MODIFICATION
M -- Passenger Ferry, Evening Passenger Ferry, and Food and Beverage Service at Fort Sumter National Monument
- Notice Date
- 3/30/2016
- 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-FOSU001-17
- Point of Contact
- Mark Morgan, Phone: (404) 507-5638
- E-Mail Address
-
Mark_Morgan@nps.gov
(Mark_Morgan@nps.gov)
- Small Business Set-Aside
- N/A
- Description
- A CONCESSION BUSINESS OPPORTUNITY FOR PASSENGER FERRY, EVENING PASSENGER FERRY, AND FOOD AND BEVERAGE SERVICE AT FORT SUMTER NATIONAL MONUMENT The National Park Service (NPS) will issue a prospectus for solicitation of offers for a 10 year concession contract to provide for Passenger Ferry, Evening Passenger Ferry, and Food and Beverage Service at Fort Sumter National Monument Fort Sumter is one of the most iconic sites in American military history as the location where Confederate forces fired the first shots of the Civil War upon Federal troops on April 12, 1861. The Park preserves the remnants of Fort Sumter and commemorates and interprets the opening battle of the Civil War and the Fort's role during the Civil War. The War Department transferred Fort Sumter to the National Park Service on April 28, 1948. The National Park Service accepted jurisdiction of Fort Moultrie in 1960. The Park includes four geographical areas: Fort Sumter, Fort Moultrie (the site of the first American naval victory over the British in 1776), the Historic Coast Guard Station, and the Visitor Education Center at Liberty Square ("Visitor Education Center"). The Visitor Education Center at Liberty Square, located in downtown Charleston, SC, serves as one departure point for the ferry services to Fort Sumter. Fort Moultrie and the Historic Coast Guard Station are located on Sullivan's Island, SC. Visitors can reach Fort Sumter by ferry service or private boat. Visitors reach Liberty Square, Fort Moultrie, and the Historic Coast Guard Station by automobile. Fort Sumter National Monument continues to represent an iconic attraction within the Charleston area, serving hundreds of thousands of visitors annually. Additional information on Fort Sumter National Monument can be found at http://www.nps.gov/fosu/ The concession opportunity consists of year-round passenger ferry service, including onboard food and beverage service, and seasonal evening passenger ferry service to Fort Sumter. The ferry will operate in Charleston Harbor and depart from Service-owned docks at Liberty Square adjacent to the Fort Sumter Visitor Education Center and a second ferry departure site in the Mount Pleasant/East Cooper River area. SITE VISIT The Service will host a site visit for organizations interested in bidding on this opportunity on Wednesday, January 13, 2016. The site visit will begin at 10:00 AM at Liberty Square with a visit to Fort Sumter and continue afterwards with a visit to Mount Pleasant Waterfront Park and Patriots Point. The site visit provides interested organizations an overview of the concession operation, along with a tour of the Concession Facilities associated with the Draft Contract. If you plan to attend the site visit, please contact: Attn: Tony Paladino, Concession Management Specialist Fort Sumter National Monument 1214 Middle Street Sullivan's Island, SC 29482 anthony_paladino@nps.gov (843) 732-5025 Please RSVP at least one week in advance of the site visit. When registering, you must provide your name, the name of the organization interested in bidding that you represent, the primary contact for the organization and the number of people in your party. All parties attending the site visit must disclose to the Service the names of the interested organizations engaging their services. The Service will provide further information and additional directions by return email message to the primary contact. All offers must be received by the NPS at the address listed in the prospectus no later than 4:00 p.m. Eastern Time on Thursday, March 31, 2016, in order to be evaluated and considered for an award of a concession contract. The prospectus describes the business opportunity and includes the terms and conditions under which the NPS will award the concession contract. The prospectus is available on the NPS website at http://www.concessions.nps.gov/prospectuses.htm, or you can receive a hard copy for $35.00. To request a copy of the prospectus, send a check for $35.00 payable to the National Park Service to Mark Morgan at the address listed below. This amount includes an administrative charge and Fed Ex shipping fee for each prospectus. Please include a physical address (no post office box) and telephone number. You may also pick up a printed copy at the Superintendent's Office at Park Headquarters for $30.00 (checks only). If you are planning to submit a proposal and have obtained your prospectus from the website, we recommend that you advise Mark Morgan, Concessions Management Specialist, Southeast Region, NPS, AFC, 1924 Building, 100 Alabama Street, S.W., Atlanta, GA 30303 at (404) 507-5638 or e-mail at Mark_Morgan@nps.gov of your interest so your contact information can be placed on a mailing list to receive future responses to questions or amendments to the prospectus. Those receiving a hard copy or who are on the mailing list will be provided with any additional information specific to the prospectus in writing. The same information is posted to