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B-290416 1 (2002-07-25)

handle is hein.gao/gaocrptaofn0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: HG Properties A, LP File: B-290416; B-290416.2 Date: July 25, 2002 Thomas W. Rochford, TRS Design & Consulting Services, for the protester. Dennis Foley, Esq., Philip Kauffman, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Lease modification changing location of site for construction of offered building space remains within the scope of the underlying lease, so that resolicitation of agency's space requirements is not necessary, where substituted site meets solicitation's geographical requirements and modification does not change lease price, performance period, basic responsibilities of parties to the lease, or the nature and purpose of the lease, so that overall effort under modified lease remains essentially the same as was contemplated under the original solicitation for offers. DECISION HG Properties A, LP protests the modification of lease No. V541R-62, awarded to Premier Office Complex, Inc. (POC) by the Department of Veterans Affairs (VA) for the provision of building space for a VA medical facility in Canton, Ohio. HG, the incumbent lessor of building space for the agency's current medical facility in the area, chose not to compete for the lease it is now challenging. HG contends, however, that a recompetition of the lease is now necessary due to an alleged out-of- scope modification to POC's lease. Specifically, HG contends that the lease was improperly modified to allow a change to the site of construction of the lessor's offered building space; HG argues that the change in location is a cardinal change outside the scope of the lease awarded to POC which, according to HG, should be viewed as an improper sole-source award. In its supplemental protest, HG also raises, among other contentions, numerous challenges to the agency's initial award of the underlying lease to POC. We deny the protests.

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