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B-405220 1 (2011-09-16)

handle is hein.gao/gaobadohx0001 and id is 1 raw text is: J G A Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DocMENTFOR-PUBICREESE. 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: Eagle Creek Marina File: B-405220 Date: September 16, 2011 C. Allan Reeve, Esq., Reeve Law Firm, PLLC, and Nancy M. Camardo, Esq., Camardo Law Firm, PC, for the protester. Mark S. Johnson, Esq., General Services Administration, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency should have been aware that the protester had erroneously included costs for features that were not required to be included in its offer for a lease of office space, and was required to advise the protester of this fact during negotiations, is denied where the solicitation clearly did not provide for these features and the agency was unaware of the protester's alleged misunderstanding. DECISION Eagle Creek Marina, of Rochester, New York, protests the award of a lease to Acquest South Park, LLC, of Rochester, New York, under solicitation for offers (SFO) No. 9NY2355, issued by the General Services Administration (GSA), for office space, with reserved and secured parking spaces, in the Rochester, New York, area. We deny the protest. The SFO provided for the award of a 10-year lease. SFO at 5. The SFO informed offerors that the leased space would be used by the Customs and Border Protection Air and Marine Office, Department of Homeland Security (DHS), as a new marine office. SFO at 51. The solicitation provided detailed specifications as to the agency's requirements, with the specifications setting forth requirements ranging from the location of the space and number of parking spaces, to general architectural requirements regarding the location of doors and windows, to more specific requirements regarding electrical distribution, and telecommunications distribution and equipment. The solicitation specified that award would be made to the responsible Offeror whose offer conforms to the requirements of the SFO and is the lowest priced offer submitted. SFO at 8.

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