Following up a prior post on this site, the National Park Service (NPS) recently agreed to award a concession contract to a disappointed offeror who had challenged the agency’s prior decision not to award the contract to the offeror. The concession contract involved winter guide services in Grand Teton National Park. NPS had initially decided to award contracts to two other incumbent entities based on their right of preference even though the offeror had submitted the highest rated proposal.
The offeror challenged the agency’s decision in court, and the court agreed that NPS had failed to act in accordance with the regulations which applied to its evaluation and award of concession contracts. The court found that the agency should have awarded the contract to the plaintiff pursuant to the applicable law and that the court had the authority to force the award of the contract if necessary. Based on the court’s conclusions and findings, NPS then voluntarily agreed to resolve the claim by awarding the contract to the disappointed offeror.
The offeror was represented by The Garden Law Firm, P.C.