MODIFICATION
99 -- Amendment #1 - Solicitation for Concession Contract to Operate Transportation, Bus Tour, Retail, Food & Beverage, Camping, and Other Services
- Notice Date
- 5/13/2015
- Notice Type
- Modification/Amendment
- NAICS
- 713990
— All Other Amusement and Recreation Industries
- Contracting Office
- Department of the Interior, National Park Service, NPS - All Offices, 12795 West Alameda Parkway, Post Office Box 25287, Denver, Colorado, 80225-0287
- ZIP Code
- 80225-0287
- Solicitation Number
- CC-DENA001-16
- Archive Date
- 7/6/2016
- Point of Contact
- Lisa Fox, Phone: (907) 644-3364
- E-Mail Address
-
lisa_fox@nps.gov
(lisa_fox@nps.gov)
- Small Business Set-Aside
- N/A
- Description
- Amendment #1 NOTE: This Amendment #1 and its updated documents is also available for download at http://www.concessions.nps.gov/dena001-16.htm. If there are discrepancies between this notice and the documents posted on http://www.concessions.nps.gov/dena001-16.htm, the posted documents will control. 1) The Prospectus is amended as follows: New Prospectus Delivery Location The inside cover has been changed to provide a new location for delivery of Proposals. All proposals must be delivered to: Tara Riggs National Park Service WASO Commercial Services Program 12795 West Alameda Parkway Lakewood, CO 80228 (303) 987-6905 2) New Information: The Solicitation is modified to add the Questions and Answers from the Site Visit of September 3-4, 2014. The questions and answers are posted to the Denali National Park and Preserve Prospectus Webpage at http://www.concessions.nps.gov/dena001-16.htm as Appendix X Site Visit Questions and Answers 3) New Information: Draft Contract. The Draft Contract has been modified to add Sec. 20. INTELLECTUAL PROPERTY LICENSE and Exhibit K - Intellectual Property Licensed Marks as follows: SEC. 20. INTELLECTUAL PROPERTY LICENSE (a) License Grant As used in this Contract, including all Exhibits, "Marks" means all trademarks, service marks and logos and brand identification and indicia, used to identify or describe the National Park Service and/or the Area and associated properties or features located therein, whether registered or not. The Director hereby grants to Concessioner and Concessioner accepts a revocable, nonexclusive world-wide, royalty-free license to use the Marks described and depicted in attachments hereto during the term of the Contract, for use solely in connection with carrying out the Contract requirements, and only in the form described and depicted in Exhibit K to this Contract. Fanciful uses or use in combination with other devices (such as a logo) of the Marks listed herein must be reviewed and approved by the Director prior to use. All uses may be reviewed and approved in advance or as otherwise mutually agreed to in cases of administrative burden. This license does not constitute a compensable interest to the Concessioner. This license shall cease upon termination or expiration of the Contract, or as otherwise determined by the Director or by applicable laws. The Director may amend this Contract to include additional Marks. The license to use the Marks does not include the right to use or to incorporate the Marks in any manner unconnected with the services provided under the Contract, including collateral marketing, outreach or advertising, or as trade names or internet domain names. The Marks may not be combined or altered in any way that may affect the integrity of the Mark. (b) Quality Control and Goodwill The Director and the Concessioner acknowledge that maintaining the distinctiveness of the Marks and high quality of the services, materials, products and merchandise produced, sold or otherwise prepared for public dissemination are material conditions of this Contract in order to preserve the associated goodwill generated by the Parties in furtherance of meeting the National Park Service mission. All uses of Marks by the Concessioner, including all goodwill arising from the Marks, shall inure solely to the benefit of the National Park Service. The Concessioner shall not by any act or omission use the Marks in any manner that disparages or reflects adversely on the National Park Service or its reputation. The Concessioner shall immediately cease use of any Mark used in association with the services provided under this Contract upon request of the Director, whether listed in this Contract or not. (c) Rights and Ownership (1) The Concessioner acknowledges and agrees that the