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B-407078.2,B-407078.3,B-407078.4 1 (2013-06-04)

handle is hein.gao/gaobadpnz0001 and id is 1 raw text is: G A Comptroller General ~ty * Integrity * Rel lability 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. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: Marcola Meadows VA LLC File: B-407078.2; B-407078.3; B-407078.4 Date: June 4, 2013 Lori Ann Lange, Esq., and Nick R. Hoogstraten, Esq., Peckar & Abramson, P.C., for the protester. Thomas J. Mitchell, Esq., and Cameron V. Gore, Esq., Department of Veterans Affairs, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency unreasonably determined that construction and lease of outpatient medical clinic met solicitation requirement to be an operating lease--which requires the building to be a general purpose asset and a private market to exist for the building--is denied where protester has not shown the agency's determination that awardee's proposed building met those standards was unreasonable, even though local zoning rules would preclude operation of a private medical clinic in that location. 2. Protest that agency improperly failed to assign protester's proposal points for being a small business is denied where, even if the agency's evaluation was unreasonable, the protester has not shown that it was prejudiced by any error on the agency's part. 3. Protest that agency unreasonably made a mechanical source selection decision is denied where the record shows that the contracting officer, acting as the source selection authority, was aware of the relative merits and costs of the competing proposals and reasonably determined that the protester's technical advantages did not warrant its higher price. DECISION Marcola Meadows VA LLC, of Mandan, North Dakota, protests the award of a lease to Moreland Corporation, doing business as VA Oregon 1, LLC, of Bakersfield, California, by the Department of Veterans Affairs (VA) under solicitation for offers (SFO) No. VA-1 01-11 -RP-01 36, for the construction and lease of a VA outpatient

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