36 C.F.R. PART 51--CONCESSION CONTRACTS
TITLE 36--Parks, Forests, and Public Property
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 51--CONCESSION CONTRACTS
Subpart A--AUTHORITY AND PURPOSE
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| What does this part cover?
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| What is the policy underlying concessions contracts?
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Subpart B--GENERAL DEFINITIONS
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| How are terms defined in this part?
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Subpart C--SOLICITATION, SELECTION AND AWARD PROCEDURES
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| How will the Director invite the general public to apply for the award of a concession contract?
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| What information will the prospectus include?
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| Will a concession contract be developed for a particular potential offeror?
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| How will information be provided to a potential offeror after the prospectus is issued?
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| Where will the Director publish the notice of availability of the prospectus?
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| How do I get a copy of the prospectus?
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| How long will I have to submit my proposal?
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| May the Director amend, extend, or cancel a prospectus or solicitation?
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| Are there any other additional procedures that I must follow to apply for a concession contract?
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| When will the Director determine if proposals are responsive?
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| What happens if no responsive proposals are submitted?
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| May I clarify, amend or supplement my proposal after it is submitted?
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| How will the Director evaluate proposals and select the best one?
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| What are the selection factors?
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| When must the Director reject a proposal?
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| Must the Director award the concession contract that is set forth in the prospectus?
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| Does this part limit the authority of the Director?
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| When must the selected offeror execute the concession contract?
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| When may the Director award the concession contract?
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Subpart D--NON-COMPETITIVE AWARD OF CONCESSION CONTRACTS
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| May the Director extend an existing concession contract without a public solicitation?
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| May the Director award a temporary concession contract without a public solicitation?
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| Are there any other circumstances in which the Director may award a concession contract without public solicitation?
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Subpart E--RIGHT OF PREFERENCE TO A NEW CONCESSION CONTRACT
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| What solicitation, selection and award procedures apply when a preferred offeror exists?
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| Who is a preferred offeror and what are a preferred offeror's rights to the award of a new concession contract?
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| When will the Director determine whether a concessioner is a preferred offeror?
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| How will I know when a preferred offeror exists?
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| What must a preferred offeror do before it may exercise a right of preference?
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| What happens if a preferred offeror does not submit a responsive proposal?
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| What is the process if the Director determines that the best responsive proposal was not submitted by a preferred offeror?
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| What if a preferred offeror does not timely amend its proposal to meet the terms and conditions of the best proposal?
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| What will the Director do if a selected preferred offeror does not timely execute the new concession contract?
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| What happens to a right of preference if the Director receives no responsive proposals?
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Subpart F--DETERMINING A PREFERRED OFFEROR
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| What conditions must be met before the Director determines that a concessioner is a preferred offeror?
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| How will the Director determine that a new concession contract is a qualified concession contract?
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| How will the Director determine that a concession contract is an outfitter and guide concession contract?
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| What are some examples of outfitter and guide concession contracts?
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| What are some factors to be considered in determining that outfitter and guide operations are conducted in the backcountry?
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| 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?
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| Are there exceptions to this compensable interest prohibition?
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| Who will make the determination that a concession contract is an outfitter and guide contract?
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| How will the Director determine if a concessioner was satisfactory for purposes of a right of preference?
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| Will a concessioner that has operated for less than the entire term of a concession contract be considered a satisfactory operator?
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| May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?
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| How does a person appeal a decision of the Director that a concessioner is or is not a preferred offeror?
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| What happens to a right of preference in the event of termination of a concession contract for unsatisfactory performance or other breach?
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| May the Director grant a right of preference except in accordance with this part?
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| Does the existence of a preferred offeror limit the authority of the Director to establish the terms of a concession contract?
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Subpart G--LEASEHOLD SURRENDER INTEREST
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| What special terms must I know to understand leasehold surrender interest?
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| How do I obtain a leasehold surrender interest?
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| When may the Director authorize the construction of a capital improvement?
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| What must a concessioner do before beginning to construct a capital improvement?
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| What must a concessioner do after substantial completion of the capital improvement?
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| How will the construction cost for purposes of leasehold surrender interest value be determined?
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| How does a concessioner request arbitration of the construction cost of a capital improvement?
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| What actions may or must the concessioner take with respect to a leasehold surrender interest?
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| 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?
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| How will a new concession contract awarded to an existing concessioner treat a leasehold surrender interest obtained under a prior concession contract?
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| How is an existing concessioner who is not awarded a new concession contract paid for a leasehold surrender interest?
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| 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?
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| 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?
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| 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?
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| May the concessioner gain additional leasehold surrender interest by replacing a fixture in which the concessioner has a leasehold surrender interest?
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| Under what conditions will a concessioner obtain a leasehold surrender interest in existing real property improvements in which no leasehold surrender interest exists?
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| Will a concessioner obtain leasehold surrender interest as a result of repair and maintenance of real property improvements?
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Subpart H--POSSESSORY INTEREST
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| 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?
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| 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?
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| If a concessioner under a 1965 Act concession contract is awarded a new concession contract, what happens to the concessioner's possessory interest?
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| 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?
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| If a new concessioner is awarded the contract, what is the relationship between leasehold surrender interest and possessory interest?
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Subpart I--CONCESSION CONTRACT PROVISIONS
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| What is the term of a concession contract?
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| When may a concession contract be terminated by the Director?
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| May the Director segment or split concession contracts?
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| May the Director include in a concession contract or otherwise grant a concessioner a preferential right to provide new or additional visitor services?
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| Will a concession contract provide a concessioner an exclusive right to provide visitor services?
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| Will a concession contract require a franchise fee and will the franchise fee be subject to adjustment?
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| May the Director waive payment of a franchise fee or other payments?
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| How will the Director establish franchise fees for multiple outfitter and guide concession contracts in the same park area?
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| May the Director include ''special account'' provisions in concession contracts?
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| Are a concessioner's rates required to be reasonable and subject to approval by the Director?
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Subpart J--ASSIGNMENT OR ENCUMBRANCE OF CONCESSION CONTRACTS
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| What special terms must I know to understand this part?
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| What assignments require the approval of the Director?
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| What encumbrances require the approval of the Director?
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| Does the concessioner have an unconditional right to receive the Director's approval of an assignment or encumbrance?
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| What happens if an assignment or encumbrance is completed without the approval of the Director?
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| What happens if there is a default on an encumbrance approved by the Director?
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| How does the concessioner get the Director's approval before making an assignment or encumbrance?
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| What information may the Director require in the application?
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| What are standard proformas?
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| If the transaction includes more that one concession contract, how must required information be provided?
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| What information will the Director consider when deciding to approve a transaction?
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| Does the Director's approval of an assignment or encumbrance include any representations of any nature?
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| May the Director amend or extend a concession contract for the purpose of facilitating a transaction?
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| May the Director open to renegotiation or modify the terms of a concession contract as a condition to the approval of a transaction?
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Subpart K--INFORMATION AND ACCESS TO INFORMATION
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| What records must the concessioner keep and what access does the Director have to records?
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| What access to concessioner records will the Comptroller General have?
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| When will the Director make proposals and evaluation documents publicly available?
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Subpart L--THE EFFECT OF THE 1998 ACT'S REPEAL OF THE 1965 ACT
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| Did the 1998 Act repeal the 1965 Act?
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| What is the effect of the 1998 Act's repeal of the 1965 Act's preference in renewal?
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Subpart M--INFORMATION COLLECTION
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| Have information collection procedures been followed?
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