[Protest of NPS Contract Award for Operation of Passenger Ferry Service]

B-234219: May 9, 1989

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A firm protested a National Park Service (NPS) contract award for passenger ferry operation, contending that NPS: (1) failed to conduct discussions; (2) erroneously determined that the awardee had performed satisfactorily on the previous contract; (3) failed to consider unique features it offered in its bid; and (4) improperly conducted the procurement 4 years before the scheduled expiration of the contract. The protester also contended that the awardee planned to sell its business. GAO held that: (1) the solicitation advised that NPS could make award without conducting discussions; (2) the protester untimely filed its protests regarding the awardee's allegedly unsatisfactory contract performance and NPS procurement before contract expiration; (3) the protester failed to support its allegations regarding the awardee's sale of its business; and (4) NPS properly did not credit the protester for offering additional features which the solicitation discouraged. Accordingly, the protest was denied in part and dismissed in part.