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S. 208

National Park Service Concessions Policy Reform Act of 1994

National Park Service Concessions Policy Reform Act of 1994 - Repeals the Concessions Policy Act of 1965 and establishes new provisions governing concessions policies of the National Park Service (NPS).

(Sec. 5) Authorizes the Secretary of the Interior to: (1) award concessions contracts that authorize private persons, corporations, or other entities to provide necessary and appropriate services to national park visitors and utilize park facilities consistent with applicable law and the management and concessions plans for the relevant park; and (2) upon request, to authorize by other means the provision of services, provided such authorization will have minimal impact on park resources and values and will be consistent with the purposes of, and management plans for, the park.

(Sec. 6) Requires a concessions contract to be awarded through a competitive selection process to the person submitting the best proposal, except that the Secretary may award a temporary contract on a noncompetitive basis in order to avoid an interruption of services.

Directs the Secretary, before soliciting contract proposals, to prepare, and publish notice of availability of, a prospectus that shall include minimum contract requirements, contract terms and conditions, and services to be provided by the Secretary to the concessioner.

Sets forth criteria for rejecting proposals and for selecting the best proposal, including giving preference to American concessioners. Specifies that the proposed franchise fee shall be subordinate to protecting and preserving park resources and providing appropriate facilities or services to the public at reasonable rates.

Requires the Secretary to notify specified congressional committees regarding any proposed contract with anticipated annual gross receipts exceeding $1 million or with a duration exceeding ten years.

Permits the Secretary to grant a preferential right to a concessioner to renew a contract only where: (1) estimated annual gross receipts are less than $500,000; (2) the concessioner has operated satisfactorily; and (3) the concessioner has submitted a responsive proposal for a new contract satisfying minimum requirements. Prohibits the Secretary from granting a preferential right to a concessioner to provide new or additional services at a park, except for incidental or closely related services that would enhance park safety or enjoyment or the protection of resources.

(Sec. 7) Requires each minimum franchise fee to be determined in a manner that will provide the concessioner with a reasonable opportunity to realize a profit.

(Sec. 8) Requires receipts under this Act, including fees for use of federally owned buildings or other facilities, to be: (1) covered into a special account in the Treasury and to be allocated among NPS units for resource management and protection, maintenance, interpretation; or (2) deposited into a Park Improvement Fund, to be established at the Secretary's discretion, from which expenditures shall be made for park activities and projects.

(Sec. 9) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years; and (2) two-year duration for a temporary contract.

(Sec. 10) Requires the approval of the Secretary and congressional notification before a concessions contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance.

(Sec. 11) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park pursuant to a concessions contract, after enactment of this Act, less depreciation.

(Sec. 12) Specifies criteria for judging the reasonableness of a concessioner's rates and charges to the public.

(Sec. 13) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory overall annual rating and each contract terminated.

(Sec. 14) Provides that the Comptroller General of the United States shall until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts (including those related to any Park Improvement Fund).

(Sec. 15) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties.

(Sec. 17) Requires the Inspector General of the Department of the Interior to biennially audit the Secretary's implementation of this Act and the award and management of such concession contracts and authorizations; and (2) the Secretary and the Inspector to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated and services provided pursuant to concession contracts.

Message on House action received in Senate and at the desk: House amendment to Senate bill.

Sen. Bumpers, Dale [D-AR](D-AR)Sponsor
23 cosponsors16 D7 R
23cosponsors2committees40actions11amendments9related bills35subjects
  1. Floor

    Message on House action received in Senate and at the desk: House amendment to Senate bill.

  2. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. FloorH37100

    On passage Passed by the Yeas and Nays: 386 - 30, 1 Present (Roll no. 363).

  4. Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 386 - 30, 1 Present (Roll no. 363).

  5. FloorH34400

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  6. FloorH35000

    The previous question was ordered pursuant to the rule.

  7. FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report S. 208.

  8. FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  9. FloorH32400

    The Speaker designated the Honorable Michael R. McNulty to act as Chairman of the Committee.

  10. FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 492 and Rule XXIII.

  11. FloorH8D000

    Rule provides for consideration of S. 208 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Providing for the consideration of the bill in the Committee of the Whole. Points of order against consideration of the bill for failure to comply with provisions of the Budget Act shall be waived. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment under the five minute rule the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, as modified by the amendment printed in the report accompanying this resolution. Each section of the committee amendment in the nature of a substitute, as modified, shall be considered as read. Points of order against the committee amendment, as modified, for failure to comply with clause 5(a) of rule XXI shall ...

