The protester challenged the award of a lease. GAO ruled the protester wasn’t an interested party. The protester was fifth in line for award. The protester had challenged the evaluation of intervening offerors. But GAO found that the challenge to at least one offeror lacked merit. The protester would never be next in line for award. The protest wasn’t viable.
LT4-5, LLC, GAO B-421243 et al.
Background
The Department of Veterans Affairs posted a request for lease proposals. The solicitation required 140 parking spaces. Also, the property could not lie within a 100-year floodplain. Award would go to the lowest-priced, technically acceptable offer.
After evaluating six proposals, the VA awarded the lease to Epic Consulting. An unsuccessful bidder, LT4-5 protested. LT4-5 claimed that Epic’s space didn’t have 140 parking spaces.
Analysis
GAO found that LT4-5 was not an interested party. LT4-5 was fifth in line for award. LT4-5 challenged the acceptability of each intervening offeror. But GAO determined that at least one of these challenges lacked merit. LT4-5 argued that one of the intervening offerors had proposed a building in a floodplain. Alas, the property was near but not in a floodplain. Because LT40-5 hadn’t successfully challenged at least one of the intervening offerors, it was not next in line for award.
LT4-5 is represented by George E. Stewart, Brian P. Waagner, and Steven A. Neeley of Husch Blackwell LLP. The intervenor, Epic, is represented by Hadeel Masseoud and Diana Parks of Curran Legal Services Group, Inc. The agency is represented by Natica Chapman Neely of the Department of Veterans Affairs. Michelle E. Litteken and Christina Sklarew participated in the decision.
–Case summary by Craig LaChance, Senior Editor
