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B-417971 1 (2019-12-20)

handle is hein.gao/gaobaeakf0001 and id is 1 raw text is: G r~oU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Cross & Company, LLC File: B-417971 Date: December 20, 2019 Edward J. Tolchin, Esq., Offit Kurman Attorneys At Law, for the protester. Heather R. Cameron, Esq., Elyssa Tanenbaum, Esq., and Jessica Gunzel, Esq., General Services Administration; and Stephen J. Kelleher, Esq., Department of Veterans Affairs, for the agencies. Uri R. Yoo, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging terms of solicitation issued by the General Services Administration (GSA) that did not consider the requirements of the Veterans Benefits, Health Care, and Information Technology Act of 2006, is denied where GSA is acquiring a lease of real property, and not goods or services, to be used by the Department of Veterans Affairs. DECISION Cross & Company, LLC, a veteran-owned small business (VOSB) concern of Frederick, Maryland, protests the terms of request for lease proposals (RLP) No. 8PA2226, issued by the General Services Administration (GSA) for the lease of space to be used as a community-based outpatient clinic by the Department of Veterans Affairs (VA) in the Pittsburgh, Pennsylvania area. The protester asserts that the solicitation violates the Veterans Benefits, Health Care, and Information Technology Act of 2006 (VBA) by improperly failing to consider setting aside the lease for service-disabled veteran-owned small businesses (SDVOSBs) or VOSBs. We deny the protest. BACKGROUND GSA has authority to enter into lease agreements with entities for the accommodation of a federal agency in a building (or improvement) which is in existence or being erected by the lessor to accommodate the federal agency. 40 U.S.C. § 585(a). Pursuant to this statutory authority, GSA controls over 188 million rentable square feet of leased

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