C.F.R. » Title 36 » CHAPTER I—NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR › PART 51—CONCESSION CONTRACTS › Subpart E—Right of Preference to a New Concession Contract

36 C.F.R. § 51.31

What happens if a preferred offeror does not submit a responsive proposal?

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If a preferred offeror fails to submit a responsive proposal, the offeror may not exercise a right of preference. The concession contract will be awarded to the offeror submitting the best responsive proposal.

Notes of Decisions
Cited in 2 cases, 2013–2017 · 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 4× “32 *367 because “it appears that at least one of the preferred offerors failed to submit a responsive proposal” and, therefore, that incumbent would “ha[ve] no right of preference, under 36 C.F.R. § 51.31 , and'hafve] no right to match [the plaintiffl’s proposal.”
Eco Tour Adventures, Inc. v. United States, 114 Fed. Cl. 6 (Fed. Cl. 2013). · cites it 2× “See 36 C.F.R. §§ 51.31 , 51.33. Accordingly, the court concludes that Eco Tour has standing to bring its bid protest.”
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