36 C.F.R. § 51.19

Must the Director award the concession contract that is set forth in the prospectus?

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Except for incorporating into the concession contract appropriate elements of the best proposal, the Director must not award a concession contract which materially amends or does not incorporate the terms and conditions of the concession contract as set forth in the prospectus.

Notes of Decisions

Cited in 7 cases, 2013–2019 · leading case: Eco Tour Adventures, Inc. v. Jewell, 249 F. Supp. 3d 360 (D.D.C. 2017).

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Eco Tour Adventures, Inc. v. Jewell, 249 F. Supp. 3d 360 (D.D.C. 2017). · cites it 2× “12 The first regulation cited by NPS as precluding the use of any mechanisms to provide equitable relief to the plaintiff while avoiding a windfall is 36 C.F.R. § 51.19 . See Defs.’ Opp’n at 29.”

Jordan Pond Co., LLC v. United States, 115 Fed. Cl. 623 (Fed. Cl. 2014). “For example, 36 C.F.R. § 51.19 states that [e]xeept for incorporating into the concession contract appropriate elements of the best proposal, the Director must not award a concession contract which materially amends or does not incorporate the terms and conditions of the…”

Eco Tour Adventures, Inc. v. United States, 114 Fed. Cl. 6 (Fed. Cl. 2013). “15 In response, the government first argues that the NPS is not obligated to require Hole Hiking to use biodiesel in its vehicles in order to exercise a right of preference because doing so would violate 36 C.F.R. § 51.19 , which prohibits the agency from awarding a concession…”

Heart 6 Ranch, LLC v. Bernhardt, 365 F. Supp. 3d 105 (D.C. Cir. 2019). · cites it 4× “" 36 C.F.R. § 51.19 . 4 However, "[a] concession contract may be amended to authorize the concessioner to provide minor additional visitor services that are a reasonable extension of the existing services.”

Heart 6 Ranch, LLC v. Zinke (D.D.C. 2018). · cites it 3× “Plaintiff cites 36 C.F.R. § 51.19 , which states that “[e]xcept for incorporating into the concession contract appropriate elements of the best proposal, the Director must not award a concession contract which materially amends or does not incorporate the terms and conditions of…”

Heart 6 Ranch, LLC v. Zinke (D.D.C. 2019). · cites it 3× “4 The Court notes that 36 C.F.R. § 51.19 applies to the awarding of concession contracts.”

Heart 6 Ranch, LLC v. Zinke, 285 F. Supp. 3d 135 (D.C. Cir. 2018). · cites it 3× “Plaintiff cites 36 C.F.R. § 51.19 , which states that "[e]xcept for incorporating into the concession contract appropriate elements of the best proposal, the Director must not award a concession contract which materially amends or does not incorporate the terms and conditions of…”

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