C.F.R. » Title 36 » CHAPTER I—NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR › PART 51—CONCESSION CONTRACTS › Subpart C—Solicitation, Selection and Award Procedures

36 C.F.R. § 51.15

May I clarify, amend or supplement my proposal after it is submitted?

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(a) The Director may request from any offeror who has submitted a timely proposal a written clarification of its proposal. Clarification refers to making clear any ambiguities that may have been contained in a proposal but does not include amendment or supplementation of a proposal. An offeror may not amend or supplement a proposal after the submission date unless requested by the Director to do so and the Director provides all offerors that submitted proposals a similar opportunity to amend or supplement their proposals. Permitted amendments must be limited to modifying particular aspects of proposals resulting from a general failure of offerors to understand particular requirements of a prospectus or a general failure of offerors to submit particular information required by a prospectus.

(b) A proposal may suggest changes to the terms and conditions of a proposed concession contract and still be considered as responsive so long as the suggested changes are not conditions to acceptance of the terms and conditions of the proposed concession contract. The fact that a proposal may suggest changes to the proposed concession contract does not mean that the Director may accept those changes without a resolicitation of the concession opportunity.

Notes of Decisions
Cited in 3 cases, 2013–2017 · leading case: Nat'l Mall Tours of Washington, Inc. v. United States Dep't of the Interior, 862 F.3d 35 (D.C. Cir. 2017).
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Nat'l Mall Tours of Washington, Inc. v. United States Dep't of the Interior, 862 F.3d 35 (D.C. Cir. 2017). · cites it 3× “See 36 C.F.R. § 51.15 (a). Thus, omissions can be fatal if the Park Service deems them material.”
Eco Tour Adventures, Inc. v. United States, 114 Fed. Cl. 6 (Fed. Cl. 2013). “PL’s Reply at 12 (citing 36 C.F.R. § 51.15 (a) (allowing offerors to amend or supplement proposals after submission only if “requested by the Director to do so and the Director provides all offerors that submitted proposals a similar opportunity to amend or supplement their…”
Eco Tour Adventures, Inc. v. Jewell, 249 F. Supp. 3d 360 (D.D.C. 2017). “32, and due to their non-responsive proposals, the incumbents were not entitled to a preferential right of renewal or the opportunity to amend their bids to meet the better offer. 16 U.S.C. § 5952 (8)(C)(ii).”
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