Application For National Elk Refuge Interpretive Horse-Drawn Sleigh / Wagon Ride Contract
To: Grand Teton Association (GTA) through a Partnership Agreement with National Elk Refuge PO Box 510 Jackson, WY 83001
In accordance with the prospectus dated May 16, 2017, for the contract opportunity of providing winter horse-drawn sleigh/wagon rides on the National Elk Refuge (Refuge), I (____) we (____) hereby agree with the requirements specified in the Prospectus and submit the following offer:
1. Operation Provide horse-drawn sleigh/wagon rides onto the National Elk Refuge during the winter season for the public. The sleigh ride operation will be open daily from mid-December through early April, except for Christmas Day, with the start date determined by the National Elk Refuge. When snow cover on the ground is too sparse to allow sleighs to move easily, wagons will be substituted. Visitors will be transported from the ticket sales location in the Jackson Hole & Greater Yellowstone Visitor Center (the Visitor Center) at 532 N. Cache Street, Jackson, Wyoming, through a gate, and onto the Refuge to the sleigh boarding area. Visitors will be returned to the Visitor Center after completing their tour. Shuttle buses will run at appropriate intervals to keep sleighs full and minimize the wait for visitors both in boarding the sleigh and in returning to the Visitor Center.
All operations will be conducted pursuant to the terms and provisions of the Prospectus and the Submission of Proposals.
Agree to provide ____Yes ____No
2. Term The length of the proposed contract is five (5) years, with a renewal period of five (5) additional years depending upon performance of the company/individual awarded the solicitation. In the event that changes are necessary due to new regulations, new legislation, Refuge management actions, or other factors, the Refuge and the Contractor will, at the discretion of the Refuge Manager, renegotiate any material terms of the contract affected by the changes.
Agree to provide ____Yes ____No
3. Franchise Fee Pay an annual franchise fee to the Refuge through the GTA, no less than 5% and up to a maximum of 20% of gross receipts. The Contractor must maintain financial reports and application accounting records that provide adequate financial information to support audits of its operations.
Agree to provide ____Yes ____No
4. Rates Operate at rates approved by the Refuge through the GTA. Prices shall be regulated consistent with the local prevailing rates and a reasonable return on the Contractor’s investment. All sleigh ride rates are subject to final approval by the Refuge and the GTA.
Agree to provide ____Yes ____No
5. Insurance Public liability insurance to protect both the Contractor, the Refuge, and the GTA is required. Public and vehicle liability coverage must be at least $1,000,000 per occurrence covering both bodily injury and property damage, and the Contractor must co-name the Service and GTA as “additional insured” in each insurance policy for the Contractor operation on Service lands and waters. All insurance and indemnification listed in the Prospectus must be provided.
Agree to provide ____Yes ____No
6. Execution Sign and return the Contract within 30 days after it is presented by the GTA through the Refuge.
Agree to provide ____Yes ____No
I certify the information furnished in this proposal is true to the best of my knowledge and belief.
By: ______
Name of Company: ______
Address: ______
______
Telephone: ______
Date: ______
page 2 of 2 Submission of Proposals
For National Elk Refuge Interpretive Sleigh/Wagon Rides
Persons or businesses having the experience and financial means to meet the minimum conditions specified in the Prospectus and who desire to enter into a contract with the Grand Teton Association (GTA) may do so by submitting one original and five copies of a proposal along with a signed application no later than 4:00 p.m. (Mountain Time Zone) on June 29, 2017.
The National Elk Refuge (Refuge) and GTA will consider all proposals submitted by the stated deadline where the offeror agrees to all of the conditions of the Application and Prospectus and provides all information specified in the Submission of Proposals
All proposals should at a minimum contain the following information:
A. Identify the Offeror
1. Identify the offeror (“proposed entity that the offeror intends to establish for the purpose of operating under this contract”) submitting this proposal.
2. Clearly identify both the formal structure of the primary business entity with whom the Refuge and GTA will be dealing with, along with its owner(s).
3. Provide materials to explain the financial circumstances, legal form, and ownership of the business entity for the proposed interpretive sleigh/wagon ride operation.
4. Identify related, subordinate, and/or superior entities and any other organization, entity, contractor, or subcontractor that will have a role in managing, directing, operating, or otherwise carrying out the service to be provided. Where these exist, or where many entities will act in concert to provide the services required, describe each of them and the relationship between or among them.
B. Demonstrated Experience
1. Offerors should give specific examples of past or current business operations that are similar to the type of business activity being solicited.
2. Describe the business management qualifications and past experience of the entity and how they relate to the management of the interpretive sleigh/wagon ride operation described in the Prospectus and Application.
3. Be specific with respect to size of operations, dates, area of operation, specific duties, number of people supervised, hours worked per week, and other factors that would be helpful to proposal evaluators in establishing a clear understanding.
4. Include specialized training, licenses, education, and special qualifications.
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5. Include professional and/or community awards, or special recognition received related to the similar work or operation of a business, including in the areas of customer service and education/ interpretive programming.
