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B-270518 1 (1998-05-28)

handle is hein.gao/gaocrptahlj0001 and id is 1 raw text is: 


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




Matter of: William L. Menefee

File:       B-279272

Date:       May 28, 1998

William L. Menefee III, for the protester.
Lynn W. Flanagan, Esq., Department of Agriculture, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Selection of offer with higher combined technical and price scores than that
proposed by the protester is unobjectionable where the evaluation was conducted
in accordance with solicitation, and the record supports the agency's view
that the protester's proposed building site was less desirable than the
awardee's.
DECISION

William L. Menefee protests the award of a lease to Cook Carson, Inc. (Carson)
under solicitation for offers (SFO) No 57-7335-79, issued by the Department of
Agriculture for office space in Pauls Valley, Oklahoma. Menefee argues that the
award to Carson at a rent higher than that proposed by Menefee is based on
USDA's continued bias against Menefee, which translated to an unreasonable
evaluation of its offer.

We deny the protest.

As amended, the SFO calls for 7,550 square feet (sq. ft.) of occupiable space in a
new or existing building of sound and substantial construction, along with 50
on-site, paved parking spaces to house the offices of the Farm Service Agency
(FSA), Rural Economic Community Development Service (RD), and the National
Resources and Conservation Service (NRCS).1 The SFO contemplated award of a


1Previously, in connection with a different SFO issued in early 1996, Menefee was
the lowest-priced offeror with the highest technical evaluation score for existing
space to house the USDA Service Center in Pauls Valley. The offers were rejected
and the SFO canceled because the State Administrative Committee (SAC), which is
made up of employees from each of the three agencies--FSA, RD, and NRCS,
questioned how the older renovated building offered by Menefee could receive a
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