e-CFR data is current as of October 21, 2020
TITLE 36—Parks, Forests, and Public Property
CHAPTER I—NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 51—CONCESSION CONTRACTS
Subpart A—AUTHORITY AND PURPOSE
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| What does this part cover? |
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| What is the policy underlying concessions contracts? |
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Subpart B—GENERAL DEFINITIONS
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| How are terms defined in this part? |
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Subpart C—SOLICITATION, SELECTION AND AWARD PROCEDURES
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| How will the Director invite the general public to apply for the award of a concession contract? |
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| What information will the prospectus include? |
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| Will a concession contract be developed for a particular potential offeror? |
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| How will information be provided to a potential offeror after the prospectus is issued? |
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| Where will the Director publish the notice of availability of the prospectus? |
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| How do I get a copy of the prospectus? |
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| How long will I have to submit my proposal? |
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| May the Director amend, extend, or cancel a prospectus of solicitation? |
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| Are there any other additional procedures that I must follow to apply for a concession contract? |
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| When will the Director determine if proposals are responsive? |
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| What happens if no responsive proposals are submitted? |
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| May I clarify, amend or supplement my proposal after it is submitted? |
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| How will the Director evaluate proposals and select the best one? |
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| What are the selection factors? |
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| When must the Director reject a proposal? |
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| Must the Director award the concession contract that is set forth in the prospectus? |
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| Does this part limit the authority of the Director? |
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| When must the selected offeror execute the concession contract? |
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| When may the Director award the concession contract? |
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Subpart D—NON-COMPETITIVE AWARD OF CONCESSION CONTRACTS
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| May the Director extend an existing concession contract without a public solicitation? |
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| May the Director award a temporary concession contract without a public solicitation? |
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| Are there any other circumstances in which the Director may award a concession contract without public solicitation? |
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Subpart E—RIGHT OF PREFERENCE TO A NEW CONCESSION CONTRACT
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| What solicitation, selection and award procedures apply when a preferred offeror exists? |
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| Who is a preferred offeror and what are a preferred offeror's rights to the award of a new concession contract? |
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| When will the Director determine whether a concessioner is a preferred offeror? |
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| How will I know when a preferred offeror exists? |
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| What must a preferred offeror do before it may exercise a right of preference? |
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| What happens if a preferred offeror does not submit a responsive proposal? |
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| What is the process if the Director determines that the best responsive proposal was not submitted by a preferred offeror? |
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| What if a preferred offeror does not timely amend its proposal to meet the terms and conditions of the best proposal? |
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| What will the Director do if a selected preferred offeror does not timely execute the new concession contract? |
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| What happens to a right of preference if the Director receives no responsive proposals? |
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Subpart F—DETERMINING A PREFERRED OFFEROR
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| What conditions must be met before the Director determines that a concessioner is a preferred offeror? |
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| How will the Director determine that a new concession contract is a qualified concession contract? |
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| How will the Director determine that a concession contract is an outfitter and guide concession contract? |
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| What are some examples of outfitter and guide concession contracts? |
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| What are some factors to be considered in determining that outfitter and guide operations are conducted in the backcountry? |
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| If the concession contract grants a compensable interest in real property improvements, will the Director find that the concession contract is an outfitter and guide concession contract? |
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| Are there exceptions to this compensable interest prohibition? |
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| Who will make the determination that a concession contract is an outfitter and guide contract? |
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| How will the Director determine if a concessioner was satisfactory for purposes of a right of preference? |
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| Will a concessioner that has operated for less than the entire term of a concession contract be considered a satisfactory operator? |
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| May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued? |
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| How does a person appeal a decision of the Director that a concessioner is or is not a preferred offeror? |
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| What happens to a right of preference in the event of termination of a concession contract for unsatisfactory performance or other breach? |
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| May the Director grant a right of preference except in accordance with this part? |
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| Does the existence of a preferred offeror limit the authority of the Director to establish the terms of a concession contract? |
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Subpart G—LEASEHOLD SURRENDER INTEREST
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| What special terms must I know to understand leasehold surrender interest? |
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| How do I obtain a leasehold surrender interest? |
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| When may the Director authorize the construction of a capital improvement? |
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| What must a concessioner do before beginning to construct a capital improvement? |
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| What must a concessioner do after substantial completion of the capital improvement? |
