PROPOSAL SUBMISSION TERMS & CONDITIONS · Web viewThe Proposal Package is drafted upon the...

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PROPOSAL PACKAGE CC-GLBA0CV-19 Department of the Interior National Park Service Glacier Bay National Park and Preserve Proposal to Operate Charter Vessel and Related Services V 4.11.2017

Transcript of PROPOSAL SUBMISSION TERMS & CONDITIONS · Web viewThe Proposal Package is drafted upon the...

Page 1: PROPOSAL SUBMISSION TERMS & CONDITIONS · Web viewThe Proposal Package is drafted upon the assumption that an Offeror is the same legal entity that will execute the new concession

PROPOSAL PACKAGE

CC-GLBA0CV-19Department of the Interior

National Park ServiceGlacier Bay National Park and Preserve

Proposal to Operate Charter Vessel and Related Services

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PROPOSAL SUBMISSION TERMS & CONDITIONS

1) The Offeror’s Transmittal Letter set forth below indicates your acceptance of the terms and conditions of the concession opportunity as set forth in this Prospectus. It indicates your intention to comply with the terms and conditions of the Contract. The letter, submitted without alteration, must bear original signatures and be included in the Offeror’s Proposal Package. The National Park Service (Service) will review the entire Proposal Package to determine whether your proposal in fact accepts without condition the terms and conditions of this Prospectus. If not, your proposal may be considered non-responsive, even though you submitted an unconditional Offeror’s Transmittal Letter.

2) The Proposal Package is drafted upon the assumption that an Offeror is the same legal entity that will execute the new concession Contract as the Concessioner. If the entity that is to be the Concessioner is not in existence as of the time of submission of a proposal, the proposal must demonstrate that the individual(s) or organization(s) (hereinafter Offeror-Guarantor) that intends to establish the entity that will become the Concessioner has the ability and is legally obliged to cause the entity to be financially and managerially capable of carrying out the terms of the Contract. In addition, the Offeror-Guarantor must unconditionally state and guarantee in its proposal that the Offeror-Guarantor will provide the Concessioner with all funding, management, and other resources that the Draft Contract requires and the proposal offers.

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OFFEROR'S TRANSMITTAL LETTER

Regional DirectorAlaska Region240 W. 5th Ave, Room 114Anchorage, Alaska 99501

Dear Director:

The name of the Offeror is ____________________. If the Offeror has not yet been formed, this letter is submitted on its behalf by ___________________ as Offeror-Guarantor(s), who guarantee(s) all certifications, agreements and obligations of Offeror hereunder and make(s) such certifications, agreements and obligations individually and on behalf of the Offeror.

The Offeror hereby agrees to provide visitor services and facilities within Glacier Bay National Park and Preserve in accordance with the terms and conditions specified in the Draft Concession Contract CC-GLBA0CV-19, (Draft Contract) provided in the Prospectus issued by the public notice as listed on the Federal Business Opportunities website, and to execute the Draft Contract without substantive modification (except as may be required by the National Park Service pursuant to the terms of the Prospectus and the Offeror’s Proposal). If the Offeror is not yet in existence, the undersigned, acting as guarantor(s) of all certifications, agreements and obligations of Offeror hereunder, makes such certifications, agreements and obligations individually and on behalf of the Offeror.

The Offeror is enclosing the required "PROPOSAL" which, by this reference, is made a part hereof.

The Offeror certifies that the information furnished herewith is complete, true, and correct, and recognizes that false statements may subject the Offeror to criminal penalties under 18 U.S.C. 1001. The Offeror agrees to meet all the minimum requirements of the Draft Contract and the Prospectus. The Offeror certifies that it has provided all of the mandatory information specified in the Prospectus.

The Offeror certifies in accordance with 2 C.F.R. Part 1400 the following:

None of the individuals or entities acting as Offeror or with an ownership interest in the Offeror is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from a public transaction by a federal department or agency.

Within the three years preceding submission of the Proposal, none of the individuals or entities acting as Offeror or with an ownership interest in the Offeror has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, or for violation of federal or state antitrust statutes or for commission of embezzlement, theft, forgery, bribery, falsification of records, making false statements, or receiving stolen property.

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None of the individuals or entities acting as Offeror or with an ownership interest in the Offeror is presently indicted for or otherwise criminally or civilly charged by a federal, state or local unit of the government with commission of any of the aforementioned offenses.

The individuals or entities acting as Offeror or with an ownership interest in the Offeror have not had one or more public transactions (federal, state or local) terminated for cause or default within the three-year period preceding the submission of the Proposal.

The individuals or entities seeking participation in this Concession Contract have not had one or more public transactions (federal, state or local) terminated for cause or default within the three-year period preceding the submission of the Proposal.

The Offeror, by submitting this Proposal hereby agrees, if selected for award of the Draft Contract:

(1) To the minimum requirements of the Draft Contract as identified in this Prospectus.

2) To complete the execution of the final Concession Contract within the time provided by the National Park Service when it presents the contract for execution.

3) To commence operations under the resulting Concession Contract on the effective date of the Concession Contract.

4) To operate under the current National Park Service approved rates until such time as amended rates may be approved by the National Park Service.

5) [Include only if the Offeror is not yet in existence.] To provide the entity that is to be the Concessioner under the Draft Contract with the funding, management, and other resources required under the Draft Contract and/or described in our Proposal.

