36 CFR Part 51
PART 51—CONCESSION CONTRACTS
- PART 51—CONCESSION CONTRACTS
- Chapter I—National Park Service, Department of the Interior
- Subpart A—Authority and Purpose
- § 51.1 What does this part cover?
- § 51.2 What is the policy underlying concessions contracts?
- Subpart B—General Definitions
- § 51.3 How are terms defined in this part?
- Subpart C—Solicitation, Selection and Award Procedures
- § 51.4 How will the Director invite the general public to apply for the award of a concession contract and how will the Director determine when to issue a prospectus for a new concession opportunity where no prior concession services had been provided?
- § 51.5 What information will the prospectus include?
- § 51.6 Will a concession contract be developed for a particular potential offeror?
- § 51.7 How will information be provided to a potential offeror after the prospectus is issued?
- § 51.8 Where will the Director publish the notice of availability of the prospectus?
- § 51.9 How do I get a copy of the prospectus?
- § 51.10 How long will I have to submit my proposal?
- § 51.11 May the Director amend, extend, or cancel a prospectus of solicitation?
- § 51.12 Are there any other additional procedures that I must follow to apply for a concession contract?
- § 51.13 When will the Director determine if proposals are responsive?
- § 51.14 What happens if no responsive proposals are submitted?
- § 51.15 May I clarify, amend or supplement my proposal after it is submitted?
- § 51.16 How will the Director evaluate proposals and select the best one?
- § 51.17 What are the selection factors?
- § 51.18 When must the Director reject a proposal?
- § 51.19 Must the Director award the concession contract that is set forth in the prospectus?
- § 51.20 Does this part limit the authority of the Director?
- § 51.21 When must the selected offeror execute the concession contract?
- § 51.22 When may the Director award the concession contract?
- Subpart D—Non-Competitive Award of Concession Contracts
- § 51.23 May the Director extend an existing concession contract without a public solicitation?
- § 51.24 May the Director award a temporary concession contract without a public solicitation?
- § 51.25 Are there any other circumstances in which the Director may award a concession contract without public solicitation?
- Subpart E—Right of Preference to a New Concession Contract
- § 51.26 What solicitation, selection and award procedures apply when a preferred offeror exists?
- § 51.27 Who is a preferred offeror and what are a preferred offeror's rights to the award of a new concession contract?
- § 51.28 When will the Director determine whether a concessioner is a preferred offeror?
- § 51.29 How will I know when a preferred offeror exists?
- § 51.30 What must a preferred offeror do before it may exercise a right of preference?
- § 51.31 What happens if a preferred offeror does not submit a responsive proposal?
- § 51.32 What is the process if the Director determines that the best responsive proposal was not submitted by a preferred offeror?
- § 51.33 What if a preferred offeror does not timely amend its proposal to meet the terms and conditions of the best proposal?
- § 51.34 What will the Director do if a selected preferred offeror does not timely execute the new concession contract?
- § 51.35 What happens to a right of preference if the Director receives no responsive proposals?
- Subpart F—Determining a Preferred Offeror
- § 51.36 What conditions must be met before the Director determines that a concessioner is a preferred offeror?
- § 51.37 How will the Director determine that a new concession contract is a qualified concession contract?
- § 51.38 How will the Director determine that a concession contract is an outfitter and guide concession contract?
- § 51.39 What are some examples of outfitter and guide concession contracts?
- § 51.40 What are some factors to be considered in determining that outfitter and guide operations are conducted in the backcountry?
- § 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?
- § 51.42 Are there exceptions to this compensable interest prohibition?
- § 51.43 Who will make the determination that a concession contract is an outfitter and guide contract?
- § 51.44 How will the Director determine if a concessioner was satisfactory for purposes of a right of preference?
- § 51.45 Will a concessioner that has operated for less than the entire term of a concession contract be considered a satisfactory operator?
- § 51.46 May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?
- § 51.47 How does a person appeal a decision of the Director that a concessioner is or is not a preferred offeror?
- § 51.48 What happens to a right of preference in the event of termination of a concession contract for unsatisfactory performance or other breach?
- § 51.49 May the Director grant a right of preference except in accordance with this part?
