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B-417333 1 (2019-03-26)

handle is hein.gao/gaobadvsu0001 and id is 1 raw text is: 



GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States


                                                       DOCUMENT FOR PUBLIC RELEASE
Decision                                             The decision issued on the date below was subject to
                                                     a GAO Protective Order. The entire decision is now
                                                     authorized for public release.
Matter of: Oppenheim Management, LLC

File:        B-417333

Date:     March 26, 2019

Robert C. MacKichan, Jr., Esq., and Gordon Griffin, Esq., Holland & Knight, LLP, for the
protester.
Julie A. Holvik, Esq., General Services Administration, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest allegations that, on the face of protester's submissions, fail to present
factually and legally sufficient bases for protest are dismissed.

2. Post-closing-date protest that challenges the necessity for a solicitation requirement
is dismissed as untimely.
DECISION

Oppenheim Management, LLC, of Brooklyn, New York, protests the General Services
Administration's (GSA) exclusion of Oppenheim's proposal from further consideration in
a procurement, conducted pursuant to request for lease proposals (RLP) No. 7PA2333,
to provide leased space for the U.S. Social Security Administration (SSA) in Scranton,
Pennsylvania. Oppenheim asserts that the agency incorrectly determined that
Oppenheim's proposal failed to comply with the solicitation's column spacing
requirements, and complains that the agency failed to conduct discussions regarding
that requirement. Additionally, Oppenheim asserts that exclusion of Oppenheim's
proposal lacks a rational basis, since its proposed building is capable of meeting the
agency's needs. Protest at 2.

We dismiss the protest.

BACKGROUND

In December 2018, the agency issued RLP No. 7PA2333 to provide leased space for
the SSA in Scranton, Pennsylvania. Protest, exh. A, RLP. Among other things, the

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