the above mentioned website. Inquiries can be directed to Mark Morgan at (404) 507-5638 or e-mail at Mark_Morgan@nps.gov. No telephone requests for the prospectus will be honored. AMENDMENT NO. 3 To: All Recipients of the Prospectus, CC-FOSU001-17, a Concessions Business Opportunity for Passenger Ferry, Evening Passenger Ferry, and Food and Beverage Service at Fort Sumter National Monument. In the Prospectus issued December 10, 2015, the National Park Service ("Service") stated it would respond to questions about the Prospectus if submitted in writing and received by January 22, 2016. The Service received a large number of questions about the Prospectus, which were all received timely. The Service responded to the majority of the questions in Amendment No. 2. The Service responds to the remaining questions pertaining to the requirement for a second departure site from the Mount Pleasant/East Cooper River Area (Second Departure Site) and amends the prospectus pursuant to this Amendment and Amendment No. 2 as described below. Service Responses to Offeror's Questions on Solicitation #: CC-FOSU001-17 Second Departure Site Questions The Service received a number of questions about the ability of an Offeror, other than the incumbent, to secure the use of a Second Departure Site for the required services under the Draft Contract in the Mount Pleasant/East Cooper River area. These questions are listed below. Questions: •Will the Park Service consider allowing all departures to take place from the Liberty Dock to create fair competition between prospective concessioners and the incumbent? If not why? •With the incumbent holding the significant advantage of having an exclusive lease agreement in place for a second departure point, how can a prospective new offeror compete on a level playing field for a second departure site? •Given that the incumbent holds a long-term exclusive lease securing departure sites from Patriots Point for the next ten years or more, how is it possible to use the Patriots Point dock as a second departure site for any new prospective concessioner? •Given that Charleston Harbor Marina is controlled by the Patriots Point State Development Authority, which also controls the Patriot Point dock, and the incumbent already has an exclusive lease in place with that authority, how is it possible to use Patriots Point dock as a second departure site for any new prospective concessioner? Service Response: The Service will follow the intent of the 2003 General Management Plan Amendment (GMP Amendment) and continue to require a Second Departure Site from the Mount Pleasant/East Cooper River area. However, the Service recognizes that new information is now available that creates some doubt that interested parties, other than the Existing Concessioner, would be able to obtain a Second Departure Site from which to operate. This information includes the recently defeated voter referendum on raising taxes to pay for the further development of Mount Pleasant parks, including Mount Pleasant Memorial Waterfront Park, and, according to conversations between the Service and the Patriot's Point Development Authority (PPDA), the PPDA currently desires to have a Second Departure Site only at its current location, which is leased to the Existing Concessioner for the foreseeable future, and is not interested in exploring the option of a departure site from Charleston Harbor Marina (CHM). In addition, the lessee of CHM has stated that it opposes sub-leasing a Second Departure Site in the CHM space of PPDA. Despite this new information, the Service believes that an interested party other than the Existing Concessioner would still be able to secure and operate from a Second Departure Site at either Mount Pleasant Memorial Park (through negotiations with the City) or the current Second Departure Site (through negotiations with the Existing Concessioner and PPDA after selection of the best proposal). The Service recognizes that a new concessioner may require more time to secure a Second Departure Site than the 60 days originally allowed in the Draft Contract Section 21. As such, the Service has amended the Draft Contract to extend this period to 180 days. In addition, as set forth below, due to these developments, the Service is making additional revisions to the Prospectus and Draft Contract. Questions: •Can the contract be amended to remove the three-year term penalty if a prospective concessioner cannot secure a second dock location within 730 days? If not, why? •In the material provided, there is a provision for the potential cancellation of the contract with the concessioner after three (3) years, which naturally presents a challenge to any potential bidder. Could this cancellation provision be waived? •Under Sections 1 and 21 of the current Draft Contract language, the National Park Service will award the Contract and then give the concessioner 60 days after the effective date of the Contract to "secure" a second departure site in the Mt. Pleasant/East Cooper area. Our question is this: If the concessioner does not secure the second departure site within the required 60 days, will it then be allowed to operate for 3 years (or potentially up to 10 years if the National Park Service exercises its stated option to extend) with no departures at all from the Mount Pleasant/East Cooper area? Service Response: The