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B-299798.2 1 (2007-08-28)

handle is hein.gao/gaobaczze0001 and id is 1 raw text is: 

  I

         G    A     0Comptroller General
L LA   Accountability * Integrity * Reliability                     of the United States
United States Government Accountability Office
Washington, DC 20548


             D   ..
         Decision


         Matter  of:  Council for Adult & Experiential Learning

         File:        B-299798.2

         Date:       August 28, 2007

         John R. Zappa for the protester.
         Thomas  P. Humphrey, Esq., Amy Laderberg O'Sullivan, Esq., and Adelicia Cliffe
         Taylor, Esq., Crowell & Moring LLP, for IBM Global Business Services, an intervenor.
         Maj. Geraldine R. Chanel, Department of the Army, for the agency.
         Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         Post-award challenges to solicitation terms are dismissed as untimely and challenges
         to agency's evaluation of proposals are denied because they are based on untimely
         allegations and fail to specifically identify flaws with the agency's evaluation.
         DECISION

         The Council for Adult & Experiential Learning (CAEL) protests the award of a
         contract to IBM Global Business Services under request for proposals (RFP)
         No. W74V8H-06-R-0007, issued by the Department of the Army, Army Continuing
         Education System (ACES), for integration and other technical services for the
         GoArmyEd   program. The protester contends that the terms of the solicitation
         created a competition that was biased in favor of IBM, the award to IBM was tainted
         by organizational conflicts of interest (OCI), and the agency unreasonably evaluated
         the offerors' proposals.

         We  dismiss in part and deny in part the protest.

         BACKGROUND

         The GoArmyEd   program offers active duty soldiers anytime, anywhere access to
         educational opportunities from accredited postsecondary education institutions
         through an online web-based portal. The program allows soldiers to select a degree
         program, enroll in and access courses, obtain education counseling, and access
         financial aid and other support services. The program also provides infrastructure

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