36 Cfr 51.47

[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR51.47]

[Page 306]

TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

PART 51_CONCESSION CONTRACTS--Table of Contents

Subpart F_Determining a Preferred Offeror

Sec. 51.47 How does a person appeal a decision of the Director that a

concessioner is or is not a preferred offeror?

(a) Except as stated in paragraph (b) of this section, any person
may appeal to the Director a determination that a concessioner is or is
not a preferred offeror for the purposes of a right of preference in
renewal, including, without limitation, whether the applicable new
concession contract is or is not a qualified concession contract as
described in this part. This appeal must specify the grounds for the
appeal and be received by the Director in writing no later than 30 days
after the date of the determination. If applicable, the Director may
extend the submission date for an appeal under this section upon request
by the concessioner if the Director determines that good cause for an
extension exists.
(b) The appeal provided by this section will not apply to
determinations that a concessioner is not a preferred offeror as a
consequence of two or more less than satisfactory annual evaluations as
described in this part as the concessioner is given an opportunity to
appeal those evaluations after they are made in accordance with
applicable administrative guidelines.
(c) The Director must consider an appeal under this section
personally or must authorize a Deputy Director or Associate Director to
consider the appeal. The deciding official must prepare a written
decision on the appeal, taking into account the content of the appeal,
other written information available, and the requirements of this part.
The written decision on the appeal must be issued by the date of
selection of the best proposal submitted in response to a prospectus. If
the appeal results in a concessioner being determined a preferred
offeror, then the concessioner will have a right of preference to the
qualified concession contract as described in and subject to the
conditions of this part, including, but not limited to, the obligation
to submit a responsive proposal pursuant to the terms of the related
prospectus. If the appeal results in a determination that a concessioner
is not a preferred offeror, no right of preference will apply to the
award of the related concession contract and the award will be made in
accordance with the requirements of this part.
(d) No person will be considered as having exhausted administrative
remedies with respect to a determination by the Director that a
concessioner is or is not a preferred offeror until the Director issues
a written decision in response to an appeal submitted pursuant to this
section, or, where applicable, pursuant to an appeal provided by the
administrative guidelines described in paragraph (b) of this section.
The decision of the Director is final agency action.