§ 51.46. May the Director determine that a concessioner has not operated satisfactorily after a prospectus is issued?
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/us/cfr/t36/s§ 51.46·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Director may determine that a concessioner has not operated satisfactorily on an overall basis during the term of a current concession contract, and therefore is not a preferred offeror, after a prospectus for a new contract has been issued and prior to the selection of the best proposal submitted in response to a prospectus. In circumstances where the usual time of an annual evaluation of a concessioner's performance may not occur until after the selection of the best proposal submitted in response to a prospectus, the Director will make an annual performance evaluation based on a shortened operations period prior to the selection of the best proposal.
Such shorter operations period, however, must encompass at least 6 months of operations from the previous annual performance evaluation. In the event the concessioner receives a second less than satisfactory annual evaluation (including, without limitation, one based on a shortened operations period), the prospectus must be amended to delete a right of preference or canceled and reissued without recognition of a right of preference to the new concession contract. \[65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000\]