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B-292901.2 1 (2004-02-23)

handle is hein.gao/gaocrptapip0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting 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. Decision Matter of: Shields & Dean Concessions, Inc. File: B-292901.2; B-292901.3 Date: February 23, 2004 Ruth G. Tiger, Esq., Saltman & Stevens, for the protester. Dorothy C. Slovak, Esq., Holland & Knight, for Global Golf Services, Inc., an intervenor. Alton E. Woods, Esq., Sherry Kinland Kaswell, Esq., Pamela L. Barkin, Esq., and Perri Rothemich, Esq., Department of the Interior, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where the agency failed to reasonably evaluate proposals for the award of a concession contract in accordance with the terms of the prospectus. DECISION Shields & Dean Concessions, Inc. (SHDE) protests the award of a concession contract to Global Golf Services, Inc. (GLGO) by the National Park Service (NPS), Department of the Interior, under prospectus No. GATE020-03, for the provision of visitor recreational services at two locations within the Jamaica Bay Unit of the Gateway National Recreation Area in Brooklyn, New York. SHDE, the incumbent concessioner, protests the agency's evaluation of proposals. We sustain the protest. BACKGROUND On February 12, 2003, the NPS issued the prospectus seeking competitive proposals for the award of a 10-year concession contract to provide visitor recreational services at two locations within the Jamaica Bay Unit of the Gateway National Recreation Area. At the Flatbush Avenue location, the concessioner is required to operate and manage a 75-tee golf driving range and a snack bar; in addition, the concessioner is authorized to operate and manage tennis courts, pro shop merchandising facilities, a golf training center, a club house facility, heated tees, and indoor simulated golf practice systems. At the Jacob Riis Park location, the

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