Draft Contract continues to require the Second Departure Site to come online with all improvements within 730 days and continues to shorten the term of the Contract to 3 years if the Concessioner is unable to meet these requirements. However, if after 180 days, despite demonstrating good faith efforts to secure a Second Departure Site, the Concessioner is unable to secure a site, and the Service determines that the inability to do so resulted from events beyond the control of the Concessioner, the Service will allow the Concessioner to operate solely from Liberty Square, in accordance with Draft Contract Section 1, which allows the Director to "extend this shortened term (but not beyond the original date of expiration of this Contract) in circumstances where the Director determines, in his or her sole discretion, that failure to fulfill either or both of these requirements results from circumstances beyond the control of the Concessioner.". The Concessioner must continue to make good faith efforts to secure a Second Departure Site, and demonstrate it has made and continues to make good faith efforts by providing the Service a detailed plan for securing the site, including a realistic timeline for negotiations, with milestones, and tasks. Additionally, the Concessioner must provide the Service with progress reports including information such as titles and contact information of participants in the negotiations, list of meetings, dates, times, type of communication (in person, over the phone, email, etc), notes of discussions and meetings, summary of outstanding issues, and costs associated with the good faith efforts. The Concessioner will have 730 days following the date the Concessioner has secured a Second Departure Site (the effective date of this Contract if a site is secured on that date), to complete the improvements. The Service has amended the prospectus to reflect this position. In recognition of the possibility that the Concessioner may operate for a time from only Liberty Square, the Service must adjust the minimum franchise fee requirements. The original minimum franchise fee (16%) was calculated assuming the costs and privileges associated with operating from Liberty Square and a Second Departure Site (which, to be conservative, was assumed to be Mount Pleasant Memorial Waterfront Park, since this location requires the greatest initial investment). Operating only from Liberty Square would require a much lower initial investment, no rent for a Second Departure Site, lower fuel consumption (as compared to departing from Mount Pleasant Memorial Park), and decreased facility maintenance and operating expenses, because no Second Departure Site would be used. Therefore, the Service has amended the Draft Contract and Prospectus to require a higher franchise fee during the period the Concessioner operates only from Liberty Square following the first 180 days after the effective date of the Draft Contract. After these first 180 days, if the Concessioner is unable to secure and begin operating from a Second Departure Site, despite demonstrating good faith efforts to secure a Second Departure Site, the minimum franchise fee will adjust to twenty percent (20%) of the Concessioner's gross receipts so long as Passenger Ferry service is provided from only Liberty Square to Fort Sumter. If the offeror who is awarded the Contract has offered more than the minimum of 16%, then the 20% franchise fee will be increased by the same percentage. For example, if an offeror proposes a minimum franchise fee of 17% for operating from both a Second Departure Site and Liberty Square, the Service will require a 21% franchise fee for operating from only Liberty Square. The Service has amended the prospectus accordingly. Question: •Will the Park Service explain its cost and investment assumptions for a second departure site? Service Response: In addition to the information the Service provided in responding to question 14 of Amendment No. 2, the Service estimated the rent obligation for a Second Departure Site using publically available information, basing it on an escalation of the rent obligation the Existing Concessioner has at the current Second Departure Site and prevailing market rental rates. For more information about the rent obligation requirements of the Patriots Point Development Authority, see the publically available audit of the financial statements of the Patriots Point Development Authority for the fiscal year ended June 30, 2014. (http://osa.sc.gov/stateengagements/Documents/Patriots%20Point%20Development%20Authority/P3614.pdf) Question: •Will the Park Service consider securing a second departure site (through lease option, lease, deed or other means) on their own accord to create fair competition between prospective concessioners and the incumbent? If not why? Service Response: The Service does not have the authority to lease such property (or obtain an option to lease on behalf of another entity). The Service has no plans to acquire through purchase a Second Departure Site in the Mount Pleasant/East Cooper River Area and has no Congressional approval or appropriations to do so. Service Amendments to Prospectus Documents on Solicitation #: CC-FOSU001-17 1)Summary of Business Opportunity, Page 2, Franchise Fee Delete the following, in its entirety: "The minimum franchise fee is sixteen percent (16.0%) of the Concessioner's annual gross receipts" Replace with the following: "The minimum franchise fee is sixteen percent (16.0%) of the Concessioner's gross receipts when providing Passenger Ferry service from Liberty Square and a second departure site in the Mount Pleasant/East Cooper River area (Second Departure Site) to Fort Sumter. If the Concessioner is unable to secure a Second Departure Site after 180 days following the effective date of the Draft Contract, despite demonstrating good faith efforts to secure a Second Departure Site, the Concessioner must pay a minimum franchise fee of twenty percent (20%) of the Concessioner's gross receipts for the period beginning 180 days after the effective date of the Contract and continuing so long as Passenger Ferry Service is provided from only Liberty Square to Fort Sumter." 2)Business Opportunity, Page 9, Second Ferry Departure Site in the Mount Pleasant/East Cooper River Area Delete the first paragraph, which reads as follows, in its entirety: "As described in the Draft Contract, the Concessioner must, within 60 days following the effective date of the Draft Contract, demonstrate to the satisfaction of the Director that it has secured a second departure site to provide ferry service to Fort Sumter under the terms of the Draft Contract. In addition, within 730 days (24 months) following the effective date of the Draft Contract, the Concessioner must complete all improvements, including major facility components, at the proposed second departure site so that the site conforms to the minimum site requirements described in Section 21 of the Draft Contract. If the Concessioner fails to ready a second departure site to the satisfaction of the Director within the time specified, then the full term of the Draft Contract will be reduced to 3 years from the original commencement date. The Director may extend this shortened term in circumstances where the Director determines that the delay resulted from events beyond the control of the Concessioner." Replace with the following: "As described in the Draft Contract, the Concessioner must, within 180 days following the effective date of the Draft Contract, demonstrate to the satisfaction of the Director that it has secured a second departure site in the Mount Pleasant/East Cooper River area (Second Departure Site) to provide ferry service to Fort Sumter. Should the Concessioner not meet this requirement, it must demonstrate to the Director that it has made and continues to make good faith efforts to secure a Second Departure Site as described in Section 21 of the Draft Contract. In addition, within 730 days (24 months) following the date the Concessioner has secured a Second Departure Site (the effective date of the Draft Contract if the Concessioner has secured such site on that date), the Concessioner must complete all improvements, including major facility components, at the approved Second Departure Site so that the site conforms to the minimum site requirements described in Section 21 of the Draft Contract. If the Concessioner fails to fulfill the requirements of Section 21 of the Draft Contract to the satisfaction of the Director within the time specified, then the full term of the Draft Contract will be reduced to 3 years from its effective date. The Director may extend this shortened term in circumstances where the Director determines, in his or her sole discretion, that the failure to obtain a Second Departure Site or the delay in completing the minimum requirements for the site as set forth in Section 21 of the Draft Contract resulted from circumstances beyond the control of the Concessioner." 3)Business Opportunity, Page 11, Future Ridership, Revenue, and Expense Projections, Franchise Fee Delete the following, in its entirety: "Offerors must agree to pay the minimum franchise fee set out in Principal Selection Factor 5 of the Proposal Package (Part III of this Prospectus). The minimum franchise fee is sixteen percent (16.0%) of the Concessioner's annual gross receipts. Offerors, however, may propose a higher minimum franchise fee, as described more fully in the Proposal Package. " Replace with the following: "Offerors must agree to pay the minimum franchise fee set out in Principal Selection Factor 5 of the Proposal Package (Part III of this Prospectus). The minimum franchise fee is sixteen percent (16.0%) of the Concessioner's gross receipts when providing Passenger Ferry service from both Liberty Square and a second departure site in the Mount Pleasant/East Cooper River area (Second Departure Site) to Fort Sumter. Offerors, however, may propose a higher minimum franchise fee, as described more fully in the Proposal Package. If the Concessioner is unable to secure a Second Departure Site after 180 days following the effective date of the Draft Contract, despite demonstrating good faith efforts to secure a Second Departure Site, the Concessioner must pay a minimum franchise fee of twenty percent (20%) of the Concessioner's gross receipts for the period beginning 180 days after the effective date of the Contract and continuing so long as Passenger Ferry Service is provided from only Liberty Square to Fort Sumter. If the offeror awarded the Contract has offered more than the minimum of 16%, then the 20% franchise fee will be increased by the same percentage. For example, if an offeror proposes a minimum franchise fee of 17% for operating from a Second Departure Site and Liberty Square, the Service will require a 21% franchise fee for operating from only Liberty Square." 