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B-410428,B-410428.2 1 (2014-12-15)

handle is hein.gao/gaobadquf0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Open Spirit, LLC File: B-410428; B-410428.2 Date: December 15, 2014 Jorge I. Hernandez, Esq., Law Offices of Jorge I. Hernandez, for the protester. Katie Slayton, Esq., and Scott W. Johansen, Esq., Department of the Navy, for the agency. Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The Government Accountability Office has jurisdiction to consider a protest challenging the terms of a solicitation for the award of a lease of federal property where the record shows that the agency is, in effect, conducting a mixed transaction that involves a procurement of services, because the agency will receive services of more than a de minimus value in connection with the award of the lease. 2. Protest that agency improperly cancelled a solicitation is denied where the record shows that environmental concerns potentially impacting human health and safety led the agency to reasonably conclude that the solicitation no longer accurately reflected the agency's requirements. DECISION Open Spirit, LLC, of Chula Vista, California, protests the cancellation of request for proposals (RFP) No. N6247314RP007, which was issued by the Department of the Navy, Naval Facilities Engineering Command Southwest, for a lease of government-owned real property at Naval Base Point Loma in San Diego, California. Open Spirit maintains that the cancellation was improper. We deny the protest.' 1 On September 24, 2014, our Office issued a protective order. Open Spirit's counsel elected not to apply for admission to the protective order. The agency represented that only Agency Report (AR), Tab 5, Open Spirit's June 11, 2014 (continued...)

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