B-166725(2), AUG. 11, 1969

B-166725(2): Aug 11, 1969

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BID PROTEST - CONCESSION CONTRACT DECISION TO SECRETARY OF INTERIOR INDICATING THAT IN FUTURE CONCESSION RENEWAL CONTRACTS THE DEPARTMENT SHOULD SPECIFY IN DETAIL THE BASIS FOR EVALUATION OF PROPOSALS AND HOW THE PREFERENCE PROVISIONS IN 16 U.S.C. 20D ARE TO BE APPLIED SO THAT INCUMBENT CONCESSIONERS AND OTHERS WILL. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR HOST INTERNATIONAL. YOUR ATTENTION IS SPECIFICALLY INVITED TO THAT PORTION OF OUR DECISION RELATING TO THE VIOLATION OF 16 U.S.C. 17B 1 BY FAILURE TO REPORT THE MODIFICATION ACCOMPLISHED BY THE EXCHANGE OF TELEGRAMS TO THE CONGRESS. WE HAVE CONCLUDED THAT THE AWARD OF THE CONTRACT WAS IN CONFORMANCE WITH YOUR AUTHORITY UNDER 16 U.S.C. 20D.

B-166725(2), AUG. 11, 1969

BID PROTEST - CONCESSION CONTRACT DECISION TO SECRETARY OF INTERIOR INDICATING THAT IN FUTURE CONCESSION RENEWAL CONTRACTS THE DEPARTMENT SHOULD SPECIFY IN DETAIL THE BASIS FOR EVALUATION OF PROPOSALS AND HOW THE PREFERENCE PROVISIONS IN 16 U.S.C. 20D ARE TO BE APPLIED SO THAT INCUMBENT CONCESSIONERS AND OTHERS WILL.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR HOST INTERNATIONAL, INCORPORATED, CONCERNING THE AWARD OF THE CONCESSION CONTRACT TO FRED HARVEY, INCORPORATED, FOR DEVELOPING AND OPERATING THE PRIMARY CONCESSION FACILITIES IN THE GRAND CANYON NATIONAL PARK, SOUTH RIM. YOUR ATTENTION IS SPECIFICALLY INVITED TO THAT PORTION OF OUR DECISION RELATING TO THE VIOLATION OF 16 U.S.C. 17B 1 BY FAILURE TO REPORT THE MODIFICATION ACCOMPLISHED BY THE EXCHANGE OF TELEGRAMS TO THE CONGRESS.

WHILE, AS THE DECISION NOTES, WE HAVE CONCLUDED THAT THE AWARD OF THE CONTRACT WAS IN CONFORMANCE WITH YOUR AUTHORITY UNDER 16 U.S.C. 20D, WE NEVERTHELESS BELIEVE THAT MUCH OF THE CONTROVERSY IN THIS CASE COULD HAVE BEEN AVOIDED HAD YOUR DEPARTMENT MADE KNOWN IN ADVANCE THE GROUND RULES FOR THE EVALUATION AND CONSIDERATION OF PROPOSALS AND THE MANNER IN WHICH YOUR DEPARTMENT APPLIES THE PREFERENCE PROVISION IN 16 U.S.C. 20D. IN THE INTERESTS OF FAIRNESS TO ALL PARTIES WHO MAY WISH TO SUBMIT A PROPOSAL ON A RENEWAL CONTRACT, WE FEEL THAT ALL FUTURE FACT SHEETS SHOULD SPECIFY IN DETAIL THE BASIS UPON WHICH THEIR PROPOSALS WILL BE EVALUATED AND HOW THE PREFERENCE PROVISION WILL BE APPLIED. SPECIFICALLY, IF IT IS YOUR INTENTION TO APPLY THE PREFERENCE PROVISIONS OF THE 1965 ACT IN FUTURE CASES SO AS TO PERMIT ENCUMBENT CONCESSIONERS TO MATCH THE BEST PROPOSAL RECEIVED SUCH INTENTION SHOULD BE SET FORTH IN THE FACT SHEET FULLY AND PROMINENTLY.