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B-290181 1 (2002-06-17)

handle is hein.gao/gaocrptaoew0001 and id is 1 raw text is: 




          G    A     0                                                Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Starfleet Marine Transportation, Inc.

          File:        B-290181

          Date:       July 5, 2002

          Deborah Y. Ho, Esq., David E. Frulla, Esq., and Stanley M. Brand, Esq., Brand &
          Frulla, for the protester.
          Gretchen L. Gaston, Esq., and William P. Horn, Esq., Birch, Horton, Bittner and
          Cherot, for Fort Sumter Tours, Inc., an intervenor.
          Sherry Kinland Kaswell, Esq., Pamela L. Barkin, Esq., Alton E. Woods, Esq., and
          Hugo Teufel, Esq., Department of the Interior, for the agency.
          Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest concerning the award of a concession contract is for consideration under
          General Accounting Office's bid protest function where the concession contract
          includes the delivery of property or services to the government.

          2. Decision by the National Park Service to cancel a concession contract prospectus
          in order to review agency requirements is unobjectionable where the action was
          reasonable and consistent with applicable regulations.
          DECISION

          Starfleet Marine Transportation, Inc. protests the decision by the Department of the
          Interior, National Park Service (NPS), to cancel the prospectus seeking proposals for
          the award of a concession contract for the operation of a ferryboat transportation
          service for Fort Sumter National Monument, South Carolina, and to extend the
          contract of the incumbent, Fort Sumter Tours, Inc. (FST). Starfleet principally
          alleges that the decision by the NPS to cancel the prospectus lacked a reasonable
          basis, and was the result of improper congressional interference.

          We deny the protest.

          Fort Sumter, the site at which the first shots of the American Civil War were fired, is
          an island fort located at the entrance of Charleston Harbor, South Carolina. An

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