6) [Include only if the Offeror is a business entity, rather than an individual] To deliver to the Regional Director within 10 days following the announcement of the selection of the Offeror as the Concessioner, current copies of the following:

Certificate from its state of formation indicating that the entity is in “good standing”(if such form is issued in that state for Offeror’s type of business entity);

Governing documents of Offeror (e.g. Articles of Incorporation and By-Laws for corporations; Operating Agreement for LLCs; Partnership Agreement for Partnerships; or Venture Agreement for Joint Ventures); and

If the business entity was not formed in the State of Alaska, evidence that it is qualified to do business there.

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All Offerors Must Complete the Following (Note: definitions of key terms are provided below and in the Prospectus Business Opportunity, pages 4 - 5) :

1) Specify the annual number of charter vessel use days you are requesting for Glacier Bay from June 1 through August 31: __________ vessel use days

Total available days = 552If you are an ANILCA historical operator, please include your historic allocation in

the total number of requested allocations.

2) Specify the annual number of charter vessel use days you are requesting for Outer Park Waters from June 1 through August 31:_____________ vessel use days

Total available days = 339

3) The Offeror intends to conduct sport fishing activities if awarded a concession contract (select one):

Yes No

………………………………………………...

Definitions:

Glacier Bay – all waters inside a line drawn between Point Gustavus at 135 54.927’ W longitude; 58 22.748’ N latitude and Point Carolus at 136 2.535’ W longitude; 58 22.694’ N latitude. Dundas Bay – the marine waters area north of a straight line of latitude at 58°19.000’ from Point Dundas to Point Wimbledon.Outer Park Waters – all Glacier Bay National Park waters outside of Glacier Bay and Dundas Bay. Summer Season – June 1st to August 31st Shoulder Season – September 1st to May 31st Charter vessel use day – any continuous period of time that a motor vessel is in a designated marine area (e.g., Glacier Bay, Dundas Bay, Outer Park Waters) within Glacier Bay National Park between the hours of 12 midnight on one day to 12 midnight the next day.Sport fishing – saltwater guided fishing from a charter vessel. Under the Alaska state definition of Fishing Guide Services, this is defined as the direct provision of assistance, for compensation or with the intent to receive compensation, to an angler engaged in sport fishing in the taking or attempt to take fish or shellfish by accompanying or personally directing the angler in fishing activities during any portion of the angler's fishing trip.

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NAME OF OFFEROR (or OFFEROR-GUARANTOR(s)): _________________________________________If the Offeror is not yet in existence as of the time of submission – list all entities if more than one and clearly indicate that the entity is an Offeror-Guarantor.

BY _______________________________ DATE ________________________(Type or Print Name)

ORIGINAL SIGNATURE _______________________________________________

TITLE ________________________________________________________

ADDRESS ________________________________________________________

________________________________________________________

_______________________________________________________

(END OF OFFEROR'S TRANSMITTAL LETTER)

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CERTIFICATE OF BUSINESS ENTITY OFFEROR(OR OF OFFEROR-GUARANTOR IF OFFEROR IS NOT YET FORMED)

(Offerors who are individuals should skip this certificate)

I, __________________________________, certify that I am the ___________________ of the [specify one] corporation/partnership/limited liability company/joint venture named as Offeror (or Offeror-Guarantor, if applicable) herein; that I signed this proposal for and on behalf of the Offeror (or Offeror-Guarantor, if applicable), with full authority under its governing instrument(s), within the scope of its powers, and with the intent to bind the entity.

NAME OF ENTITY: ________________________________________________________

BY _______________________________ DATE _________________________(Type or Print Name)

ORIGINAL SIGNATURE _______________________________________________

TITLE ________________________________________________________

ADDRESS ________________________________________________________

________________________________________________________

________________________________________________________

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SELECTION FACTORS

Response Format

Please 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. The Service may consider relevant information contained elsewhere in a proposal in assessing the proposal’s response to each particular selection factor, but it is not required to do so.

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.”

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 Service would like to see clear and concise answers. A longer answer will not necessarily be considered a better answer.

The Service considers text on two sides of one sheet of paper as two pages.

Offerors must use 11 or 12 point font for all text within the proposal, including all tables, charts, graphs, and provided forms. The Service will accept images of sample material with smaller fonts.

Page margins must be 1 inch.

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PRINCIPAL SELECTION FACTOR 1. THE RESPONSIVENESS OF THE PROPOSAL TO THE OBJECTIVES, AS DESCRIBED IN THE PROSPECTUS, OF PROTECTING, CONSERVING, AND PRESERVING RESOURCES OF THE PARK. (0-5 POINTS)

Service Objectives

The Service seeks Concessioners who will minimize the effect of their operations on the Park’s resources through operational processes, procedures, and the type of charter vessel.

Note to Offeror: This selection factor is concerned with environmental objectives that relate specifically to the protection of the particular resources of the park area. Environmental objectives for improvement of the natural environment in general (waste reduction, fuel efficiency, recycling, etc.) are addressed under Secondary Selection Factor 1. Please avoid overlap between your response here and your response to Secondary Selection Factor 1.

The page limit for this Selection Factor is 5 pages, including all text, pictures, graphs, etc. Offerors who will be conducting sport fishing services may use up to one additional page for their response to #3 (for a total of 6 pages).

Subfactor 1a. Wildlife Protection. Describe how you will conduct your operations to minimize impacts on wildlife.

