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B-417596.10 Mar 17, 2021 1 (2021-03-17)

handle is hein.gao/gaolgn0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been Decision approved for public release. Matter of: International Business Machines Corporation File: B-417596.10 Date: March 17, 2021 Keith R. Szeliga, Esq., Adam Bartolanzo, Esq., Daniel Alvarado, Esq., and Shaunna Bailey, Esq., Sheppard, Mullin, Richter, & Hampton LLP, for the protester. Pamela Kennerly Ignatius, Esq., and Wade L. Brown, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging terms of solicitation in connection with corrective action taken in response to a previous post-award protest is dismissed because the protest challenges patent ambiguities in the terms of the solicitation that the protester previously knew or reasonably should have known of and challenged. DECISION International Business Machines Corporation (IBM), of Bethesda, Maryland, protests the terms of request for task order proposals (RFTOP) No. UNAWRD-19-R-UNIF, which was issued by the Department of the Army, U.S. Army Contracting Command - Rock Island, for Unified Enterprise Resource Planning (ERP) Capability Support Services. IBM alleges that the Army's response to its prior post-award protest and subsequent clarifications to the RFTOP issued as part of the agency's corrective action are ambiguous and do not allow offerors to intelligently prepare their proposals, or for the agency to evaluate them, on a common basis. We dismiss the protest. BACKGROUND The RFTOP, which was issued on June 10, 2019, and subsequently amended 10 times, seeks proposals from holders of the National Institutes of Health Chief Information Officer - Solutions and Partners 3 (CIO-SP3) multiple-award, indefinite-delivery,

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