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B-401802 1 (2009-11-23)

handle is hein.gao/gaobadbcq0001 and id is 1 raw text is: L G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: DePonte Investments, Inc. File: B-401802 Date: November 23, 2009 Robert J. Moss, Esq., Dickstein Shapiro LLP, for the protester. Helen Y. Kearns, Esq., General Services Administration, for the agency. Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In procurement of leased space for detention facility, agency reasonably assigned weakness to protester's technical proposal with regard to experience where solicitation provided that primary consideration in evaluation was to be given to similar projects completed within the past 5 years, and protester's developer's resume did not reference any detention facility project meeting that standard. 2. Agency reasonably assigned weakness to protester's technical proposal with regard to experience based on finding that proposed architect lacked LEED (Leadership in Energy and Environmental Design) experience, where protester's architects' resumes included only one project, which was not fully operational and had not achieved certification at required LEED level. DECISION DePonte Investments, Inc., of Albuquerque, New Mexico, protests the exclusion of its proposal from the competitive range under solicitation for offers (SFO) No. 8NM219, issued by the General Services Administration (GSA) for construction of a detention facility for use by the Department of Homeland Security, Immigration and Customs Enforcement. DePonte challenges the evaluation of its technical proposal. We deny the protest. The SFO was issued on May 22, 2009 as a competitive negotiated acquisition for the design-build-lease of consolidated office space, including a detention facility, in Albuquerque, New Mexico. Agency Report (AR) at 2. The SFO provided for

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