US Code
SUBCHAPTER III— COMMERCIAL SERVICES AUTHORIZATION
§ 101931. Contract authority

(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.), 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.
(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 sections 101911 and 101913.