National Park Service owns, or otherwise has the right to use and to license, these Marks. (2) The Concessioner acknowledges it shall not acquire any right, title, or interest in the Marks by virtue of this Contract other than the license granted hereunder, and disclaims any such right, title, interest, or ownership. The Concessioner shall not contest, dispute, challenge, oppose or seek to cancel the government's right, title, and interest in any Mark owned by the National Park Service or the validity of the license granted under this Contract, or any rights or ownership otherwise stated herein. The Concessioner shall not prosecute any application for registration or seek to register a Mark as a domain name or part of any domain name of any Mark that identifies the National Park Service or the Area, or that may otherwise cause confusion in the public as between the Concessioner and the National Park Service. Any term, name or device used for the purpose of describing the Area or goods, services or property located within the Area, including Concession Facilities, should be referred to as identified on the attachment. Any deviation or use outside of a nominative context must be approved by the Director. (3) The Concessioner will not sublicense, assign, pledge, grant or otherwise encumber to any third party all or any part of its rights or duties under this Contract in whole or in part without the prior written consent from the Director, which consent the Director may grant or withhold in its sole and absolute discretion. Any purported transfer without such consent is hereby void. (d) Notice and Assistance Regarding Intellectual Property Infringement (1) The Concessioner shall report to the Director promptly, in writing, and in reasonable detail, each notice or claim of intellectual property infringement based on the performance of this Contract of which the Concessioner has knowledge. (2) In the event of any claim or suit against the United States on account of any alleged intellectual property infringement arising out of performance of this Contract, the Concessioner shall furnish the Director, when requested, all evidence and information in the Concessioner's possession pertaining to such claim or suit. Draft Contract. Exhibit K. Intellectual Property Licensed Marks: Adolph Murie Backcountry Information Center Base Camp Belmore Brown Camp Eielson Cassin Ridge Cathedral Mountain Charles Sheldon Denali Denali Dog Demo Denali Kennels Denali National Park Denali National Park and Preserve Denali Park Road Denali Visitor Center Discovery Hikes Divide Mountain Double Mountain East Fork East Fork Cabin Eielson Eielson Bluffs Eielson Visitor Center Erratics Eureka Creek Fanny Quigley Fanny Quigley Cabin Friday Creek Grant Pearson Harry Karstens Highway Pass Hogan Creek Horseshoe Creek Horseshoe Lake Horseshoe Lake Trail Hudson Stuck Igloo Igloo Campground Igloo Creek Igloo Forest Igloo Mountain James Wickersham Jenny Creek Jonesville Trail Kantishna Kantishna Mining District Maurice Morino McKinley McKinley Bar Trail McKinley River McKinley Station Trail Meadow View Trail Moose Creek Mooses Tooth Morino Grill Morino Roadhouse Morino Trail Mount Eielson Mount Fang Mount Foraker Mount Healy Mount Healy Overlook Trail Mount Hunter Mount Margaret Mount McKinley Mount Stevens Mount Wright Mountain Vista Mountain Vista Trail Muldrow Glacier Murie Cabin Murie Excursion Murie Science and Learning Center Plains of Murie Polychrome Polychrome Glacier Polychrome Overlook Polychrome Mountain Polychrome Pass Primrose Primrose Ridge Riley Creek Riley Creek Campground Riley Creek Mercantile Reflection Pond Roadside Trail Robert Tatum Rock Creek Rock Creek Trail Ruth Gorge Ruth Amphitheater Sable Mountain Sable Pass Sanctuary Sanctuary Campground Savage Alpine Trail Savage Cabin Savage Cabin Trail Savage Campground Savage Checkstation Savage River Savage River Loop Trail Sheldon Amphitheater Sourdough Sourdough Expedition Spruce Forest Trail Stony Dome Stony Hill Stony Overlook Sugarloaf Hall Sunset Glacier Taiga Taiga Trail Teklanika Teklanika River Teklanika Campground Teklanika Rest Stop Thayer Basin Thorofare Pass Toklat Toklat River Triple Lakes Trail Tundra Turtle Hill Visitor Transportation System (VTS) Walter Harper West Buttress West Rib Wilderness Access Center Wonder Lake Wonder Lake Campground Wonder Lake Ranger Station Wyoming Hills 4) In the Proposal Instructions we have deleted the language in Section 2 (e) and replaced it with