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B-419028 1 (2020-10-26)

handle is hein.gao/gaobaebws0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Silver Investments, Inc.

File:       B-419028

Date:       October 26, 2020

Robert Martin, Silver Investments, Inc., for the protester.
Melissa McClellan, Esq., Department of Agriculture, for the agency.
Emily R. O'Hara, Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest challenging agency's issuance of a lease contract is dismissed as untimely
where protester's communications with agency did not constitute an agency-level
protest, and the protest was filed more than 10 days after the notice that formed the
basis of its protest was received by protester.
DECISION

Silver Investments, Inc., of Red Bluff, California, protests the award of a lease to
Cornerstone Community  Bank, of Red Bluff, California, under request for lease proposal
(RLP) No. 57-9104-19-001, issued by the Department of Agriculture (USDA), Natural
Resources Conservation Service, for office space. The protester contends that the
award is improper because the awardee's office space did not meet the solicitation's
requirements for parking space.

We  dismiss the protest as untimely because it was filed more than 10 days after the
protester knew, or should have known, the basis for its protest.

BACKGROUND

The USDA  issued the RLP on October 9, 2019, for office space within Red Bluff,
California. Req. for Dismissal, Tab 1, RLP at 5, 10. The RLP contemplated the award
of the lease for 20 years based on the lowest-priced, technically acceptable offer
submitted. Id. at 5, 27. As relevant here, the RLP indicated that the agency's minimum
requirements for the leased property included 6,465 square feet of office space and
59 total parking spaces. Id. at 5. The protester submitted its proposal before the
proposal due date. Req. for Dismissal at 1.

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