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Part 51
FEDERAL · 36 CFR
Part 51 — Concession Contracts
104 sections · Title 36: Parks, Forests, and Public Property
§ 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 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?
§ 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 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.
§ 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
Has OMB approved the collection of information?