[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: 36CFR51.25]

[Page 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. 51.25  Are there any other circumstances in which the Director may award a concession contract without public solicitation?

    Notwithstanding the public solicitation requirements of this part, 
the Director may award a concession contract non-competitively to any 
qualified person if the Director determines both that such an award is 
otherwise consistent with the requirements of this part and that 
extraordinary circumstances exist under which compelling and equitable 
considerations require the award of the concession contract to a 
particular qualified person in the public interest. Indisputable 
equitable considerations must be the determinant of such circumstances. 
The Director must publish a notice of his intention to award a 
concession contract to a specified person under these circumstances and 
the reasons for the proposed award in the Federal Register at least 60 
days before the concession contract is awarded. In addition, the 
Director also must notify the Committee on Energy and Natural Resources 
of the Senate and the Committee on Resources of the House of 
Representatives at least 60 days before the contract is awarded. The 
Director must personally approve any such award and may only do so with 
the prior written approval of the Secretary.