4)Proposal Package, Principal Selection Factor 4(c), Add the following bullet at the end of the text for 4(c): "Your response must assume operating from Liberty Square and a Second Departure Site in the Mount Pleasant/East Cooper River area from the effective date of the Draft Contract" 5)Proposal Package, Principal Selection Factor 5 Delete the following, in its entirety: "The minimum franchise fee acceptable to the Service is sixteen percent (16.0%) of annual gross receipts" Replace with the following: "The minimum franchise fee acceptable to the Service when providing Passenger Ferry service from Liberty Square and a second departure site from the Mount Pleasant/East Cooper River area (Second Departure Site) to Fort Sumter is sixteen percent (16.0%) of annual gross receipts. If the Concessioner is unable to secure a Second Departure Site after 180 days following the effective date of the Draft Contract, despite demonstrating good faith efforts to secure a Second Departure Site, the minimum franchise fee acceptable to the Service when providing Passenger Ferry service from only Liberty Square to Fort Sumter is twenty percent (20%) of annual gross receipts." 6)Proposal Package, Principal Selection Factor 5 Delete the following, in its entirety: "State the amount of franchise fee you propose. Such fee must be at least equal to the minimum franchise fee set forth above. Express this fee as a percentage of annual gross receipts. Do not propose a tiered franchise fee, e.g., 5.0% on the first $10,000 of gross receipts, 6.0% on gross receipts between $10,001 and $25,000, 7.0% on gross receipts from $25,001 and above." Replace with the following: "State the amount of franchise fee you propose when providing Passenger Ferry service from Liberty Square and a Second Departure Site in the Mount Pleasant/East Cooper River area to Fort Sumter. Such fee must be at least equal to the minimum franchise fee set forth above. Express this fee as a percentage of annual gross receipts. Do not propose a tiered franchise fee, e.g., 5.0% on the first $10,000 of gross receipts, 6.0% on gross receipts between $10,001 and $25,000, 7.0% on gross receipts from $25,001 and above. If the offeror awarded the Contract has offered more than the minimum of 16%, then the 20% franchise fee will be increased by the same percentage. The 20% franchise fee will only be implemented beginning 180 days after the effective date of the Contract and continuing so long as Passenger Ferry Service is provided from only Liberty Square to Fort Sumter.. For example, if you offer a minimum franchise fee of 17% for operating from a Second Departure Site and Liberty Square, the Service will require a 21% franchise fee for operating from only Liberty Square." 7)Proposal Package, SECONDARY SELECTION FACTOR 2. THE ABILITY OF THE OFFEROR TO SECURE AND USE A SECOND FERRY DEPARTURE SITE WITHIN THE MOUNT PLEASANT/EAST COOPER RIVER AREA, Second Paragraph Delete the following, in its entirety: "As set forth in the Draft Contract, within 60 days following the effective date of the Draft Contract, the Concessioner must demonstrate to the satisfaction of the Director that it has secured a second departure site to provide ferry service to Fort Sumter under the terms of the Draft Contract. Within 730 days following the effective date of the Draft Contract, the Concessioner must complete all improvements, including construction of major facility components, at the proposed second departure site." Replace with the following: "As set forth in the Draft Contract, within 180 days following the effective date of the Draft Contract, the Concessioner must demonstrate to the satisfaction of the Director that it has secured a Second Departure Site to provide ferry service to Fort Sumter under the terms of the Draft Contract. Should the Concessioner not meet this requirement, it must demonstrate to the Director that it has made and continues to make good faith efforts to secure a Second Departure Site as described in Section 21 of the Draft Contract. Offerors should read Section 21 carefully to understand the requirements. Within 730 days following the date the Concessioner has secured a Second Departure Site (the effective date of the Draft Contract if the Concessioner has secured a site as of that date), the Concessioner must complete all improvements, including construction of major facility components, at the approved Second Departure Site so that the site conforms to the minimum site requirements described in Section 21 of the Draft Contract." 