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B-310980 1 (2008-03-25)

handle is hein.gao/gaocrptavyu0001 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: Fedcar Company, Ltd. File: B-310980; B-310980.2; B-310980.3 Date: March 25, 2008 Michele M. Brown, Esq., David S. Black, Esq., Thomas M. Brownell, Esq., Allison V. Feierabend, Esq., and Robert C. MacKichan, Jr., Esq., Holland & Knight LLP, for the protester. Fernand A. Lavallee, Esq., Jeffrey R. Keitelman, Esq., and J. Philip Ludvigson, Esq., DLA Piper US LLP, for the intervenor. Carl E. Smith, Esq., General Services Administration, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where an agency bases its source selection decision for the award of a lease on incorrectly calculated costs, the source selection is not reasonably based. 2. Source selection document that only discusses strengths of awardee's higher- rated, higher-priced proposal but not its weaknesses, or the strengths and the weaknesses found in protester's slightly lower-rated, lower-priced proposal does not reasonably justify tradeoff decision. 3. A purported acceptance of a lease offer by the General Services Administration that is conditioned on the offeror's assent to terms additional to, or different from, those offered is not an acceptance, but a counteroffer, and does not create a binding lease contract. DECISION Fedcar Company, Ltd. protests the award of a lease contract to Duke Realty Limited Partnership by the General Services Administration (GSA) under solicitation for offers (SFO) No. GS-05B-18064, for the construction and lease of a dedicated campus facility in Indianapolis, Indiana, for use by the Federal Bureau of Investigation (FBI). We sustain the protest.

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