Part 51 — Concession Contracts
Subpart A — Authority and Purpose
Subpart B — General Definitions
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?