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B-205846 1 (1982-04-01)

handle is hein.gao/gaobadker0001 and id is 1 raw text is: 

                                         A<,

                                            To-in QOMPTROLElRAL
                   I)ECISION,               or THE UNITED STATRE
                                            WABHINg'rON, 0, C. 20540



                   FILE: 3-2O5846                 DATE: Apri I, 1982

                   MATTER OF: Departmelit of the lnterior--Request
                                 for Advance Decision; Yosemite
                                 Park and Curry Company
                   DIGEST:

                   1.   Inherent in ordinary definition of
                        word concession is thee notion that
                        a concession operation yives rise to
                        revenues trom the concessioner's
                        right to undertaate and profit oy a
                        specified             licivity kuievcr, as to
                        Yoseitite Park. bus shuttle system, it
                        is clear that appropriated funds rather
                        than concelision revenues have buez
                        source oi tinanciny for bontract to
                        owerate vystem as w4.1 as proposed
                        systtrn contract. ±%herefoce, bxibtlna9
                        coucessioner at pari; is not euititlvd
                        to riyht ot first refusal ror proposed
                        conitract.

                  20   erotest against solicitatiou aetects is
                       untimely filed with Uus O. If protest was
                       timely filed %,ith procuriny agency vefore
                       solicitation's closing date, suobequent
       ..              protest to WW , was unti-mely made several
  * .                  months after procuring agency took initial
                       adverse action on the protest.  See.4 -.F.R.
                         21.2(a) (1961). Alternatively, if protest
                       was not filed before ciosing uato with pro-
                       curing agency but was, instead, first filed
                       with GAO after closing date, then protest is
 f                     still untimely.  See 4 C.... § 21.2(b)(1)


                  an   The United States Department of the Interior requests
                  an advatice decision on the propriety of the N-1ational
 '!               Park Service's proposed award of a contract under request
 't J             ior proposals (RtP) Uo. o3UU-S.-0l.  The contract is to
                  provide shuttle transportaLion services to visitors within
 ',,              Yosemite National Park.  Yosemite Para and Curry Company
 d                (YLCC) has asserted a preferential riyht (that is, a
 if,              right of tirst retusal) to proviae ttue transportation

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