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B-402025.2,B-402541 1 (2010-06-01)

handle is hein.gao/gaobadbhy0001 and id is 1 raw text is: G A O 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: JER 370 Third Street, LLC File: B-402025.2; B-402541 Date: June 1, 2010 Richard J. Conway, Esq., and Pablo Nichols, Esq., Dickstein Shapiro LLP, for the protester. Allan I. Aasmaa, 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 of agency decision to cancel solicitation and resolicit the requirement is sustained where record fails to demonstrate reasonable basis for contracting officer's conclusion that competition under the original solicitation was inadequate. DECISION JER 370 Third Street, LLC (JER) of Menlo Park, California, protests the decision by the General Services Administration (GSA) to cancel solicitation for offers (SFO) No. GS-09B-02312, for the lease of office space to be used by the Environmental Protection Agency (EPA) in San Francisco, California. JER also protests the agency decision to issue a new solicitation for the same requirement. The protester contends that the agency lacked a reasonable basis for canceling the first solicitation. We sustain the protest. BACKGROUND SFO No. GS-09B-02312, which was issued in December 2008, sought proposals for the lease of approximately 290,950 square feet of office and related space in San Francisco's central business district for a term of 15 years. The SFO included sections defining both location requirements and unique requirements, and the

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