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B-296915 1 (2005-10-24)

handle is hein.gao/gaocrptaqyp0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Cherry Road Technologies; Electronic Data Systems Corporation File: B-296915; B-296915.2; B-296915.3; B-296915.4; B-296915.5 Date: October 24, 2005 Devon E. Hewitt, Esq., John E. Jensen, Esq., Walter F. Zenner, Esq., Daniel S. Herzfeld, Esq., Jack Y. Chue, Esq., and Orest J. Jowyk., Esq., Pillsbury Winthrop Shaw Pittman LLP, for Cherry Road Technologies; Scott M. McCaleb, Esq., Rand L. Allen, Esq., Charles C. Lemley, Esq., and William J. Grimaldi, Esq., Wiley Rein & Fielding LLP, for Electronic Data Systems Corporation, the protesters. David A. Churchill, Esq., Kevin C. Dwyer, Esq., Kristen G. Schulz, Esq., Darren Lubetzky, Esq., and Heather M. Trew, Esq., Jenner & Block LLP, for Lockheed Martin Integrated Systems & Solutions, an intervenor. Capt. Peter G. Hartman and Raymond M. Saunders, Esq., Department of the Army, for the agency. Sharon L. Larkin, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging awardee's use of leased government facilities is denied, where solicitation did not preclude the use of leased government facilities but stated only that agency would not be providing facilities as government furnished property under this contract. 2. Protest contending that agency failed to eliminate the awardee's competitive advantage from using leased government facilities as assertedly required by Federal Acquisition Regulation (FAR) Part 45 is denied because FAR Part 45 does not apply to leases that are executed pursuant to statutory leasing authority, and unfair advantage does not otherwise exist because leases were executed at fair market value. 3. Protest challenging source selection decision and evaluation ratings under each evaluation factor is denied, where the record demonstrates a reasoned and rational evaluation, and protesters' arguments amount to mere disagreement with the agency's conclusions.

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