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B-410998 1 (2015-04-14)

handle is hein.gao/gaobadrbs0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: DNC Parks & Resorts at Yosemite, Inc. File: B-410998 Date: April 14, 2015 Jennifer A. Shah, Esq., Nicolas J. Rotsko, Esq., and Spencer L. Durland, Esq., Phillips Lytle LLP, Thomas P. McLish, Esq., and Joseph W. Whitehead, Esq., Akin Gump Strauss Hauer & Feld LLP, for the protester. Melissa Lackey, Esq., and Daniel Pulver, Esq., Department of the Interior, for the agency. Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Government Accountability Office (GAO) has jurisdiction to hear a protest of the terms of a National Park Service concession prospectus where, in addition to authorizing the contractor to furnish concession services, the prospectus requires the contractor to furnish goods and services of more than a de minimus value to the government. 2. Where an agency refuses to furnish an agency report responding to a protest, GAO will decide the protest on the basis of the documents available, even if that record is limited to documents submitted by the protester. 3. GAO will not resolve disputes involving interpretation of an existing contract between the protester and the agency, even where the value of the assets to be acquired by the follow-on contractor from the protester bears upon evaluation factors of the current solicitation, because this involves a matter of contract administration not subject to GAO's review. 4. Protest challenging a solicitation's estimate for the value of assets that the successor contractor will be required to acquire from the incumbent contractor as creating material uncertainty prohibiting a reasonable comparative evaluation of proposals is dismissed where the protester failed to establish that it is an interested party to challenge the estimates in the absence of any competitive prejudice.

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