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B-404997,B-404997.2 1 (2011-07-22)

handle is hein.gao/gaobadbwp0001 and id is 1 raw text is: 



L         G     A    O                                                    Comptroller General
        Accountability * Integrity * Reliability                           of the United States
United States Government Accountability Office  DOCUMENT FOR PUBLIC REEASE
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:   901  North Fifth Street, LLC

          File:        B-404997;  B-404997.2

          Date:        July 22, 2011

          Jeffrey A. Belkin, Esq., and Steven R. Campbell, Esq., Alston & Bird, LLP, for the
          protester.
          Charles A. Patrizia, Esq., and Mary-Elizabeth M. Hadley, Esq., Paul, Hastings,
          Janofsky & Walker  LLP, for Lexington LAC Lenexa LP, the intervenor.
          Mark  R. Warnick, Esq., General Services Administration, for the agency.
          Paula A. Williams, Esq., and Edward T. Goldstein, 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.  Protest that agency failed to comply with terms of Executive Order 12072 is
          dismissed; our Office does not normally review allegations of an agency's failure to
          comply  with executive branch policies.
          DECISION

          901  North Fifth Street, LLC (901 North) of Kansas City, Kansas protests the award
          of a lease by the General Services Administration (GSA), to Lexington LAC Lenexa,
          LP  (Lenexa) of Lenexa, Kansas pursuant to solicitation for offers (SFO) No.
          9KS0054   for office space to house the Environmental Protection Agency (EPA)
          regional headquarters in the Kansas City, Kansas metropolitan area.' The protester
          argues  that the agency's evaluation of offers was unreasonable, its discussions were
          misleading, and the agency failed to comply with Executive Order 12072 in its
          selection of Lenexa for award.

          1 The regional EPA office is responsible for administering environmental programs in
          four states--Iowa, Kansas, Nebraska and Missouri. SFO,  Program of Requirements
          (POR)  at 9-10.

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