Ensuring High Quality Visitor Services
Concessioners fill a vital role with helping the National Park Service (NPS) carry out its mission. Private companies work with the NPS to offer necessary and appropriate services to park visitors that parks do not provide directly. By welcoming the private sector as a partner in park operations, the NPS broadens the economic base of the region and the communities surrounding parks. The Commercial Services Program administers nearly 500 concession contracts that, in total, gross over $1 billion annually. NPS concessioners employ more than 25,000 people in a variety of jobs during peak seasons, providing services ranging from food and lodging, to whitewater rafting adventures, motor coach tours and others.
Leasing/concession management/CUA management are part of the NPS Commercial Services Program.
Guidance on Labor Practices under National Park Service Concession Contracts
The NPS recently issued guidance and more recently an addendum affirming the importance of NPS concessioner compliance with the National Labor Relations Act (NLRA) and laws enforced by the Department of Labor. NPS also provided a news item on recent updates to posters on employee rights under the NLRA that are available for download and printing.
Update on implementation of EO 14026
To ensure compliance with an applicable nationwide injunction pending appeal, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, the NPS will take no action to implement or enforce the implementing regulations for Executive Order 14026 of April 27, 2021, (Increasing the Minimum Wage for Federal Contractors), codified at 29 C.F.R. part 23, in the context of seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands provided under NPS concession contracts, commercial use authorizations, and commercial leases. This includes those contracts, CUAs and leases that we issued following issuance of the EO and before the injunction or otherwise contain a clause regarding EO 14026 compliance.
Update on implementation of EO 14042
For existing contracts or contract-like instruments including concession contracts, commercial use authorizations and leases (hereinafter “contracts”) that contain a clause implementing requirements of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors:
The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.
Click above to access the latest partner public health information including that related to concession management during the COVID-19 pandemic.
Click here for the latest commercial services-specific COVID-19 policies and procedures.
Please note, the Department of Interior has updated its Workplace Safety Plan to Version 5 since the release of this guidance. As a result, links to the DOI Workplace Safety Plan, Version 4 in the guidance document are no longer relevant. Please use the link to the Version 5 plan above to see that plan.
Here is information to get you started if you want to be a NPS concessioner and tools to help the authorized concessioner: