In furtherance of the findings and policy stated in section 101912 of this title, and except as provided by this subchapter or otherwise authorized by law, the Secretary shall utilize concession contracts to authorize a person, corporation, or other entity to provide accommodations, facilities, and services to visitors to System units. Concession contracts shall be awarded as follows:
(A) shall publicly solicit proposals for the concession contract; and
(B) in connection with the solicitation, shall—
(i) prepare a prospectus and publish notice of its availability at least once in local or national newspapers or trade publications, by electronic means, or both, as appropriate; and
(ii) make the prospectus available on request to all interested persons.
(A) The minimum requirements for the contract as set forth in paragraph (4).
(B) The terms and conditions of any existing concession contract relating to the services and facilities to be provided, including all fees and other forms of compensation provided to the United States by the concessioner.
(C) Other authorized facilities or services that may be provided in a proposal.
(D) Facilities and services to be provided by the Secretary to the concessioner, including public access, utilities, and buildings.
(E) An estimate of the amount of compensation due an existing concessioner from a new concessioner under the terms of a prior concession contract.
(F) A statement as to the weight to be given to each selection factor identified in the prospectus and the relative importance of those factors in the selection process.
(G) Other information related to the proposed concession operation that is provided to the Secretary pursuant to a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right to the renewal of the proposed concession contract held by an existing concessioner as set forth in paragraph (7).
(i) The minimum acceptable franchise fee or other forms of consideration to the Federal Government.
(ii) Any facilities, services, or capital investment required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the System unit.
(i) the person, corporation, or entity is not qualified or is not likely to provide satisfactory service; or
(ii) the proposal is not responsive to the objectives of protecting and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of the person, corporation or entity in providing the same or similar facilities or services.
(iii) The financial capability of the person, corporation, or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities to the public at reasonable rates.
(i) Subject to subparagraph (B), concession contracts that solely authorize the provision of specialized backcountry outdoor recreation guide services that require the employment of specially trained and experienced guides to accompany System unit visitors in the backcountry so as to provide a safe and enjoyable experience for visitors who otherwise may not have the skills and equipment to engage in that activity.
(ii) Subject to subparagraph (C), concession contracts with anticipated annual gross receipts under $500,000.
(I) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest, in capital improvements on land owned by the United States within a System unit, other than a capital improvement constructed by a concessioner pursuant to the terms of a concession contract prior to November 13, 1998, or constructed or owned by a concessioner or the concessioner's predecessor before the subject land was incorporated into the System;
(II) the Secretary determines that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
(III) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
(ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(i) publication in the Federal Register of notice of the Secretary's intention to award the contract and the reasons for the action; and
(ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138; Pub. L. 114–289, title V, §502, Dec. 16, 2016, 130 Stat. 1490.)
|Source (U.S. Code)||Source (Statutes at Large)|
|101913||16 U.S.C. 5952 (less (7)(C)).||Pub. L. 105–391, title IV, §403 (less (7)(C)), Nov. 13, 1998, 112 Stat. 3504.|
In paragraph (1), the words "entities seeking award of a concession contract" are substituted for "concessions contracts" for clarity.
In paragraph (2)(B)(i), the words "by electronic means" are substituted for "the Commerce Business Daily" to eliminate obsolete words. Federal Business Opportunities is the designated single point of universal electronic public access for publication of all procurement information and notices previously published in the Commerce Business Daily. See 66 Fed. Reg. 27407, May 16, 2001, 68 Fed. Reg. 56678, October 1, 2003, 48 CFR ch. 1, subch. B, part 5, and the special notice posted in CBDNet on December 28, 2001, and printed on January 2, 2002.
In paragraph (5)(C), the words "concession contract" are substituted for "concession, contracts" to correct an error in the source provision.
In paragraph (8)(B)(ii)(III), the word "concession" is added for consistency in this subchapter.
2016—Par. (9). Pub. L. 114–289 amended par. (9) generally. Prior to amendment, text read as follows: "The Secretary shall not grant a preferential right to a concessioner to provide new or additional services in a System unit."
1 So in original. Probably should be "