54 U.S.C. § 101931 — Contract authority
submitted 10 years ago by Pub. L. 114-289 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 272 words · no verdicts yet
For a different kind of contract called a commercial services contract, the Secretary can bypass most federal procurement rules, though wage, labor, and civil rights laws still apply. These contracts can't be used for outfitter and guide services or where an existing concessioner already has a preferential renewal right.
(a) General Authority. Despite subchapter II of this chapter, the Secretary* may award and manage commercial services contracts, and related professional services contracts, to operate and expand commercial visitor facilities and visitor services programs in System* units. These contracts are limited to what's necessary and appropriate for public use and enjoyment of the unit, and consistent with preserving and conserving its resources.
(b) Additional Authority. These contracts can be awarded without following the federal laws and regulations that normally govern agency procurement — with one exception: laws and regulations about working conditions and wage rates still apply. That includes the Alaska National Interest Lands Conservation Act, sections 3141 through 3144, 3146, and 3147 of title 40 (known as the Davis-Bacon Act), and any applicable civil rights laws.
(c) Use of Commercial Services Contracts. (1) The Secretary may issue a commercial services contract when it meets the goal of expanding, modernizing, and improving commercial visitor facilities and the services provided to visitors. (2) But no contract can be awarded under this subchapter for outfitter and guide services described in section 101913(8), or to authorize facilities or services for which an existing concessioner already holds a preferential right of renewal under sections 101911 and 101913.
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.
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.), sections 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.
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.
No contracts may be awarded under this subchapter—
for the provision of outfitter and guide services described in section 101913(8); or
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 sections 101911 and 101913.
Source credit: (Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1492.)
- 2016Enacted · Pub. L. 114-289 · 130 Stat. 1492
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-289 on 2016-12-16.
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