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B-295932 1 (2005-03-18)

handle is hein.gao/gaocrptaqvr0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: White Sands Concessions, Inc. File: B-295932 Date: March 18, 2005 Janet T. White for the protester. Dana E. Jacobsen, Esq., Department of the Interior, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against the terms of a prospectus for proposals for the award of a concession contract for the operation of a gift shop and snack bar at a National Park Service visitor center is dismissed as beyond the scope of the Government Accountability Office's bid protest jurisdiction where the contract to be awarded does not involve the delivery of goods or services of more than de minimis value to the government. DECISION White Sands Concessions, Inc. protests the terms of prospectus No. WHSA001-05, issued by the Department of the Interior, National Park Service for proposals for the award of a concession contract for operation of a gift shop and snack bar in the visitor center at White Sands National Monument in New Mexico. We dismiss the protest because it does not pertain to a contract for the procurement of property or services and thus is outside the scope of our bid protest jurisdiction. Our authority to decide bid protests derives from the Competition in Contracting Act of 1984 (CICA), as amended, and encompasses written objections by interested parties to a solicitation or other request by a federal agency for offers for a contract for the procurement of property or services. 31 U.S.C. § 3551(1)(A) (2000). Where the government invites offerors to compete for a business opportunity such as a concession contract, the performance of which also involves the delivery of goods or services of more than de minimis value to the government, the contract is one for the procurement of property or services within the meaning of CICA and, therefore, is encompassed within our Office's bid protest jurisdiction. Great South Bay Marina, Inc., B-293649, May 3, 2004, 2004 CPD 108 at 2. Where, on the other hand, the

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