Page:United States Statutes at Large Volume 112 Part 5.djvu/747

 PUBLIC LAW 105-391—NOV. 13, 1998 112 STAT. 3505 (F) A statement as to the weight to be given to each selection factor identified in the prospectus and the relative importance of such factors in the selection process. (G) Such other information related to the proposed concessions operation as is provided to the Secretary pursuant to a concessions contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow for the submission of competitive proposals. (H) Where applicable, a description of a preferential right to the renewal of the proposed concessions contract held by an existing concessioner as set forth in paragraph (7). (4) MINIMUM REQUIREMENTS. — (A) No proposal shall be considered which fails to meet the minimum requirements as determined by the Secretary. Such minimum requirements shall include the following: (i) The minimum acceptable franchise fee or other forms of consideration to the Government. (ii) Any facilities, services, or capital investment required to be provided by the concessioner. (iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the unit of the National Park System. (B) The Secretary shall reject any proposal, regardless of the franchise fee offered, if the Secretary determines that the person, corporation, or entity is not qualified, is not likely to provide satisfactory service, or that the proposal is not responsive to the objectives of protecting and preserving resources of the unit of the National Park System and of providing necessary and appropriate facilities and services to the public at reasonable rates. (C) If all proposals submitted to the Secretary either fail to meet the minimum requirements or are rejected by the Secretary, the Secretary shall establish new minimum contract requirements and re-initiate the competitive selection process pursuant to this section. (D) The Secretary may not execute a concessions contract which materially amends or does not incorporate the proposed terms and conditions of the concessions contract as set forth in the applicable prospectus. If proposed material amendments or changes are considered appropriate by the Secretary, the Secretary shall resolicit offers for the concessions contract incorporating such material amendments or changes. (5) SELECTION OF THE BEST PROPOSAL. —(A) In selecting the best proposal, the Secretary shall consider the following principal factors: (i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving resources of the unit of the National Park System and of providing necessary and appropriate facilities and services to the public at reasonable rates. (ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of such person, corporation or entity in providing the same or similar facilities or services.

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