This draft template outlines how National Park Service officials can reach agreements for concessions to keep operating in a given park, even in the midst of a government shutdown.
Conditional Approval for Concession to Remain Open
VIA ELECTRONIC MAIL: NO HARD COPY TO FOLLOW
United States Department of the Interior
National Park Service
This agreement is necessary to allow [Concessioner Name] (Concessioner), which operates
under Contract No. to remain open during a government shutdown.
Acting as Superintendent, I approve your request to remain open subject to the terms and
conditions of the Contract, including without limitation the Contract?s Operating Plan and
My decision to allow the Concessioner to remain open is contingent upon written
acknowledgment that the Concessioner is aware of and agrees:
1. During the period of the government shutdown, the NPS has limited resources to
support the Concessioner under the Contract in terms of law enforcement and security,
health and safety, and other contractual services, and further lacks the ability to address
any contract or Operating changes, inspections or other administrative functions
associated with the Contract. Notwithstanding limited resources, the
Concessioner agrees to comply with all of its obligations under the Contract. In
particular, the fact that the NPS may be unable to provide the same level of oversight,
law enforcement and other services as may be called for in the Contract shall not lessen
or invalidate the Concessioner?s indemnification obligations under the Contract [Insert
appropriate section: Category contracts: Sec. 12(a), Category II contracts: Sec. 11(a),
and Category contracts: Addendum 1, Sec.
2. The Concessioner?s remaining open shall be contingent on its ability to operate the
concession without the NPS incurring any expenditure in violation of the Anti?Deficiency
Act during the government shutdown. Such expenditures may occur, for example, if
conditions become unsafe ?weather, deteriorating road conditions, garbage build-up,
resource damage, etc. Accordingly, the Concessioner shall use diligent efforts to advise
visitors to the Concession Facilities and prospective visitors who communicate with it
through its reservations systems that, although [Concession Facility Name] is open and
accessible, other park facilities such as restrooms remain closed and no visitor services,
including waste removal, maintenance, snow plowing, and public information, will be
provided. if the. NPS subsequently determines that operation of this concession will
cause it to incur any expenditure in violation of the Antideficiency Act, the NPS may
have to suspend the Contract and require the Concessioner to cease operations during
the remainder of the government shutdown.
3. In the event that the NPS determines that continued operation of this concession will
cause it to incur expenditures in violation of'the Antideficiency Act, the Concessioner
may provide funding or in-kind services to the NPS to support the park operational
activities required to avoid suspension of the Contract. Suc?h funding must be provided
in the form of a cash or in-kind donation, and the Concessioner will receive no
reimbursement or other financial or contractual consideration in exchange. These
arrangements are at the discretion of the Park Superintendent and will be governed by a
separate donation agreement.
4. Nothing in this letter shall affect any of rights, powers, or authorities as set forth
- in the Contract, or in applicable regulations and statutes.
Please acknowledge by reply email by a senior authorized signatory of the Concessioner that
these terms are satisfactory.
Terms and Conditions to Remain Open during Government Shutdown
Title (if applicable)