6. Include any education programs/workshops and community involvement activities that demonstrate experience requiring knowledge of the U.S. Fish and Wildlife Service mission, the National Wildlife Refuge System mission, Refuge objectives, and the local ecosystem.
C. Financial Capability
1. Provide the following information:
a. For corporations, partnerships, or others that propose to provide the services or part of the services required: Provide the latest financial statement available including the notes to the statement or similar explanatory material and the related audit report.
b. For sole proprietors and unconventional lenders and proposed individual investors: Provide personal financial statements.
c. For proposed corporations or partnerships that will be formed for the purpose of offering a proposal for the Contract: Provide financial statements that will demonstrate financial capability and resources.
2. Identify the sources(s) of all needed funding. Document the source and availability of all funds with current audited financial statements, financing agreements, letters of commitment, and similar supporting documents from all sources. Present specific and compelling evidence of offeror’s ability to obtain the necessary funds. Identify all sources and provide complete documentation. Fully explain the financial arrangements you propose to use.
a. If funds are to be obtained from individuals, provide a current personal financial statement, documentation of assets to be sold, commitments from lenders, or other assurances that make a compelling demonstration the funds are available and committed.
b. Funds from other sources must be supported by a current, audit balance sheet and income statement, and whatever supporting documents are needed to provide compelling evidence funds are available and committed.
c. Funds obtained by the sale of assets must be supported by a description and condition of the assets and any encumbrances on those assets and/or the proceeds of their sale. Also, the condition of the market for such items should be indicated in a way that both the ability to sell the asset at the necessary time and the ability to sell at a price sufficient to meet funding expectations is identified. Qualified appraisals and other professional estimates of value must be provided. You must prove in a compelling way that the asset will yield the necessary funds at the necessary time.
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D. Proposed Staffing/Management of Operation
1. Provide an organizational chart showing the principal lines of authority between departments or functional areas and managers. Provide names of individuals, background experience, and duties for all managerial positions associated with administering the proposed operations. If the individuals are not known, identify the positions and duties to be performed. Provide detailed resumes for all current and proposed on-site managers. Identify the specific responsibilities of the on-site manager and how that individual is qualified to undertake those responsibilities.
2. Describe the decision-making authority that will be delegated to the on-site manager(s) if a higher corporate level of control is held.
3. Describe how managers will be employed, e.g., by contract, as regular employees, season to season, or on a rotation from another operation, on rotation through the various parts of the operations, etc.
4. Describe your proposed staffing plan for all activities to be provided. Please be specific. Indicate the number of employees in each department or functional area and provide a summary description of the basic functions.
5. Provide proposed wage levels and estimated hours per week for each position or group of positions. Rather than relying primarily on a gratuity program associated with this contract, the emphasis should instead be on a performance-based evaluation service. Describe your proposed incentive plan that will reward employees who provide a high quality of interpretation and customer service.
6. Identify the standards you apply to the hiring of personnel. Identify the training they will receive, including training to provide interpretation on sleigh/wagon rides.
7. Describe how you will ensure employees are hospitable and exercise courtesy and consideration in their relations with the public. Include ways to ensure the employees are interested in serving the public in a national wildlife refuge and interested in being positive contributors to the Refuge community. Describe how you will achieve a consistent standard level of friendliness and positive attitude by which guests and interpretive staff are treated.
8. Outline the training program you propose. Specifically address the initial and ongoing training employees will receive in interpretation and the missions of the U.S. Fish and Wildlife Service and National Wildlife Refuge System. Describe how you will achieve a consistent standard level of knowledge among all staff about the Refuge and its rules, regulations, special programs, and key messages and themes identified by the Refuge.
9. Describe any special experience or educational background that qualifies any of your staff to inform the public regarding such environmental topics as the mission and objectives of the National Wildlife Refuge System, endangered species of the Refuge, specific plants and animals that inhabit the Refuge, the surrounding ecosystem, relevant wildlife management practices, and habitat protection. Identify the individual(s) and his/her qualifications including but not limited
Page 3 of 4 submission of proposals to education (include all degrees), training, experience, and special recognition including awards, articles published, speaking engagements, and teaching/instruction experience.
E. Description of Public Services and Facilities Proposed
1. Describe all equipment you will use in the interpretive sleigh/wagon ride operation. Your description should include, but not necessarily be limited to the following:
a. Provide a description of equipment, and where appropriate, the manufacturer, model numbers, and age of the equipment.
b. Provide photos of equipment if owned, or catalog descriptions if you intend to purchase equipment for the interpretive sleigh ride operation.
c. Describe what steps you will take to ensure all equipment is safe and environmentally friendly.
d. Describe your proposed use of Refuge facilities, including horse barns, pastures, sleigh ride cabin, and Visitor Center sales area.