1) Describe how you will conduct your operations to minimize negative effects on Park wildlife. Your answer should include, at minimum, the following:

a. Minimum approach distances to wildlife (i.e., the closest the charter vessel will get to wildlife).

b. Procedures used to measure approach distances.

c. Procedures for assessing whether the charter vessel is disturbing wildlife, and actions you will take if wildlife is being disturbed.

2) Describe crew members’ experience and training with Southeast Alaska or Glacier Bay National Park wildlife that will ensure minimal impacts to wildlife.

3) If sport fishing services are offered, please discuss the angling and fish handling practices your company will employ to minimize unnecessary injury or mortality of fish. Please also describe your procedures for preventing the habituation of wildlife during sport fishing activities. The NPS would prefer proposals that offer commitment to encourage or require client’s participation and compliance with the Alaska Department of Fish and Game Catch and Release and Glacier Bay National Park Ethical Angler programs. See information below:

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http://www.adfg.alaska.gov/index.cfm?adfg=fishingSportFishingInfo.release

http://www.adfg.alaska.gov/static/fishing/pdfs/sport/ethical_angler_2013.pdf

https://www.nps.gov/glba/planyourvisit/glacier-bay-fishing-conservation-ethics.htm

Subfactor 1b. The Natural Environment. Describe how you will conduct your operations to minimize impacts on air, water and natural soundscapes.

1) Describe the processes and procedures you will commit to implementing to minimize effects on the natural environment of the Park. Your answer should include, at minimum, the following:

a. Environmental protection measures related to vessel operations including minimizing air emissions, impacts to the natural soundscape, oil spills and wastewater discharge.

b. Your spill response process and procedures, including training and required equipment.

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PRINCIPAL SELECTION FACTOR 2. THE RESPONSIVENESS OF THE PROPOSAL TO THE OBJECTIVES, AS DESCRIBED IN THE PROSPECTUS, OF PROVIDING NECESSARY AND APPROPRIATE VISITOR SERVICES AT REASONABLE RATES. (0 - 5 POINTS)

Service Objectives

The NPS prefers a diversity of charter vessel services and vessel sizes which focus on the natural and cultural attributes of the Park rather than just consumptive use.

The page limit for this Selection Factor is 8 pages, including all text, pictures, graphs, etc.

Subfactor 2a. Describe how you will provide charter vessel services and offer a high quality visitor experience.

1. Describe your specific plans for operating charter vessel services under the Draft Contract. Your answer should include, at minimum, the following:

a. A description of the type of trips you will provide. Include trip itineraries.

b. A description of on- and off-vessel activities that will be conducted as a part of the charter vessel service. (A better proposal may describe an operation that includes a variety of high quality services and experiences that are aligned with and contribute to the Park’s Mission and Values.)

Subfactor 2b. Describe any measures you propose to take to ensure passenger safety.

1. Describe any measures you propose to take to ensure passenger safety beyond what is required by law and how you would handle safety and emergency management issues associated with your business. At a minimum, address the following:

a. Safety – how will you ensure safety for your clients and employees?b. Describe the emergencies you are prepared to handle and how you

would handle them.c. Emergency medical cared. Communicationse. List of safety certifications

The NPS would prefer proposals which meet or exceed the USCG Alaska 5 Star safety program standards:

http://alaska5star.us/

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Subfactor 2c. Information and Interpretive Program.

It is the objective of the Service that park visitors have an opportunity to enjoy, learn about, and experience the Park. This could include providing a variety of educational and reference materials about Glacier Bay National Park, Southeast Alaska, or related natural and cultural history for both adults and children on board the vessel, and in advance of their Park visit.

1. Describe how you propose to provide informational or interpretive opportunities for your clients. Describe the reference materials and/or educational amenities you will make available to clients and staff.

The NPS would prefer proposals which go beyond simply stating rules and regulations, but instead offer detailed knowledge of the area, in-depth natural and cultural information to passengers as well as providing information on the park’s purpose and significance.

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PRINCIPAL SELECTION FACTOR 3. THE EXPERIENCE AND RELATED BACKGROUND OF THE OFFEROR, INCLUDING THE PAST PERFORMANCE AND EXPERTISE OF THE OFFEROR IN PROVIDING THE SAME OR SIMILAR VISITOR SERVICES AS THOSE TO BE PROVIDED UNDER THE CONCESSION CONTRACT. (0-5 POINTS)Note to Offeror: To assist in the evaluation of proposals under this and other selection factors, provide the following information regarding the organizational structure of the business entity that will execute the Draft Contract. This organizational structure information will not be scored for selection purposes, but may be used for assessing responses to various selection factors. If the Offeror is not yet in existence, the Offeror-Guarantor should describe its own experience and explain how such experience will carry over to the Offeror entity.

Offeror’s Organizational Structure

1. Describe the entity with which the National Park Service will contract, specifying whether it is currently in existence or is to be formed. Clearly define the Offeror’s relationship to all superior and subordinate entities. Identify the entity, if other than the Offeror, that has the authority to allocate funds, hire and fire management employees of the Offeror.

2. Submit your organizational documents (e.g., signed partnership agreement, articles of incorporation, or other formal documents that clearly show ownership structure).

