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B-293649 1 (2004-05-03)

handle is hein.gao/gaocrptaplv0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Great South Bay Marina, Inc. File: B-293649 Date: May 3, 2004 Dominic S. Rizzo, Esq., for the protester. Pete Raynor, Esq., National Park Service, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency had a reasonable basis to cancel a concession contract prospectus in order to reconsider its requirements, where it determined that stated estimate of amount contractor would be required to commit to improvement of government-owned facilities was inaccurate, and that recompeting the requirement after revising estimate could increase competition. DECISION Great South Bay Marina, Inc. (GSBM) protests the decision by the National Park Service (NPS) to cancel the prospectus seeking proposals for the award of a concession contract at Fire Island National Seashore. GSBM argues that the agency lacked a reasonable basis to cancel the prospectus. We deny the protest. The prospectus contemplated the award of a 10-year concession contract to provide, among other things, snack bar, maintenance, and restaurant services. The prospectus also required offerors to commit to invest $3,016,000 in the Concessions Facilities Improvement Program (CFIP), which would encompass substantial rehabilitation and reconstruction of government-owned facilities on the island. GSBM was the only offeror that responded to the prospectus. An evaluation panel reviewed the offer and determined that it was unacceptable based on a finding, among other things, that GSBM had estimated the cost of the CFIP at only $1,458,648, and thus did not commit to invest $3 million as required. The panel recommended that NPS cancel the prospectus and review the estimate. In reviewing this recommendation, the Regional Director considered the fact that, prior to the

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