the following: e) Offerors must use normal sized font, such as 10, 11, or 12 point, and 1 inch margins on all sides, in the body of the proposal. This standard also applies to all tables, charts, graphs, and provided forms. The Service will accept images of sample material using less than normal sized font. 5) In the Proposal Package, Selection Factor Response Format section, we have added the following bullet: • The evaluation panel will only take firm commitments into account when evaluating proposals. Responses that include terms such as "look into," "research," "may," "if feasible," and similar terms are not considered as firm commitments. In addition, the Service considers responses that include a specific time for commitment implementation as a stronger response. For example, "XXX commits to provide recycle containers in each lodging room by December of 2017." And deleted the fourth bullet and replaced it with the following: • Offerors must use normal sized font, such as 10, 11, or 12 point, and 1 inch margins on all sides, in the body of the proposal. This standard also applies to all tables, charts, graphs, and provided forms. The Service will accept images of sample material using less than normal sized font. 6) In the Proposal Package - PRINCIPLE SELECTION FACTOR 4 We have edited the wording to be more concise. Edits have been made to the Notes to Offeror and Subfactors 4(a) and 4(b), and the Business History Information Form. Refer to the Proposal Package (updated) document posted on the Denali National Park and Preserve Prospectus Webpage at http://www.concessions.nps.gov/dena001-16.htm PRINCIPAL SELECTION FACTOR 4. THE FINANCIAL CAPABILITY OF THE OFFEROR TO CARRY OUT ITS PROPOSAL. (0-5 POINTS) Notes to Offeror: In the event the Offeror is not yet in existence, provide the information described below with respect to both the to-be-formed Offeror and the Offeror-Guarantor(s). The submission must include a letter from each Offeror-Guarantor that unconditionally states and guarantees the Offeror-Guarantor will provide the Offeror with all funding, management and other resources that the Draft Contract requires and the proposal offers. Failure to provide the required documentation may lead to the National Park Service determining your offer is non-responsive and ineligible for award of the Draft Contract. All forms are provided electronically on the enclosed compact disk. The Offeror must complete all forms provided and submit both a hard copy and an Excel spreadsheet file. Subfactor 4(a). Demonstrate that you have a credible, proven track record of meeting your financial obligations. The Offeror (or each Offeror-Guarantor) must provide comprehensive materials to demonstrate that it has a history of meeting its financial obligations by providing the following: 1) The completed Business History Information form provided at the end of this section for the Offeror AND any parent company that will provide financial or management assistance. If the Offeror is not yet formed, provide a business history form for each Offeror-Guarantor. 2) A complete credit report in the name of the Offeror and a complete credit report for any parent company that will provide financial or management assistance that includes scores and is dated within six months prior to the date of the proposal. The report must be from a major credit reporting company such as Equifax, Experian, TRW, or Dun & Bradstreet. If the Offeror is not yet formed, include a credit report for each Offeror-Guarantor. Subfactor 4(b). Demonstrate the Offeror's business experience and financial capacity by providing the following: Submit the Offeror's audited financial statements for the two most recent fiscal years, with all notes to the financial statements. Audited financial statements must be provided for any individual Offerors, general partners in a partnership, and all venturers in a joint venture. If the Offeror is not yet formed, submit audited financial statements for each Offeror-Guarantor. If audited financial statements are not available, explain in detail why they are not available. If audited financial statements are not available, explain why the statements were reviewed rather than audited. If neither audited nor reviewed statements are available, explain in detail why they are not available and submit: Business financial statements. The Offeror (or Offeror-Guarantor(s), as applicable) must submit its financial experience including financial statements