3. Using the following Business Organization Information Form 1 or Business Information Form 2, identify the Offeror and each business entity and/or individual to be involved in the management of the proposed concession operation. Use the form appropriate for your business entity or sole proprietorship and include all information necessary to make the relationship among the parties clear. When completed, the Business Organization Information form should convey the following information:

a. Full legal name of the Offeror and any trade name under which it pro-poses to do business.

b. The legal form of the Offeror, if other than an individual.c. The name, address and, if applicable, form of business entity of all

owner(s) of the Offeror, including, without limitation, all levels of par-ent organizations, their relationship to the Offeror, and the precise ex-tent of their ownership interests.

d. The name, address and, if applicable, form of business entity of all re-lated, subordinate, or superior business organizations, and/or individu-als that will have a significant role in managing, directing, operating, or otherwise carrying out the services to be provided by the Offeror. De-scribe in detail how these relationships will work formally and in prac-tice. Identify the person with whom the Service will work regarding day-to-day operations and issues. Use additional pages if the informa-tion does not fit within the forms provided.

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e. If applicable, the length of Offeror’s existence as a business entity.

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FORM 1

BUSINESS ORGANIZATION INFORMATIONCORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP

OR JOINT VENTURE(PRINCIPAL SELECTION FACTOR 3)

Complete a separate form for the submitting business entity and any parent entity.

Name of Entity and Trade-name, if anyAddressTelephone NumberFax NumberEmail AddressContact PersonTitleTax ID#State of FormationDate of Formation

OWNERSHIPPERCENTAGE OF

OWNERSHIP INTERESTSCURRENT VALUE OF

INVESTMENTNames and Addresses of those with controlling interest and/or key principals of the businessTotal Interests Outstanding and Type(s):

OFFICERS AND DIRECTORS OR GENERAL PARTNERS OR

MANAGING MEMBERS (AND/OR MANAGER) OR

VENTURERS ADDRESS TITLE AND/OR AFFILIATION

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Attach the following:

Description of relationship of any and all parent entities to the Offeror with respect to funding and management. Describe in detail how these relationships will work formally and in practice. Identify the person with whom the Service will work regarding day-to-day operations and issues.

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FORM 2BUSINESS INFORMATION

INDIVIDUAL* OR SOLE PROPRIETORSHIP(PRINCIPAL SELECTION FACTOR 3)

Name of Individual and Tradename, if Any**AddressTelephone NumberFax NumberEmail AddressContact Person (if other than the Offeror)Tax ID #Years in Business (of same type as required service(s))Current Value of BusinessRole in Providing Concession Service(s)

*Due to difficulties determining authority to act and ownership, the Service will not accept a proposal from spouses jointly as a purported business entity. Either one individual must serve as the Offeror or the spouses must form a corporation, partnership, or limited liability company to serve as Offeror.

**If the sole proprietorship acts under a name other than that of its owner (i.e., does business as “company name”), also add the jurisdiction where the company’s trade name is registered, if any.

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Subfactor 3(a). Violations or InfractionsThe Service is aware that any business may receive the occasional notice of violation, penalty, fine, less than satisfactory public health rating, or similar regulatory notice from a federal, state, or local agency (hereinafter collectively referred to as “Infractions”). The Service is interested in understanding how your business manages these Infractions and your overall strategy to minimize Infractions.

Using not more than 5 pages, including text, pictures, and graphs, demonstrate your understanding of the Service’s concern.

1. Describe all violations and Infractions that have occurred in your operations in the past five years.

2. Explain how you responded to the violation or Infraction, including actions you took to prevent a recurrence.

3. List the Related Entities (as defined below) you considered in providing the foregoing information

4. Describe your overall strategy to minimize Infractions and how you resolve, or plan to resolve, Infractions when they do occur.

Related Entities. In responding to this subfactor, consider the Offeror and all of its principals (for corporations, their executive officers, Directors, and controlling shareholders; for partnerships, their general partners; for limited liability companies, their managing members and managers, if any; and for joint ventures, each venturer) and all parent entities, subsidiaries or related entities under the primary organizational entity (such as, a parent corporation and all subsidiaries), that provide the same or similar services as required or authorized by the Draft Contract.

Subfactor 3(b). Experience

The page limit for this subfactor is 3 pages, including all text, pictures, graphs, etc.

1. Describe in detail your overall background and experience in the operation of vessels, making particular note of any experience providing charter vessel services. Include your experience in places with cold water; inclement weather; near shore and in open ocean conditions. If planning off-vessel activities, please describe any experience with kayaks or other non-motorized craft, as well as land-based guiding within wilderness areas.

2. Provide background and experience of key individuals that you will employ to carry out management and operations under the contract. Explain each person’s proposed duties for this operation.

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3. Provide an overview of all written evaluations or assessments of the Offeror’s performance for the past three years by any governmental entity that authorized or permitted vessel operations.

Subfactor 3(c). Employee Training

The page limit for this subfactor is 4 pages, including all text, pictures, graphs, etc.

The Service expects the Concessioner to engage its employees to provide visitors with an appreciation of the Park during their trip.

1. Describe how you will train your employees who interact with visitors on the significance of resources of Glacier Bay National Park and its surround-ing area.

2. Describe how you will train your employees to convey such information to visitors.

3. Describe how you will train your employees to deliver exceptional cus-tomer service.

4. Describe how you will train your employees in outdoor ethics and minimum impact techniques, such as Leave No Trace ethics and principles.

