Following up on a prior article, the National Park Service recently agreed to award a concession contract to a disappointed offeror who challenged the agency’s decision not to award the contract to the offeror. The offeror had challenged the agency’s decision in court, and the court had agreed that NPS had failed to act in accordance with the regulations which applied to its evaluation and award of concession contracts. After the court had found that the offeror had met the factors allowing the court to order the agency to award the contracts to the rightful party, the parties voluntarily agreed on terms to resolve the claim.
The terms included assurances that the agency would award essentially the same contract to the offeror which it would have received had it been awarded the contract initially. Because certain changes to the use of the area had occurred since the initial prospectus, the parties agreed that certain adjustments were appropriate to reflect these changes. In addition, while the offeror had previously been paid the costs of preparing its proposal by NPS, the agency agreed to waive its right to repayment of those funds in exchange for the offeror waiving its right to collect its attorneys’ fees from the agency.