36 C.F.R. § 51.6
Will a concession contract be developed for a particular potential offeror?
The terms and conditions of a concession contract must represent the requirements of the Director in accordance with the purposes of this part and must not be developed to accommodate the capabilities or limitations of any potential offeror. The Director must not provide a current concessioner or other person any information as to the content of a proposed or issued prospectus that is not available to the general public.
Notes of Decisions
Cited in 2
cases, 1991–2014 · leading case: Jordan Pond Co., LLC v. United States, 115 Fed. Cl. 623 (Fed. Cl. 2014).
Jordan Pond Co., LLC v. United States, 115 Fed. Cl. 623 (Fed. Cl. 2014). “, 36 C.F.R. §§ 51.6 , 51.16, 51.17. Further, the internal guidance documents used in this competition also reflect that an incumbent’s knowledge of the concession should not unduly advantage that offeror’s proposal ratings.”
Hamilton Stores, Inc. v. Hodel, 925 F.2d 1272 (10th Cir. 1991). “”), when the NPS was legally obligated to follow the procedures set forth in 36 C.F.R. § 51.6 (1980) (“Preferential right for additional services where a right to additional services and facilities exists by specific contract provisions.”
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