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PRINCIPAL SELECTION FACTOR 4. THE FINANCIAL CAPABILITY OF THE OFFEROR TO CARRY OUT ITS PROPOSAL. (0-5 POINTS)Note to Offerors:

In Principal Selection Factor 4, the National Park Service requires you to provide information by submitting documents and completing provided forms. If you fail to provide such information, the Service may consider your proposal non-responsive.

If the Service determines your proposal non-responsive:

You will not be selected as the best Offeror You will not be entitled to exercise any rights you may have as a Preferred

Offeror

PRINCIPAL SELECTION FACTOR 4.THE FINANCIAL CAPABILITY OF THE OFFEROR TO CARRY OUT ITS PROPOSAL.(0-5 POINTS)Note to Offeror and/or Offeror-Guarantor:If Offeror is not yet in existence, provide the information described below for 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 that the Offeror-Guarantor will provide the Offeror with all funding, management and other resources that the Draft Contract requires and the proposal offers.The Offeror or Offeror-Guarantor(s) must complete all requested information.

1) Complete the Business History Information form provided on the follow-ing page.

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Business History Information Form(Principal Selection Factor 4)

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, also 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 Fore-closure, 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, bank-ruptcy plan, and/or other documentation as appropriate. If none, check the box below. Otherwise, provide full details below.

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 below.

NONE

(4) Describe any lawsuit, administrative proceeding or bankruptcy case within the past five years that concerned the Offeror’s alleged inability or unwilling-ness to meet its financial obligations. If none, check the box below. Other-wise, provide full details below.

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 below.

NONE2)Complete the appropriate Financial Statements described below:

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Financial Statements include both an Income Statement and a Balance Sheet. An Income Statement lists all of your income and expenses over a period of time, typically a full year. A Balance Sheet lists everything that you own and everything that you owe as of a certain date. The Service needs this information to verify there are enough funds available to pay expenses associated with operating the Draft Contract and satisfy any other existing obligations. If the Offeror’s total debts exceed current assets, provide a narrative explanation for how these debts will be paid. If the Offeror is an existing business entity (e.g., corporation, limited liability company, partnership, joint venture, or sole proprietor), submit Business Financial Statements. Provide audited or reviewed Business Financial Statements that include

(i) Income Statement for the two most recent fiscal years,(ii) Balance Sheet for the most recent fiscal year, and (iii) Balance Sheet for the most recent month.

If the Offeror does not have audited or reviewed Business Financial Statements, you may instead complete the template Business Financial Statements in this proposal package, including:

(i) Most recent fiscal year balance sheet (Table 1),(ii) Most recent month balance sheet (Table 2), and(iii) Historical income statement (Table 3).

All Business Financial Statements must reflect the entity’s business as a whole, including all operations both inside and outside of the Area.If an Offeror is not yet formed , please follow the instructions above Table 4.

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Table 1: Business Financial Statement- Most Recent Fiscal Year Balance SheetFor Fiscal Year Ending:____________________________________

Business Financial Statement- Most Recent Fiscal Year Balance Sheet(Principal Selection Factor 4)

1 Cash in Bank $2 Accounts Receivable $3 Inventory $4 Other Current Assets (Describe) $5 Total Current Assets (add lines 1-4)  $6 Personal Property (Equipment) Items $7 Other Fixed Assets (Describe) $8 (LESS Accumulated Depreciation) $9 Total Fixed Assets (add lines 6-7, minus line 8)  $10 Total Assets (add lines 5 & 9) $11 Accounts Payable $12 Bank Loans Outstanding $13 Loans due to Owners $14 Other Current Liabilities (Describe) $15 Total Current Liabilities (add lines 11-14)   16 Long-Term Liabilities (Describe) $17 Total Liabilities (add lines 15 and 16)  $18 Total Net Worth (line 10 minus line 17)  $ Describe the information in lines 4, 7, 14 & 16 below:   

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Table 2: Business Financial Statement- Most Recent Month Balance SheetFor Month Ending:____________________________________

Business Financial Statement- Most Recent Month Balance Sheet(Principal Selection Factor 4)

1 Cash in Bank $2 Accounts Receivable $3 Inventory $4 Other Current Assets (Describe) $5 Total Current Assets (add lines 1-4)  $6 Personal Property (Equipment) Items $7 Other Fixed Assets (Describe) $8 (LESS Accumulated Depreciation) $9 Total Fixed Assets (add lines 6-7, minus line 8)  $10 Total Assets (add lines 5 & 9) $11 Accounts Payable $12 Bank Loans Outstanding $13 Loans due to Owners $14 Other Current Liabilities (Describe) $15 Total Current Liabilities (add lines 11-14)   16 Long-Term Liabilities (Describe) $17 Total Liabilities (add lines 15 and 16)  $18 Total Net Worth (line 10 minus line 17)  $ Describe the information in lines 4, 7, 14 & 16 below:   

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Table 3: Business Financial Statement- Historical Income StatementHistorical Income Statement(Principal Selection Factor 4)

Some lines may not be used, place "N/A" in these lines.Include revenues and expenses related to the business as a whole,

including any operations both inside and outside of the park.    Year 1 ( ) Year 2 ( )

1 Revenues  1a Revenue Source 1_________________ $ $ 1b Revenue Source 2 _____________________ $ $ 1c Revenue Source 3 _____________________ $ $ 

