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B-288871 1 (2001-11-26)

handle is hein.gao/gaocrptamss0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: DePonte Investments, Inc. File: B-288871; B-288871.2 Date: November 26, 2001 Richard J. Conway, Esq., and Denis W. Kohl, Esq., Dickstein Shapiro Morin & Oshinsky, for the protester. James L. Weiner, Esq., Department of the Interior, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's offer was not entitled to preference for Indian-owned firms where solicitation did not provide for the application of a preference. 2. Protest that agency improperly accepted awardee's offer of a building constructed with pre-cast masonry facade is denied where solicitation specifically permitted this construction method; to the extent protester argues that agency advised it that pre- cast masonry facade would not be allowed, protester relied on such oral advice, which conflicted with the solicitation, at its own risk. 3. Agency was not required to evaluate protester's offer more favorably than awardee's for offering a longer lease term, where solicitation provided for award of either 10- or 15-year lease, agency determined that flexibility made 10-year lease preferable, and protester does not rebut agency's position; likewise, it was proper for agency not to give protester additional evaluation credit for offering early availability of the space where solicitation did not provide that early availability was preferable. DECISION DePonte Investments, Inc. protests the award of a contract to Opus West under solicitation for offers (SFO) No. 01-810, issued by the Department of the Interior to lease office and storage space for the Office of the Special Trustee for American Indians. DePonte challenges the award on several grounds. We deny the protest.

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