Shields & Dean Concessions, Inc., B-292901.2; B-292901.3, February 23, 2004

Shields & Dean Concessions, Inc., B-292901.2; B-292901.3, February 23, 2004 TITLE: Shields & Dean Concessions, Inc., B-292901.2; B-292901.3, February 23, 2004 BNUMBER: B-292901.2; B-292901.3 DATE: February 23, 2004 ********************************************************************** Shields & Dean Concessions, Inc., B-292901.2; B-292901.3, February 23, 2004 DOCUMENT FOR PUBLIC RELEASE 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 concessioner is required to operate and manage an 18-hole pitch and putt golf course and to provide limited food service; in addition, the concessioner is authorized to operate and manage miniature golf and baseball batting practice facilities.[1] The prospectus was issued pursuant to the National Park Service Concessions Management Improvement Act of 1998, 16 U.S.C. S: 5951 et seq. (2000). One of the primary objectives of this statute is the enhancement of competition in NPS concession contracting. See 36 C.F.R. Part 51. Specifically, the statute established a competitive selection process for the award of concession contracts. The prospectus identified SHDE as the incumbent concessioner, stating that SHDE *has operated satisfactorily during the terms of [its] two concession authorizations, and is expected to compete for the new contract.* Prospectus, Business Opportunity, at 2. Under the prospectus, the NPS would select the *responsive proposal with the highest cumulative point score as the best proposal.* Prospectus, Proposal Instructions, at 3. The prospectus stated that only an offeror submitting a *responsive* proposal was eligible for award, defining a *responsive* proposal as a timely submitted proposal that is determined by the [NPS] as agreeing to all of the minimum requirements of the new concession contract and prospectus and as having provided the information required by the prospectus. Id. at 1. The prospectus included the following five *principal selection factors* (PSF): (1) the responsiveness of the proposal to the objectives, as described in the prospectus, of protecting, conserving, and preserving resources of the park area; (2) the responsiveness of the proposal to the objectives, as described in the prospectus, of providing necessary and appropriate visitor services at reasonable rates; (3) the experience and related background of the offeror, including the past performance and expertise of the offeror in providing the same or similar visitor services as those to be provided under the concession contract; (4) the financial capability of the offeror to carry out its proposal; and (5) the amount of the proposed minimum franchise fee,[2] if any, and/or other forms of financial consideration to the NPS.