Statement Regarding Government Accountibility Office Bid Protest Decision Resolving Protest Filed by the Fedcar Company, LTD

The Government Accountability Office sustained a Fedcar Company, Ltd's. protest of the award of a lease contract to Duke Realty Limited Partnership by the General Services Administration (GSA) under solicitation for offers (SFO) No. GS-05B-18064, for the construction and lease of a dedicated campus facility in Indianapolis, Indiana, for use by the Federal Bureau of Investigation (FBI).

GAO found that the source selection was not reasonably based because the agency had incorrectly calculated costs of the lease, and the source selection document only discussed the strengths of the awardee's higher-rated, higher-priced proposal but not the weaknesses, or the strengths and the weaknesses found in protester's slightly lower-rated, lower-priced proposal.

GAO recommended that GSA amend the SFO and obtain revised proposals. GAO also recommended that GSA make a new source selection decision taking into account the correct present value of the office area per square foot price, and that the agency should fully document its cost/technical tradeoff, including a comparison of the proposals' strengths and weaknesses as well as the evaluated price difference. In the event that Fedcar's proposal is found to be the best value, award should be made to that firm. GAO also recommended that Fedcar be reimbursed the reasonable costs of filing and pursuing the protests, including reasonable attorneys' fees. 4 C.F.R. 21.8(d)(1).

Because this protest contains proprietary and source selection sensitive information, release of any further information is limited to counsel for the protesters and intervenor admitted under the GAO protective order issued for this protest and to GSA. GAO expects to release a public version after receiving suggested redactions from the parties. For any further information, please contact Michael R. Golden, Managing Associate