2. Describe all services you will provide in the interpretive sleigh ride operation. Your description should include but not be limited to the following:
a. Describe how tours will be conducted.
b. Describe your proposed fee schedule.
c. Describe what methods you will take to ensure that interpretive sleigh/wagon rides are conducted in a way that will minimize disturbance to wildlife.
d. Describe the type of information you intend to present during guided interpretive tours and the major themes or key messages you plan to use. Describe what information you plan to present pertaining to the surrounding ecosystem, the plants and wildlife of the Refuge, endangered species of the Refuge, preservation of habitat of the Refuge, and the mission and objectives of the Refuge.
e. Describe what procedures your staff will use to respond to emergency situations.
f. Describe the safety procedures you intend to use.
F. Proposed Percentage of Gross Receipts Payable to the Grand Teton Association
Identify a proposed franchise fee that will be paid biweekly to the GTA. The proposed rate must be a minimum of 5% up to a maximum of 20% of gross receipts. Include the criteria for determining this franchise fee percentage.
Page 4 of 4 Prospectus
Under Which a Contract Will Be Open for Competition for the Operation of Interpretive Horse-Drawn Sleigh / Wagon Ride Tours on the National Elk Refuge
Prospectus issued on May 16, 2017
Persons or businesses having the experience and financial means to meet the minimum conditions specified in the Prospectus and who desire to enter into a contract with the Grand Teton Association (GTA) may do so by submitting one original and five copies of a proposal and a signed application no later than 4:00 p.m. (Mountain Time Zone) on June 29, 2017 to:
National Elk Refuge Attention: Contract Proposal PO Box 510 Jackson, WY 83001
Address questions to: Lori Iverson, Outdoor Recreation Planner, National Elk Refuge, PO Box 510, Jackson, WY 83001, (307) 201-5433.
Proposals received after the above listed date and time will not be eligible for consideration and will be returned. Proposals transmitted by facsimile, or modifications to proposals transmitted by fascimile, will not be accepted.
Proposals will become the property of the U.S. Government at the time of submission and will not be returned. Disclosure of information in the proposals will be confined by the limits of the Freedom of Information Act. Upon signing the Contract, the successful proposal will become part of the agreement.
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I. The Cooperative Partnership Between the National Elk Refuge and the Grand Teton Natural History Association The Grand Teton Association (GTA) and the National Elk Refuge (the Refuge) have signed a Partnership Agreement whereby the GTA has agreed, through a five year contract, to hold the contract for interpretive sleigh/wagon rides and agree to the use of space in the Jackson Hole & Greater Yellowstone Visitor Center (the Visitor Center) for sleigh ride ticket sales. The Refuge will have final approval over all matters pertaining to Refuge interpretation, sleigh ride contractors, and their operations.
II. The Business to be Operated Under the Contract
The GTA, acting under a Partnership Agreement through the Refuge, is seeking a qualified Contractor to provide and operate interpretive sleigh rides for the general public on the Refuge in Jackson Hole, Wyoming.
The business will be as follows:
A Partnership Agreement has been made in which the GTA is to function as the managing organization of Refuge interpretive sleigh/wagon ride services. The Refuge will provide staff for interpretive purposes, both at the Jackson Hole & Greater Yellowstone Visitor Center and on the sleigh rides as needed.
Sleigh ride ticket sales will be located at the Visitor Center at 532 North Cache Street in Jackson. The location of the sleigh ride boarding area is on the west side of the Refuge, opposite the National Museum of Wildlife Art, with access to Highway 26/89/191 through the Refuge game fence. Visitors will be shuttled from the Visitor Center to the sleigh ride boarding area by shuttle buses or large vans provided and maintained by the sleigh ride Contractor.
This invitation is issued to evoke the widest possible interest in providing this service and to inform all interested parties of the requirements and conditions under which the services may be provided. The sleigh ride Prospectus, Application, and Submission of Proposals contain important specific information which prospective applicants should read carefully in order to obtain a greater understanding of the overall operation prior to submitting an offer.
Should a successful applicant other than the existing Contractor be awarded the Contract, the successful applicant is not required to purchase the existing Contractor’s assets, nor is the existing Contractor obligated to sell his/her assets. The existing Contractor is under no obligation to provide information to applicants but may choose to do so. Contact information for the existing Contractor may be obtained from the Refuge.
The right to do business is provided by the Refuge through the GTA.
The length of the proposed contract is five (5) years, with a renewal period of five (5) additional years depending upon performance of the company/individual awarded the solicitation. In the event that changes are necessary due to new regulations, new legislation, Refuge management actions, or other factors, the Refuge and the Contractor will, at the discretion of the Refuge Manager, renegotiate any material terms of the contract affected by the changes.
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The GTA, through the Refuge, considers a 45 calendar day response period to be sufficient time for proponents to submit proposals.
Applicants are strongly advised to visit the area to become familiar with physical conditions and limitations involved and become acquainted with the details requisite to operating interpretive sleigh rides. A one-time guided tour and question-and-answer session concerning the interpretive operation will be scheduled in early June. Please contact the Refuge Outdoor Recreation Planner at the following address: PO Box 510, Jackson, Wyoming 83001 or by phone at (307) 201-5433 to express interest in the tour.
