[Protest of GSA Award of Lease for Office Space]

B-238522,B-238522.2: Jun 12, 1990

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A firm protested a General Services Administration lease award for office and laboratory space, contending that: (1) the awardee could not meet the solicitation's occupancy date and performed unsatisfactorily on previous contracts; (2) GSA failed to conduct equal discussions; (3) GSA improperly evaluated cost proposals, including moving, utility, and parking costs; (4) GSA should have allowed bids that assumed utility costs; (5) GSA failed to prepare an environmental impact statement; (6) GSA failed to promptly notify unsuccessful offerers of the award; and (7) the GSA evaluation of proposals did not follow the design contract requirements. GAO held that: (1) the awardee's capability to construct a building in time for GSA use and its past contract experience were matters of responsibility, which it would not consider; (2) a GSA request for the awardee's responsibility information did not constitute discussions; (3) the GSA cost evaluation was reasonable and consistent with the solicitation specifications; (4) the protester untimely protested alleged solicitation improprieties; (5) enforcement of environmental legislation was not a part of its bid protest function; and (6) late notice of award did not prejudice the protester. Accordingly, the protest was dismissed in part and denied in part.

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