128 STAT. 3142
PUBLIC LAW 113–287—DEC. 19, 2014
- (II) the Secretary determines that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
- (III) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
- (C) Contract with estimated gross receipts of less than $500,000.—A concessioner that holds a concession contract that the Secretary estimates will result in gross annual receipts of less than $500,000 if renewed shall be entitled to a preferential right of renewal under this subchapter if—
- (i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
- (ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
- (9) New or additional services.—The Secretary shall not grant a preferential right to a concessioner to provide new or additional services in a System unit.
- (10) Authority of secretary not limited.—Nothing in this subchapter shall be construed as limiting the authority of the Secretary to determine whether to issue a concession contract or to establish its terms and conditions in furtherance of the policies expressed in this subchapter.
- (11) Exceptions.—Notwithstanding this section, the Secretary may award, without public solicitation, the following:
- (A) Temporary contract.—To avoid interruption of services to the public at a System unit, the Secretary may award a temporary concession contract or an extension of an existing concessions contract for a term not to exceed 3 years, except that prior to making the award, the Secretary shall take all reasonable and appropriate steps to consider alternatives to avoid the interruption.
- (B) Contract in extraordinary circumstances.—The Secretary may award a concession contract in extraordinary circumstances where compelling and equitable considerations require the award of a concession contract to a particular party in the public interest. Award of a concession contract under this subparagraph shall not be made by the Secretary until at least 30 days after—
- (i) publication in the Federal Register of notice of the Secretary’s intention to award the contract and the reasons for the action; and
- (ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
§ 101914. Term of concession contracts
A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the contract terms and conditions,