1. Resource Protection Considerations
In considering this contract proposal, interested individuals and parties should be aware that, by legislation and policy, interpretive and educational activities on the Refuge are secondary to the primary objectives of protecting and perpetuating the unique wildlife and natural resources of the area. Refuge public use activities and associated facilities must be planned and controlled as necessary to be compatible with the basic Refuge objectives and to ensure visitors receive a quality experience.
The Refuge expects Contractors to give special attention in their operations to the preservation, protection, and interpretation of Refuge resources and the environment win fulfillment of its mission and that of U.S. Fish and Wildlife Service. Routine business operations, educational activities, and employee programs must be conducted in a manner and by such methods that minimize negative environmental impacts on the Refuge and that encourage others to do the same. In this way, a Contractor can participate with the Refuge in its stewardship role. Appropriate participation in such activities is an evolving agenda, with issues and technologies changing over time. The following information provides some idea of the Service’s current agenda on the Refuge: a. Solid waste disposal is a both a major environmental issue and costly disposal problem. The Contractor will be expected to reduce, reuse, and recycle. The Contractor should actively work to reduce the amount of trash and waste generated, to acquire products with consideration given to the ability to reuse or recycle the product and its packaging, and to recycle all materials possible. The Contractor will provide a high level of environmental stewardship by focusing on “green” products. Where possible, the Contractor will use materials and processes that are environmentally preferable, particularly focusing on the use of post-consumer recycled materials, materials that require less-toxic care, equipment and product life-recycle analysis, and minimization of pesticides, persistent toxic chemicals, and carcinogens. Pollution prevention, materials recycling, and hazardous waste generation elimination should be goals; use applicable guidelines as a reference when purchasing equipment, construction materials, and other products. b. Water and energy conservation must be practiced in daily operations. c. Air quality affected by vehicles and other operations is of concern. Fuels are evolving as in engine technology in ways that will benefit air quality. Contractors should adapt their operations to such changes as they are proven to be reliable and effective. d. The operations are conducted in a natural area with a variety of wildlife. The Contractor must conduct its operations under Refuge direction towards compatible human-wildlife interactions
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and mitigating disturbance. e. Orientation programs and employee development and training must occur in a manner that genuinely emphasizes the importance of the natural and wildlife resources and the necessary consideration due from all employees, as well as key messages and themes identified by the Refuge. f. The Refuge is actively involved in an exotic weed elimination program as an ongoing part of its range management program. The Contractor is required to adhere to all county weed restrictions regarding hay used for Contractor operations.
2. Interpretation
The Refuge expects the Contractor and Contractor’s employees will, in appropriate ways, interpret Refuge natural and wildlife resources to Refuge visitors, with the objective of instilling an appreciation of the Refuge’s wildlife resources.
The Contractor and Contractor’s employees will, as appropriate, be familiar with Visitor Center services and activities in order to better address visitor questions. Contractor interpretative messages must include safety, the mission of the U.S. Fish and Wildlife Service and the National Wildlife Refuge System, and other interpretive key messages and themes identified in the Refuge’s annual interpretive training.
The Refuge will provide annual interpretive training and orientation for Contractor’s employees involved with sleigh ride operations. This training will be mandatory for sleigh ride Contractor employees who drive the sleighs and buses; employee training days will be paid by the Contractor.
The Refuge and Contractor will periodically monitor rides to assess visitors’ experiences, ensure identified key messages are delivered, and evaluate the working interpretive relationship between the Contractor’s drivers and winter naturalists hired by the Refuge.
3. Rates for Service
Rates and prices charged are subject to prior approval by the Refuge. Prices charged by the Contractor shall be regulated consistent with the local prevailing rates and a reasonable return on the Contractor’s investment. All sleigh ride rates are subject to final approval by the Refuge and GTA.
To augment government-related operations and reduce government expenses, the Refuge reserves the right to request space on sleighs or wagons for Refuge and wildlife management purposes when needed. The Refuge reserves the right to have interpretive or management staff on any sleigh or wagon as well as designated media. All rates for all other goods and services are to be charged to all government employees and their dependents in the same manner as to general Refuge visitors, except for designated representatives while conducting official evaluations in accordance with the Refuge interpretive or Contractor review program or other public use work. The Contractor will set school, group, private, and special discount rates as the Contractor deems appropriate, coordinating these special rates with the Refuge and GTA.
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4. Equal Opportunity
The Refuge is interested in having Contractor operations reflect, through its employees, the cultural and ethnic diversity of the area in which they operate and of the nation as a whole. The Refuge believes a varied and diverse Contractor work force will better serve the increasingly varied and diverse clientele which uses the nation’s national wildlife refuge areas. The Contractor will not discriminate against anyone on the basis of race, color, national origin, gender, religion, disability, age, sexual orientation, status as a parent, or genetic information, with regard to any program, activity, or service, including employment.
