[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR51.46]

[Page 272]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 51--CONCESSION CONTRACTS--Table of Contents
 
               Subpart F--Determining a Preferred Offeror
 
Sec. 51.46  May the Director determine that a concessioner has not 
operated satisfactorily after a prospectus is issued?

    The Director may determine that a concessioner has not operated 
satisfactorily on an overall basis during the term of a current 
concession contract, and therefore is not a preferred offeror, after a 
prospectus for a new contract has been issued and prior to the selection 
of the best proposal submitted in response to a prospectus. In 
circumstances where the usual time of an annual evaluation of a 
concessioner's performance may not occur until after the selection of 
the best proposal submitted in response to a prospectus, the Director 
will make an annual performance evaluation based on a shortened 
operations period prior to the selection of the best proposal. Such 
shorter operations period, however, must encompass at least 6 months of 
operations from the previous annual performance evaluation. In the event 
the concessioner receives a second less than satisfactory annual 
evaluation (including, without limitation, one based on a shortened 
operations period), the prospectus must be amended to delete a right of 
preference or canceled and reissued without recognition of a right of 
preference to the new concession contract.

[65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000]