8)Draft Contract, Section 1 Delete the following, in its entirety: "This Concession Contract No. FOSU001-17 ("Contract") shall be effective as of January 1, 2017, and shall be for the term of ten (10) years until its expiration on December 31, 2026 if the Concessioner fulfills the Minimum Vessel Engine Requirements described in Section 8(e)(3) of this Contract and the Second Departure Site requirements described in Section 21 of this Contract. If the Concessioner fails to fulfill either of these requirements to the satisfaction of the Director within the time specified, then this Contract shall be for the term of three (3) years until its expiration on December 31, 2019. The Director may extend this shortened term (but not beyond the original date of expiration of this Contract) in circumstances where the Director determines that the delay resulted from events beyond the control of the Concessioner." Replace with the following: "This Concession Contract No. FOSU001-17 ("Contract") shall be effective as of January 1, 2017, and shall be for the term of ten (10) years until its expiration on December 31, 2026 if the Concessioner fulfills the Minimum Vessel Engine Requirements described in Section 8(e)(3) of this Contract and the Second Departure Site requirements described in Section 21 of this Contract. If the Concessioner fails to fulfill either of these requirements to the satisfaction of the Director within the time specified in the Sections applicable to each requirement, then this Contract shall be for the term of three (3) years until its expiration on December 31, 2019. The Director may extend this shortened term (but not beyond the original date of expiration of this Contract) in circumstances where the Director determines, in his or her sole discretion, that failure to fulfill either or both of these requirements results from circumstances beyond the control of the Concessioner." 9)Draft Contract, Section 8(e)(3) (per Amendment No. 2) Delete the following, in its entirety: "Minimum Vessel Engine Requirements. Within 180 days following the effective date of this Contract, all vessel diesel propulsion and auxiliary engines used to provide the required services meet, at a minimum, the published U.S. Environmental Protection Agency (EPA) emission standards for Tier 3 engines as specified in 40 CFR Part 1042 for the class of engine in use and continue to use Tier 3 or higher-tier engines during the term of the Contract." Replace with the following: "Minimum Vessel Engine Requirements. Within 548 days following the effective date of this Contract, all vessel diesel propulsion and auxiliary engines used to provide the required services must meet, at a minimum, the published U.S. Environmental Protection Agency (EPA) emission standards for Tier 3 engines as specified in 40 CFR Part 1042 for the class of engine in use and continue to use Tier 3 or higher-tier engines during the term of the Contract." 10)Draft Contract, Section 11(a)(1) Delete the following, in its entirety: "For the term of this Contract, the Concessioner shall pay to the Director for the privileges granted under this Contract a franchise fee equal to [Franchise Fee alpha number] percent ([Franchise Fee numeric number]%) of the Concessioner's gross receipts for the preceding year or portion of a year." Replace with the following: "For the term of this Contract, the Concessioner shall pay to the Director for the privileges granted under this Contract a franchise fee equal to [Franchise Fee alpha number] percent ([Franchise Fee numeric number]%) when providing Passenger Ferry service from Liberty Square and a second departure site in the Mount Pleasant/East Cooper River area (Second Departure Site) to Fort Sumter. If the Concessioner is unable to secure a Second Departure Site within 180 days following the effective date of the Contract, despite demonstrable good faith efforts to secure a Second Departure Site, the franchise fee will adjust for the period beginning 180 days after the effective date of the Contract and continuing so long as Passenger Ferry Service is provided from only Liberty Square to Fort Sumter. During this period, the franchise fee shall be [Franchise Fee alpha number] percent ([Franchise Fee numeric number]%) of the Concessioner's gross receipts for the preceding year or portion of a year. Nothing herein shall relieve the Concessioner from the obligation to continue its efforts to obtain the Second Departure Site in accordance with Section 21(c)." 11)Draft Contract, Section 21(c) Delete the following, in its entirety: "(1) Within 60 days following the effective date of this Contract, the Concessioner must demonstrate to the satisfaction of the Director that it has secured a Second Departure Site to provide passenger ferry service to Fort Sumter under the terms of the Contract. (2) Within 730 days following the effective date of this Contract, the Concessioner must complete all improvements, including construction of major facility components, at the Second Departure Site fulfilling to the minimum site requirements described above in subsection (b)." Replace with the following: "(1) Within 180 days following the effective date of this Contract, the Concessioner must demonstrate to the satisfaction of the Director that it has secured a Second Departure Site to provide Passenger Ferry service to Fort Sumter under the terms of the Contract. Should the Concessioner not meet this requirement, it must demonstrate to the Director that it has made and continues to make good faith efforts to secure a Second Departure Site. The Concessioner must demonstrate it has made and continues to make good faith efforts by providing the Director a detailed plan for securing the site, including a realistic timeline for negotiations, with milestones and tasks. Additionally, the Concessioner must provide the Director with progress reports including information such as titles and contact information of participants in the negotiations, list of meetings, dates, times, type of communication (in