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G A 0 Comptroller General
SIntegrity Reliability of the United States
~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548
Decision
Matter of: Fox Development Corporation
File: B-287118.2
Date: August 3, 2001
Patrick T. Fitzgerald, Esq., Meyer Capel, for the protester.
Lynn W. Flanagan, Esq., Department of Agriculture, for the agency.
Jacqueline Maeder, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of
the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Agency properly rejected offer for lease of office space that offered space on each of
two floors (the ground and second floors), where solicitation clearly required that all
space be ground floor, contiguous space.
DECISION
Fox Development Corporation protests the rejection of its offer under solicitation
for offers (SFO) No. NRCS-3064-IL-00, issued by the National Resources
Conservation Service (NRCS), Department of Agriculture, for the lease of office
space in Champaign, Illinois.
We deny the protest.
As amended, the SFO (section 1.1, Amount and Type of Space) specified that the
agency required approximately 21,625 square feet (SF) of space and that [o]ffers
must be for ground floor, contiguous space located in a quality building .... The
SFO also provided that, with respect to space located outside the city center
neighborhood, the [s]pace offered must be same floor contiguous space. SFO
§ 1.3(b)(3).
Fox, the incumbent, submitted alternate best and final offers, including one for
newly-constructed space (the only offer in issue here). The newly-constructed
space, located in a two-story building in a university research park, included a total
of 24,625 SF, with 12,417 SF on the first floor and 12,208 SF on the second floor.
Agency Report (AR), Exh. 24, Fox Proposal, at 1-2. The agency rejected Fox's offer
on the basis that it did not meet the requirements that the space be ground floor,](ViewImageLocal?handle=hein.gao/gaocrptamos0001&div=1&collection=&method=preview&ext=.png&size=3)