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| How will the construction cost for purposes of leasehold surrender interest value be determined? |
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| How does a concessioner request arbitration of the construction cost of a capital improvement? |
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| What actions may or must the concessioner take with respect to a leasehold surrender interest? |
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| Will a leasehold surrender interest be extinguished by expiration or termination of a leasehold surrender interest concession contract or may it be taken for public use? |
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| How will a new concession contract awarded to an existing concessioner treat a leasehold surrender interest obtained under a prior concession contract? |
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| How is an existing concessioner who is not awarded a new concession contract paid for a leasehold surrender interest? |
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| What is the process to determine the leasehold surrender interest value when the concessioner does not seek or is not awarded a new concession contract? |
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| When a new concessioner pays a prior concessioner for a leasehold surrender interest, what is the leasehold surrender interest in the related capital improvements for purposes of a new concession contract? |
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| May the concessioner gain additional leasehold surrender interest by undertaking a major rehabilitation or adding to a structure in which the concessioner has a leasehold surrender interest? |
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| May the concessioner gain additional leasehold surrender interest by replacing a fixture in which the concessioner has a leasehold surrender interest? |
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| Under what conditions will a concessioner obtain a leasehold surrender interest in existing real property improvements in which no leasehold surrender interest exists? |
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| Will a concessioner obtain leasehold surrender interest as a result of repair and maintenance of real property improvements? |
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Subpart H—POSSESSORY INTEREST
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| If a concessioner under a 1965 Act concession contract is not awarded a new concession contract, how will a concessioner that has a possessory interest receive compensation for its possessory interest? |
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| What happens if there is a dispute between the new concessioner and a prior concessioner as to the value of the prior concessioner's possessory interest? |
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| If a concessioner under a 1965 Act concession contract is awarded a new concession contract, what happens to the concessioner's possessory interest? |
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| What is the process to be followed if there is a dispute between the prior concessioner and the Director as to the value of possessory interest? |
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| If a new concessioner is awarded the contract, what is the relationship between leasehold surrender interest and possessory interest? |
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Subpart I—CONCESSION CONTRACT PROVISIONS
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| What is the term of a concession contract? |
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| When may a concession contract be terminated by the Director? |
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| May the Director segment or split concession contracts? |
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| May the Director include in a concession contract or otherwise grant a concessioner a preferential right to provide new or additional visitor services? |
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| Will a concession contract provide a concessioner an exclusive right to provide visitor services? |
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| Will a concession contract require a franchise fee and will the franchise fee be subject to adjustment? |
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| May the Director waive payment of a franchise fee or other payments? |
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| How will the Director establish franchise fees for multiple outfitter and guide concession contracts in the same park area? |
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| May the Director include “special account” provisions in concession contracts? |
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| Are a concessioner's rates required to be reasonable and subject to approval by the Director? |
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| Sale of Native Handicrafts. |
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Subpart J—ASSIGNMENT OR ENCUMBRANCE OF CONCESSION CONTRACTS
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| What special terms must I know to understand this part? |
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| What assignments require the approval of the Director? |
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| What encumbrances require the approval of the Director? |
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| Does the concessioner have an unconditional right to receive the Director's approval of an assignment or encumbrance? |
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| What happens if an assignment or encumbrance is completed without the approval of the Director? |
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| What happens if there is a default on an encumbrance approved by the Director? |
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| How does the concessioner get the Director's approval before making an assignment or encumbrance? |
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| What information may the Director require in the application? |
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| What are standard proformas? |
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| If the transaction includes more that one concession contract, how must required information be provided? |
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| What information will the Director consider when deciding to approve a transaction? |
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| Does the Director's approval of an assignment or encumbrance include any representations of any nature? |
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| May the Director amend or extend a concession contract for the purpose of facilitating a transaction? |
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| May the Director open to renegotiation or modify the terms of a concession contract as a condition to the approval of a transaction? |
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Subpart K—INFORMATION AND ACCESS TO INFORMATION
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| What records must the concessioner keep and what access does the Director have to records? |
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| What access to concessioner records will the Comptroller General have? |
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| When will the Director make proposals and evaluation documents publicly available? |
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Subpart L—THE EFFECT OF THE 1998 ACT'S REPEAL OF THE 1965 ACT
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| Did the 1998 Act repeal the 1965 Act? |
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| What is the effect of the 1998 Act's repeal of the 1965 Act's preference in renewal? |
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Subpart M—INFORMATION COLLECTION
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| Has OMB approved the collection of information? |
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