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B-275963 1 (1997-04-23)

handle is hein.gao/gaocrptafwr0001 and id is 1 raw text is: &vJTI? 1207415 Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Meyers Companies, Inc. File: B-275963; B-275963.2; B-275963.3 Date: April 23, 1997 Darcy V. Hennessy, Esq., Moore, Brower, Hennessy & Freeman, P.C., for the protester. Christopher M. Crowley, Esq., McDowell, Rice, Smith & Gaar, for Dr. William P. Schaetzel, an intervenor. Richard A. Say, Esq., U.S. Army Corps of Engineers, for the agency. C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Lease requirement that lessee erect and maintain fences to separate parcels, one from another, does not constitute a procurement of property or services sufficient to establish General Accounting Office jurisdiction over dispute concerning award of lease, since there is at best a tenuous connection between the need for fences and the agency's central mission. DECISION Meyers Companies, Inc. protests the award of a lease to Dr. William P. Schaetzel under notice of availability No. DACW41-97-B-RE-502, issued by the U. S. Army Corps of Engineers for the lease of land at the Sunflower Army Ammunition Plant (SAAP) near DeSoto, Kansas. Meyers contends that the awardee submitted a nonresponsive bid; and that, in any event, the agency had made an award orally to Meyers at bid opening, several days before the award to Dr. Schaetzel. We dismiss the protests for lack of jurisdiction.1 On November 6, 1996, the agency issued a notice that it would accept sealed bids for leases on nine parcels of land at SAAP. In addition to a cover sheet, the notice consisted of instructions to bidders; a lease form; land use regulations for SAAP and tract management plans for each parcel; and a bid form. Paragraph 5 of the instructions advised bidders to submit two signed copies of the lease form, for each 'Meyers withdrew its second protest, which concerned the agency's failure to stay performance during the pendency of that protest, after learning that the agency had, in fact, decided to stay performance until our Office issued its decision.

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