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B-299486.3 1 (2007-06-15)

handle is hein.gao/gaocrptauey0001 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 Washington, DC 20548 Decision Matter of: Liberty Street East Associates File: B-299486.3 Date: June 15, 2007 Robert P. Yoder for the protester. Elin M. Dugan, Esq., Department of Agriculture, 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. Where agency report rebuts protester's allegations with regard to price evaluation, and protester fails to respond to agency's rebuttal in its comments on the agency's report, issues are considered abandoned and will not be considered; abandoned issues also will not be considered when reasserted in supplemental comments, as Bid Protest Regulations do not contemplate piecemeal development of protest issues. 2. Protest allegations challenging agency's evaluation of protester's proposal are denied where alleged evaluation errors did not result in competitive prejudice to protester; even if protester's evaluation score were increased to level asserted by protester, awardee's score would remain higher and, when combined with its lower price, would still reasonably support award. DECISION Liberty Street East Associates protests the award of a lease to Ashford/Warren Associates, LP under solicitation for offers (SFO) No. R9-6-1, issued by the Department of Agriculture (USDA) for office and related space in Warren, Pennsylvania. Liberty asserts that the agency's technical evaluation of its proposal was flawed. We deny the protest. The SFO sought a minimum of 20,300 usable square feet for USDA, for use by the Allegheny National Forest Supervisor's Office. All offers were evaluated under five factors--site; building image and physical characteristics; efficient layout and interior

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