5. Facility and Service Accessibility
The Contractor will be required to comply with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). Compliance with the ADAAG meets all accessibility requirements under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
The Contractor must provide a minimum of one shuttle vehicle that is wheelchair accessible and compatible with the Visitor Center and sleigh ride boarding area functions, or provide a reasonable accommodation. A wheelchair lift at the sleigh boarding area should be routinely checked to ensure it is operational. The Contractor must demonstrate a commitment to full participation for persons with disabilities. This commitment must represent opportunities for both mainstreaming individuals into the normal use patterns of contract facilities as well as the willingness to provide specialized accommodations and programs.
It is recognized there are significant variations among contract activities as to the possible range of accessibility and accommodation. However, the Contractor will be expected to handle accessibility issues and inquiries in a supportive and assisting manner which will provide reasonable opportunities for that activity.
6. Operating Plan
An Operating Plan will include such details about the operations necessary for the Contractor, GTA, and Refuge to operate well together and provides the Contractor with information as to what specific operating practices are considered satisfactory by the Refuge and GTA.
The Operating Plan includes but is not limited to hours of operation, scope and quality of service, management information, description of operations, visitor procedures and information, description of sleigh boarding area and shuttle bus operations, ticket sales, facilities, advertising, safety, interpretive services, resource protection, and other areas of concern. The Operating Plan will be a supplement to the Contract. An Operating Plan must be signed annually by the Contractor prior to the start of each season. The plan will be reviewed annually with the appropriate designations and changes as determined by the Refuge and GTA.
7. Insurance
The Contractor shall save, hold harmless, defend and fully indemnify the United States and GTA and its agents and employees as an additional insured entity for losses, damages, and expenses on
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account of fire or other peril, bodily injury, death or property damage, or claims for bodily injury, death or property damage, of any nature whatsoever, and by whomsoever made, arising out of the activities of the Contractor, his/her employees, subcontractors, or agents under this Contract.
1. The Contractor shall purchase, at a minimum, the types and amounts of insurance coverage as stated herein and agrees to obtain any additional insurance limits and coverages the Refuge and/ or GTA may require during the term of the Contract.
2. The Contractor shall provide the Refuge and GTA with a Statement of Contractor Insurance and Certificate of Insurance at the inception of this Contract and upon any renewal thereafter, and shall provide the Refuge and GTA thirty (30) days advance written notice of any changes of limits, coverages, or conditions in the Contractor’s insurance program hereunder.
3. The Refuge or GTA will not be responsible for any omissions or inadequacies of insurance coverages and amounts in the event the insurance purchased by the Contractor proves to be inadequate or otherwise insufficient for any reason whatsoever.
4. The Contractor shall name both the Refuge and GTA as additional insured on all policies of insurance the Contractor is required to obtain under the Contract.
5. The Contractor shall provide Commercial General Liability insurance against claims occasioned by actions or omissions of the Contractor in carrying out the activities and operations authorized hereunder. Such insurance shall be in the amount commensurate with the degree of risk and scope and size of such activities authorized herein, but in any event, the limits of liability shall not be less than one million dollars ($1,000,000) per occurrence covering both bodily injury and property damage. From time to time, as conditions in the insurance industry warrant, the Refuge Manager reserves the right to revise the minimum required limits and coverages.
6. The Contractor shall also obtain Vehicle Liability insurance for Contractor operated vehicles either owned, non-owned, leased, and/or hired vehicles used solely by Contractor employees within the boundaries of the Refuge, Jackson Hole & Greater Yellowstone Visitor Center, and points between, and the coverage amount as required by State Law and in no case less than one million dollars ($1,000,000).
8. Compliance with Federal, State, and Local Laws
The Contractor must comply with all Federal, State and local laws, and such licenses which may be required.
9. Contractor Review Program
The Refuge Manager is responsible for overseeing daily operations on Refuge lands. The Refuge Manager, through his/her designated representative, will maintain a continuing review of Contractor operations and management to determine if the Contractor is complying with all provisions of the Contract and to evaluate the Contractor’s operation to determine if satisfactory service is being provided. This Contractor Review Program will include, but not be limited to: a. The quality of the service rendered to the public; b. The prices charged to the public; c. Timeliness of operations, including but not limited to daily hours of operations, length of rides,
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visitor waiting periods, and starting and ending times; d. Coordination and movement of visitors within the Visitor Center; e. Compliance with visitor accessibility; f. Condition of the contractor’s premises and equipment; g. Appearance and conduct of the Contractor’s employees; h. Degree to which facilities, vehicles and equipment are properly operated, maintained, and repaired as required by particular contract authorization; i. Nondiscrimination policies of the Contractor with relation to both employment and service to the public; j. Compliance with the Contractor Safety Control Program; k. Compliance with U.S. Public Health Service standards and requirements and state and local health codes that may be applicable; l. Compliance with practices which foster a safe environment for the public; m. Compliance with the various administrative and financial requirements of the Contract, including tickets, reservations, and any applicable construction program; n. Interpretive information provided by the Contractor; o. Working relationship with the Refuge and GTA winter naturalists and interagency Visitor Center staff; p. Compliance with care and humane treatment of horses and safe, reliable public horse operations.
