{"data":{"id":"us/36-cfr-51.46","jurisdiction":"us","citation":"36 CFR 51.46","heading":"May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?","body":"The Director may determine that a concessioner has not operated satisfactorily on an overall basis during the term of a current concession contract, and therefore is not a preferred offeror, after a prospectus for a new contract has been issued and prior to the selection of the best proposal submitted in response to a prospectus. In circumstances where the usual time of an annual evaluation of a concessioner's performance may not occur until after the selection of the best proposal submitted in response to a prospectus, the Director will make an annual performance evaluation based on a shortened operations period prior to the selection of the best proposal. Such shorter operations period, however, must encompass at least 6 months of operations from the previous annual performance evaluation. In the event the concessioner receives a second less than satisfactory annual evaluation (including, without limitation, one based on a shortened operations period), the prospectus must be amended to delete a right of preference or canceled and reissued without recognition of a right of preference to the new concession contract.","path":["Title 36—Parks, Forests, and Public Property","CHAPTER I—NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR","PART 51—CONCESSION CONTRACTS","Subpart F—Determining a Preferred Offeror"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-36.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:44Z","sha256":"96069e627fc938e930b3900fc81bd04d969cf49e79100ccf075dbb92b19ecbce","source_id":"us-cfr","stale":true,"prev":"us/36-cfr-51.45","next":"us/36-cfr-51.47"},"notice":"GroundRules: Original legal text. Not legal advice."}