person, over the phone, email, etc), notes of discussions and meetings, summary of outstanding issues and costs associated with the good faith efforts. (2) Within 730 days following the date the Concessioner has secured a Second Departure Site (or the effective date of this Contract if the Concessioner has secured such site as of that date), the Concessioner must complete all improvements, including construction of major facility components, at the Second Departure Site fulfilling the minimum site requirements described above in subsection (b)." The revised documents can be located on the following website: http://www.concessions.nps.gov/prospectuses.htm AMENDMENT NO. 2-SOLICITATION #:CC-FOSU001-17 The National Park Service ("Service" or "NPS") has posted Amendment No. 2 the Prospectus, CC-FOSU001-17, a Concessions Business Opportunity for Passenger Ferry, Evening Passenger Ferry, and Food and Beverage Service at Fort Sumter National Monument. In the Prospectus issued December 10, 2015, the Service stated it would respond to questions about the Prospectus if submitted in writing and received by January 22, 2016. The Service received a large number of questions about the Prospectus, which were all received timely. While the Service responds to the majority of the questions in Amendment No. 2, it continues to review several questions pertaining to the requirement for a second departure site and will respond to those questions with a subsequent Amendment to the Prospectus. Amendment No. 2 also amends the Draft Contract Exhibit D - Assigned Land and Real Property Improvements (Concession Facilities) to correct the Land Assignment Boundary for Liberty Square dock and extends the solicitation period until 4:00 PM on Wednesday, April 27, 2016. Amendment No. 2 is available online at: http://concessions.nps.gov/prospectuses.htm. Hard copy prospectuses are still available for $35.00. To request a hard copy of the prospectus, send a check for $35.00 payable to the National Park Service to Mark Morgan at the address listed below. This amount includes an administrative charge and Fed Ex shipping fee for each prospectus. Please include a physical address (no post office box) and telephone number. You may also pick up a printed copy at the Superintendent's Office at Park Headquarters for $30.00 (checks only). If you are planning to submit a proposal and have obtained your prospectus from the website, we recommend that you advise Mark Morgan, Concessions Management Specialist, Southeast Region, NPS, AFC, 1924 Building, 100 Alabama Street, S.W., Atlanta, GA 30303 at (404) 507-5638 or e-mail at Mark_Morgan@nps.gov of your interest so your contact information can be placed on a mailing list to receive future responses to questions or amendments to the prospectus. Those receiving a hard copy or who are on the mailing list will be provided with any additional information specific to the prospectus in writing. The same information is posted to the above mentioned website. Inquiries can be directed to Mark Morgan at (404) 507-5638 or e-mail at Mark_Morgan@nps.gov. No telephone requests for the prospectus will be honored. All proposals must be received by the NPS at the address no later than 4:00 PM Eastern Time on Wednesday, April 27, 2016, in order to be evaluated and considered for an award of a concession contract. The prospectus describes the business opportunity and includes the terms and conditions under which the NPS will award the concession contract. AMENDMENT NO. 1-SOLICITATION #: CC-FOSU001-17 The following updates the Prospectus issued by the National Park Service on December 10, 2015. The updates address the prohibition on the sale of water packaged in individual disposable containers, the provision of water bottle refilling stations on vessels, and an adjustment to the minimum franchise fee due to the additional requirements and prohibitions. The updates also adjust response requirements related to a second departure site. 1) Summary of Business Opportunity, Page 2, Franchise Fee Delete the following, in its entirety: "The minimum franchise fee is sixteen and three-tenths percent (16.3%) of the Concessioner's annual gross receipts" Replace with the following: "The minimum franchise fee is sixteen percent (16.0%) of the Concessioner's annual gross receipts" 2) Business Opportunity, Page 7, Overview of Concession Services and Locations, Food and Beverage Operations Add the following: "The Draft Contract prohibits the sale of water packaged in individual disposable containers of less than one gallon within the Park and on all Concessioner vessels used to provide the services under the Draft Contract." 