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B-277391 1 (1997-09-25)

handle is hein.gao/gaocrptagce0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: The Charles E. Smith Companies File: B-277391 Date: September 25, 1997 Mary Beth Bosco, Esq., James A. Hughes, Esq., Lynn T. Burleson, Esq., and Rodney A. Grandon, Esq., Patton Boggs, L.L.P., for the protester. Ronald R. Raider, Esq., Kilpatrick Stockton LLP, for Hoffman Family Limited Partnership; Robert E. Gregg, Esq., Hazel & Thomas, P.C., for Commonwealth Atlantic Properties, Inc.; and R. William Hard, for LCOR Incorporated, the interveno rs. Barry D. Segal, Esq., and Jeffrey M. Hysen, Esq., General Services Administration, for the agency. Linda S. Lebowitz, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a procurement for leased office space where the solicitation contemplated a two-phase proposal submission and evaluation process, an offeror may not wait to protest the terms of the solicitation until it learns that its phase I proposal was acceptable and that it was selected to submit a phase II technical and design proposal where the alleged improprieties in the terms of the solicitation were apparent prior to the closing time for receipt of phase I proposals. DECISION The Charles E. Smith Companies protests the terms of solicitation for offers (SFO) No. 96.004, issued by the General Services Administration (GSA) for the long-term, consolidated headquarters space requirements for the Patent and Trademark Office (PTO). The protester, the incumbent lessor which is offering the site of its existing buildings, basically contends that the technical specifications and other terms of the SFO are defective as they unduly favor newly constructed buildings. We dismiss the protest. 1Plaza Associates Limited Partnership, First Crystal Park Associates Limited Partnership, Second Crystal Park Associates Limited Partnership, Third Crystal Park Associates Limited Partnership, and Alder Branch Realty Limited Partnership are collectively known as The Charles E. Smith Companies.

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