that are certified as to accuracy and completeness by an authorized officer of the entity. If none of the above are available, explain in detail why they are not available and submit: Personal financial statements. The Offeror (or Offeror-Guarantor(s), as applicable) must submit personal financial statements certified as to accuracy and completeness by the submitting individual for each of the Offeror's principals (as described under Offeror's Organizational Structure in Principal Selection Factor 3). BUSINESS HISTORY INFORMATION FORM (PRINCIPAL SELECTION FACTOR 4 - SUBFACTOR 4A ) Business history information should be provided for the Offeror AND any parent company that will provide financial or management assistance. If the Offeror is not yet formed, provide a business history form for each Offeror-Guarantor. The information provided below is for the entity: __________________________________ (1) Has Offeror ever defaulted from or been terminated from a management or concession contract, or been forbidden from contracting by a public agency or private company?  YES  NO If YES, provide full details of the circumstances. (2) List any Bankruptcies, Receiverships, Foreclosures, Transfers in Lieu of Foreclosure, and/or Work-Out/Loan Modification Transactions during the past five years. Include an explanation of the circumstances, including nature of the event, date, type of debt (e.g., secured or unsecured loan), type of security (if applicable), approximate amount of debt, name of lender, resolution, bankruptcy plan, and/or other documentation as appropriate. If none, check the box below. Otherwise, provide full details on a separate sheet.  NONE (3) Describe any pending litigation or administrative proceeding (other than those covered adequately by insurance) which, if adversely resolved, could materially impact the financial position of the Offeror. If none, check the box below. Otherwise, provide full details on a separate sheet.  NONE (4) Describe any lawsuit, administrative proceeding or bankruptcy case within the past five years that concerned the Offeror's alleged inability or unwillingness to meet its financial obligations. If none, check the box below. Otherwise, provide full details on a separate sheet.  NONE (5) Describe any liens recorded against the Offeror within the past five years (whether from taxing authorities or judgments) and, if resolved, provide a copy of any lien release. If none, check the box below. Otherwise, provide full details on a separate sheet.  NONE 7) Draft Contract Exhibit B. Operating Plan, Section 3(C)(1)(l) and (m) have been deleted and replaced with the following: l) Towing. The Service determines towing rates by the comparability method on a per mile rate. m) Limited Garage Services and Repairs. Rates will be determined by comparability and be set at a per hour rate. 8) Draft Contract Exhibit B. Operating Plan, Section 6(I)(1) and (2) have been deleted and replaced with the following: Towing and Maintenance (1) General. The Concessioner must provide maintenance and towing for its buses. Oversized vehicle restrictions apply to towing equipment (see Denali Park Road Use Handbook). Service approval is required for exceptions to oversized restrictions. (2) Towing. The Concessioner must provide towing service for any vehicle on the restricted section of the park road. Towing will be done in the evening unless otherwise approved by the Superintendent. 9) Draft Contract Exhibit C. Non Discrimination, we have deleted language in Section 1 (A)(1-2) and 1 (C)(2)(i) and replaced it with the following: Section 1(A) (1) The Concessioner will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, age, national origin, or disabling condition. The Concessioner will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, age, national origin, or disabling condition. