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B-293352 1 (2004-02-26)

handle is hein.gao/gaobacypn0001 and id is 1 raw text is: Il im G A 0Comptroller General . .Accountability * Integrity * Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: The Williams Brothers Corporation of America File: B-293352 Date: February 26, 2004 Richard L. Moorhouse, Esq., L. James D'Agostino, Esq., Leigh T. Hansson, Esq., and Natalia W. Geren, Esq., Reed Smith, for the protester. Robert J. McCall, Esq., General Services Administration, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly waived solicitation requirement that offers include a conditional commitment of financing for construction of a building to be leased is denied where record shows that neither protester's nor awardee's offer included commitments that satisfied the solicitation requirements, and that agency thus treated the two firms equally. 2. Protest that agency improperly changed two solicitation requirements in awarding lease is denied, where protester does not allege or show that it was competitively prejudiced by the agency's actions. DECISION The Williams Brothers Corporation of America protests the award of a lease to H.H. Drew, LLC under General Services Administration (GSA) solicitation for offers (SFO) No. 3VA0054, for a facility to be occupied by the Bureau of Alcohol, Tobacco and Firearms in Front Royal, Virginia. Williams maintains that Drew's offer did not include required evidence of a conditional commitment of funds, and that the agency improperly modified two material terms of the SFO in the awarded lease. We deny the protest. The SFO contemplated the award of a lease for approximately 25,000 rentable square feet for a base period of 10 years, with two 5-year options. Offerors were advised that the agency would make award to the firm submitting the lowest-priced offer conforming to the requirements of the SFO. The agency received two offers and made award to Drew as the firm submitting the lowest-priced conforming offer.

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