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B-413156.21 1 (2016-10-14)

handle is hein.gao/gaobadthy0001 and id is 1 raw text is: 




          G     A    O                                                   Comptroller General
LAccountability * Integrity * Reliability                                 of the United States
  United States Government Accountability Office  DOCUMENT FOR PUBLIC RELEASE
  Washington, DC 20548                                The decision issued on the date below wassubjectto
                                                       a GAO Protective Order. This redacted version has
                                                       been approved for public release.
           Decision                                                                     ....-.--------------


           Matter of:   The Arbinger Company--Advisory Opinion

           File:        B-413156.21

           Date:        October 14, 2016

           David Gallacher, Esq., and Derek R. Mullins, Esq., Sheppard, Mullin, Richter &
           Hampton LLP, for the protester.
           Christopher Murphy, Esq., and Kristen M. Nowadly, Esq., General Services
           Administration, for the agency.
           Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel,
           GAO, participated in the preparation of this advisory opinion.
           DIGEST

           Where solicitation required offerors to submit a specific version of a document, and
           warned offerors not to alter the document, the agency reasonably eliminated
           protester's proposal from consideration when protester submitted a different version
           of the document.
           DECISION

           The Arbinger Company, a small business of Farmington, Utah, challenges the
           elimination of its proposal from consideration for award under request for proposals
           (RFP) No. GS02Q1 5CRR0002 (frequently referred to as the Human Capital and
           Training Solutions Small Business (HCaTS SB) solicitation), issued by the General
           Services Administration (GSA) to provide training and development services across
           the federal government. Arbinger submitted a protest to our Office on May 20,
           2016, in which it asserted that the agency unreasonably rejected Arbinger's
           proposal because it submitted the wrong version of an RFP attachment. Arbinger
           also argued that the agency should have engaged in clarifications to allow Arbinger
           to submit the correct version of the attachment.

           On July 19, we dismissed Arbinger's protest, and several others, when another
           offeror under the solicitation submitted a protest to the United States Court of
           Federal Claims.1 Bid Protest Regulations, 4 C.F.R. § 21.11(b) (2016). On

           1 The Arbinqer Co., et al., B-413156.4 et al., July 19, 2016 (unpublished decision).