  12. FloorH30000

    Considered under the provisions of rule H. Res. 492. (consideration: CR H6413-6430)

  13. FloorH1L220

    Rule H. Res. 492 passed House.

  14. FloorH1L210

    Rules Committee Resolution H. Res. 492 Reported to House. Rule provides for consideration of S. 208 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Providing for the consideration of the bill in the Committee of the Whole. Points of order against consideration of the bill for failure to comply with provisions of the Budget Act shall be waived. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment under the five minute rule the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, as modified by the amendment printed in the report accompanying this resolution. Each section of the committee amendment in the nature of a substitute, as modified, shall be considered as read. Points of order against the committee amendment, as modified, for failure to comply with clause 5(a) of rule XXI shall ...

  15. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 317.

  16. CommitteeH12200

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 103-571.

    Natural Resources Committee
  17. Committee5000

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 103-571.

    Natural Resources Committee
  18. CommitteeH19000

    Ordered to be Reported (Amended) by Voice Vote.

    Natural Resources Committee
  19. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Natural Resources Committee
  20. CommitteeH26000

    See Subcommittee Action Prior to Referral.

    Federal Lands Subcommittee
  21. CommitteeH11000

    Referred to the Subcommittee on National Parks, Forests and Public Lands.

    Federal Lands Subcommittee
  22. CommitteeH33000

    Subcommittee Consideration and Mark-up Session Held and Forwarded to Full Committee Amended by Voice Vote Prior to Referral by the Subcommittee on National Parks and Public Lands.

    Federal Lands Subcommittee
  23. Floor

    Message on Senate action sent to the House.

  24. IntroReferralH11100

    Referred to the House Committee on Natural Resources.

    Natural Resources Committee
  25. FloorH14000

    Received in the House.

  26. Floor

    Passed Senate with an amendment by Yea-Nay Vote. 90-9. Record Vote No: 63. (consideration: CR S3416-3418)

  27. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 90-9. Record Vote No: 63.(consideration: CR S3416-3418)

  28. Floor

    The committee substitute as amended agreed to by Voice Vote.

  29. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S3285-3288, S3311-3327)

  30. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 369.

  31. Committee

    Committee on Energy and Natural Resources. Reported to Senate by Senator Johnston with an amendment in the nature of a substitute. With written report No. 103-226. Minority views filed.

    Energy and Natural Resources Committee
  32. Committee14000

    Committee on Energy and Natural Resources. Reported to Senate by Senator Johnston with an amendment in the nature of a substitute. With written report No. 103-226. Minority views filed.

    Energy and Natural Resources Committee
  33. Committee

    Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Energy and Natural Resources Committee
  34. Committee

    Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.

    Energy and Natural Resources Committee
  35. Committee

    Subcommittee on Public Lands, National Parks. Hearings held.

    National Parks Subcommittee
  36. Committee

    Committee on Energy and Natural Resources requested executive comment from Department of the Interior, OMB.

    Energy and Natural Resources Committee
  37. Committee

    Referred to Subcommittee on Public Lands, National Parks.

    National Parks Subcommittee
  38. IntroReferral

    Read twice and referred to the Committee on Energy and Natural Resources.

    Energy and Natural Resources Committee
  39. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S718-719)

  40. IntroReferral10000

    Introduced in Senate

Jul 28, 199436

National Park Service Concessions Policy Reform Act of 1994 - Repeals the Concessions Policy Act of 1965 and establishes new provisions governing concessions policies of the National Park Service (NPS).

(Sec. 5) Authorizes the Secretary of the Interior to: (1) award concessions contracts that authorize private persons, corporations, or other entities to provide necessary and appropriate services to national park visitors and utilize park facilities consistent with applicable law and the management and concessions plans for the relevant park; and (2) upon request, to authorize by other means the provision of services, provided such authorization will have minimal impact on park resources and values and will be consistent with the purposes of, and management plans for, the park.

(Sec. 6) Requires a concessions contract to be awarded through a competitive selection process to the person submitting the best proposal, except that the Secretary may award a temporary contract on a noncompetitive basis in order to avoid an interruption of services.

Directs the Secretary, before soliciting contract proposals, to prepare, and publish notice of availability of, a prospectus that shall include minimum contract requirements, contract terms and conditions, and services to be provided by the Secretary to the concessioner.