Periodic written evaluations will be prepared by the Refuge, following established procedures. From these evaluations, a rating will be established. Failure to operate in a manner satisfactory under the requirements of a review program may be cause for termination of a contract authorization.
III. Financial Programs and Practices
1. Contractor Operating Costs
The costs of operation should be covered by the Contractor as agreed in the Contract. Contractors should not expect the GTA or Refuge will reduce fees or otherwise underwrite costs and unexpected events. The Refuge and GTA is not responsible for losses and expenses incurred by the Contractor due to conditions beyond the Refuge’s control. Closure of the Refuge or Contractor facilities for longer than one day because of federal directives, a natural disaster or phenomenon, or because of risk to public health and safety are examples of such a situation. The health and safety of the visiting public, employees, and wildlife must be considered at all times. In the event there is a safety issue at the Refuge or Contractor’s work site, facilities, tours, programs, etc., may be discontinued until the safety issue is resolved.
2. Real Property
No real property improvements will be made by the Contractor unless approved by the Refuge. The Government may assign real or personal property to the Contractor. These items must be kept in good working order. The Refuge retains the right to conduct audits, inspections, safety checks, etc. of equipment and real property assigned to the Contractor. The Contractor
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is responsible for reporting vandalism and illegal activities involving the equipment or real property.
3. Fair Return for the Contractor
It is the intention of the Refuge, in consultation with the GTA, to provide each Contractor applicant a reasonable opportunity to realize a profit of its operation as a whole, commensurate with the capital invested and obligations assumed. The opportunity for profit in any given year is not a guarantee. It is the responsibility of the Contractor to assure itself that the terms of its offer provide a reasonable opportunity for profit.
If during the five (5) year term of the Contract, the Contractor proposes an increase in the ticket prices or rates, or proposes a decrease in the percentage of gross receipts paid as a franchise fee, an outside evaluator, at the Contractor’s expense, may be used to assess the financial and business reasons why the proposed change is necessary, then make a recommendation to the Refuge.
Contractors or parties holding an ownership in a Contract may not sell, assign, or transfer their interests or part of their interest, to another party without prior approval from the Refuge Manager.
4. Refuge Management Structure
The Refuge is managed by a Refuge Manager. Supervision of sleigh ride contracts and interpretive activities is conducted, in partnership with the GTA, by the Refuge Manager through an Outdoor Recreation Planner or other designee. The sleigh ride Contract will be awarded by the GTA through the Partnership Agreement with the Refuge. The sleigh ride Contractor authorized to conduct business on the Refuge will consult with the Outdoor Recreation Planner or designee regarding daily operations, and with the Outdoor Recreation Planner and GTA Executive Director regarding legal matters pertaining to the Contract. Although the sleigh ride Contract is held by the GTA, the Refuge has the right to recommend and approve the sleigh ride Contractor and has jurisdiction over all lands and activities on the Refuge.
Contractors working in areas of the National Wildlife Refuge System join with the Service in carrying out a part of the Service’s mission. While the role of a Contractor must include well defined business-oriented goals and management, the relationship cannot be successful if the Contractor does not also adopt the goals of the Refuge as its own and make the achievement of Refuge objectives for visitor services and other matters part of the Contractor’s objectives. Refuge visitors have contact with and receive information from Contractor employees as well as Refuge staff. These contacts can have a meaningful effect on the quality of the visitor experience. The Contractor and Contractor’s employees must strive to deliver key messages and themes identified during interpretive training.
IV. Award of Contract
The award will be made on the basis of demonstrated ability and financial means to conduct a contract operation acceptable to the Refuge and GTA while at the same time providing a high standard of service and interpretive programming compatible with Refuge goals. The Refuge may reject any or all proposals received.
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Selection criteria will include but is not limited to: proposed rates; hours of operation; numbers of sleighs/wagons; number of shuttle vehicles; ability to accommodate visitors with disabilities; experience; educational training and experience; proven ability to interpret resources and provide quality interpretive programming; insurance/risk history; and financial statement/ability to perform.
Contracts may be canceled for reasons including but not limited to: the Contractor failing to perform/provide the operations detailed in the proposal; the Contractor failing to take corrective action as noted in a review program; and the Contractor failing to pay fees in a timely manner. Contracts may also be canceled for the convenience of the Government if new laws or authorities require the cancellation, the level of visitation did not provide a sustainable venture, or natural conditions or those resulting from management activities, new legislation, or new regulations mandate the cancellation of the contract.