2 Total Revenues (add lines 1a-1c)  $ $ 3 Cost of Sales4 Total Cost of Sales $ $ 5 Gross Profit (line 2 minus line 4) $ $ 6 Direct Expenses6a Salaries and Wages $ $ 6b Payroll Taxes and Benefits $ $ 6c Operating Supplies $ $ 6d Car and Truck Expenses $ $ 6e Other Direct Expense 1 __________________ $ $ 6f Other Direct Expense 2 __________________ $ $ 

7 Total Direct Expenses (add lines 6a-6f) $ $ 8 Undistributed Expenses8a Administrative and General $ $ 8b Marketing (Advertising) $ $ 8c Utilities $ $ 8d Repair and Maintenance $ $ 8e Other Undistributed Expense 1

____________ $ $ 

8f Other Undistributed Expense 2 ____________ $ $ 

9 Total Undistributed Expenses (add lines 8a-8f) $ $ 

10 Fixed Expenses10

a Insurance $ $ 10

b NPS Franchise Fee (if applicable) $ $ 10c Other Fixed Expense 1 __________________ $ $ 10

d Other Fixed Expense 2 __________________ $ $ 11 Total Fixed Expenses (add lines 10a – 10d) $ $ 12 Total direct, undistributed and fixed

expenses (add lines 7, 9 and 11) $ $

13 EBITDA* (Line 5 minus line 12) $ $ 14 Depreciation and Amortization $ $ 15 Interest $ $ 16 Net Income Before Income Taxes $ $ 

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(Line 13, minus lines 14 & 15)*Earnings before Interest, Taxes, Depreciation and Amortization

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Instructions ONLY for Offerors not yet formed. If an Offeror is not yet formed, each Offeror-Guarantor that is a business entity should submit Business Financial Statements (Tables 1-3) on the previous pages. If the Offeror-Guarantor is an individual, complete the Personal Financial Statement below in Table 4.

Table 4: Personal Financial StatementPersonal Financial Statement(Principal Selection Factor 4)

Name:    As of Date:    % Ownership:    1 Cash in Bank $2 Other Personal Assets (e.g., Retirement Accounts, Stocks

& Bonds in Taxable Accounts, Real Estate, etc.) (Describe) $3 Total Assets (add lines 1-2) $4 Accounts Payable $5 Loans Outstanding (Bank, Mortgage, etc.) $6 Other Liabilities (Describe) $7 Total Liabilities (add lines 4-6)  $8 Total Net Worth (add lines 3 and 7)  $9 Salary $10 Other Income (Investment Income, etc.) (Describe) $11 Total Income (add lines 8-10)  $12 Total Contingent Liabilities (Endorsements or

Guarantees or Other Contingent Liabilities) (Describe) $

Describe the information in lines 2, 6, 10, & 12 below:

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3) Provide a CURRENT (within the last six months) and complete Business Credit Report with a Credit Score in the name of the Offeror from a ma-jor credit reporting company such as Equifax, Experian, TRW or Dun & Bradstreet. The credit report must show the date that it was run.

If the credit report includes negative information, provide a narrative explanation.

If you cannot obtain a Business Credit Report, submit Personal Credit Reports for each Offeror. For partnerships, submit a personal Credit Report for each general partner. Corporations must submit a Business Credit Report.

Note for Offeror-Guarantors:In the event the Offeror is not yet in existence, submit credit reports for each Offeror-Guarantor. Submit a Business Credit Report if the Offeror-Guarantor is a business entity. Submit a Personal Credit Report if the Offeror-Guarantor(s) is an individual.

4) Financial Viabilitya. Using no more than two (2) pages, please explain how you have the

financial capability to conduct the charter vessel services outlined in the business opportunity and the Draft Contract, and that your proposal will be financially viable. Provide a general description of your proposed financial business model, including what personal property and equipment you will use in your operation and/or how you will finance your start-up costs if you are a new business. Describe any financial problems encountered in the last 5 years providing these charter vessel services and how you resolved them.

b. Complete the following Prospective Income Statement, Table 5, to demonstrate that your proposal is financially feasible and that you will have a reasonable opportunity to make a profit from your business while carrying out the terms and conditions of the Draft Contract.

Estimate the amount of income and expenses for the proposed op-eration for the first year of operation. We included blank lines on the prospective income statement for your estimates for expense categories we did not list. Describe those categories on the blank lines.

Include only revenues and expenses related to the services re-quired and authorized by the Draft Contract inside the Park. Do not include other services you may provide outside the Park.

Fully explain the assumptions on which you base your projec-tions and provide sufficient details so we fully understand your assumptions. Provide revenue estimates by department, if ap-plicable.

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Note to Offeror: If you are not familiar with making these types of projections, you should consult an accountant or business advisor.

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Table 8: Prospective Income Statement

Prospective Income Statement(Principal Selection Factor 4 - Subfactor 4(b))

If a line is marked with an asterisk, see additional notes on the previous page. Some lines may not be used, place "N/A" in these lines.

Include only revenues and expenses related to the services required and authorized by the Draft

Contract inside the park in your prospective income statement. Do not include other services

you provide outside the park. This is unlike the Income Statement you provided in Subfactor 4(a).

