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B-407717,B-407717.2 1 (2013-01-28)

handle is hein.gao/gaobadpjs0001 and id is 1 raw text is: i G A O Comptroller General Aca ntab ityii 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 Decision .beenapprovedforpubic release. Matter of: Walsh Investors, LLC File: B-407717; B-407717.2 Date: January 28, 2013 Joseph J. Dyer, Esq., Bennett Greenberg, Esq., and Erica L. Marshall, Esq., Seyfarth Shaw LLP, for the protester. Robert J. Symon, Esq., and Aron C. Beezley, Esq., Bradley Arant Boult Cummings LLP, for the intervenor. James C. Wagner, Esq., Department of Veterans Affairs, for the agency. Cherie J. Owen, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly misled protester to raise the amount of its building and maintenance reserve by advising during discussions that the firm's reserve appeared to be low in relation to other offerors is denied where information provided by agency was accurate, was provided to all offerors, and the record indicates that protester's decision to raise its reserve was a business decision not compelled by the agency. 2. Protest that agency used unstated evaluation criteria in evaluating awardee's proposal is denied where agency's consideration of protester's offer of additional land adjacent to the development site was reasonably related to the stated evaluation criteria for development of the site. 3. Protest challenging the agency's conclusion that the advantages in the awardee's non-price proposal merited selection of its higher-priced proposal is denied where the agency's judgments were reasonable, consistent with the stated evaluation scheme, and adequately documented. DECISION Walsh Investors, LLC, of Chicago, Illinois, protests the award of a contract to Fedcar Company Ltd., under solicitation No. VA-101-12-R-0087, issued by the Department of Veterans Affairs (VA) for the lease of a healthcare center in Fayetteville, North Carolina. Walsh contends that the agency engaged in

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