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B-402025.3 1 (2010-12-16)

handle is hein.gao/gaobadbps0001 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: JER 370 Third Street, LLC File: B-402025.3 Date: December 16, 2010 Richard J. Conway, Esq., and Pablo A. 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 challenging agency's implementation of corrective action taken in response to GAO recommendation in prior sustained protest is denied where record demonstrates that agency had reasonable basis for taking corrective measures beyond those GAO recommended. DECISION JER 370 Third Street, LLC (JER) of Menlo Park, California, protests the corrective action that the General Services Administration is taking in response to our recommendation in JER 370 Third Street, LLC, B-402025.2, B-402541, June 1, 2010, 2010 CPD ¶ 120. In that decision, we sustained JER's protest of the cancellation of solicitation for offers (SFO) No. GS-09B-02312, for the lease of office space to be used by the Environmental Protection Agency in San Francisco, California, finding that the record failed to demonstrate a reasonable basis for the agency's decision to cancel. We recommended that the agency reinstate the cancelled solicitation and proceed with source selection; in connection with our recommendation, we explicitly recognized that the selection process might include further consideration of the technical acceptability of the offers in light of the concerns expressed by the agency in response to the protest. The agency responded to our recommendation by reinstating the cancelled SFO, amending it, and inviting offerors to submit revised proposals. The protester argues that these actions are inconsistent with our recommendation and thus are improper. We deny the protest.

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