[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR18.7]

[Page 256-257]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 18_LEASING OF PROPERTIES IN PARK AREAS--Table of Contents
 
Sec.  18.7  How are lease proposals solicited and selected if the 
Director issues a Request for Bids?

    (a) If the amount of the rent is the only criterion for award of a 
lease, the Director may solicit bids through issuance of a request for 
bids as described in this section. If historic property is to be leased 
under the authority of this section, the Director must comply with 36 
CFR part 800 (commenting procedures of the Advisory Council on Historic 
Preservation) at an appropriate time during the leasing process.
    (b) A request for bids under this section shall be advertised by 
public notice published at least twice in local and/or national 
newspapers of general circulation. The notice shall provide at least a 
thirty (30) day period from the

[[Page 257]]

last date of publication for the submission of sealed bids. The notice 
will provide necessary information to prospective bidders. It may 
specify a minimum rent and/or require submission of a rent deposit or 
advance rent payment. Bids will be considered only if timely received at 
the place designated in the request. Bids must be in the form specified 
by the Director, or, if no form is specified, a bid must be in writing, 
signed by the bidder or authorized representative, state the amount of 
the bid, and refer to the applicable public notice. If the notice 
requires submission of a rent deposit or advance rent payment, the bids 
must include the required funds in the form of a certified check, post 
office money order, bank drafts, or cashier's checks made out to the 
United States of America. The bid (and payment where applicable) must be 
enclosed in a sealed envelope upon which the bidder shall write: ``Bid 
on lease of property of the National Park Service'' and shall note the 
date the bids are to be opened.
    (c) Bids will be opened publicly by the Director at a time and place 
specified in the public notice. Bidders or their representatives may 
attend the bid opening. The bidder submitting a responsive bid offering 
the highest rent will be selected for award of the lease (subject to a 
determination of financial capability by the Director). A responsive bid 
is a bid that meets the material terms and conditions of the request for 
bids. The Director shall accept no bid in an amount less than the fair 
market rental value as determined by the Director. If two or more bids 
are equal, a drawing shall make the lease award by lot limited to the 
equal responsive bids received.
    (d) When a property is to be leased through a request for bids, the 
bidder that is declared by the Director to be the high bidder shall be 
bound by his bid and this part to execute the offered lease, unless the 
bid is rejected. If the declared high bidder fails to enter into the 
lease for any reason, the Director may choose to enter into the lease 
with the next highest bidder (if that bidder offered to pay at least the 
fair market rent value). The Director may reject any and all bids in his 
discretion and resolicit or cancel a lease solicitation under this part 
at any time without liability to any person.