36 C.F.R. § 51.32

What is the process if the Director determines that the best responsive proposal was not submitted by a preferred offeror?

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If the Director determines that a proposal other than the responsive proposal submitted by a preferred offeror is the best proposal submitted for a qualified concession contract, then the Director must advise the preferred offeror of the better terms and conditions of the best proposal and permit the preferred offeror to amend its proposal to match them. An amended proposal must match the better terms and conditions of the best proposal as determined by the Director. If the preferred offeror duly amends its proposal within the time period allowed by the Director, and the Director determines that the amended proposal matches the better terms and conditions of the best proposal, then the Director must select the preferred offeror for award of the contract upon the amended terms and conditions, subject to other applicable requirements of this part.

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 3× “in their bid proposals, the NPS Regional Director told the incumbents that they were “eligible to exercise the right of preference for the award of the new Concession Contract” under 36 C.F.R. § 51.32 , assuming that they provided the information missing from their bids, and…”

Eco Tour Adventures, Inc. v. United States, 114 Fed. Cl. 6 (Fed. Cl. 2013). · cites it 2× “” 36 C.F.R. § 51.32 . The NPS’s June 20, 2013 letters to the preferred offerors complied with this regulatory provision.”

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