54 U.S.C. § 101931: Contract authority

Summary

The Secretary can award and run commercial services and related professional contracts to operate and expand visitor facilities and services in System units. Those contracts can only be used when they are needed for public use and when they protect the unit’s resources and values. These contracts may be awarded without following normal federal procurement rules, except for laws about worker conditions and wages — including the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) and sections 3141–3144, 3146, and 3147 of title 40 (Davis‑Bacon) — and civil rights laws. Contracts can be used to expand, modernize, or improve facilities and services, but not for outfitter and guide services (section 101913(8)) or where an existing concessioner has a preferential renewal right (sections 101911 and 101913).

Title 54, §101931

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)General Authority.—

Notwithstanding subchapter II, the Secretary may award and administer commercial services contracts (and related professional services contracts) for the operation and expansion of commercial visitor facilities and visitor services programs in System units. The commercial services contracts that may be awarded shall be limited to those that are necessary and appropriate for public use and enjoyment of the unit of the System in which they are located, and, that are consistent with the preservation and conservation of the resources and values of the unit.

(b)Additional Authority.—

Contracts may be awarded under subsection (a) without regard to Federal laws and regulations governing procurement by Federal agencies, with the exception of laws and regulations related to Federal government contracts governing working conditions and wage rates, including the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), section 3141–3144, 3146, and 3147 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), and any civil rights provisions otherwise applicable thereto.

(c)Use of Commercial Services Contracts.—

(1)In general.—

The Secretary may issue a commercial services contract under this subchapter when the Secretary determines that the contract meets the objectives of expanding, modernizing, and improving the condition of commercial visitor facilities and the services provided to visitors.

(2)Exceptions.—

No contracts may be awarded under this subchapter—

(A)for the provision of outfitter and guide services described in section 101913(8); or

(B)to authorize the provision of facilities or services for which the Secretary has granted to an existing concessioner a preferential right of renewal as defined in section 101911 and 101913.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska National Interest Lands Conservation Act, referred to in subsec. (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of Title 16, Conservation, and Tables.

§101931 Contract Authority