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Federal Builders and James R. Belk Trust Protest of Lease Award sustained by Government Accountability Office

September 2014

Client(s) Federal Builders, LLC

Jones Day represented Federal Builders, LLC and The James R. Belk Trust (Federal Builders) in its protest before the Government Accountability Office (GAO) of the award of a lease under a request for lease proposals (RLP) issued by the U.S. General Services Administration (GSA) on behalf of the Department of Interior, Bureau of Land Management (BLM), for leased office and warehouse space. In its decision dated September 26, 2014, the GAO sustained Federal Builders' protest on the grounds that the Awardee's proposal was unacceptable for failure to meet a material solicitation requirement. In sustaining Federal Builders' protest, the GAO agreed that the Awardee committed to pay Davis-Bacon rates only for Tenant Improvement (TI) work, and in doing so, took exception to the RLP requirement to pay Davis-Bacon wage rates for all work proposed to satisfy the requirements of the lease, including reconstruction and major expansion of an existing building.

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