terms, conditions, or requirements contained within any form or contract.

Example: Offeror’s Transmittal Letter has sections in which Offeror-specific information, like business name, must be added and also sections that are only to be included “if the Offeror is not yet in existence.” Would it be acceptable for the Offeror to retype or reformat the Transmittal Letter and add it’s information, but also remove lines that don’t apply to the Offeror?

ANSWER: Page 1, Section(2)(a) of the Proposal Instructions states, “Offerors must follow the format provided in the Proposal Package, including in its entirety without alteration the “Offeror’s Transmittal Letter,” in applying for the concession opportunity. Failure to submit a signed Offeror’s Transmittal Letter without alteration (except for filling in the indicated blanks) will make your proposal non-responsive.”

10. On page 15 of Proposal Package, Subfactor 3(a) “Operational Experience” asks for two examples of experience in operating and managing a business similar to type and scope, (described in 3 pages).

Question: If an offeror has held previous similar contracts with the NPS, would each contract be considered a prior “example of experience in operating and managing a business similar to type and scope?”

Example: If the Offeror has owned and operated the same boat rental business as an approved concessioner for multiple contract periods, would that be considered one example for each respective contract or one example in total?

Question: If the Offeror can only provide one example, will the answer be considered nonresponsive or be given a lower score? If the Offeror can only provide one example, will the reviewers consider the quality of the experience when scoring that selection factor?

ANSWER: Subfactor 3(a). Operational Experience. The National Park Service wants to ensure that each Offeror has ample positive experience providing services outlined in the contract to ensure the best possible customer experience. Each contract held constitutes one example. As stated in the question, “If an Offeror provides more than two examples of operational experience, the Service will evaluate only the first two examples.” Although the question requests two examples of experience, the Offeror is evaluated on the operational experience, not necessarily the number of examples.

11. Subfactor 3(a) Operational Experience, Line 10: "Annual number of shuttles by shuttle type (shuttling people and shuttling vehicles)."

Question: For each of the two examples, is the service requesting annual number of shuttles of every year the similar business was in operation? If accurate numbers cannot be provided due to length of time, will the service accept estimates, averages, or the most recent years?

ANSWER: The NPS would like to see the actual number of shuttles by shuttle type for the most recent four years for each example.

12. Subfactor 3(a) Operational Experience has two parts. The first part requests two examples of experience in similar operations. The second has 10 questions and requests them in “tabular format” (no page limit).

Question: In order to assist the reviewer, is the Service requesting tabular format to include both examples, such as in Option 1, or tabular formatting as to each of the 10, such as Option 2 (See below)?

Option 1:

In tabular format, provide the following information:

Example 1 Example 2

Name and location of operation

Nature and tenure of the Offeror’s involvement, status of business

Duration of involvement in managing the operation, including dates

Approximate dates of average operating season and hours the operation was open

Etc..

Option 2:

In tabular format, provide the following information:

Name and Location of Operation:

Name Location

Example 1

Example 2

Nature and Tenure of the Offeror’s Involvement and Status of Business:

Offeror Name Involvement and Business Status

Example 1

Example 2

Duration of Involvement in Managing the Operation and Dates:

Duration in Managing Operation Dates

Example 1

Example

Dates of Average Operating Season and Hours of Operation:

Etc.…

ANSWER: Provide a narrative for each example and, in tabular format, answer the ten questions identified in Subfactor 3(a).

13. Draft Contract (G) Equipment Stockpiling and Staging (2) General Stockpiling Guidelines (f) Stockpiling may only occur between sunrise and sunset.

Question: Is this a hard and fast timeline for stockpiling? My reasoning is that stockpiling after sunset and before sunrise sometimes presents safety issues of operating in the dark. Additionally, sunrise and sunset vary drastically at different points in the season. Sunrise can be hours before the open and close of business in May and June.

ANSWER: Contract Exhibit B, Section 4. G)(2)(f) states that, “Stockpiling may only take place between sunrise and sunset.” This means that companies may only stockpile after sunrise and inventory must be pulled prior to sunset, because to do so prior to sunrise or after sunset presents a safety hazard.

14. Under the 2025 Draft Contract, only two trailers are permitted at stockpiling locations, unless otherwise specified.

Question: To be clear, at the beginning of the contract 2025, all approved concessioners are only permitted to have 2 concession-owned trailers at stockpiling locations, unless at a specifically identified stockpiling locations? Are the number of concession-owned vehicles limited at unspecified stockpiling locations?

ANSWER: Contract Exhibit B, Section 4. G) (5) states that, “The Concessioner may not stage more than two (2) trailers at designated stockpiling locations.”. This means that Concessioners may not have three or more trailers at any locations where stockpiling is permitted.

15. Draft Contract 7. Public Relations (B) Advertisements and Promotional Material (3) Promotional Material--The Concessioner must obtain approval for all promotional material, including websites, social media, radio, television, or other media, prior to publication, distribution, broadcast, etc.

within 90 days of Contract award, and 30 days prior to any projected need or printing date. The NPS will make every effort to respond to minor changes within 15 days. Longer periods may be required for major projects or where NPS staff assistance is required to help develop the product.

Question: What is considered “promotional material” by the NPS? Section (7)(B)(5)(b) conflicts by stating that individual social media posts do not need prior NPS approval. Concessioners occasionally make posts regarding river conditions, weather, etc. The specified approval period may cause the purpose of the ad hoc posting to be void.

ANSWER: Contract Exhibit B, Section 7(B)(3)(a) defines promotional material for which the Concessioner must obtain prior approval as, “websites, social media, radio, television, or other media, prior to publication, distribution, broadcast, etc.”. Contract Exhibit B, Section 7(B)(5)(a) states that “All social media used by the Concessioner is subject to NPS approval….” Section

7(B)(5)(b) states that “[I]ndividual social media posts do not need prior approval of the NPS. Read together, this means that the Concessioner’s social media in general is subject to approval. It does not mean that you must gain prior approval for every post, but that if the NPS looks at your social media and finds something objectionable, illegal, or inaccurate, the Concessioner must remove it upon request.

16. In light of recent discussions of redesignating the Buffalo National River, a great amount of public attention has shed light on the potential for special interest groups and billion-dollar businesses changing the nature and character of the Buffalo National River. Many of these interest groups and billion-dollar businesses would be able to absorb the costs of proposing high franchise fees that would otherwise be financially unsustainable for small and medium business offerors.

Question: Does the NPS consider any amount of proposed franchise fee offered against a preferred Offeror to be bad faith?

Example: Would the NPS consider a proposal to be made in bad faith if a non-preferred Offeror proposes a 25%, 50%, or even 100% franchise fee to the NPS, knowing the preferred offeror would essentially have to match the proposed fee?

ANSWER: Proposals submitted by an Offeror must demonstrate financial viability as requested in Principal Selection Factor 4. If an Offeror proposed a 25%, 50%, or even 100% franchise fee and the financial information provided did not bear out the reasonableness of this offer, it would not be considered a viable offer, resulting in a lower score. Further, the proposed franchise fee is subordinate to the objectives of protecting, conserving, and preserving resources of Buffalo NR and of providing necessary and appropriate services to the public at reasonable rates.