B-298110, Bristol Group, Inc.--Union Station Venture, June 2, 2006

B-298110 Jun 02, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Bristol Group, Inc.--Union Station Venture protests the location amenities requirement in solicitation for offers (SFO) No. 4DC0275, issued by the General Services Administration (GSA) for office space for the Department of Veterans Affairs (VA). Bristol asserts that the requirement is unduly restrictive and that the agency intends to apply undisclosed evaluation criteria that could preclude Bristol from receiving award. We deny the protest. View Decision B-298110, Bristol Group, Inc.--Union Station Venture, June 2, 2006 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Bristol Group, Inc.--Union Station Venture File: B-298110 Date: June 2, 2006 Robert C. MacKichan, Jr., Esq., Kristen E. Ittig, Esq., and Stuart W. Turner, Esq., Holland & Knight LLP, for the protester. Sharon Roach, Esq., Edith L. Toms, Esq., and Elizabeth A. Hall, Esq., General Services Administration, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In solicitation for leased space, requirement that offered building be located within 2,500 walkable linear feet of various amenities is not unduly restrictive; requirement is reasonably aimed at ensuring that tenant federal employees will be able to walk to and from eating establishments and conduct other errands within the time allotted for lunch. DECISION Bristol Group, Inc.--Union Station Venture protests the location amenities requirement in solicitation for offers (SFO) No. 4DC0275, issued by the General Services Administration (GSA) for office space for the Department of Veterans Affairs (VA). Bristol asserts that the requirement is unduly restrictive and that the agency intends to apply undisclosed evaluation criteria that could preclude Bristol from receiving award. We deny the protest. The SFO sought 88,000 rentable square feet for VA, to be located in the Central Employment Area of Washington, D.C. The SFO, as amended, provided as follows regarding the location amenities: A variety of inexpensive fast food and moderately priced sit-down cafeteria or table service restaurants must be located within 2,500 walkable linear feet [WLF]; and a variety of other employee services such as retail shops, cleaners, banks, etc., must be located within 2,500 [WLF]. To meet this requirement, amenities must be existing or the offeror must demonstrate to the reasonable satisfaction of the Government (i.e. through evidence of signed leases, construction contracts, etc.) that such amenities will exist by the Government's required occupancy date. SFO, para. 1.3(A)(3). [1] Bristol submitted an offer for its building at One NoMa Station (NMS) on M Street, N.E., in Washington, D.C.However, Bristol also filed this protest, asserting that the proximity requirements in the location amenities clause are unduly restrictive of competition. A contracting agency has the discretion to determine its needs and the best method of accommodating them; we will review the agency's judgment for reasonableness. Parcel 47C LLC, B-286324, B-286324.2, Dec. 26, 2000, 2001 CPD para. 44 at 7. An agency may include geographic restrictions if they are reasonably necessary for the agency to meet its minimum needs. NFI Mgmt. Co., B-240788, Dec. 12, 1990, 90-2 CPD para. 484 at 2. The fact that a requirement may be burdensome or even impossible for a particular firm to meet does not make it objectionable if the requirement properly reflects the agency's needs. Computer Maint. Operations Servs., B-255530, Feb. 23, 1994, 94-1 CPD para. 170 at 2. GSA has established that the location amenities requirement reasonably reflects its actual needs. GSA explains that the types of amenities specified in the SFO are common in city locations, and that developers commonly include retail space inside buildings in central employment areas to accommodate the ordinary and reasonable needs of their tenants. Contracting Officer's Statement para. 8; Agency Report (AR) at 6. VA employees are allowed 30 minutes for lunch and need to be able to walk to the amenity and back, wait in line, order, and eat their lunch within that break time. Contracting Officer's Statement paras. 7, 9; AR at 6. GSA also notes that one of the VA offices to be located in the solicited space provides training, outreach, and assistance to veterans, including disabled veterans, and thus will likely have disabled veteran visitors. Contracting Officer's Statement paras. 5, 7.