Title 36

PART 51

Part 51 - Concession Contracts

PART 51 - CONCESSION CONTRACTS Authority:16 U.S.C. 1 et seq., particularly, 16 U.S.C. 3 and Title IV of the National Parks Omnibus Management Act of 1998 (Pub. L. 105-391). Source:65 FR 20668, Apr. 17, 2000, unless otherwise noted.

36:1.0.1.1.24.1SUBPART A
Subpart A - Authority and Purpose
36:1.0.1.1.24.1.81.1SECTION 51.1
   51.1 What does this part cover
36:1.0.1.1.24.1.81.2SECTION 51.2
   51.2 What is the policy underlying concessions contracts
36:1.0.1.1.24.2SUBPART B
Subpart B - General Definitions
36:1.0.1.1.24.2.81.1SECTION 51.3
   51.3 How are terms defined in this part
36:1.0.1.1.24.3SUBPART C
Subpart C - Solicitation, Selection and Award Procedures
36:1.0.1.1.24.3.81.1SECTION 51.4
   51.4 How will the Director invite the general public to apply for the award of a concession contract
36:1.0.1.1.24.3.81.2SECTION 51.5
   51.5 What information will the prospectus include
36:1.0.1.1.24.3.81.3SECTION 51.6
   51.6 Will a concession contract be developed for a particular potential offeror
36:1.0.1.1.24.3.81.4SECTION 51.7
   51.7 How will information be provided to a potential offeror after the prospectus is issued
36:1.0.1.1.24.3.81.5SECTION 51.8
   51.8 Where will the Director publish the notice of availability of the prospectus
36:1.0.1.1.24.3.81.6SECTION 51.9
   51.9 How do I get a copy of the prospectus
36:1.0.1.1.24.3.81.7SECTION 51.10
   51.10 How long will I have to submit my proposal
36:1.0.1.1.24.3.81.8SECTION 51.11
   51.11 May the Director amend, extend, or cancel a prospectus of solicitation
36:1.0.1.1.24.3.81.9SECTION 51.12
   51.12 Are there any other additional procedures that I must follow to apply for a concession contract
36:1.0.1.1.24.3.81.10SECTION 51.13
   51.13 When will the Director determine if proposals are responsive
36:1.0.1.1.24.3.81.11SECTION 51.14
   51.14 What happens if no responsive proposals are submitted
36:1.0.1.1.24.3.81.12SECTION 51.15
   51.15 May I clarify, amend or supplement my proposal after it is submitted
36:1.0.1.1.24.3.81.13SECTION 51.16
   51.16 How will the Director evaluate proposals and select the best one
36:1.0.1.1.24.3.81.14SECTION 51.17
   51.17 What are the selection factors
36:1.0.1.1.24.3.81.15SECTION 51.18
   51.18 When must the Director reject a proposal
36:1.0.1.1.24.3.81.16SECTION 51.19
   51.19 Must the Director award the concession contract that is set forth in the prospectus
36:1.0.1.1.24.3.81.17SECTION 51.20
   51.20 Does this part limit the authority of the Director
36:1.0.1.1.24.3.81.18SECTION 51.21
   51.21 When must the selected offeror execute the concession contract
36:1.0.1.1.24.3.81.19SECTION 51.22
   51.22 When may the Director award the concession contract
36:1.0.1.1.24.4SUBPART D
Subpart D - Non-Competitive Award of Concession Contracts
36:1.0.1.1.24.4.81.1SECTION 51.23
   51.23 May the Director extend an existing concession contract without a public solicitation
36:1.0.1.1.24.4.81.2SECTION 51.24
   51.24 May the Director award a temporary concession contract without a public solicitation
36:1.0.1.1.24.4.81.3SECTION 51.25
   51.25 Are there any other circumstances in which the Director may award a concession contract without public solicitation
36:1.0.1.1.24.5SUBPART E
Subpart E - Right of Preference to a New Concession Contract
36:1.0.1.1.24.5.81.1SECTION 51.26
   51.26 What solicitation, selection and award procedures apply when a preferred offeror exists
36:1.0.1.1.24.5.81.2SECTION 51.27
   51.27 Who is a preferred offeror and what are a preferred offeror's rights to the award of a new concession contract
36:1.0.1.1.24.5.81.3SECTION 51.28
   51.28 When will the Director determine whether a concessioner is a preferred offeror
36:1.0.1.1.24.5.81.4SECTION 51.29
   51.29 How will I know when a preferred offeror exists
36:1.0.1.1.24.5.81.5SECTION 51.30
   51.30 What must a preferred offeror do before it may exercise a right of preference
36:1.0.1.1.24.5.81.6SECTION 51.31
   51.31 What happens if a preferred offeror does not submit a responsive proposal
36:1.0.1.1.24.5.81.7SECTION 51.32
   51.32 What is the process if the Director determines that the best responsive proposal was not submitted by a preferred offeror
36:1.0.1.1.24.5.81.8SECTION 51.33
   51.33 What if a preferred offeror does not timely amend its proposal to meet the terms and conditions of the best proposal
36:1.0.1.1.24.5.81.9SECTION 51.34
   51.34 What will the Director do if a selected preferred offeror does not timely execute the new concession contract
36:1.0.1.1.24.5.81.10SECTION 51.35
   51.35 What happens to a right of preference if the Director receives no responsive proposals
36:1.0.1.1.24.6SUBPART F
Subpart F - Determining a Preferred Offeror
