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B-311314.3 1 (2008-06-30)

handle is hein.gao/gaocrptawac0001 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: New Jersey & H Street, LLC File: B-311314.3 Date: June 30, 2008 Alex D. Tomaszczuk, Esq., and Daniel S. Herzfeld, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Fernand A. Lavallee, Esq., Jeffrey R. Keitelman, Esq., and J. Philip Ludvigson, Esq., DLA Piper US LLP, for the intervenor. Robert A. Hauser, Esq., General Services Administration, for the agency. Peter D. Verchinski, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is sustained where agency credited awardee's proposed building with availability of certain future amenities based solely on promise in offer, without requiring supporting evidence that amenities would exist, which was required by solicitation; agency essentially relaxed evidence requirement only for awardee, without providing protester with opportunity to propose amenities under relaxed standard. 2. Protest that agency failed to engage in meaningful discussions is sustained where agency failed to raise during discussions significant weaknesses associated with access to amenities in or near protester's proposed office building. DECISION New Jersey & H Street, LLC (Justice Plaza Development Team or JPDT) protests the General Service Administration's (GSA) award of a lease to CS Master V, LLC (Stonebridge), under solicitation for offers (SFO) No. 07-018, for office and related space to be occupied by the Department of Justice (DOJ) in Washington, DC. JPDT alleges several evaluation and other improprieties in the procurement. We sustain the protest. The solicitation, which anticipated the award of a 15-year lease, provided for a best value award based on four evaluation factors (with subfactors): location (access to DOJ facilities, access to Metrorail, and access to amenities); building characteristics

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