36 CFR § 51.46 - May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?

---
identifier: "/us/cfr/t36/s51.46"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 51.46 - May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "51.46"
section_name: "May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?"
chapter_name: "NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR"
part_number: "51"
part_name: "CONCESSION CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "54 U.S.C. 101901-101926 and title IV of the National Parks Omnibus Management Act of 1998 (Pub. L. 105-391)."
regulatory_source: "65 FR 20668, Apr. 17, 2000, unless otherwise noted."
cfr_part: "51"
---


# 51.46 May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?

The Director may determine that a concessioner has not operated satisfactorily on an overall basis during the term of a current concession contract, and therefore is not a preferred offeror, after a prospectus for a new contract has been issued and prior to the selection of the best proposal submitted in response to a prospectus. In circumstances where the usual time of an annual evaluation of a concessioner's performance may not occur until after the selection of the best proposal submitted in response to a prospectus, the Director will make an annual performance evaluation based on a shortened operations period prior to the selection of the best proposal. Such shorter operations period, however, must encompass at least 6 months of operations from the previous annual performance evaluation. In the event the concessioner receives a second less than satisfactory annual evaluation (including, without limitation, one based on a shortened operations period), the prospectus must be amended to delete a right of preference or canceled and reissued without recognition of a right of preference to the new concession contract.

[65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000]