    Year 1 Assumptions1 Revenues*  

1a Revenue Source 1 _____________________ $  1b Revenue Source 2 _____________________ $  1c Revenue Source 3 _____________________ $  1d Revenue Source 4 _____________________ $  

2 Total Revenues (add lines 1a-1d)  $  3 Cost of Sales4 Total Cost of Sales $  5 Gross Profit (Line 2 minus line 4) $  6 Direct Expenses

6a Salaries and Wages $  6b Payroll Taxes and Benefits $  6c Operating Supplies $  6d Other Direct Expense 1 __________________ $  6e Other Direct Expense 2 __________________ $  

7 Total Direct Expenses (add lines 6a-6e) $  8 Undistributed Expenses

8a Administrative and General* $  8b Marketing (Advertising) $  8c Utilities $  8d Repair and Maintenance $  8e Other Undistributed Expense 1 ____________ $  8f Other Undistributed Expense 2 ____________ $  

9 Total Undistributed Expenses (add lines 8a-8f) $  10 Fixed Expenses10

a Insurance* $  10

b NPS Franchise Fee $  10

c Other Fixed Expense 1 __________________ $  10

d Other Fixed Expense 2 __________________ $  11 Total Fixed Expenses (add lines 10a-10d) $  12 Total direct, undistributed and fixed

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expenses (add lines 7, 9 and 11)13 EBITDA* (Line 5 minus line 12) $  14 Depreciation and Amortization $  15 Interest $  16 Net Income Before Income Taxes

(Line 13, minus lines 14 & 15) $  

Additional Instructions for completing the Prospective Income Statement on the next page:

Line 1: If applicable, show revenues by departments (separate revenue activities- e.g., tour services, sport fishing services, rentals, etc.).

Line 8a: Administrative and General includes the costs of managing the business and may include items such as: credit card commissions; legal and accounting fees; travel; meals and entertainment; postage and printing; professional training; telecommunications expenses; etc.

Line 10a: Insurance: As required in Exhibit D of the Draft Contract.

Line 13: Earnings before Interest, Taxes, Depreciation and Amortization.

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PRINCIPAL SELECTION FACTOR 5. THE AMOUNT OF THE PROPOSED MINIMUM FRANCHISE FEE AND OTHER FORMS OF FINANCIAL CONSIDERATION TO THE DIRECTOR. (0-4 POINTS)The minimum franchise fee acceptable to the Service is $5.00 per passenger per Charter Vessel Use Day or $1000 annually, whichever is greater.

The offer of a higher franchise fee than the minimum is generally beneficial to the Service and accordingly will generally result in a higher score under this selection factor; however, consideration of revenue to the United States is subordinate to the objectives of protecting, conserving, and preserving resources of the park area and of providing necessary and appropriate visitor services to the public at reasonable rates.

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 per passenger dollar amount

______ Per Passenger Fee

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SECONDARY SELECTION FACTORS

SECONDARY SELECTION FACTOR 1. THE QUALITY OF THE OFFEROR’S PROPOSAL TO CONDUCT ITS OPERATIONS IN A MANNER THAT FURTHERS THE PROTECTION, CONSERVATION. AND PRESERVATION OF THE PARK AND OTHER RESOURCES THROUGH ENVIRONMENTAL MANAGEMENT PROGRAMS AND ACTIVITIES, INCLUDING, WITHOUT LIMITATION, ENERGY CONSERVATION, WASTE REDUCTION, AND RECYCLING. (0-3 POINTS)

Note to Offeror: The Service seeks concessioners who follow environmentally friendly business practices. The subfactor for this secondary selection factor focus on environmental management programs and activities that promote general environmental objectives such as waste reduction, fuel efficiency, recycling, etc. Please avoid overlap between your response here and your response to Principal Selection Factor 1.

The page limit for this subfactor is 2 pages, including all text, pictures, graphs, etc.

Secondary Subfactor 1a. Environmental Management Programs and Activities Please describe the steps you will take that will promote environmental objectives, such as energy conservation, waste reduction, and environmental purchasing. Include specific goals, actions, steps or programs that you commit to adopt and implement in this regard. If relevant, also include a description of how you intend to measure and monitor the effectiveness of your goals, actions, steps or programs.

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SECONDARY SELECTION FACTOR 2. THE QUALITY OF THE OFFEROR’S PROPOSAL TO CONDUCT ITS OPERATIONS IN A MANNER THAT WILL MINIMIZE IMPACTS ON OTHER PARK USERS AND COMMERCIAL OPERATORS. (0-3 POINTS)

Glacier Bay is enjoyed by many, including backcountry kayakers and private boaters, as well as other commercial operators, such as tour vessels. The Service’s objective is to have Charter vessel operations create an experience that has little impact on other park users. Describe how you will conduct your operations in a manner that will minimize impacts on other park users and commercial operators.

The page limit for Secondary Selection Factor 2 is 3 pages, including all text, pictures, graphs, etc.

Secondary Subfactor 2a. Minimizing Impacts on other park users.Describe how you will minimize the impacts of your on and off-vessel operations, as described in PSF2, on other park visitors.

Secondary Subfactor 2b. Working with other Commercial OperatorsDescribe how you will communicate and coordinate with other commercial opera-tors to minimize congestion and interaction.

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ANILCA SECTION 1307 PREFERRED OPERATOR APPLICATIONIf the applicant seeks to submit an offer as a business entity with a claim to a preference under ANILCA, it must be legally formed by the deadline for offer submission so that it may include its organizational documents with its offer, regardless of language to the contrary elsewhere in the proposal package. Offerors indicating they will be providing sport fishing service under the Draft Contract are not eligible for this right of preference, pursuant to ANILCA, Section 1307.

