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B-418703.7,B-418703.8 Aug 11, 2021 1 (2021-08-11)

handle is hein.gao/gaomee0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Progress for Bakersfield Veterans, LLC File: B-418703.7; B-418703.8 Date: August 11, 2021 Elizabeth Jochum, Esq., Zachary Prince, Esq., and Nora Brent, Esq., Smith Pachter McWhorter PLC, for the protester. Kristin Grotecloss, Esq., Kathryn Downey, Esq., Department of Veterans Affairs, for the agency. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency was required to amend or cancel solicitation due to changed requirements is denied where neither agency's requirements, nor the terms and conditions of the solicitation, have changed. 2. Protest that agency improperly considered awardee's proposed lease as an operating lease is dismissed as untimely where the basis of the protest is that the agency should have included certain items in the rent calculation, but the solicitation specifically provided that the items in question would not be included in the rent calculation. 3. Protest that agency waived requirement that property be free of use restrictions is dismissed as untimely since it was not filed within 10 days after protester knew or should have known the basis of protest. DECISION Progress for Bakersfield Veterans, LLC (PBV), of Beverly Hills, California, protests the award of a lease to SASD Development Group, LLC, of San Diego, California, under solicitation for offers (SFO) No. 36C10F19R0067, issued by the Department of Veterans Affairs (VA) for the construction and lease of a community-based outpatient clinic in Bakersfield, California. PBV argues that the agency unreasonably failed to cancel or amend the solicitation in response to changed requirements, and that the agency improperly considered the awardee's lease and waived certain solicitation requirements. We deny the protest in part and dismiss it in part.

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