[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2920.5-4]



[Page 311]

 

                    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.