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B-417006.4,B-417006.5,B-417006.6,B-417006.7 Jan 13, 2022 1 (2022-01-13)

handle is hein.gao/gaomql0001 and id is 1 raw text is: GAiO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
a GAO Protective Order. This version has been
Decision                              approved for public release.
Matter of: Second Street Holdings, LLC; 600 Second Street Holdings LLC; and
Seven Hundred 2nd Street Holdings LLC
File:     B-417006.4; B-417006.5; B-417006.6; B-417006.7
Date:     January 13, 2022
Seamus Curley, Esq., Chelsea Goulet, Esq., and Gregory Jaeger, Esq., Stroock
& Stroock & Lavan LLP, for the protester.
Alex D. Tomaszczuk, Esq., J. Matthew Carter, Esq., Alexander B. Ginsberg, Esq., and
Dinesh C. Dharmadasa, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Cayre Jemals
Nick LLC, the intervenor.
Elizabeth H. Johnson, Esq., and Daniel Cutler, Esq., General Services Administration,
for the agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
1. Protest alleging that agency's requirements have materially changed since the
solicitation was issued is dismissed as untimely where the protester learned of the
bases for the alleged changes months in advance of its protest; the protester was
required to file its protest within 10 days of when it knew or should have known of the
basis of its protest.
2. Protest alleging that the agency failed to make award with reasonable promptness is
denied where the record demonstrates that the agency pursued the procurement with
reasonable diligence.
3. Protest alleging that the agency failed to comply with the terms of the prospectus
approved by Congress pursuant to 40 U.S.C. § 3307 is dismissed because it raises
matters outside of our bid protest jurisdiction. Although GAO will consider alleged
violations of non-procurement statutes that have a direct bearing on a challenged
procurement, the protester's allegations that the agency failed to negotiate sufficient
holdover leasing rights with the protester (the incumbent landlord) are not directly
relevant to the selection decision in the challenged procurement.

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