Guardian Development Group, LLC (36C25624R0124)

Case: B-424069 Agency: Department of Veterans Affairs : Department of Veterans Affairs Date: 2026-01-29 Denied
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B-424069,B-424069.2 Jan 29, 2026 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Guardian Development Group, LLC, a service-disabled veteran-owned small business (SDVOSB) of Golden, Colorado, protests the award of a lease for outpatient clinic space to VetMed Property LLC, an SDVOSB of Minneapolis, Minnesota, by the Department of Veterans Affairs (VA), under request for lease proposals (RLP) No. 36C25624R0124. The protester challenges the agency's evaluation of its technical proposal as unreasonable, argues that the agency used unstated evaluation criteria in its evaluation of the protester's technical proposal, and asserts that the VA unreasonably made award to an offeror for lease of clinic space that did not comply with the requirements of the solicitation. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of: Guardian Development Group, LLC File: B-424069; B-424069.2 Date: January 29, 2026 Seamus Curley, Esq., Sanam Analouei, Esq., and Joshua B. Fix, Esq., Dentons US LLP, for the protester. Gordon Griffin, Esq., Richard Ariel, Esq., and Susannah Gilmore, Esq., Holland & Knight, LLP, for VetMed Property LLC, the intervenor. Laetitia C. Coleman, Esq., Department of Veterans Affairs, for the agency. Hannah G. Barnes, Esq., and April Y. Shields, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's finding that the protester's proposal was not compliant with the solicitation is denied. The record establishes that the agency's evaluation was reasonable and consistent with the evaluation criteria. In any event, the agency evaluated the protester's proposal and considered it in the best-value tradeoff determination as though it were eligible for award. 2. Protest that the agency applied unstated evaluation criteria in its evaluation of the protester's proposal is denied where the challenged evaluation findings were logically encompassed within the stated evaluation criteria. 3. Protest that the agency improperly made award to an offeror allegedly proposing clinic space outside the area delineated by the solicitation is denied where the agency's evaluation of the awardee's proposal was reasonable and consistent with the terms of the solicitation. DECISION Guardian Development Group, LLC, a service-disabled veteran-owned small business (SDVOSB) of Golden, Colorado, protests the award of a lease for outpatient clinic space to VetMed Property LLC, an SDVOSB of Minneapolis, Minnesota, by the Department of Veterans Affairs (VA), under request for lease proposals (RLP) No. 36C25624R0124. The protester challenges the agency's evaluation of its technical proposal as unreasonable, argues that the agency used unstated evaluation criteria in its evaluation of the protester's technical proposal, and asserts that the VA unreasonably made award to an offeror for lease of clinic space that did not comply with the requirements of the solicitation. We deny the protest. BACKGROUND The RLP, issued on August 29, 2024, as an SDVOSB set-aside, provided for the award of a 20-year lease, with a 10-year firm term,[1] of outpatient clinic space and associated parking spots in or near Rosenberg, Texas. Agency Report (AR), Exh. 2, RLP at 4, 14; Memorandum of Law (MOL) at 1.[2] The RLP contemplated the lease of 42,882 square feet of space within a specific area of consideration delineated by the solicitation. RLP at 4. The solicitation established the geographical limits for proposed clinic space by naming the streets, roads, and highways that formed the northern, southern, eastern, and western boundaries of the designated area of consideration. RLP at 4-5. As relevant here, the solicitation stated that the following roads constituted the southern boundary in Rosenberg, Texas, and Richmond, Texas: University Boulevard, continuing for 7 miles in a southwest direction until it merges with Interstate 69 (I-69), and continuing along I‑69 for 15 miles south to Patton Road. Id. at 5; see AR, Exh. 10, Delineated Area Map at 1. The RLP advised that buildings with property boundaries “on the boundary streets are deemed to be within the delineated [a]rea of [c]onsideration.” RLP at 5. The solicitation provided for award on a best-value tradeoff basis, to the responsible offeror whose proposal conformed to the RLP requirements and was most advantageous to the agency, considering price and five technical factors: design concept, location, delivery schedule, past performance, and operations and maintenance plan. Id. at 19; Req. for Dismissal, Exh. 1, Amendment 0002 and 0003 at 1.

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