MODIFICATION
M -- Modification No. 1 to Solicitation CC-BLRI008-13, a Prospectus and Answers to Questions Received in Response for Craft Sales and Limited Food and Beverage Service at the Folk Art Center
- Notice Date
- 6/27/2012
- Notice Type
- Modification/Amendment
- Contracting Office
- SER - National Park Service Concessions100 Alabama Street, SW Atlanta GA 30303
- ZIP Code
- 30303
- Solicitation Number
- BLRI008-13
- Response Due
- 7/27/2012
- Archive Date
- 6/27/2013
- Point of Contact
- Mark Morgan Concessions Specialist 4045075638 mark_morgan@nps.gov;
- E-Mail Address
-
Point of Contact above, or if none listed, contact the IDEAS EC HELP DESK for assistance
(EC_helpdesk@NBC.GOV)
- Small Business Set-Aside
- N/A
- Description
- Modification No. 1 to Solicitation CC-BLRI008-13, a Prospectus and Answers to Questions Received in Response for Craft Sales and Limited Food and Beverage Service at the Folk Art Center Modification No. 1 The NPS makes one correction and one addition to Appendix B: Excel Forms for Proposal Package. The correction is to a formula found in the "Income Statement Form" tab in cells B50-K50 where incorrect formulas resulted in an error messages (#REF) in columns B-K for rows 50, 67, 69, 73, 79, and 83. To correct the error, the user must remove the occurrences of "#REF" from the formulas in the cells in row 50. For example, the formula in cell B50 is "=#REF!+B43+B39+#REF!+B35+B48". For cell B50, the correct formula is "=B43+B39+B35+B48". The first addition is to the "Cash Flow Statement Form" where the NPS adds the word "Provided" to the title of row 26 (Net Cash Used in Financing Activities), making the revised title "Net Cash Provided/Used in Financing Activities". The NPS recommends all Offerors either make the addition and correction as described above, or download the corrected Appendix B. The corrected Appendix B is now available on the NPS Commercial Services website. The link is http://www.concessions.nps.gov/blri008-13.htm. Site Visit Questions and Answers 1. If the concessioner is willing to surrender all leasehold surrender interest, could the concessioner with the approval of the National Park Service make capital improvements to the Folk Art Center for the benefit of the visitor? The NPS advises prospective bidders not to propose any project which would create LSI in their offer for the Draft Contract. Any proposed project made in an offer for this Draft Contract will not be scored or considered in the evaluation of the Offeror's proposal. Once the Concession Contract is awarded the concessioner may propose a project. If it meets NPS requirements and is approved by NPS, the Concessioner may be allowed to enter into a written agreement with the NPS to waive any LSI the concessioner might obtain from the approved project. 2. On the financial projection form, it asks for "rent". What is rent and how much is it and who does it get paid to? For the purposes of the Income Statement Form in the Excel Forms for the Proposal Package, "rent" can be used to list rent payments needed for out-of-park facilities that directly support the concession operation. For example, if an Offeror proposes to rent warehouse space outside of the Concession Facilities to store merchandise for sale in the Folk Art Center, the NPS would like to know the Offeror's projected rent for such a space. 3. Who does the (Concessioner) pay taxes to and what taxes need to be included in the financial projection? Does the Folk Art Center pay property taxes and if so, to whom? Does the Folk Art Center pay personal property or vehicle taxes and if so to whom and on what personal property? Is it possible there are no taxes paid to any entity other than income tax? If so, please state such. Does the Folk Art Center pay property taxes and if so to whom? Is this possibly personal property or vehicle taxes? If so, paid to whom? On what personal property? The Concessioner would be responsible for paying all applicable income and property taxes (real and personal) due to local, state, and federal governments. A space for estimating property taxes is included the Income Statement Form in the Excel Forms for the Proposal Package to list property tax estimated payments needed for out-of-park facilities that directly support the concession operation. See question #2 for an example. The Concessioner will not pay property taxes on government owned facilities within the Park. 4. Is there an exemption for "craft sales" when calculating franchise fee amounts? Franchise Fees are paid based on a percentage of Gross Receipts. The Draft Contract defines the exemptions to Gross Receipts. Section 416(b) of the National Parks Omnibus Management Act of 1998 exempts the revenues derived by NPS concessioners from the sale of United States Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts from concession contract franchise fees to encourage Native American handicraft sales by concessioners. Concessioners must mark sales items that are authentic native handicrafts with a label attesting to the item's authenticity, and maintain sales receipts for those items in order to be eligible for franchise fee exemption. 5. Can a (Concessioner) sell gift items as well as crafts? Is there a total prohibition on selling items other than crafts? Can a new operator sell books, maps, CD's etc. of an interpretive and/or appropriate nature? The Draft Contract requires the Concessioner to provide Craft Sales, as defined by the Draft Operating Plan Section 11. B.. No retail service other than Craft Sales is required or authorized under the Draft Contract. 6. I am having trouble understanding why Eastern National (EN) can occupy space at no expense. Why do they not pay rent? Can we require monies from EN to offset expenses they create? (they certainly would have an unfair advantage seeing as how they do not pay rent, utilities, or overhead). What is EN's insurance requirements? If a visitor falls within the space EN uses, who is liable? Can a new operator sell similar items? Please explain how EN has the right to remain (free of charge) in the building. Who cleans and maintains the space used by EN? (a) Under the Draft Contract, the Concessioner has no obligation to operate, maintain, or insure space within the facility that is not included in the Concessioner Facilities. Additionally, as a matter of public record, the NPS authorizes Eastern National (EN) under a Concession Contract and a Cooperative Agreement to provide services at the Folk Art Center. EN is required to meet insurance and cleanliness requirements per its Concession Contract and Cooperative Agreement. Under each authorization, EN pays a portion of its proceeds to the NPS. The contractual arrangement between Eastern National and the NPS is solely between them to include any expenses and revenue. Similarly, the contractual arrangement between the Concessioner under the Draft Contract is solely with the National Park Service. (b) Eastern Nationals Insurance is contractually required to maintain liability insurance at the NPS recommended level. (c) Eastern National sells primarily interpretive items as well as visitor convenience items. All items must be approved by the Superintendent. Eastern National is required to clean and maintain its assigned area. (d) The Draft Contract requires the Concessioner to provide Craft Sales, as defined by the Draft Operating Plan Section 11. B.. No retail service other than Craft Sales is required or authorized under the Draft Contract. 