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B-400486 1 (2008-11-21)

handle is hein.gao/gaobadaqv0001 and id is 1 raw text is: I G A 0Comptroller General WAM Accountability * 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 was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Sallie Mae, Inc. File: B-400486 Date: November 21, 2008 William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Anthony J. Pagano, Esq., Peter A. Riesen, Esq., and Patrick R. Quigley, Esq., Venable LLP, for the protester. Frank Peterson for ACS Education Solutions, LLC, an intervenor. Jeffrey Morhardt, Esq., and Antoiner White, Esq., Department of Education, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that modification of contract for management of student loans to include the servicing of loans the government will acquire pursuant to recent legislation is denied where protester fails to demonstrate that contract, as originally awarded, did not contemplate the servicing of the type of loans to be acquired. DECISION Sallie Mae, Inc. of Reston, Virginia protests the Department of Education's modification of contract No. ED-04-CO-0004, awarded to ACS Education Solutions, LLC of Rockville, Maryland for the management of student loans, to include the servicing of loans that the Department will acquire as a result of recently enacted legislation to bolster the student loan credit market. The protester contends that the modification represents an out-of-scope change to the awarded contract and that it results in an improper sole-source award to ACS. We deny the protest. BACKGROUND The Department of Education awarded contract No. ED-04-CO-0004 (the Common Services to Borrowers (or CSB) contract) to ACS on November 20, 2003, after a competition in which Sallie Mae participated. The contract was awarded pursuant to request for proposals (RFP) No. ED-03-R-0010, which sought an integrated solution for the management of three areas of the federal student loan program, ie,

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