3) Business Opportunity, Page 8, Second Ferry Departure Site in the Mount Pleasant/East Cooper River Area Delete the first bullet of the third paragraph, in its entirety: "Charleston Harbor Marina located adjacent to the Patriot's Point docks used by the Existing Concessioner. Charleston Harbor Marina is a privately owned and operated facility." Replace the first bullet of the third paragraph with the following: "Charleston Harbor Marina located adjacent to the docks used by the Existing Concessioner at Patriot's Point. Charleston Harbor Marina is owned by the State of South Carolina, overseen by Patriot's Point Development Authority and operated by Charleston Harbor Marina, Inc. under a lease. " 4) Business Opportunity, Page 8, Second Ferry Departure Site in the Mount Pleasant/East Cooper River Area Delete the fourth paragraph, in its entirety: "Each Offeror must negotiate with and secure use of one of these or another site from the appropriate controlling entity. The Service contacted each of the controlling entities for the three sites, requesting confirmation that each would be willing to negotiate with parties interested in this concession opportunity. Appendix L includes letters from some of the site owners confirming their willingness to negotiate terms of use with the Concessioner." Replace the fourth paragraph with the following: "Each Offeror must negotiate with and secure use of one of these or another site from the appropriate controlling entity. The Service is aware, however, that the entities owning or controlling these potential second departure sites may not be willing or able to negotiate lease terms with Offerors prior to the selection of the successful Offeror, and the Service recognizes that some Offerors may have existing legal control of a second departure site while others may need to negotiate such control after the selection of successful Offeror. As such, Secondary Selection Factor 2 provides the option to respond differently depending on each Offeror's level of control of a second departure site. The Service prefers you either have legal control of the second departure site, or describe multiple, potential locations (that meet the minimum requirements described in Section 21 of the Draft Contract and Section 5)E) of the Operating Plan, Exhibit B to the Draft Contract) to improve your negotiating position in securing the second departure site post selection. See Secondary Selection Factor 2 of the Proposal Package for further information." 5) Business Opportunity, Page 11, Future Ridership, Revenue, and Expense Projections, Franchise Fee Delete the following, in its entirety: "The minimum franchise fee is sixteen and three-tenths percent (16.3%) of the Concessioner's annual gross receipts" Replace with the following: "The minimum franchise fee is sixteen percent (16.0%) of the Concessioner's annual gross receipts" 6) Business Opportunity, Page 11, Initial Investment, Vessels Add the following: "The Operating Plan also requires the Concessioner to provide a station for visitors to refill water bottles on all primary vessels. The Concessioner must submit its plan in writing for the water bottle refilling stations to the Service for approval within 60 days following the effective date of the Contract." 7) Operating Plan, Section 5)B)3) Minimum Vessel Requirements Delete the third bullet of Section 5)B)3)(b) Access by Persons with Disabilities, in its entirety: "Drinking Water. The vessel onboard drinking fountains must be accessible to persons with disabilities or the Concessioner can provide drinking water directly to persons with disabilities using bottles or cups provided by staff onboard the vessels." Replace the third bullet of Section 5)B)3)(b) Access by Persons with Disabilities: "Drinking Water. The vessel onboard drinking fountains and water bottle refilling stations must be accessible to persons with disabilities or the Concessioner can provide drinking water directly to persons with disabilities using cups provided by staff onboard the vessels." 8) Operating Plan, Section 5)B)3) Minimum Vessel Requirements Add the following to Section 5)B)3): "(h) Water Bottle Refilling Stations. The Concessioner must provide a station for visitors to refill water bottles on all primary vessels. The Concessioner must submit in writing its plan for the water bottle refilling stations to the Service for approval within 60 days following the effective date of the Contract." 9) Operating Plan, Section 5)B)4) Backup Vessels Add the following to Section 5)B)4): "(f) The Concessioner must provide a method for visitors to refill bottles with potable drinking water on all secondary vessels." 10) Operating Plan, Section 5)D)1) General Add the following to Section 5)D)1): "The Concessioner may not sell water packaged in individual disposable containers of less than one gallon within the Park or on Concessioner vessels used to provide the services under the Draft Contract." 11) Proposal Package, Principal Selection Factor 5 Delete the following, in its entirety: "The minimum franchise fee acceptable to the Service is sixteen and three-tenths percent (16.3%) of annual gross receipts" Replace with the following: "The minimum franchise fee acceptable to the Service is sixteen percent (16.0%) of annual gross receipts" 12) Proposal Package, SECONDARY SELECTION FACTOR 2. THE ABILITY OF THE OFFEROR TO SECURE AND USE A SECOND FERRY DEPARTURE SITE WITHIN THE MOUNT PLEASANT/EAST COOPER RIVER AREA Question changed to provide the option to respond differently depending on each Offeror's level of control of a second departure site. See Revised Proposal Package Secondary Selection Factor 2 for more information. The revised documents can be located on the following website: http://www.concessions.nps.gov/prospectuses.htm Any questions can be directed to Mark Morgan @ mark_morgan@nps.gov
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- Address: 1214 Middle Street, Sullivan's Island, South Carolina, 29482, United States
- Zip Code: 29482
- Zip Code: 29482
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