(1)
Competitive selection process.--Except as otherwise
provided in this section, all proposed concessions
contracts shall be awarded by the Secretary to the
person, corporation, or other entity submitting the
best proposal, as determined by the Secretary through
a competitive selection process. Such competitive
process shall include simplified procedures for
small, individually-owned, concessions contracts.
(2)
Solicitation of proposals.--Except as otherwise
provided in this section, prior to awarding a new
concessions contract (including renewals or
extensions of existing concessions contracts) the
Secretary shall publicly solicit proposals for the
concessions contract and, in connection with such
solicitation, the Secretary shall prepare a
prospectus and shall publish notice of its
availability at least once in local or national
newspapers or trade publications, and/or the Commerce
Business Daily, as appropriate, and shall make the
prospectus available upon request to all interested
parties.
(3)
Prospectus.--The prospectus shall include the
following information:
(A)
The minimum requirements for such contract as set
forth in paragraph (4).
(B)
The terms and conditions of any existing
concessions 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 which may
be provided in a proposal.
(D)
Facilities and services to be provided by the
Secretary to the concessioner, if any, including
public access, utilities, and buildings.
(E)
An estimate of the amount of compensation, if
any, due an existing concessioner from a new
concessioner under the terms of a prior
concessions contract.
(F) A
statement as to the weight to be given to each
selection factor identified in the prospectus and
the relative importance of such factors in the
selection process.
(G)
Such other information related to the proposed
concessions operation as is provided to the
Secretary pursuant to a concessions 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 concessions
contract held by an existing concessioner as set
forth in paragraph (7).
(4)
Minimum requirements.--
(A)
No proposal shall be considered which fails to
meet the minimum requirements as determined by
the Secretary. Such minimum requirements shall
include the following:
(i)
The minimum acceptable franchise fee or other
forms of consideration to the 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 unit of the National Park System.
(B)
The Secretary shall reject any proposal,
regardless of the franchise fee offered, if the
Secretary determines that the person,
corporation, or entity is not qualified, is not
likely to provide satisfactory service, or that
the proposal is not responsive to the objectives
of protecting and preserving resources of the
unit of the National Park System and of providing
necessary and appropriate facilities and services
to the public at reasonable rates.
(C)
If all proposals submitted to the Secretary
either fail to meet the minimum requirements or
are rejected by the Secretary, the Secretary
shall establish new minimum contract requirements
and re-initiate the competitive selection process
pursuant to this section.
(D)
The Secretary may not execute a concessions
contract which materially amends or does not
incorporate the proposed terms and conditions of
the concessions contract as set forth in the
applicable prospectus. If proposed material
amendments or changes are considered appropriate
by the Secretary, the Secretary shall resolicit
offers for the concessions contract incorporating
such material amendments or changes.
(5)
Selection of the best proposal.--
(A)
In selecting the best proposal, the Secretary
shall consider the following principal factors:
(i)
The responsiveness of the proposal to the
objectives of protecting, conserving, and
preserving resources of the unit of the
National Park System 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 such 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 unit of the National Park
System and of providing necessary and
appropriate facilities to the public at
reasonable rates.
(B) The Secretary
may also consider such secondary factors as the Secretary deems
appropriate.