36:1.0.1.1.24.6.81.1SECTION 51.36
   51.36 What conditions must be met before the Director determines that a concessioner is a preferred offeror
36:1.0.1.1.24.6.81.2SECTION 51.37
   51.37 How will the Director determine that a new concession contract is a qualified concession contract
36:1.0.1.1.24.6.81.3SECTION 51.38
   51.38 How will the Director determine that a concession contract is an outfitter and guide concession contract
36:1.0.1.1.24.6.81.4SECTION 51.39
   51.39 What are some examples of outfitter and guide concession contracts
36:1.0.1.1.24.6.81.5SECTION 51.40
   51.40 What are some factors to be considered in determining that outfitter and guide operations are conducted in the backcountry
36:1.0.1.1.24.6.81.6SECTION 51.41
   51.41 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
36:1.0.1.1.24.6.81.7SECTION 51.42
   51.42 Are there exceptions to this compensable interest prohibition
36:1.0.1.1.24.6.81.8SECTION 51.43
   51.43 Who will make the determination that a concession contract is an outfitter and guide contract
36:1.0.1.1.24.6.81.9SECTION 51.44
   51.44 How will the Director determine if a concessioner was satisfactory for purposes of a right of preference
36:1.0.1.1.24.6.81.10SECTION 51.45
   51.45 Will a concessioner that has operated for less than the entire term of a concession contract be considered a satisfactory operator
36:1.0.1.1.24.6.81.11SECTION 51.46
   51.46 May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued
36:1.0.1.1.24.6.81.12SECTION 51.47
   51.47 How does a person appeal a decision of the Director that a concessioner is or is not a preferred offeror
36:1.0.1.1.24.6.81.13SECTION 51.48
   51.48 What happens to a right of preference in the event of termination of a concession contract for unsatisfactory performance or other breach
36:1.0.1.1.24.6.81.14SECTION 51.49
   51.49 May the Director grant a right of preference except in accordance with this part
36:1.0.1.1.24.6.81.15SECTION 51.50
   51.50 Does the existence of a preferred offeror limit the authority of the Director to establish the terms of a concession contract
36:1.0.1.1.24.7SUBPART G
Subpart G - Leasehold Surrender Interest
36:1.0.1.1.24.7.81.1SECTION 51.51
   51.51 What special terms must I know to understand leasehold surrender interest
36:1.0.1.1.24.7.81.2SECTION 51.52
   51.52 How do I obtain a leasehold surrender interest
36:1.0.1.1.24.7.81.3SECTION 51.53
   51.53 When may the Director authorize the construction of a capital improvement
36:1.0.1.1.24.7.81.4SECTION 51.54
   51.54 What must a concessioner do before beginning to construct a capital improvement
36:1.0.1.1.24.7.81.5SECTION 51.55
   51.55 What must a concessioner do after substantial completion of the capital improvement
36:1.0.1.1.24.7.81.6SECTION 51.56
   51.56 How will the construction cost for purposes of leasehold surrender interest value be determined
36:1.0.1.1.24.7.81.7SECTION 51.57
   51.57 How does a concessioner request arbitration of the construction cost of a capital improvement
36:1.0.1.1.24.7.81.8SECTION 51.58
   51.58 What actions may or must the concessioner take with respect to a leasehold surrender interest
36:1.0.1.1.24.7.81.9SECTION 51.59
   51.59 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
36:1.0.1.1.24.7.81.10SECTION 51.60
   51.60 How will a new concession contract awarded to an existing concessioner treat a leasehold surrender interest obtained under a prior concession contract
36:1.0.1.1.24.7.81.11SECTION 51.61
   51.61 How is an existing concessioner who is not awarded a new concession contract paid for a leasehold surrender interest
36:1.0.1.1.24.7.81.12SECTION 51.62
   51.62 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
36:1.0.1.1.24.7.81.13SECTION 51.63
   51.63 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
36:1.0.1.1.24.7.81.14SECTION 51.64
   51.64 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
36:1.0.1.1.24.7.81.15SECTION 51.65
   51.65 May the concessioner gain additional leasehold surrender interest by replacing a fixture in which the concessioner has a leasehold surrender interest
36:1.0.1.1.24.7.81.16SECTION 51.66
   51.66 Under what conditions will a concessioner obtain a leasehold surrender interest in existing real property improvements in which no leasehold surrender interest exists
36:1.0.1.1.24.7.81.17SECTION 51.67
   51.67 Will a concessioner obtain leasehold surrender interest as a result of repair and maintenance of real property improvements
36:1.0.1.1.24.8SUBPART H
Subpart H - Possessory Interest
36:1.0.1.1.24.8.81.1SECTION 51.68
   51.68 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
36:1.0.1.1.24.8.81.2SECTION 51.69
   51.69 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
