36 C.F.R. § 51.35

What happens to a right of preference if the Director receives no responsive proposals?

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If the Director receives no responsive proposals, including a responsive proposal from a preferred offeror, in response to a prospectus for a qualified concession contract for which a preferred offeror exists, the Director must cancel the solicitation and may resolicit the concession contract or take other appropriate action in accordance with this part. No right of preference will apply to a concession contract resolicited under this section unless the contract is resolicited upon terms and conditions materially more favorable to offerors than those contained in the original contract.

Notes of Decisions
Cited in 4 cases, 2001–2001 · leading case: Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 142 F. Supp. 2d 54 (D.D.C. 2001).
Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 142 F. Supp. 2d 54 (D.D.C. 2001). · cites it 8× “Incumbent Concessioners’ Duty to Bid The NPHA also contests the legitimacy of 36 C.F.R. § 51.35 . This section states: If the Director receives no responsive proposals, including a responsive proposal from a preferred offeror, ■ in response to a prospectus for a qualified…”
Amfac Resorts, LLC v. Us Dept. of Interior, 142 F. Supp. 2d 54 (D.D.C. 2001). · cites it 8× “Incumbent Concessioners' Duty to Bid The NPHA also contests the legitimacy of 36 C.F.R. § 51.35 . This section states: If the Director receives no responsive proposals, including a responsive proposal from a preferred offeror, in response to a prospectus for a qualified…”
Amfac Resorts, L.L.C. v. United States Dep't of Interior, 150 F. Supp. 2d 96 (D.D.C. 2001). · cites it 2× “Further, it is ORDERED that the defendants’ motion for summary judgment [11-2, 8-2, 12-2, 6-2] is GRANTED as to all issues addressed therein, except with respect to the forfeiture of a concessioner’s statutory right of preferential renewal under 36 C.F.R. § 51.35 , for which it…”
Amfac Resorts, LLC v. Us Dept. of Interior, 150 F. Supp. 2d 96 (D.D.C. 2001). · cites it 2× “Further, it is ORDERED that the defendants' motion for summary judgment [11-2, 8-2, 12-2, 6-2] is GRANTED as to all issues addressed therein, except with respect to the forfeiture of a concessioner's statutory right of preferential renewal under 36 C.F.R. § 51.35 , for which it…”
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