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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 36 - Parks, Forests, and Public Property |
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Chapter I - National Park Service, Department of the Interior |
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Part 51 - Concession Contracts |
| 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 |
| § 51.5 - 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? |
| § 51.65 - 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 |
| § 51.69 - 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? |