Service Manual Chapter 630 FW 8

FISH AND WILDLIFE SERVICE
PUBLIC USE MANAGEMENT
Public Use Management
Chapter 8 Administering Concessions

Part 630: Public Use - General
630 FW 8

TABLE OF CONTENTS
Topics
Overview

Sections
8.1 What is the purpose of this chapter?
8.2 What are the scope, authorities, and responsibilities for this
chapter?

Contract
Management

8.3 How does the Concession Manager document concessions,
review financial reports, and evaluate operations?
8.4 What are the concessionaire’s responsibilities for maintenance?
8.5 May the Project Leader and Concession Manager allow the
concessionaire to advertise its operations?
8.6 What are grounds for the Service to cancel/terminate a
concession contract?
8.7 Can a concessioner sell its operation or transfer it to another
entity?

Terminating and
Transferring
Concessions

OVERVIEW
8.1 What is the purpose of this chapter? This chapter establishes our policy for administering
concessions on U.S. Fish and Wildlife Service (Service) National Wildlife Refuge System (NWRS)
sites.
8.2 What are the scope, authorities, and responsibilities for this chapter? See 630 FW 6 for
information about the scope, authorities, and responsibilities for all of our concessions policies (630
FW 6 - 8).

CONTRACT MANAGEMENT
8.3 How does the Concession Manager document concessions, review financial reports, and
evaluate operations? Concession Managers administer concession operations using the terms and
conditions specified in the concession contract, the bidder’s proposal, and any approved plans. The
Contracting Officer will give a copy of each executed concession contract and modifications to the
Chief, NWRS Division of Visitor Services and Communications; the Assistant Regional Directors NWRS; and the Concession Manager. As described in the contract:
A. Concession Managers must confirm, in writing, all meetings, inspections, audits, etc. that affect a
concession contract or a concessionaire.
B. The concessionaire will, at a minimum, provide to the Concession Manager annual financial
statements with gross receipts broken down into categories. Categories are concession-specific and
depend on the visitor services provided as agreed upon in the concession contract (e.g., food and
beverage, souvenirs, boat rentals, tours, transportation).
C. Concessionaires will maintain financial reports and accounting records that provide adequate
financial information to support audits of its operations.

11/03/19
Supersedes Director’s Order 139, 11/07/2001

PUBLIC USE MANAGEMENT

FISH AND WILDLIFE SERVICE
PUBLIC USE MANAGEMENT
Public Use Management
Chapter 8 Administering Concessions

Part 630: Public Use - General
630 FW 8

(1) The Concession Manager must approve accounting records to ensure they portray an adequate
and accurate basis for audit and meet current accounting standards.
(2) The contract will provide the concessionaire a schedule for submitting financial reports (in
addition to the annual financial statement) to the Concession Manager.
D. The concessionaire will develop a risk management program. The Concession Manager and the
concessionaire must work with the servicing Health and Safety Manager and the station’s Collateral
Duty Safety Officer to identify potential risks of concession operations.
E. Concession Managers will conduct regular inspections, as necessary, of concessionaires’
facilities. The Concession Manager must:
(1) Document the inspection (see Exhibit 1 for a sample Concession Inspection Checklist — we
expect the Concession Manager to modify the checklist for the unique circumstances of the
concession), and
(2) Compare the operation to the written operational plan, note any discrepancies, and send an
inspection report with any necessary improvements to the concessionaire. The inspection report
should include any negative comments the Service may have received from the public for corrective
action.
F. Concession Managers must follow up on corrective actions listed in inspection reports to ensure
the concessionaire addresses them within an appropriate time frame. If the concessionaire does not
correct the issue, the Concession Manager must send a cure notice. This notice tells the
concessionaire that if it does not complete corrective actions within a specified amount of time, the
Service may terminate the concession contract (see section 8.6).
G. At least 1 year before the expiration of an existing contract, the Concession Manager should
prepare for a new solicitation.
8.4 What are the concessionaire’s responsibilities for maintenance?
A. Maintenance responsibilities should be clearly outlined in the concession contract and can be
dependent on fee payment requirements (see 630 FW 7, sections 7.10 and 7.11). The
concessionaire may be responsible for some or all general maintenance and repairs, which can
include such activities as landscaping, replacement of broken lighting and plumbing fixtures, lawn
care, service of equipment, etc. Concessionaires may be required to address large-scale
maintenance items that recur on an infrequent basis (such as roof replacement).
B. The concessionaire must coordinate with the Project Leader (if not the Concession Manager) and
the Regional Engineering office for facility improvements and cyclical maintenance work that involve
life safety issues and building code compliance issues.
8.5 May the Project Leader and Concession Manager allow the concessionaire to advertise its
operations?
PUBLIC USE MANAGEMENT

FISH AND WILDLIFE SERVICE
PUBLIC USE MANAGEMENT
Public Use Management
Chapter 8 Administering Concessions

Part 630: Public Use - General
630 FW 8

A. Yes, the concessionaire may advertise its operations after receiving written approval from the
Project Leader.
B. The logo/seal of the U.S. Fish and Wildlife Service must not be used on any advertisement,
concessionaire equipment, or merchandise. The Service logo is our official "trademark." Its use is
reserved for official publications or other products of the Service. Use of the Service logo without
prior written approval is prohibited. Restrictions on use of the Service logo were published in the
Federal Register on February 13, 1984 (Vol. 49, No. 30, page 5387). 18 U.S.C. 701 provides for
enforcement (also see 041 FW 2, Emblems).
C. The Project Leader and Concession Manager may not allow the concessionaire to use
Government property to advertise other businesses not associated with on-site operations.

TERMINATING AND TRANSFERRING CONCESSIONS
8.6 What are grounds for the Service to cancel/terminate a concession contract? The Service
may cancel or terminate a concession contract if:
A. The concessionaire:
(1) Failed to perform concession operations as described in its proposal,
(2) Failed to take corrective action as noted in the inspection reports,
(3) Failed to pay fees in a timely manner, or
(4) Determines it is not a sustainable venture and must default; or
B. New laws and authorities require the termination of the concession contract.
8.7 Can a concessionaire sell its operation or transfer it to another entity? Concessionaires or
parties holding an ownership interest in a concession may not sell, assign, or transfer their interest,
or part of their interest, to another party without the prior written approval of the Regional Director.
A. Before transferring the rights to a concession contract, the Regional Director must assess the
transferee's ability to manage the business successfully and fulfill the terms of the concession
contract.
B. To protect the public interest, the Regional Director (with input from the Contracting Officer who
issued the contract) must approve a sale or transfer or place appropriate conditions on any approval.

/sgd/ Margaret Everson
PRINCIPAL DEPUTY DIRECTOR
Date: November 3, 2019
11/03/19
Supersedes Director’s Order 139, 11/07/2001

PUBLIC USE MANAGEMENT