[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2920.5-4]

[Page 301]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2920_LEASES, PERMITS AND EASEMENTS--Table of Contents
 
     Subpart 2920_Leases, Permits and Easements: General Provisions
 
Sec. 2920.5-4  Competitive or non-competitive bids.

    (a) Competitive. Land use authorizations may be offered on a 
competitive basis if, in the judgment of the authorized officer, a 
competitive interest exists or if no equities, such as prior use of the 
lands, warrant non-competitive land use authorization. Land use 
authorizations shall be awarded on the basis of the public benefit to be 
provided, the financial and technical capability of the bidder to 
undertake the project and the bid offered. A bid at less than fair 
market value shall not be considered. Each bidder shall submit 
information required by the notice of realty action.
    (b) Non-competitive. Land use authorizations may be offered on a 
negotiated, non-competitive basis, when, in the judgement of the 
authorized officer equities, such as prior use of the lands, exist, no 
competitive interest exists or where competitive bidding would represent 
unfair competitive and economic disadvantage to the originator of the 
unique land use concept. The non-competitive bid shall not be for less 
than fair market value.