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B-278965 1 (1998-04-20)

handle is hein.gao/gaocrptahre0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Helmsman Properties, Inc. File: B-278965 Date: April 20, 1998 Edward V. Gregorowicz, Esq., and Frederick P. fink, Esq., for the protester. Robert J. McCall, Esq., Public Building Service, General Services Administration, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST General Services Administration properly may limit leasehold acquisition to a city's central business area (CBA) based on Executive Branch policy embodied in Executive Order No. 12,072, which was intended to promote economic growth within major central cities; in following this policy, agency has determined, essentially, that location in CBA is part of the government's needs. DECISION Helmsman Properties, Inc. protests the terms of solicitation for offers (SFO) No. 7MD0095, issued by the General Services Administration (GSA) for the lease of approximately 33,000 square feet of office space in Baltimore, Maryland, for the Defense Contract Management Command (DCMC). Helmsman argues that the SFO improperly limits the delineated area for the acquisition to the central business area (CBA) of Baltimore City. We deny the protest. Helmsman is the current lessor of space occupied by DCMC, with the lease due to expire in July 1998. Helmsman's building is located in the business district of Towson, Maryland, a suburb of Baltimore located approximately 3 miles outside of the city limits. DCMC initially contacted GSA and requested that it be permitted to remain at its current location. GSA responded that it was required to compete the requirement. DCMC then requested that the competition include a delineated area comprised of Baltimore City and several surrounding suburban areas. GSA conducted a telephone market survey that produced 15 expressions of interest from firms in the delineated area requested by DCMC. Thereafter, however, citing Executive Order No. 12,072, 3 C.F.R., 1979 Comp., p. 213, reprinted in 40 U.S.C. § 490 (1994), GSA advised DCMC that it would limit its consideration to property located in the CBA of Baltimore City. GSA then consulted with Baltimore City

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