2008 CFR Title 36, Volume 1

Title 36--Parks, Forests, and Public Property CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 51--CONCESSION CONTRACTS
	51.1	What does this part cover?
	51.2	What is the policy underlying concessions contracts?
	51.3	How are terms defined in this part?
	51.4	How will the Director invite the general public to apply for the award of a concession contract?
	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 or 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?
	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?
	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?
	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?
	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?
	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?
	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 include in a concession contract or otherwise 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.
	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?
	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?
	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.
	51.104	Have information collection procedures been followed?