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B-400049.2 1 (2009-01-09)

handle is hein.gao/gaobadarw0001 and id is 1 raw text is: 


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         G    A   O                                                  Comptroller General
      Accuntabiity * Integrity * Reliability                          of the United States
United States Government Accountability Office
Washington, DC 20548

            D   ..
         Decision


         Matter of:  Melbourne  Commerce,  LLC

         File:       B-400049.2

         Date:       January 9, 2009

         Gregory Politis for the protester.
         Duane C. Pitt, Esq., General Services Administration, for the agency.
         Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging rejection of offer for lease of office space is denied where offeror
         failed to furnish required evidence of a conditional commitment of funds in an
         amount necessary to prepare the space.
         DECISION

         Melbourne Commerce,  LLC  of Clearwater, Florida protests the rejection of its offer
         under solicitation for offers (SFO) No. 7FL2052, issued by the General Services
         Administration (GSA) for the lease of office space for the Social Security
         Administration (SSA) in Melbourne, Florida. The protester argues that the agency
         erred in rejecting its offer based on the firm's failure to furnish evidence of a
         conditional commitment of funds in an amount necessary to prepare the space.

         We deny the protest.

         The SFO contemplated the award of a 10-year lease for a minimum of 18,508 square
         feet of office space. Of relevance to this protest, the solicitation required offerors to
         submit with their offers satisfactory evidence of at least a conditional commitment
         of funds in an amount necessary to prepare the space. The commitment was
         required to be signed by an authorized bank officer and, at a minimum, state the
         amount of the loan, its term in years, the annual percentage rate, and the length of
         the loan commitment.

         Melbourne submitted its offer by the December 14, 2007 closing date. By letter dated
         January 18, 2008, the real estate brokerage firm that conducted this acquisition on
         behalf of GSA notified the protester that a number of the forms required to be

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