Sets forth criteria for rejecting proposals and for selecting the best proposal, including giving preference to American concessioners. Specifies that the proposed franchise fee shall be subordinate to protecting and preserving park resources and providing appropriate facilities or services to the public at reasonable rates.

Requires the Secretary to notify specified congressional committees regarding any proposed contract with anticipated annual gross receipts exceeding $1 million or with a duration exceeding ten years.

Permits the Secretary to grant a preferential right to a concessioner to renew a contract only where: (1) estimated annual gross receipts are less than $500,000; (2) the concessioner has operated satisfactorily; and (3) the concessioner has submitted a responsive proposal for a new contract satisfying minimum requirements. Prohibits the Secretary from granting a preferential right to a concessioner to provide new or additional services at a park, except for incidental or closely related services that would enhance park safety or enjoyment or the protection of resources.

(Sec. 7) Requires each minimum franchise fee to be determined in a manner that will provide the concessioner with a reasonable opportunity to realize a profit.

(Sec. 8) Requires receipts under this Act, including fees for use of federally owned buildings or other facilities, to be: (1) covered into a special account in the Treasury and to be allocated among NPS units for resource management and protection, maintenance, interpretation; or (2) deposited into a Park Improvement Fund, to be established at the Secretary's discretion, from which expenditures shall be made for park activities and projects.

(Sec. 9) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years; and (2) two-year duration for a temporary contract.

(Sec. 10) Requires the approval of the Secretary and congressional notification before a concessions contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance.

(Sec. 11) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park pursuant to a concessions contract, after enactment of this Act, less depreciation.

(Sec. 12) Specifies criteria for judging the reasonableness of a concessioner's rates and charges to the public.

(Sec. 13) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory overall annual rating and each contract terminated.

(Sec. 14) Provides that the Comptroller General of the United States shall until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts (including those related to any Park Improvement Fund).

(Sec. 15) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties.

(Sec. 17) Requires the Inspector General of the Department of the Interior to biennially audit the Secretary's implementation of this Act and the award and management of such concession contracts and authorizations; and (2) the Secretary and the Inspector to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated and services provided pursuant to concession contracts.

Jun 30, 199417

National Park Service Concessions Policy Reform Act of 1994 - Repeals the Concessions Policy Act of 1965 and establishes new provisions governing concessions policies of the National Park Service (NPS).

(Sec. 5) Authorizes the Secretary of the Interior to: (1) award concessions contracts that authorize private persons, corporations, or other entities to provide necessary and appropriate services to national park visitors and utilize park facilities consistent with applicable law and the management and concessions plans for the relevant park; and (2) upon request, to authorize by other means the provision of services, provided such authorization will have minimal impact on park resources and values and will be consistent with the purposes of, and management plans for, the park.

(Sec. 6) Requires concessions contract to be awarded through a competitive selection process to the person submitting the best proposal, except that the Secretary may award a temporary contract on a noncompetitive basis in order to avoid an interruption of services.

Directs the Secretary, before soliciting contract proposals, to prepare, and publish notice of availability of, a prospectus that shall include minimum contract requirements, contract terms services to be provided by the Secretary to the concessioner.

Sets forth criteria for rejecting proposals and for selecting the best proposal. Specifies that the proposed franchise fee shall be subordinate to protecting and preserving park resources and providing appropriate facilities or services to the public at reasonable rates.

Requires the Secretary to notify specified congressional committees regarding any proposed contract with anticipated annual gross receipts exceeding $1 million or with a duration exceeding ten years.

Permits the Secretary to grant a preferential right to a concessioner to renew a contract only where: (1) estimated annual gross receipts are less than $500,000; (2) the concessioner has operated satisfactorily; and (3) the concessioner has submitted a responsive proposal for a new contract satisfying minimum requirements. Prohibits the Secretary from granting a preferential right to a concessioner to provide new or additional services at a park, except for incidental or closely related services that would enhance park safety or enjoyment or the protection of resources.

(Sec. 7) Requires each minimum franchise fee to be determined in a manner that will provide the concessioner with a reasonable opportunity to realize a profit.

(Sec. 8) Requires receipts under this Act to be: (1) covered into a special account in the Treasury and to be allocated among NPS units for resource management and protection, maintenance, interpretation; or (2) deposited into a Park Improvement Fund, to be established at the Secretary's discretion, from which expenditures shall be made for park activities and projects.

