2015 U.S. Comp. Gen. LEXIS 110; 2015 Comp. Gen. Proc. Dec. P127

 2015 U.S. Comp. Gen. LEXIS 110; 2015 Comp. Gen. Proc. Dec. P127

Opinion

[EDITOR'S NOTE: PAGE NUMBERS APPEARING IN BOLD BRACKETS, [CPD 1], REFLECT THE OFFICIAL PAGINATION OF THE U.S. COMPTROLLER GENERAL PROCUREMENT DECISIONS.]

[CPD 2] 

DECISION

DNC Parks & Resorts at Yosemite, Inc. (DNC), of Buffalo, New York, challenges the terms of prospectus No. CC-YOSE004-16, which was issued by the Department of the Interior, National Park Service (NPS), for a concession contract to operate, maintain, and make improvements to national park facilities located in Yosemite National Park and the El Portal Administrative Site. DNC, the incumbent contractor, argues that the Prospectus is inconsistent with applicable regulations and will not allow for a reasonable assessment of proposals because it is based on a flawed estimate of the initial capital investment that a non-incumbent awardee would be required to make by purchasing the incumbent contractor's [*2]  assets.

We dismiss the protest.

BACKGROUND

The Prospectus seeks proposals to conduct the concession operations at Yosemite National Park and the El Portal Administrative Site, including overnight accommodations, food and beverage, retail, auto fuel, recreation activities, and related services. Prospectus, Bus. Opp., at 1. The Prospectus anticipates the award of a 15-year contract. Id. at 12. The concessioner, in exchange for the right to conduct the concession operations, will be required to pay the agency a portion of gross receipts, or a "franchise fee." Id., Draft Contract, at 15. The minimum franchise fee is eight percent. Id., amend. No. 12, at 3. ¹ 

The Prospectus and resulting award are subject to NPS's Concession Contracts regulations, located at 36 C.F.R. part 51. Id., Bus. Opp., at 1; Proposal Instructions, at 1. Consistent with the requirements of 36 C.F.R. § 51.17, NPS, for purposes of award, is to consider the following evaluation factors:

. Primary Factor 1 (0-5 points) -- The responsiveness of the proposal to the Prospectus' objectives of protecting, conserving, and preserving resources of the park.

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