Page:United States Statutes at Large Volume 128.pdf/3164

128 STAT. 3140 :::(i) the person, corporation, or entity is not qualified or is not likely to provide satisfactory service; or
 * (ii) the proposal is not responsive to the objectives of protecting and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
 * (C) —If all proposals submitted to the Secretary 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 concession contract that materially amends or does not incorporate the proposed terms and conditions of the concession 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 concession contract incorporating the material amendments or changes.
 * (5) —
 * (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 System unit 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 the person, corporation or entity in providing the same or similar facilities or services.
 * (iii) The financial capability of the person, corporation, or entity submitting the proposal.
 * (iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities to the public at reasonable rates.
 * (B) —The Secretary may also consider such secondary factors as the Secretary considers appropriate.
 * (C) —In developing regulations to implement this subchapter, the Secretary shall consider the extent to which plans for employment of Indians (including Native Alaskans) and involvement of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession contract should be identified as a factor in the selection of a best proposal under this section.
 * (6) —
 * (A) —The Secretary shall submit any proposed concession contract with anticipated annual gross