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B-274081.4 1 (1997-02-24)

handle is hein.gao/gaocrptafqi0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: The Real Estate Center

             File:        B-274081.4

             Date:        February 24, 1997

             Lynn Hawkins Patton, Esq., Ott & Purdy, for the protester.
             Jane Converse, Esq., Department of Veterans Affairs, for the agency.
             Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Protester that received a copy of an invitation to submit an application to
             become an approved real estate management broker is not an interested party to
             object on behalf of other firms that were not solicited.

             2. Agency predetermination of fees to be paid to real estate management brokers
             without conducting a price competition is unobjectionable where statutory
             requirement that price be considered in all selection decisions does not apply to the
             agency's solicitation of brokers at issue.

             3. Agency's failure to timely respond to protester's requests for clarifications
             concerning broker assignment process does not provide a basis for sustaining a
             protest where letter soliciting broker applications indicated basically what
             performance would be required, the contents of the application form revealed the
             factors that the agency would consider in the approval process, and the protester
             did not indicate that it would have completed the application in a different manner
             had it received the requested information earlier.
             DECISION

             The Real Estate Center (REC) protests the issuance of a letter on November 7,
             1996, by the Department of Veterans Affairs (VA) inviting certain firms to submit
             applications (VA Form 26-6685) for designation as approved real estate management
             brokers to manage assigned VA properties in the San Diego, California area. Earlier
             in the year, the VA had issued solicitation No. 691-81-95 for property management
             services and had awarded a contract to O'Malley & Principi; in response to a protest
             filed by REC, the agency decided to terminate that contract and, following revisions
             to the solicitation, to resolicit for its requirements. Pending the resolicitation effort,
             the November 7 letter, which was issued to all firms that responded to the original
             solicitation, sought to obtain interim property management coverage on a


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