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B-418870.2,B-418870.3,B-418870.4 1 (2020-10-19)

handle is hein.gao/gaobaebxg0001 and id is 1 raw text is: 



GA.O U.S. GOVERNMENT ACCOUNTABILITY OFFICE
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
Decision                                      a GAO Protective Order. This redacted version has
               i  /  7been approved for public release.

Matter of:   Nelnet Diversified Solutions, LLC

File:     B-418870.2;   B-418870.3; B-418870.4

Date:       October 19, 2020

Steven S. Diamond, Esq., Stuart W. Turner, Esq., Nathaniel E. Castellano, Esq., and
James  R.S. Mestichelli, Esq., Arnold & Porter Kaye Scholer, LLP, for the protester.
Rebecca  E. Pearson, Esq., Christopher G. Griesedieck, Esq., and Taylor A. Hillman,
Esq., Venable LLP, for F.H. Cann & Associates, Inc.; and Scott F. Lane, Esq., Katherine
S. Nucci, Esq., and Jayna Marie Rust, Esq., Thompson Coburn LLP, for Missouri Higher
Education Loan Authority, and Texas Guaranteed Student Loan Corporation, the
intervenors.
Megan  R. Nathan, Esq., and John W. Kim, Esq., Department of Education, for the
agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Challenge to the evaluation of the protester's small business participation plan as
unacceptable is denied where the agency's evaluation was consistent with the terms of
the solicitation, which required offerors to propose small business participation as a
percentage of the total contract value, rather than as a percentage of the dollars
subcontracted.

2. Protest that the agency improperly failed to amend the solicitation because it knew or
should have known that its requirements had changed prior to award is denied where,
even if the agency should have amended the solicitation, there is no reasonable
possibility that the protester could have been prejudiced by the agency's failure to do
so.
DECISION

Nelnet Diversified Solutions, LLC, of Lincoln, Nebraska, challenges the award of
contracts by the Department of Education (DOE) to Edfinancial Services LLC, of
Knoxville, Tennessee, F.H. Cann & Associates LLC, of North Andover, Massachusetts,
MAXIMUS   Federal Services Inc., of Falls Church, Virginia, the Missouri Higher
Education Loan Authority, of Chesterfield, Missouri, and the Texas Guaranteed Student

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