Parcel 47C LLC, B-286324; B-286324.2, December 26, 2000

Parcel 47C LLC, B-286324; B-286324.2, December 26, 2000 TITLE: Parcel 47C LLC, B-286324; B-286324.2, December 26, 2000 BNUMBER: B-286324; B-286324.2 DATE: December 26, 2000 ********************************************************************** Parcel 47C LLC, B-286324; B-286324.2, December 26, 2000 Decision Matter of: Parcel 47C LLC File: B-286324; B-286324.2 Date: December 26, 2000 Richard J. Conway, Esq., and Charlotte Rothenberg Rosen, Esq., Dickstein Shapiro Morin & Oshinsky, for the protester. Barry D. Segal, Esq., and Edith L. Toms, Esq., General Services Administration, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a solicitation for the design, build, and lease of space, the contracting agency reasonably found that requiring post-award evidence that the awardee has site control represents an actual need of the government. DECISION Parcel 47C LLC protests the terms of solicitation for offers (SFO) No. 99-016, as amended, which was issued by the General Services Administration (GSA) for the design, build, and lease of space for a headquarters building for the Department of Transportation (DOT). Parcel objects to the SFO's site control and parking space provisions. We deny the protest. The SFO, issued on November 23, 1999, sought proposals for a new headquarters for DOT, consisting of approximately 1.35 million square feet of space and 145 parking spaces [1] to be provided under a fixed-price, 15-year lease with a 10-year extension option. [2] SFO sect. A.7. Besides the 145 official parking spaces to be included in the rental rate, the offeror was required to offer at least the number of parking spaces required under zoning laws of the District of Columbia (D.C.). Such additional parking was required to be made available to DOT employees and contractors on a daily or month-to-month basis at prevailing market rates. Offerors were informed that the government had the right to impose security restrictions on access to the garage during the lease term and that no parking of third-party vehicles would be allowed. SFO sect. A.8. Offerors were also informed that after lease award the lessor would, with the government's participation, design a project to satisfy DOT's needs within the budget offered. SFO sect. D.5. Offerors were also informed that the lessor would be required to provide the total funding commensurate with its proposed budget. SFO, Executive Summary, at i. The SFO provide for a two-phased evaluation process. SFO sect. C.1. Under phase I, offers would be evaluated for the quality of the proposed site, design team, and developer and for compliance with stated minimum requirements. Two of the stated requirements under phase I were the following: For privately owned sites, evidence by the Offeror, acceptable to the [contracting officer], of site ownership, access to ownership through held options, ground lease, or other evidence that ownership or access to ownership will be achievable by the due date for Phase II submissions[;] and [a]bility to deliver 1.3 -- 1.35 million rentable square feet fully in compliance with this SFO under current land use approval processes within six years of lease award either individually or in combination with an adjacent Offeror. SFO sect. C.2.2. The SFO provided that a maximum of five offerors would be selected to proceed to phase II. SFO sect. C.1. The following technical evaluation factors were identified for the evaluation of offers under phase II: financial considerations; massing design; site; schedule; environmental mitigation; and operations and maintenance plan. The relative importance of each of the factors was identified, as well as subfactors (and their weighting) for each of the evaluation factors. SFO sect.sect. C.1, C.5. The SFO provided for award on the basis of a cost/technical tradeoff and informed offerors that price was significantly less important than the technical factors combined. SFO sect.sect. A.19, C.1. The SFO also stated a number of pre-award and post-award development requirements. SFO sect. D. Among other things, the SFO provided as follows: No less than 10 working days prior to Lease award, the Government shall notify the preferred Offeror of its intent to award the Lease to that Offeror. During the subsequent 10 days, the Offeror shall either deposit or post an irrevocable letter of credit in an amount equal to $20,000,000. SFO sect. D.1.1. In addition, the lessor was required within 5 working days of the lease award to demonstrate, "[t]o the extent control of all or a portion of the site was evidenced by purchase contracts or other agreements" that "required closing(s) have occurred and that title is unconditionally and irrevocably vested in the Lessor." SFO sect. D.1.2.a.