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Concessioner agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Secretary setting forth the provision of this nondiscrimination clause. (2) The Concessioner will, in all solicitations or advertisements for employees placed by on behalf of the Concessioner, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, age, national origin, or disabling condition. Section 1(C)(2) (i) publicizing facilities operated hereunder in any manner that would directly or inferentially reflect upon or question the acceptability of any person because of race, color, religion, sex, sexual orientation, gender identity, age, national origin, or disabling condition; 10) Draft Contract. Exhibit D. Assigned Land and Real Property has been changed as follows: The overflow parking area of the Riley Creek Campground has been removed from the land assignment. The map on page D-6 has been altered to remove asset numbers 39809 and 39810. These assets are also removed from the asset list on page D-14. An updated version of Exhibit D has been posted to the Denali National Park and Preserve Prospectus Webpage at http://www.concessions.nps.gov/dena001-16.htm THIS AMENDMENT DOES NOT EXTEND THE PROPOSAL DUE DATE. Proposals must be received by July 6, 2015. THIS AMENDMENT DOES CHANGE THE TIME AND THE LOCATION THE PROPOSALS ARE DUE. The proposals are due no later than 4:00 p.m. (Mountain Time) to: Tara Riggs National Park Service WASO Commercial Services Program 12795 West Alameda Parkway Lakewood, CO 80228 (303) 987-6905 The National Park Service intends to issue a Prospectus soliciting proposals to Operate Transportation, Bus Tour, Retail, Food and Beverage, Camping and Other Services in Denali National Park and Preserve. The Prospectus explains the business opportunity and the terms and conditions under which the NPS will award the concession contracts. Offerors determined to be Preferred Operators under Section 1307 of ANILCA and 36 CFR 13.315 will receive a preference in contract award. To date, the following entities have already established Preferred Operator status: Doyon Limited, AHTNA Regional Corporation, Cook Inlet Regional Corporation, and MTNT Village Corporation. Other individuals or entities may apply to be a Preferred Operator, pursuant to 36 CFR 13.325. The Director of the Service has determined that no Preferred Offeror for this Draft Contract exists pursuant to the terms of 36 CFR Part 51. The National Park Service will issue the Prospectus on April 9, 2015 under the terms described in the Prospectus, with proposals due no later than 4:00 p.m. Alaska Daylight Time on July 6, 2015. Any proposal, including those of the existing concessioners, must be received by the Concessions Management Specialist, Alaska Regional Office, 240 W. 5th Avenue, Anchorage, Alaska 99501 by the deadline date and time in order to be evaluated and considered for award of the concession contract. The Prospectus is available at the NPS Commercial Services website at: http://concessions.nps.gov/prospectuses.htm Hard copies are available upon request for a printing cost recovery charge. The fee is $30 per copy. Persons interested in obtaining a Prospectus should mail, or bring in person, a check or money order (NO CASH SALES) made payable to the NPS. You must include a business address. For personal pick up, contact Lisa Fox, Concession Management Specialist, Alaska Regional Office, 240 W. 5th Avenue, Anchorage, Alaska 99501 ( Lisa_Fox@nps.gov or 907-644-3364). Questions related to the Prospectus must be submitted in writing, via email to Lisa Fox, Concession Management Specialist, at Lisa_Fox@nps.gov, no later than Monday May 11, 2015. All proposals, including that of the existing Concessioner, must be received by Jill Morgan, Concession Program Manager, National Park Service, Alaska Regional Office, 240 West 5th Avenue, Suite 114, Anchorage, Alaska 99501, no later than 4:00 p.m. AKDT on Monday July 6, 2015, in order to be evaluated and considered for an award of a concession contract. If you are planning to submit a proposal and have obtained your Prospectus from the website, please advise Lisa Fox at the number above or by e-mail Lisa_Fox@nps.gov of your contact information in order to receive future response to questions or amendments to the Prospectus. Those requesting hard copy or who have been placed on the mailing list will be provided with any additional information specific to the Prospectus in writing. Information relative to the solicitation will also be posted to the above mentioned NPS Commercial Services website. Questions specific to the Prospectus must be asked in accordance with the Proposal Instructions located in the Prospectus.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOI/NPS/APC-IS/CC-DENA001-16/listing.html)
- Place of Performance
- Address: Denali National Park and Preserve, 99755, United States
- Zip Code: 99755
- Zip Code: 99755
- Record
- SN03729427-W 20150515/150513234633-adf29fb053327e17c7df636df32fb971 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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