36:1.0.1.1.24.8.81.3SECTION 51.70
   51.70 If a concessioner under a 1965 Act concession contract is awarded a new concession contract, what happens to the concessioner's possessory interest
36:1.0.1.1.24.8.81.4SECTION 51.71
   51.71 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
36:1.0.1.1.24.8.81.5SECTION 51.72
   51.72 If a new concessioner is awarded the contract, what is the relationship between leasehold surrender interest and possessory interest
36:1.0.1.1.24.9SUBPART I
Subpart I - Concession Contract Provisions
36:1.0.1.1.24.9.81.1SECTION 51.73
   51.73 What is the term of a concession contract
36:1.0.1.1.24.9.81.2SECTION 51.74
   51.74 When may a concession contract be terminated by the Director
36:1.0.1.1.24.9.81.3SECTION 51.75
   51.75 May the Director segment or split concession contracts
36:1.0.1.1.24.9.81.4SECTION 51.76
   51.76 May the Director include in a concession contract or otherwise grant a concessioner a preferential right to provide new or additional visitor services
36:1.0.1.1.24.9.81.5SECTION 51.77
   51.77 Will a concession contract provide a concessioner an exclusive right to provide visitor services
36:1.0.1.1.24.9.81.6SECTION 51.78
   51.78 Will a concession contract require a franchise fee and will the franchise fee be subject to adjustment
36:1.0.1.1.24.9.81.7SECTION 51.79
   51.79 May the Director waive payment of a franchise fee or other payments
36:1.0.1.1.24.9.81.8SECTION 51.80
   51.80 How will the Director establish franchise fees for multiple outfitter and guide concession contracts in the same park area
36:1.0.1.1.24.9.81.9SECTION 51.81
   51.81 May the Director include “special account” provisions in concession contracts
36:1.0.1.1.24.9.81.10SECTION 51.82
   51.82 Are a concessioner's rates required to be reasonable and subject to approval by the Director
36:1.0.1.1.24.9.81.11SECTION 51.83
   51.83 Sale of Native Handicrafts.
36:1.0.1.1.24.10SUBPART J
Subpart J - Assignment or Encumbrance of Concession Contracts
36:1.0.1.1.24.10.81.1SECTION 51.84
   51.84 What special terms must I know to understand this part
36:1.0.1.1.24.10.81.2SECTION 51.85
   51.85 What assignments require the approval of the Director
36:1.0.1.1.24.10.81.3SECTION 51.86
   51.86 What encumbrances require the approval of the Director
36:1.0.1.1.24.10.81.4SECTION 51.87
   51.87 Does the concessioner have an unconditional right to receive the Director's approval of an assignment or encumbrance
36:1.0.1.1.24.10.81.5SECTION 51.88
   51.88 What happens if an assignment or encumbrance is completed without the approval of the Director
36:1.0.1.1.24.10.81.6SECTION 51.89
   51.89 What happens if there is a default on an encumbrance approved by the Director
36:1.0.1.1.24.10.81.7SECTION 51.90
   51.90 How does the concessioner get the Director's approval before making an assignment or encumbrance
36:1.0.1.1.24.10.81.8SECTION 51.91
   51.91 What information may the Director require in the application
36:1.0.1.1.24.10.81.9SECTION 51.92
   51.92 What are standard proformas
36:1.0.1.1.24.10.81.10SECTION 51.93
   51.93 If the transaction includes more that one concession contract, how must required information be provided
36:1.0.1.1.24.10.81.11SECTION 51.94
   51.94 What information will the Director consider when deciding to approve a transaction
36:1.0.1.1.24.10.81.12SECTION 51.95
   51.95 Does the Director's approval of an assignment or encumbrance include any representations of any nature
36:1.0.1.1.24.10.81.13SECTION 51.96
   51.96 May the Director amend or extend a concession contract for the purpose of facilitating a transaction
36:1.0.1.1.24.10.81.14SECTION 51.97
   51.97 May the Director open to renegotiation or modify the terms of a concession contract as a condition to the approval of a transaction
36:1.0.1.1.24.11SUBPART K
Subpart K - Information and Access to Information
36:1.0.1.1.24.11.81.1SECTION 51.98
   51.98 What records must the concessioner keep and what access does the Director have to records
36:1.0.1.1.24.11.81.2SECTION 51.99
   51.99 What access to concessioner records will the Comptroller General have
36:1.0.1.1.24.11.81.3SECTION 51.100
   51.100 When will the Director make proposals and evaluation documents publicly available
36:1.0.1.1.24.12SUBPART L
Subpart L - The Effect of the 1998 Act's Repeal of the 1965 Act
36:1.0.1.1.24.12.81.1SECTION 51.101
   51.101 Did the 1998 Act repeal the 1965 Act
36:1.0.1.1.24.12.81.2SECTION 51.102
   51.102 What is the effect of the 1998 Act's repeal of the 1965 Act's preference in renewal
36:1.0.1.1.24.12.81.3SECTION 51.103
   51.103 Severability.
36:1.0.1.1.24.13SUBPART M
Subpart M - Information Collection
36:1.0.1.1.24.13.81.1SECTION 51.104
   51.104 Has OMB approved the collection of information