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![handle is hein.gao/gaocrptafsd0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: 3DAV Development, hie.; San Sebastian Shopping Center, S.E.
File: B-274933.2; B-274933.5; B-274933.6
Date: January 16, 1997
Charles E. DeWitt, Jr., Esq., and Daniel J. Moynihan III, Esq., for 3DAV
Development, Inc.; and Jose M. Biaggi Landron, Esq., for San Sebastian Shopping
Center, S.E., for the protesters.
Douglas L. Fox, Esq., Shumway, Giguere, Byrne, Fox & Aloise, for N.E.D.A.
Development Corporation, the intervenor.
Jane S. Converse, Esq., Philip Kauffman, Esq., and Phillipa L. Anderson, Esq., for the
Department of Veterans Affairs, for the agency.
Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Information relating to offerors' ability to perform contract is a matter of
responsibility and not related to the technical acceptability of proposals and, even
though solicitation required submission of information with proposals, requirements
that relate to responsibility may be satisfied at any time prior to award.
DECISION
3DAV Development Inc. and San Sebastian Shopping Center (SSSC), S.E. protest the
award of a lease to N.E.D.A. Development Corporation under solicitation for offers
(SFO) No. 184B-02A-95, issued by the Department of Veterans Affairs (VA) for an
outpatient clinic in Ponce, Puerto Rico. The protesters contend that award was
improper because N.E.D.A. did not include with its proposal evidence of site
ownership or control as required by the SFO.
We deny the protests.
At issue is section 3.21 of the SFO, entitled EVIDENCE OF CAPABILITY TO
PERFORM PRIOR TO AWARD, which called for offerors to include with their
proposals certain information, including evidence of ownership or control of [the]
site proposed. In response, N.E.D.A. submitted a letter, written in Spanish, from
the Administracion de Terrenos, Estado Libre Asociado de Puerto Rico,
(hereinafter the Land Administration). The letter references Lot #37 Multedo
Estrella Land, Ponce, P.R., V.A. Outpatient Clinic, the tract of land where N.E.D.A.
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