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B-402310.6 1 (2010-08-04)

handle is hein.gao/gaobadbla0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
       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:  Sherman  Plaza, Inc.

          File:        B-402310.6

          Date:        August 4, 2010

          David T. Ralston Jr., Esq., and Frank Murray, Esq., Foley & Lardner LLP, for the
          protester.
          Scott Arnold, Esq., and Pablo Nichols, Esq., Dickstein Shapiro LLP, for FCS Partners,
          LLC, the intervenor.
          Peter S. Kraemer, Esq., Department of Veterans Affairs, for the agency.
          Paula A. Williams, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          1. Protest that agency's evaluation and selection decision were flawed is denied
          where the record shows that both the evaluation and the resulting selection decision
          were reasonable and consistent with the solicitation's evaluation factors.

          2. Where during the course of corrective action the agency called for submission of
          final revised offers and expressly advised offerors that it would not conduct
          clarifications, negotiations, or discussions, protest that agency should have
          conducted discussions is essentially an untimely challenge to the terms of the
          amended  solicitation.
          DECISION

          Sherman  Plaza, Inc., of Madison, Wisconsin, protests the award of a lease by the
          Department  of Veterans Affairs (VA) to FCS Partners, LLC, of Middleton, Wisconsin,
          under solicitation for offers (SFO) No. VA-101-09-RP-0064, for office space to be
          occupied by the VA's Consolidated Patient Account Center (CPAC). Sherman
          contends that the VA made various errors in the evaluation of offers and in the
          subsequent selection decision.


We  deny the protest.

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