Protester Claimed Solicitation Conflicted With Presidential Memo Requiring In-Person Work. GAO Was Unconvinced

The protester challenged a co-location requirement on a request for proposals. It argued that due to a space restriction, the agency could not comply with the presidential memorandum that directed agency personnel to be back in the office full-time, in person. GAO denied the protest because the agency established that co-location was necessary.

721 Medical Center Property, LLC, GAO B-423227; B-423227.2

• Protest – The protester objected to the terms of request for lease proposals (RLP) to lease office space for three federal tenant agencies in a single location. It argued the solicitation’s setback restrictions and co-location requirement were unduly restrictive. Allegedly, the provisions marked only a “preference” rather than a “necessity.” This, it claimed, made the restrictions impermissible.
• Co-location Requirement – The solicitation required a location that could hold multiple departments under a single lease in one building. The agency contended it was reasonably necessary because it would achieve a 25% reduction in administrative space, reduce duplicate space, and save money. GAO found the agency established co-location was necessary to meet the agency’s needs and that the protester did not meaningfully respond to the agency’s explanation. The protester only argued that such limited space conflicted with the presidential memorandum that directed agency personnel back into the office for full-time, in-person work.
• Setback Requirement – The protester objected to the requirement that the lease location had to be at least 200 yards from, and out of direct sight of, protected areas such as daycares. The property had been adjacent to a daycare for 10 years. GAO was persuaded by the agency’s response that the setback requirement was necessary to comply with ICE’s facility design guide and a 2021 DHS Memorandum. Further, the agency showed that it thoroughly assessed and discussed appropriate setback distances before it landed on 200 yards.

The protester was represented by Diana Parks and Hadeel N. Masseoud of Curran Legal Services Group, Inc. Jessica A. Gunzel, Adrienne E. Washington, and Tammi Snyder-Queen of GSA represented the agency. Thomas J. Warren and Alexander O. Levine of GAO participated in the preparation of the decision.

— Case summary by Joshua Lim, Assistant Editor.