- § 51.50 Does the existence of a preferred offeror limit the authority of the Director to establish the terms of a concession contract?
- Subpart G—Leasehold Surrender Interest
- § 51.51 What special terms must I know to understand leasehold surrender interest?
- § 51.52 How do I obtain a leasehold surrender interest?
- § 51.53 When may the Director authorize the construction of a capital improvement?
- § 51.54 What must a concessioner do before beginning to construct a capital improvement?
- § 51.55 What must a concessioner do after substantial completion of the capital improvement?
- § 51.56 How will the construction cost for purposes of leasehold surrender interest value be determined?
- § 51.57 How does a concessioner request arbitration of the construction cost of a capital improvement?
- § 51.58 What actions may or must the concessioner take with respect to a leasehold surrender interest?
- § 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?
- § 51.60 How will a new concession contract awarded to an existing concessioner treat a leasehold surrender interest obtained under a prior concession contract?
- § 51.61 How is an existing concessioner who is not awarded a new concession contract paid for a leasehold surrender interest?
- § 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?
- § 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?
- § 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?
- § 51.65 May the concessioner gain additional leasehold surrender interest by replacing a fixture in which the concessioner has a leasehold surrender interest?
- § 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?
- § 51.67 Will a concessioner obtain leasehold surrender interest as a result of repair and maintenance of real property improvements?
- Subpart H—Possessory Interest
- § 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?
- § 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?
- § 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?
- § 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?
- § 51.72 If a new concessioner is awarded the contract, what is the relationship between leasehold surrender interest and possessory interest?
- Subpart I—Concession Contract Provisions
- § 51.73 What is the term of a concession contract?
- § 51.74 When may a concession contract be terminated by the Director?
- § 51.75 May the Director segment or split concession contracts?
- § 51.76 May the Director amend a concession contract to provide new or additional visitor services or grant a concessioner a preferential right to provide new or additional visitor services?
- § 51.77 Will a concession contract provide a concessioner an exclusive right to provide visitor services?
- § 51.78 Will a concession contract require a franchise fee and will the franchise fee be subject to adjustment?
- § 51.79 May the Director waive payment of a franchise fee or other payments?
- § 51.80 How will the Director establish franchise fees for multiple outfitter and guide concession contracts in the same park area?
- § 51.81 May the Director include “special account” provisions in concession contracts?
- § 51.82 Are a concessioner's rates required to be reasonable and subject to approval by the Director?
- § 51.83 Sale of Native Handicrafts.
- Subpart J—Assignment or Encumbrance of Concession Contracts
- § 51.84 What special terms must I know to understand this part?
- § 51.85 What assignments require the approval of the Director?
- § 51.86 What encumbrances require the approval of the Director?
- § 51.87 Does the concessioner have an unconditional right to receive the Director's approval of an assignment or encumbrance?
- § 51.88 What happens if an assignment or encumbrance is completed without the approval of the Director?
- § 51.89 What happens if there is a default on an encumbrance approved by the Director?
- § 51.90 How does the concessioner get the Director's approval before making an assignment or encumbrance?
- § 51.91 What information may the Director require in the application?
- § 51.92 What are standard proformas?
- § 51.93 If the transaction includes more that one concession contract, how must required information be provided?
- § 51.94 What information will the Director consider when deciding to approve a transaction?
- § 51.95 Does the Director's approval of an assignment or encumbrance include any representations of any nature?
- § 51.96 May the Director amend or extend a concession contract for the purpose of facilitating a transaction?
- § 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?
- Subpart K—Information and Access to Information
- § 51.98 What records must the concessioner keep and what access does the Director have to records?
- § 51.99 What access to concessioner records will the Comptroller General have?
- § 51.100 When will the Director make proposals and evaluation documents publicly available?
- Subpart L—The Effect of the 1998 Act's Repeal of the 1965 Act
- § 51.101 Did the 1998 Act repeal the 1965 Act?
- § 51.102 What is the effect of the 1998 Act's repeal of the 1965 Act's preference in renewal?
- § 51.103 Severability.
- Subpart M—Information Collection
- § 51.104 Has OMB approved the collection of information?
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