[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR51.24]

[Page 294-295]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 51_CONCESSION CONTRACTS--Table of Contents
 
         Subpart D_Non-Competitive Award of Concession Contracts
 
Sec. 51.24  May the Director award a temporary concession contract without a public solicitation?

    (a) Notwithstanding the public solicitation requirements of this 
part, the Director may award non-competitively a temporary concession 
contract or contracts for consecutive terms not to exceed three years in 
the aggregate, e.g., the Director may award one temporary contract with 
a three year term, two consecutive temporary contracts, one with a two 
year term and one with a one year term, or three consecutive temporary 
contracts with a term of one year each, to any qualified person for the 
conduct of particular visitor services in a park area if the Director 
determines that the award is necessary to avoid interruption of visitor 
services. Before determining to award a temporary concession contract, 
the Director must take all reasonable and appropriate steps to consider 
alternatives to avoid an interruption of visitor services. Further, the 
Director must publish notice in the Federal Register of the proposed 
temporary concession contract at least 30 days in advance of its award 
(except in emergency situations). A temporary concession contract may 
not be extended. A temporary concession contract may not be awarded to 
continue visitor services provided under an extended concession contract 
except as permitted by paragraph (b) of this section.
    (b) Notwithstanding the last sentence of paragraph (a) of this 
section, the Director may award a temporary concession contract for 
consecutive terms not to exceed three years in the aggregate to 
authorize the continuing conduct of visitor services that were conducted 
under a concession contract that was in effect as of November 13, 1998, 
and that either had been extended as of that date or was due to expire 
by December 31, 1998, and was subsequently extended. The Director must 
personally approve the award of a temporary concession contract in these 
circumstances and may do so only if the Director determines that the 
award is necessary to avoid interruption of visitor services and that 
all reasonable alternatives to the award of the temporary concession 
contract have been

[[Page 295]]

considered and found infeasible. The Director must publish a notice of 
his intention to award a temporary concession contract to a specified 
person under this paragraph and the reasons for the proposed award in 
the Federal Register at least 60 days before the temporary concession 
contract is awarded. In addition, the Director must notify the Committee 
on Energy and Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives of the proposed award of a 
temporary concession contract under this paragraph at least 60 days 
before the temporary concession contract is awarded. A temporary 
concession contract awarded under the authority of this paragraph will 
be considered as a contract extension for purposes of determining the 
existence of a preferred offeror under Sec. 51.44.
    (c) A concessioner holding a temporary concession contract will not 
be eligible for a right of preference to a qualified concession contract 
which replaces a temporary contract unless the concessioner holding the 
temporary concession contract was determined or was eligible to be 
determined a preferred offeror under the extended concession contract 
that was replaced by the temporary concession contract under paragraph 
(b) of this section.