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B-292646 1 (2003-09-30)

handle is hein.gao/gaobacyko0001 and id is 1 raw text is: 


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         G    A     0Comptroller General
 ..  ..Accountability * Integrity Reliability                       of the United States
United States General Accounting Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Ronald W. Brown

         File:       B-292646

         Date:        September 30, 2003

         Ronald W. Brown for the protester.
         Ronald W. Messerly, Snell & Wilmer, for RNPP, LLP, an intervenor.
         Allan Aasmaa, Esq., GSA-Public Buildings Service, for the agency.
         Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         1. Where solicitation for lease of property specified western boundary for area
         under consideration as a street name, and nothing in the solicitation indicated that
         agency would consider only properties on the east side of the center of the street,
         agency reasonably determined that awardee's property on west side of the street was
         acceptable.

         2. Solicitation provision stating that agency would not lease property within a
         100-year flood plain did not bar agency from awarding lease for space within a
         building that itself was not located in the flood plain, even though the periphery of
         the property on which the building was located was within the flood plain.
         DECISION

         Ronald W. Brown (RWB)  protests the award of a contract to RNPP, LLP under
         solicitation for offers (SFO) No. 1AZ0062, issued by the General Services
         Administration (GSA) to lease space for the Bureau of the Census and The Fish and
         Wildlife Service in a designated area of Tucson, Arizona. RWB asserts that the
         property offered by RNPP is not within the designated area, and that it is located in a
         flood plain in violation of the solicitation.

         We  deny the protest.

         The solicitation delineated the western boundary for the lease site as Bonita Avenue.
         SFO, amend. No. 1, § 1.2. RWB argues that the property offered by RNPP,
         at 201 N. Bonita Avenue, does not fall within this specified area because it is located

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