---
kind: "section"
citation: "36 C.F.R. § 51.46"
title: "36"
number: "51.46"
heading: "May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?"
url: "https://uscodex.org/cfr/36/51.46"
---

# §51.46. May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?


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.


## Notes

### Amendments

[65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000]

### Authority

Authority: 54 U.S.C. 101901-101926 and title IV of the National Parks Omnibus Management Act of 1998 (Pub. L. 105-391).

### Source

Source: 65 FR 20668, Apr. 17, 2000, unless otherwise noted.

### Amendments

[65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000]