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B-287439 1 (2001-06-06)

handle is hein.gao/gaocrptampn0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Acquest Development LLC File: B-287439 Date: June 6, 2001 Derek J. Mohr, Esq., Lippes, Silverstein, Mathias & Wexler, for the protester. Marilyn M. Paik, Esq., General Services Administration-Public Buildings Service, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably determined that protester was nonresponsible to perform construction/lease contract based on lack of financial capability, where protester's financial information contained significant discrepancies and indicated that protester had proposed a rental rate insufficient to cover the cost of construction. 2. Although solicitation required that information relating to offeror's ability to perform contract be submitted at time of best and final offers (BAFO), since such information concerns offeror responsibility, the information could be submitted any time prior to award; awardee's furnishing of the information after the BAFO due date therefore was not a basis for rejecting its offer. DECISION Acquest Development LLC protests the award of a contract to Western Devcon, Inc. under solicitation for offers (SFO) No. 9CA01019, issued by the General Services Administration (GSA) for the construction and lease of office and laboratory space. Acquest challenges the agency's evaluation of the proposals and the award determination. We deny the protest. The SFO sought proposals to build and lease 54,119 rentable square feet of office and laboratory space for the U.S. Drug Enforcement Agency (DEA) in San Diego, California. The space is to be used by the DEA for chemical analysis of controlled substances purchased or seized as evidence in illegal operations. The SFO

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