Commenting on this section, the General Concession Body stated that it should have the right to comment on the proposed building rules before finalising the proposed general concession rules. NPS published this final regulation before the date of possible publication of the draft regulation on crafts. NPS did not consider that it was in the public interest to delay the completion of these general regulations, as requested by the general concession body. Many dealers are currently working on short-term renewals of existing contracts. Any delay in announcing the final general concession rules would be detrimental not only to park visitors, but also to many dealers. (a) APPROVAL OF THE SECRETARY — No concession contract or lease interest may be transferred, assigned, sold or otherwise transferred or pledged by a concessionaire without written notice to the Secretary and without the approval of the Secretary. (Emphasis added). One commentator asked for a clear instruction on who to contact in order to obtain the award of a concession contract under this article. The comment implies that a person is entitled to the non-competitive award of a concession contract. This is not the case. The award of a contract under this section is at the discretion of NPS in the limited circumstances described in this section. The terms of a concession contract depend to a large extent on its timeliness.
For example, a contract to operate a food concession in a popular stadium may not offer much to the concessionaire in the form of incentives. On the other hand, a government that wants to attract mining companies to a poor area can offer significant incentives. These incentives could include tax breaks and a lower licensing rate. In order to avoid the need for dealers to file administrative complaints that could fail, nps has deleted the sentence in paragraph (b) of this section of the proposed Regulations, which states that a licensee must appeal under this section in order to be considered an exhausted administrative remedy with respect to the refusal of a renewal preference with respect to concession contracts under the 1965 Act. Instead, a sentence has been added to the final regulation that definitively establishes the NPS`s decision to lift the preference of the 1965 Act in the renewal over concession contract holders under the 1965 Act. In a number of submissions, nps was criticised for not including “simplified procedures for small private concession contracts” in the proposed regulation, as required by section 403(1) of the 1998 Act. However, this section of the draft Regulation included simplified procedures whereby the Director will include simplified solicitation and/or disclosure requirements in prospectuses for concession contracts that may be awarded to a sole proprietorship. NPS notes that due to the explicit legal requirements of the 1998 Act, which requires tendering procedures for concession contracts, it is not possible to introduce a very simplified regulatory tendering procedure for small concession contracts in general. NpS does not believe that section 403(1) should implicitly repeal the many legal requirements for the selection process set out in the 1998 Act. Rather, the NPS considers that the simplified procedures referred to in the 1998 Act relate to the administrative practice used by the NPS and to any regulatory procedures that the NPS may use to promote the 1998 Act.
In any event, NPS considers that the fundamental elements of the 1998 Law on recovery procedures, namely: the publication of a prospectus, the evaluation of proposals according to certain criteria and the selection of the best proposal must necessarily be included in any selection procedure, whether or not the law so requires. Consequently, there is the greatest possibility of simplifying procedures with regard to the disclosure requirements of prospectuses. The proposed rules provide in paragraph 51.33(a) that for an otherwise eligible former concessionaire to have a preferential right to a new concession contract, the new concession contract may only provide for the continuation of visitor services approved under the previous concession contract. In addition, the rules proposed in this context provide that the scope of the visitor services pursued under the new contract may be extended or reduced, but may not differ significantly in nature and nature from the services authorised under the previous concession contract. NPS considers that this section adequately reflects the intentions of the 1998 Act and the discretion that npS enjoys under the 1998 Act in this regard. (1) the natural or legal person who wishes to acquire a concession contract is not qualified or able to meet the conditions of the concession contract; NPS also notes that the preamble to the proposed Regulations indicates that it is likely that the number of NPS contracts and concession permits will decrease as a result of the proposed Regulations. This statement was incorrectly included in the preamble after being found to be false by NPS. The Federal Register`s submission on the first analysis of regulatory flexibility stated that this statement should not be taken into account. If the Director does not receive relevant proposals, including a relevant proposal from a Preferred Bidder, in response to a prospectus for an eligible concession contract for which there is a Preferred Bidder, the Director shall cancel the invitation and may reapply for the Concession Agreement or take other appropriate action in accordance with this Part. A concession contract which is re-applied for in accordance with this Section shall not be subject to a preferential duty unless the contract is re-applied for on terms significantly more favourable to suppliers than those contained in the original contract. This paragraph has also been amended to further reflect the wording of the 1998 Act with respect to the fact that, unless otherwise permitted by law, concession contracts must be used to authorize the provision of necessary and adequate accommodation, facilities and services to visitors to the Park (“Visitor Services”).
(b) any right to act as a sub-concessionaire or otherwise under a concession contract or to manage its performance; In the final rule, a sentence has been added to this section stating that the NPS may execute a concession contract that does not need to be submitted to Congress at any time after the concessionaire has selected the best proposal and execution. Finally, the General Concession Organization proposed that a repair and maintenance reserve provision included in a concession contract require that any balance of the reserve be retained by the incumbent concessionaire at the end of the contract. This issue will be addressed by NPS when developing and considering public comments on its draft standard concession contract. .