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B-292984 1 (2003-12-17)

handle is hein.gao/gaobacynp0001 and id is 1 raw text is: I G A 0Comptroller General .. . .Accountability * Integrity * Reliability of the United States United States General Accounting 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: Hines Chicago Investments, LLC File: B-292984 Date: December 17, 2003 Richard J. Conway, Esq., and Robert J. Moss, Esq., Dickstein Shapiro Morin & Oshinsky, for the protester. John S. Pachter, Esq., and Jonathan D. Shaffer, Esq., Smith, Pachter, McWhorter & Allen, for Higgins Development Partners LLC, an intervenor. Carl E. Smith, Esq., and Ruth Kowarski, Esq., General Services Administration, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly failed to evaluate option pricing, as required under the solicitation, is denied where record shows that option pricing was in fact considered. 2. Protest that award was improper because, contrary to solicitation requirement that offered space be vertically and horizontally contiguous, awardee proposed a vacant floor as expansion space, is denied where protester was informed during the procurement that agency's interpretation of requirement would permit offerors to propose a vacant floor for future expansion. 3. Agency was not required to hold discussions regarding areas of protester's proposal that were weak, but acceptable, and that did not prevent the protester from having a reasonable opportunity for award. DECISION Hines Chicago Investments, LLC protests the award of a contract to Higgins Development Partners, LLC under solicitation for offers (SFO) No. GS-05B-17010, issued by the General Services Administration (GSA) for the construction and lease of a field office for the Federal Bureau of Investigation (FBI) in Chicago. Hines alleges several evaluation and other improprieties in the procurement. We deny the protest.

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