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![handle is hein.gao/gaonij0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W. Comptroller General
Washington, DC 20548 of the United States
Decision
Matter of: Purple Heart Heroes, LLC
File: B-420802
Date: July 12, 2022
Richard B. O'Keeffe, Jr., Esq., Wiley Rein LLP, for the protester.
Gordon N. Griffin, Esq., and Kelsey M. Hayes, Esq., Holland & Knight LLP, for JTW
Development, LLC, the intervenor.
Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
GAO will not consider further a protest where the procuring agency, in response to the
protest, has offered to provide the remedy that our Office would recommend if we were
to sustain the protest.
DECISION
Purple Heart Heroes, LLC (PHH), of Hampton, Connecticut, protests the Department of
Veterans Affairs' (VA) award of a lease to JTW Development, LLC (JTW), pursuant to
request for lease proposals (RLP) No. 36C26121 R0097, to provide space for an
outpatient clinic near Tulare or Visalia, California. PPH challenges the award on the
basis that the space offered by JTW is in a high-risk floodplain. Protest at 2-7.
We dismiss the protest.
In November 2021, the VA issued the solicitation, seeking space for a community-based
outpatient clinic in or near Tulare or Visalia, California. Id. at 1. Among other things,
the solicitation provided that [a] Lease will not be awarded for any offered Property
located within a 100-year floodplain unless the Government has determined that there is
no practicable alternative. Id.; see Protest exh. 1, RLP at 10.
On or before the January 12, 2022 closing date, responses were submitted by six
offerors, including PHH and JTW. Protest at 2. On May 23, 2022, the agency
announced the selection of JTW for award. On June 6, following receipt of a debriefing,
PHH filed this protest.](ViewImageLocal?handle=hein.gao/gaonij0001&div=1&collection=&method=preview&ext=.png&size=3)