Please refer to the ANILCA Section 1307 regulations, referenced in the Proposal Instructions and included in the Appendix to this Prospectus, to answer the following questions:

LOCAL RESIDENT

A Local Resident, as defined in 36 C.F.R 13.305, are those individuals who have lived within the local area for 12 consecutive months before issuance of a solicitation of offers for a visitor services authorization for a park area and who maintain their primary, permanent residence and business within the local area and whenever absent from this primary, permanent residence, have the intention of returning to it. Factors demonstrating the location of an individual's primary, permanent residence and business may include, but are not limited to, the permanent address indicated on licenses issued by the State of Alaska, tax returns and voter registration.

A corporation may also qualify as a Local Resident provided the controlling interest is held by an individual or individuals who qualify as local resident(s) as defined in 36 C.F.R. 13.305. For non-profit corporations a majority of the board members and a majority of the officers must qualify individually as local residents.

Is the entity making this proposal seeking to be qualified as a local resident, for the services proposed under this prospectus? Note: Local area means an area in Alaska within 100 statute miles of the location within the park area where any of the applicable visitor services are authorized to be provided (i.e., within 100 statute miles of Glacier Bay National Park and Preserve).

Yes No

To qualify as a local resident, each of the following elements must be met and you must provide documentation, as described in the regulations, to establish each element. Failure to submit adequate documentation to prove each element by the Prospectus deadline will result in denial of your application for local resident status.

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INDIVIDUALS (Sole Proprietorship):

Has the offeror lived within the local area1 for 12 consecutive months before the date this prospectus was issued (see issue date on inside cover)?

Yes No

Has the offeror maintained its primary permanent residence and business within the local area?

Yes No

Whenever absent from this primary, permanent residence, does the offeror intend to return to it?

Yes No

Please submit at least two forms of documentation that demonstrate the location of an individual’s primary, permanent residence and business. Appropriate documentation may include, but is not limited to, the permanent address indicated on licenses issued by the State of Alaska, tax returns, voter registration, Permanent Fund Dividend applications and affirmances, utility bills, and title to or a lease agreement for the property where you reside. Post office boxes or other non-residential addresses are not acceptable proof of residence, even if listed on a State of Alaska license or other official document. NOTE: The documentation submitted must establish not only residence as of the date of the Prospectus, but residence for 12 consecutive months before the Prospectus was issued.

Rural residents without a verifiable street address should contact the National Park Service representative listed on the inside cover of this Prospectus to discuss acceptable forms of documentation.

1

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CORPORATIONS, PARTNERSHIPS, JOINT VENTURES, AND LIMITED LIABILITY COMPANIES:

Is the controlling interest2 held by an individual or individuals who qualify as local resident(s) (see above)?

Yes No

If Yes, provide a list of the individuals with ownership interest in the entity, identifying the ownership interest of each individual (the total should add up to 100%). Also provide corporation by-laws or other similar documentation (e.g. Articles of Incorporation and By-Laws for corporations; Operating Agreement for LLCs; Partnership Agreement for Partnerships; or Venture Agreement for Joint Ventures) that clearly identifies the interests, controlling or otherwise, of each individual in the entity.

For each individual for which local preference is being claimed, also answer the questions and provide the documentation required under the “Individuals” section above.

NON-PROFIT CORPORATIONS

Do a majority of the board members qualify individually as local residents (see above)?

Yes No

2 Controlling interest means, in the case of a corporation, an interest, beneficial or otherwise, of sufficient outstanding voting securities or capital of the business so as to permit the exercise of managerial authority over the actions and operations of the corporation or election of a majority of the board of directors of the corporation.

Controlling interest in the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, means a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial authority over the actions and operations of the entity. In other circumstances, controlling interest means any arrangement under which a third party has the ability to exercise management authority over the actions or operations of the business.

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Do a majority of the officers qualify individually as local residents (see above)?

Yes No

Provide a list of all board members and a list of all officers. For each board member and officer for which local preference is being claimed, also answer the questions and provide the documentation required under the “Individuals” section above.

Provide the entity’s Articles of Incorporation or similar organizational documentation.

MOST DIRECTLY AFFECTED NATIVE CORPORATIONS

Are you applying for “most directly affected Native Corporation” status, as defined in 36 C.F.R Part 13, Subpart E? If yes, provide the documentation to support this determination, as described below. 3

Yes No

Per 36 C.F.R 13.325(d), a Native Corporation that did not apply for this determination in connection with an earlier visitor services authorization may apply for a determination that it is an equally affected Native Corporation. Native corporations applying for this status must provide the information requested below:

(1) Name, address, and phone number of the Native Corporation; date of incorporation; its articles of incorporation and structure;

(2) Location of the corporation’s population center or centers;(3) An assessment of the socioeconomic impacts, including historical and

traditional use and landownership patterns and their effects on the Native Corporation as a result of the expansion or establishment of Glacier Bay National Park and Preserve by ANILCA.

(4) Any additional information the Native Corporation considers relevant.

(END OF ANILCA SECTION 1307 PREFERRED OPERATOR APPLICATION)

3 Huna Totem Corporation has previously been determined to have “most directly affected” Native Corporation status for Glacier Bay National Park and Preserve and does not need to resubmit supporting documentation.

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