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B-278771 1 (1998-03-12)

handle is hein.gao/gaocrptahqd0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: J&E Associates, Inc. File: B-278771 Date: March 12, 1998 Barbara S. Kinosky, Esq., and James S. DelSordo, Esq., Kinosky, Phillips & Lieberman, for the protester. Col. Nicholas P. Retson, Capt. Patrick B. Kernan, and Mike Lonsberry, Esq., Department of the Army, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Organizational conflicts of interest exist for educational institutions submitting offers under a solicitation for educational support services where, as a contractor, the institution could advise government personnel to enroll in courses offered by that institution or verify billing statements submitted by the institution. Under such circumstances, the solicitation is required to contain a provision addressing the conflicts in accordance with Federal Acquisition Regulation Subpart 9.5. DECISION J&E Associates, Inc. protests request for proposals (RFP) No. DABT01-97-R-0019, issued by the Department of the Army for educational and technical support services at Fort Rucker, Alabama. J&E protests that the agency did not address organizational conflicts of interest in the RFP. We sustain the protest. The RFP stated the following: C.I.1. Scope of Work. The Contractor shall provide all educational and technical support services to include management, supervisory, professional, technical, and administrative personnel to accomplish all tasks described in this contract to operate the Army Continuing Education Center (ACE-C) at Fort Rucker, Alabama. Educational courses for service members at Fort Rucker are offered by educational institutions in the local area and elsewhere. Such courses are taught at the institution, at Fort Rucker, or by mail. The Army provides financial assistance to service members enrolling in such courses either by reimbursing the service

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