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B-402520,B-402520.2 1 (2010-05-03)

handle is hein.gao/gaobadbhr0001 and id is 1 raw text is: 




         ,G    A     O                                                Comptroller General
LXn ,  Accountability * Integrity * Reliability                        of the United States
United States Government Accountability 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:  CESC Skyline, LLC

          File:       B-402520; B-402520.2

          Date:       May  3, 2010

          Mary Beth Bosco, Esq., Elizabeth Gill, Esq., and John Sharp, Esq., Patton Boggs LLP,
          for the protester.
          Michael A. Hordell, Esq., and Stanley R. Soya, Esq., Pepper Hamilton LLP, for EREH
          Phase I LLC; Marcia G. Madsen, Esq., David F. Dowd, Esq., Roger D. Waldron, Esq.,
          and Polly Myers, Esq., Mayer Brown LLP, for GBA Associates Limited Partnership,
          the intervenors.
          Jeffrey H. Dunn, Esq., General Services Administration, for the agency.
          Edward  Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest challenging accelerated occupancy deadlines established in solicitation for
          acquisition of lease space in connection with the 2005 round of Department of
          Defense base realignments and closures is denied; protester's contention that the
          occupancy deadlines do not constitute legitimate requirements is without merit
          where the record shows that they are necessary to meet statutorily-imposed
          deadlines.
          DECISION

          CESC  Skyline, LLC of Arlington, Virginia, protests the terms of solicitation for offers
          (SFO) No. 9VA2175, issued by the General Services Administration (GSA), seeking
          office and related space in Northern Virginia to house the Department of Defense
          (DOD)  Medical Command  Headquarters. The procurement  is related to the 2005
          round of DOD base realignments and closures authorized by the National Defense
          Authorization Act for Fiscal Year 2002, Pub. L. No. 107-107, Title XXX (2001), in
          connection with the Defense Base Realignment and Closure (BRAC) Act of 1990,
          Pub. L. No. 101-510, Title XXIX (1990) (as amended). CESC argues that the SFO is
          unduly restrictive of competition in violation of the Competition in Contracting Act
          (CICA) of 1984, and that it is defective because it fails to provide prospective
          offerors certain information necessary to prepare a proposal.


We deny the protest.

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