7. Night time/after hour events? Can the facility be used for nighttime events such as bluegrass music, craft fairs, and similar events of an interpretive nature? The Draft Contract authorizes Special Events and Workshops, and the Draft Operating Plan defines the process for special event and workshop approval. Please see Draft Contract, Sec. 3 (a) and Operating Plan Section 11. D). 8. Weddings, receptions, and other? Can the facility be used for events such as, weddings or receptions so long as they do not interfere with the primary mission of the Folk Art Center? Use of the auditorium for weddings, events, etc.? What are the restrictions for use of the auditorium? The Draft Contract authorizes Special Events and Workshops and the Draft Operating Plan defines the process for special event and workshop approval. Please see Draft Contract, Sec. 3 (a) and Operating Plan Section 11. D). 9. Beer and wine sales? Can beer and wine be offered for sale? (contingent on getting a license) The Draft Contract does not prohibit the sale of Beer and Wine as part of the Food and Beverage service. Upon award of the contract, the Concessioner must request approval from the Superintendent. Additionally, the new Concessioner will be required to comply with City and County licensing requirements (as applicable). 10. Insurance limits and coverage requirements? What does the NPS require for insurance limits? Liability limits are at what required level. The Draft Contract, including Contract Exhibit I, Insurance, provides the minimum insurance requirements. 11. Is there a requirement for the winning bidder to purchase the inventory and personal property? Can the winning bidder offer the existing concessionaire a lesser price for PP and inventory? Can the winning bidder not purchase personal property and existing inventory in lieu of providing its own PP and inventory? The Successor Concessioner is not required to purchase the personal property from the Existing Concessioner. Please review Section 15 (d) (2) of the Existing Contract (Appendix C) for further information. 12. Does the NPS require any or all of the following: a loss control plan, environmental management plan, and integrated pest management plan? Guidelines for these required plans are provided in the prospectus announcement at http://concessions.nps.gov/blri008-13.htm. Please refer to Exhibits H (Maintenance Plan) and Exhibit B (Operating Plans) under the Additional Files Banner. 13. Can a floor plan be provided? If so please provide. The floor plan is provided in the prospectus announcement posted at http://concessions.nps.gov/blri008-13.htm. Please refer to Exhibit D, Assigned Land under the Additional Files Banner. 14. Can a copy of the maintenance plan be provided? If so please provide. The Maintenance Plan is provided in the prospectus announcement at http://concessions.nps.gov/blri008-13.htm. Please refer to Exhibit H, Maintenance Plan under the Additional Files Banner. 15. Can a summary of the age and the condition of the HVAC system be provided? If so please provide. The HVAC was installed in 2005 and most components have a design life of 20/25 years. No further information is available. 16. Can actual historical utility bills (water, sewer, electric, and other) be provided? If so please provide. The actual utility bills cannot be provided. The City of Asheville provides water and sewer services and Progress Energy provides electricity to the Folk Art Center. Total utility expenses are projected to average 2% to 3% of the Concessioners gross income. The Concessioner will be responsible for all costs associated with required utilities. (page 7, Business Opportunity). The Service has never required that the Folk Art Center provide copies of utility invoices. Any new reporting requirements would need to be discussed prior to any implementation. 17. Can a specific list of the deferred maintenance be provided? If so please provide. The list of Deferred Maintenance is provided in the prospectus announcement posted at http://concessions.nps.gov/blri008-13.htm. Please refer to Exhibit H, Maintenance Plan Attachment under the Additional Files Banner 18. Can you describe the type of NPS inspections and/or evaluations that will be conducted along with their frequency? Please refer to the Operating Plan (Exhibit B), Maintenance Plans (Exhibit H), and Appendix N, NPS 48, Chapter 21 for clarification. These documents are located at http://concessions.nps.gov/blri008-13.htm, under the Additional Files Banner. 19. The NPS views the treatment of Repair and Maintenance Reserve (component renewal) items as leasehold improvements. It is expected that the cost will be amortized over the shorter of the useful life. Does this mean I would get LSI value for maintenance reserve expenditures? Repair and Maintenance Reserve expenditures are not eligible for LSI. 20. How much of the historical sales volume depicted in the prospectus was from the on line store? How much of the historical sales figures presented in the prospectus were from inside sales versus on line sales? The historical sales figures located in Exhibit 3 of the Business Opportunity for Prospectus CC-BLRI008-13, Folk Art Center, are based on in store revenue only. The Draft Contract defines "Gross receipts" to include the total amount received or realized by, or accruing to, the Concessioner from all sales for cash or credit, of services, accommodations, materials, and other merchandise made pursuant to the rights granted by this Contract, including gross receipts earned from electronic media sales. For example, Gross Receipts will include all on-line sales of merchandise displayed or housed at the Folk Art Center.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOI/NPS/APC-IS/BLRI008-13/listing.html)
- Place of Performance
- Address: Blue Ridge Parkway
- Zip Code: 28803
- Zip Code: 28803
- Record
- SN02787551-W 20120629/120627235224-b78ff9729c8d45b8e7e4ec55080f70ce (fbodaily.com)
- Source
-
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