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B-400107 1 (2008-08-01)

handle is hein.gao/gaocrptawbb0001 and id is 1 raw text is: 




         G    A     0                                                 Comptroller General
                                                                       of the United States
United States Government Accountability Office
Washington, DC 20548                                  DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a
                                                     GAO Protective Order. This redacted version has been
         Decision                                    .approved for public release.



         Matter of. Exec Plaza, LLC

         File:        B-400107; B-400107.2

         Date:        August 1, 2008

         Fernand A. Lavallee, Esq., Jeffery R. Keitelman, Esq., and Eric M. O'Neill, Esq., DLA
         Piper US LLP, for the protester.
         Edith Toms, Esq., and Elizabeth Johnson, Esq., General Services Administration, for
         the agency.
         Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging terms of a solicitation for lease of office space that apply only to
         the incumbent lessor is denied where the agency demonstrates that the requirements
         are reasonable, despite imposing unequal burdens on the protester.
         DECISION

         Exec Plaza, LLC (Exec) protests the terms of solicitation for offers (SFO) 08-008,
         issued by the General Services Administration (GSA) for the lease of office space for
         the National Cancer Institute (NCI), a division of the National Institutes of Health
         (NIH). The protester contends that the solicitation is unduly restrictive of
         competition because it contains burdensome requirements that apply only to the
         incumbent lessors.

         We deny the protest.

         BACKGROUND

         The SFO seeks offers for the lease by GSA of approximately 574,164 square feet of
         office space in Rockville, MD, on behalf of NCI. GSA currently leases office space
         for NCI under multiple leases in four buildings in Rockville at 6120 and 6130
         Executive Boulevard (these two buildings are owned by the protester and are
         collectively known as Executive Plaza), 6116 Executive Boulevard, and 2115 East
         Jefferson Street. The office space for NCI is provided under [deleted] separate
         leases: [deleted] leases for Executive Plaza, [deleted] lease for 6116 Executive

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