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B-257634.3 1 (1995-11-09)

handle is hein.gao/gaocrptabyo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Gordon R. A. Fishman File: B-257634.3 Date: November 9, 1995 Neil I. Levy, Esq., Kilpatrick & Cody, for the protester. Debra J. Turchin, Esq., General Services Administration, for the agency. Scott H. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against rejection of proposal for the lease of office space as technically unacceptable is denied where record shows that the timely availability of the proposed space was contingent upon current tenant's future review and approval of a lease for space elsewhere. DECISION Gordon R. A. Fishman protests the award of a lease agreement to KD Development under solicitation for offers (SFO) No. GS-05B-15777, issued by the General Services Administration (GSA) for office space in Mount Clemens, Michigan, for the Internal Revenue Service (IRS). Fishman argues that the agency improperly found its offer technically unacceptable and made award to KD at a price higher than Fishman's. We deny the protest. The SFO requested offers to lease approximately 10,250 contiguous net usable square feet; the solicitation provided for award to the responsible firm submitting the offer that was fully responsive to all requirements of this solicitation and is the lowest priced .... GSA received two offers, one from Fishman and one from KD; both offers were included in the competitive range. Although Fishman was the incumbent lessor for this requirement, IRS' needs had changed and the agency now required 10,250 square feet of contiguous office space. In order to meet this requirement, it was necessary for Fishman to propose that the agency move its offices from the first floor to the second floor of its building. Because GSA was aware of the presence of two tenants on the second floor of Fishman's building, it requested that Fishman provide as part of its best and final offer (BAFO) a letter from one of these tenants reflecting its commitment to vacate the second floor space so that the necessary renovations could commence. (GSA 934118

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