---
kind: "section"
citation: "49 C.F.R. § 23.75"
title: "49"
number: "23.75"
heading: "Can recipients enter into long-term, exclusive agreements with concessionaires?"
url: "https://uscodex.org/cfr/49/23.75"
---

# §23.75. Can recipients enter into long-term, exclusive agreements with concessionaires?

- (a) Except as provided in [paragraph (b)](#b) of this section, you must not enter into long-term, exclusive agreements for concessions.
  - (1) For purposes of this section, a long-term agreement is one having a term of more than ten years, including any combination of base term and options or holdovers to extend the term of the agreement, if the effect is a term of more than ten years.
  - (2) For purposes of this section, an exclusive agreement is one having a type of business activity that is conducted solely by a single business entity on the entire airport, irrespective of ACDBE participation.
- (b) You may enter into a long-term, exclusive concession agreement only under the following conditions:
  - (1) Special local circumstances exist that make it important to enter such agreement; and
  - (2) The responsible FAA regional office approves your plan for meeting the standards of [paragraph (c)](#c) of this section.
- (c) In order to obtain FAA approval of a long-term exclusive concession agreement, you must submit the following information to the FAA regional office, the items in [paragraphs (c)(1) through (3)](#c-1..c-3) of this section must be submitted at least 60 days before the solicitation is released and items in [paragraphs (c)(4) through (7)](#c-4..c-7) of this section must be submitted at least 45 days before contract award:
  - (1) **A description of the special local circumstances that warrant a long-term, exclusive agreement.**
  - (2) **A copy of the solicitation.**
  - (3) **ACDBE contract goal analysis developed in accordance with this part.**
  - (4) Documentation that ACDBE participants are certified in the appropriate NAICS code in order for the participation to count towards ACDBE goals.
  - (5) A general description of the type of business or businesses to be operated by the ACDBE, including location and concept of the ACDBE operation.
  - (6) Information on the investment required on the part of the ACDBE and any unusual management or financial arrangements between the prime concessionaire and ACDBE, if applicable.
  - (7) **Final long-term exclusive concession agreement, subleasing or other agreements.**
- (d) In order to obtain FAA approval of a long-term exclusive concession agreement that has been awarded through direct negotiations, you must submit the items in paragraphs [(c)(1)](#c-1) and [(3) through (7)](#c-3..c-7) of this section at least 45 days before contract award.
- (e) In order to obtain FAA approval of an exclusive concession agreement that becomes long-term as a result of a holdover tenancy, you must submit to the responsible FAA regional office a holdover plan for FAA approval at least 60 days prior to the expiration of the current lease term. The holdover plan shall include the following information:
  - (1) **A description of the special local circumstances that warrant the holdover.**
  - (2) **Anticipated date for renewal or re-bidding of the agreement.**
  - (3) **The method to be applied for renewal or re-bidding of the agreement.**
  - (4) Submission of all items required under paragraphs [(c)(3)](#c-3), [(4)](#c-4), [(6)](#c-6), and [(7)](#c-7) of this section for the agreement in holdover status or an explanation as to why the item is not available or cannot be submitted.

## Notes

### Amendments

[89 FR 24962, Apr. 9, 2024]

### Authority

Authority: 49 U.S.C. 47107 and 47113; 42 U.S.C. 2000d; 49 U.S.C. 322; E.O. 12138, 44 FR 29637, 3 CFR, 1979 Comp., p. 393.

### Source

Source: 70 FR 14508, Mar. 22, 2005, unless otherwise noted.

### Amendments

[89 FR 24962, Apr. 9, 2024]