(Sec. 9) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years; and (2) two-year duration for a temporary contract.

(Sec. 10) Requires the approval of the Secretary and congressional notification before a concessions contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance.

(Sec. 11) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park pursuant to a concessions contract, after enactment of this Act, less depreciation.

(Sec. 12) Specifies criteria for judging the reasonableness of a concessioner's rates and charges to the public.

(Sec. 13) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated.

(Sec. 14) Provides that the Comptroller General of the United States shall until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts (including those related to any Park Improvement Fund).

(Sec. 15) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties.

(Sec. 17) Requires the Inspector General of the Department of the Interior to biennially audit the Secretary's implementation of this Act and the award and management of such concession contracts and authorizations; and (2) the Secretary and the Inspector to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated and services provided pursuant to concession contracts.

Mar 22, 199435

National Park Service Concessions Policy Reform Act of 1994 - Repeals the Concessions Policy Act of 1965.

(Sec. 5) Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems appropriate in the National Park System (NPS).

(Sec. 6) Requires a concessions contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services.

Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a Park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or of a duration exceeding ten years.

Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concessions contracts under this Act, with exceptions; or (2) provide new or additional services at a park.

(Sec. 7) Sets forth criteria for determining franchise fees. Requires all fees to be: (1) covered into a special Treasury account established for reallocation to NPS units for resource management and protection, maintenance activities, interpretation, and research; or (2) deposited into a Park Improvement Fund established by the concessioner (as directed by the Secretary) from which expenditures shall be made for park activities and projects.

(Sec. 9) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract, for up to 20 years; and (2) two-year duration for a temporary contract.

(Sec. 10) Requires the approval of the Secretary and congressional notification before a concessions contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance.

(Sec. 11) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park after enactment of this Act.

(Sec. 12) Places limitations on a concessioner's rates and charges to the public.

(Sec. 13) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated.

(Sec. 14) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts.

(Sec. 15) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties.

(Sec. 17) Requires the Inspector General of the Department of the Interior to submit biannual reports to the Senate Committee on Energy and Natural Resources and the appropriate committees of the House of Representatives on the implementation of this Act and its effect on facilities operated pursuant to concession contracts and on visitor services.

Feb 11, 199401

National Park Service Concessions Policy Reform Act of 1994 - Repeals the Concessions Policy Act of 1965.

Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems appropriate in the National Park System (NPS).

Requires a concessions contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services.

Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a Park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or of a duration exceeding ten years.

Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concessions contracts under this Act, with exceptions; or (2) provide new or additional services at a park.

Sets forth criteria for determining franchise fees. Requires all fees to be: (1) covered into a special Treasury account established for reallocation to NPS units for resource management and protection, maintenance activities, interpretation, and research; or (2) deposited into a Park Improvement Fund established by the concessioner (as directed by the Secretary) from which expenditures shall be made for park activities and projects.

Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years; and (2) two-year duration for a temporary contract.

Requires the approval of the Secretary and congressional notification before a concessions contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance.

Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park after enactment of this Act.

Places limitations on a concessioner's rates and charges to the public.

Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated.

Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties.

Jan 26, 199300

National Park Service Concessions Policy Reform Act of 1993 - Repeals the Concessions Policy Act of 1965. Provides that such repeal shall not affect the validity of any contract entered into under such Act. Applies the provisions of this Act to such contract to the extent such provisions are inconsistent with the express terms and conditions of it.

Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services in the National Park System.

Requires a concessions contract to be awarded only through competitive bid procedures. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services.

Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concessions contracts under this Act, with exceptions or; (2) provide new or additional services at a park.

Sets forth a formula for determining franchise fees.

Establishes a maximum: (1) ten-year duration for a concessions contract; and (2) two-year duration for a temporary one.

Requires the approval of the Secretary before a concessions contract can be transferred, assigned, sold, or conveyed.

Protects certain possessory interest of concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act.

Requires all concessions contracts to make concessioners responsible for utility costs.

Amends Federal law that authorizes the Secretary to provide utility services to concessioners on a reimbursement of appropriation basis.

Places limitations on a concessioner's rates and charges to the public.

Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties.

Amends the Historical Sites, Buildings and Antiquities Act to repeal provisions authorizing the Secretary to grant concessioner contracts, leases, or permits without advertising and securing competitive bids.