Re: Gettysburg National Park

Dear Mr. Stanton:

On behalf of the Monahan Group, this firm hereby protests the decision of the National Park Service ("NPS") in selecting Kinsey Equities, Inc.'s proposal to construct a Visitors Center and Museum at the Gettysburg National Military Park. As discussed below, the selection process was not conducted in accordance with the selection criteria set out in the Request for Proposals ("RFP") (1)

First the RFP requires that the recommended site "must be owned or subject to an agreement or contract that ensures the sites availability (RFP at 12). Upon information and belief it appears that the site proposed by Kinsley was not owned by the NPS or Kinsley or subject to any binding agreement at the time the proposals were submitted. This is evidenced, in part, by the fact that the McGorrisk Group also proposed using the exact same site for its facility (See Recommendations of NPS Evaluation Panel

Second , the site recommended by Kinsley violates the RFP's stated goal of encouraging restoration and preservation of all hallowed ground of the battlefield (See RFP at 10,11,15 and 24). The selection site is inside the boundaries of the battlefield as defined by Congress and would result in the construction of buildings, roads and parking lots on land that is of tremendous historical significance. The RFP was very explicit that the "great majority of land within park boundaries is historic, incorporating features such as lines of battle, memorials, markers, or views important to the battle's history and interpretation and therefore very unlikely to be suitable for development"(RFP at 12). Clearly, the selection of the Kinsley site directly conflicts with the RFP and the mission of the NPS at Gettysburg-to preserve the hallowed ground within Congressionally designated boundaries of the park.

Third, the selected site is not "of sufficient size to meet the minimum NPS programmatic requirements" and does not provide "for access and circulation appropriate to and adequate for the proposed development," as required by the RFP(RFP at 15). Nor is the proposed site accessible from existing "major roads"(RFP at 16). Moreover, the selected site would subject the existing neighborhoods to a dramatic increase in the amount of traffic, noise, pollution in direct contradiction of the RFP(see RFP at 16).

Fourth, in addition to its failure to review the Kinsley proposal in accordance with the RFP, the NPS acted arbitrarily and capriciously in its review of the Monahan Group's proposal. In it's October 13, 1997 memorandum, Michael Adlerstein sets forth the recommendations of the NPS evaluation panel. On page 6 of this memorandum, Adlerstein states incorrectly that the Monahan proposed site is "approximately 3 miles from the park" and on page 11, "several miles from the park." In fact, the site proposed by the Monahan Group is located within a few hundred yards of the Gettysburg National Military Park. As the proposed location of the Museum and Visitors center is perhaps the most important single aspect of the proposal to the NPS, any decision by the NPS that is dependent on the inaccurate understanding of the location of a proposed site must be overturned.

Finally, based on knowledge and belief, the NPS had an additional round of discussions with Kinsley. No such additional discussions were held with The Monahan Group. The Federal Acquisition Regulations require the government to hold discussions with all offerors in competitive range if it holds discussions with any one offeror. If the NPS had held these same discussions with The Monahan Group, they would have been able to clear up any misunderstandings the NPS had concerning the Monahan proposal, including the proximity to the site to the battlefield and the proposed financing of the facilities. Accordingly, the process was not conducted properly and the NPS's selection should be reconsidered.

The Monahan Group requests a ruling by the NPS on its protest and that the NPS select the Monahan Group's proposal to construct the facilities, because it best satisfies all the stated goals of the RFP. Alternatively, we ask the NPS to reevaluate all the proposals in accordance with the selection criteria. The Monahan Group will be represented in this protest by this firm. Please address all correspondence to the undersigned.

Sincerely,

Scott Heimberg

Patrick J Christmass II

Akin, Grump, Strauss, Hauer and Feld L.L.P

cc: Michael Alderstein

(1) The Monahan Group was notified of the selection of Kinsley equities by letter dated November 6, 1997. Accordingly this protest is timely.