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Existing Business Operation and Brief Description
Double H Bar, Inc., under the management of Jeff and Chris Warburton, has been authorized through April, 2017, for National Elk Refuge (Refuge) interpretive sleigh rides under an agreement with the Grand Teton Association (GTA). The GTA functions as a 501(c)(3) cooperative partner for the National Elk Refuge. The Contractor provides sleigh or wagon rides (depending on terrain and snow conditions) to the public from approximately mid-December through early April of each winter season, serving approximately 30,000 visitors per season.
The sleigh ride visitor boarding area is located approximately two miles from the north end of the Town of Jackson on the Refuge along Highway 26/89/191. Visitors walk or drive to the Jackson Hole & Greater Yellowstone Visitor Center (the Visitor Center) located at 532 N. Cache Street in Jackson, Wyoming. Visitors purchase tickets for the rides at the ticket sales counter operated by the Contractor’s staff in the Visitor Center. Sleigh ride passengers are directed by the Contractor’s staff to wait in the Visitor Center for their sleigh ride to be announced over a public address system. Visitors are shuttled from the Visitor Center to the sleigh boarding area on the Refuge, which must be entered through an electronically-activated gate.
Passengers board the horse-drawn sleighs or wagons and take a ride near the elk herds that are wintering within an approximate one square mile area. The rides generally take from forty-five (45) minutes to one hour and fifteen minutes (1 hour and 15 minutes), depending on the location of the nearest elk herd. A minimal total ride time established for the rides is forty-five (45) minutes.
Early in the winter season and in the spring, depending on dates of supplemental feeding, elk numbers vary greatly depending on their foraging patterns. There may be some days rides cannot or do not operate because no elk are in the touring area. After the Refuge begins its current supplemental feeding program, generally by late January, there is a greater probability that a herd of approximately 500 elk or more will be within the sleigh ride touring area.
The Refuge does not supplementally feed to encourage the elk to stay in the touring area, and no activities are undertaken by the Refuge or the sleigh ride Contractor to ensure elk stay in the area. In the event of a warm winter with very little snow cover on the ground, there may be only a small number of elk to view in this area. The 2007 Bison and Elk Management Plan and associated Step Down plan may affect the supplemental feeding program and result in a changed distribution of elk on the Refuge.
The current rate structure for sleigh rides is as follows: Adults (13 years of age or older) $21.00 Children ages 5-12 $15.00 Children 4 and under free
Passengers are taken on the sleighs on a first-come basis. Reservations for rides are available but are not required. Reservations are requested for private tours and groups of 20 or more. Rides depart whenever there is a sleigh/wagon load of visitors waiting (approximately 15 people) or with an average wait time for visitors of 20 minutes. School groups, tours, and other groups
Appendix A – page 1 of 2 appendix a are encouraged to notify the sleigh ride Contractor for reservations so additional sleighs can be provided if necessary.
On some occasions, reporters, writers, photographers, and film crews may request to take a private sleigh ride. These are arranged through coordination between the Outdoor Recreation Planner and the Contractor, who together determine if a fee should be assessed for the ride. Sleighs are rented on an hourly basis with the rate established by the Contractor and approved by the Refuge and GTA.
Visitors are encouraged to spend time in the Visitor Center exhibit areas of the Jackson Hole & Greater Yellowstone Visitor Center, including activities such as viewing displays, watching a video presentation, attending a short interpretive talk, or browsing in the GTA retail outlet. Interpretive and commemorative items such as books, posters, tee shirts, etc. are sold in the Visitor Center through an agreement with the GTA. The Contractor does not have a venue for merchandising at the Visitor Center or sleigh boarding area.
Parking is available at the Visitor Center. Public bus service is available to the Home Ranch parking area in Jackson, one block north of the Town Square and within reasonable walking distance to the Visitor Center.
The Contractor submits a franchise fee check based on revenue every two weeks during the sleigh ride season under their ticket sales arrangement.
Appendix A – page 2 of 2 Appendix B The U.S. Fish and Wildlife Service and Its Mission
The mission of the U.S. Fish and Wildlife Service (the Service) is to provide leadership to conserve, protect and enhance fish and wildlife and their habitats for the continuing benefit of the American people. The Service is concerned with the welfare of all fish and wildlife and the preservation of their habitats, with principle responsibility and authority for migratory birds, threatened and endangered species, certain marine mammals, international resources, and wildlife on lands under Service control.
In support of the Service mission, the purpose of the National Wildlife Refuge System is to preserve a national network of lands and waters for the conservation and management of fish, wildlife, and plant resources of the United States for the benefit of present and future generations. The Refuge System provides important opportunities for compatible wildlife dependent recreational activities involving hunting, fishing, wildlife observation, photography, and environmental education and interpretation.
The Service is a bureau of the Department of the Interior. The Department of the Interior, through its various bureaus, has responsibility for much of our nationally-owned public lands and natural and cultural resources. This includes fostering wise use of our land and water resources, protecting our fish and wildlife, preserving the environmental and cultural values of our national parks and historical places, and providing for enjoyment through outdoor recreation. The Department also encourages stewardship and citizen responsibility for the public lands and promotes citizen participation in their care.
