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B-401837 1 (2009-12-02)

handle is hein.gao/gaobadbbo0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Port of Bellingham File: B-401837 Date: December 2, 2009 Lee P. Curtis, Esq., Troy E. Hughes, Esq., and Maggie L. Croteau, Esq., Perkins Coie LLP, for the protester. James H. Roberts, III, Esq., Van Scoyoc Kelly PLLC, for Port of Newport, an intervenor. Mark Langstein, Esq., Lynn W. Flanagan, Esq., and Diane M. Canzano, Esq., Department of Commerce, for the agency. Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency had no reasonable basis to determine that awardee's proposed pier was located outside a designated floodplain area and therefore complied with the solicitation's limitations regarding lease of property located within a base floodplain. 2. Where awardee's proposed pier construction was within a designated floodplain area, agency failed to properly consider whether there was any practicable alternative to selecting awardee's proposal, as was required by the terms of the solicitation. DECISION Port of Bellingham, of Bellingham, Washington, protests the award of a lease by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), to Port of Newport, of Newport, Oregon, pursuant to solicitation for offers (SFO) No. 09WSAO200C to provide office, warehouse, and related space for NOAA's Marine Operations Center-Pacific (MOC-P). We sustain the protest.

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