The Service is managed by a Director who makes policies under the direction of the Secretary of the Interior and through the Assistant Secretary of Fish, Wildlife and Parks. The National Elk Refuge is among more than 560 national wildlife refuges in the United States and Territories. The Mountain/Prairie Region (Region 6) of the National Wildlife Refuge System, comprised of Montana, North and South Dakota, Wyoming, Colorado, Utah, Kansas and Nebraska, is managed by the Service through the Regional Director, Mountain/Prairie Region, and his/her staff.
The Grand Teton Association Board of Directors is the managing body of the sleigh ride Contract, with the Executive Director authorized to sign the Contract described under this Prospectus. The Contract will be jointly administered with the Refuge.
Appendix B Appendix C The Grand Teton Association and Its Mission
Mission Statement
The mission of the Grand Teton Association (GTA) is to support the interpretive, scientific, and educational activities of its federal agency partners.
Administrative Structure
The GTA is a tax-exempt, 501(c)(3) non-profit education organization directed by a local Board of Directors. A Tax Identification Number is on file.
The Partnership Agreeement between GTA and Refuge captures specific aspects of coordination.
Contact Information
Executive Director: Jan Lynch Address: PO Box 170, Moose, Wyoming 83012 Phone: (307) 739-3406 Fax: (307) 739-3423 Founded: 1937 Location: Moose, Wyoming
Appendix C Appendix D The National Elk Refuge and Its Mission
The National Elk Refuge (the Refuge) was established by an Act of Congress in 1912. The Refuge’s mission is to provide, restore, and manage winter habitat for the nationally-significant Jackson elk herd and habitat for endangered species, birds and other big game animals, and provide human benefits associated with its wildlife and wildlands. The Refuge is authorized and encouraged to provide compatible public use, including education and interpretation.
The National Elk Refuge consists of 24,700 acres of intermountain valley and is located just north of the Town of Jackson in northwest Wyoming. It is six miles wide at its widest point and ten miles long from the southwest to the northeast. The elevation varies from 6,200 feet to 7,200 feet. The Tetons, visible to the west, rise to 13,776 feet at the summit of the Grand Teton. There are two major streams flowing through the Refuge. The Gros Ventre River forms much of the northern boundary and Flat Creek, flowing east to west, nearly bisects the Refuge. As Flat Creek approaches the western boundary, it turns south and leaves the Refuge in the southwest corner.
The climate is typical of high valleys in the northern Rocky Mountains. Summers are cool and winters are long. Snowfall patterns range from 6-18 inches on the southern half of the Refuge to up to 4 feet on the north end. Temperature extremes vary from a summer high of 92-94 degrees Fahrenheit to winter lows of 35-40 degrees below zero.
Much of the Refuge consists of grassy meadows and marshes on the valley floor with sedges, bluegrass, and brome grass as important components of the communities. The flood plain forest along the Gros Ventre River contains blue spruce, narrowleaf cottonwood, red osier dogwood, and willow as major species. There are extensive areas of big sagebrush and rock outcroppings. The forested area of lodgepole pine, Douglas fir, and aspen are mostly on the northern slopes of the Gros Ventre hills.
While elk are the primary reason for the Refuge’s establishment, many other highly visible and important species exist on and use Refuge lands. Forty-eight mammal species have been identified including moose, mule deer, bighorn sheep, pronghorn, bison, wolves, and coyotes. Nearly 175 species of birds have been observed on the Refuge including ravens, black-billed magpies, bald eagles, golden eagles, hawks, sandhill cranes, trumpeter swans, sage grouse, and osprey.
Approximately 30,000 annual winter visitors take the Refuge interpretive sleigh ride to observe the elk and other wintering wildlife. This is a major visitor highlight since the Refuge is only open to the general public on public roads through and near the Refuge. It allows increased opportunities for the Refuge to offer compatible activities of wildlife viewing, photography, environmental education, and interpretation.
Appendix D Appendix E Freedom of Information Act
The Freedom of Information Act (FOIA) allows the public to gain access to Federal agency records except to the extent that such records, or portions of them, are protected from disclosure by one of nine exemptions. Exemption 3 of the FOIA incorporates the disclosure prohibitions that are contained in various other Federal statutes. The “National Defense Authorization Act for Fiscal Year 1997” exempts contract proposals from public disclosure. Exemption 3 therefore allows for proposals to be protected from disclosure. Exemption 4 of the FOIA protects “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” If a contract contains information that could be harmful to a company if disclosed, that information can potentially be withheld. In order to protect information from disclosure, you must mark the cover page of each copy of the proposal with the following:
Exemption 3 of the Freedom of Information Act (FOIA ) (5 U.S.C. 552(b)(3)) permits the withholding of information prohibited from disclosure by another statute. Pursuant to the “National Defense Authorization Act for Fiscal Year 1997,” (Section 821 of P.L. 104-201), contract proposals may be exempted from such public disclosure in accordance with the FOIA.
Appendix E