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B-400500,B-400500.2,B-400500.3,B-400500.4,B-400500.5,B-400500.6, 1 (2008-11-28)

handle is hein.gao/gaobadbef0001 and id is 1 raw text is: G A 0 Comptroller General 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: Velos, Inc.; OmniComm Systems, Inc.; PercipEnz Technologies, Inc. File: B-400500; B-400500.2; B-400500.3; B-400500.4; B-400500.5; B-400500.6; B-400500.7 Date: November 28, 2008 C. Joel Van Over, Esq., Jack Y. Chu, Esq., Corrie L. Plant, Esq., and Daniel S. Herzfeld, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Velos, Inc.; John G. Horan, Esq., and Courtney J. Edmonds, Esq., McKenna Long & Aldridge LLP, for OmniComm Systems, Inc.; and Philip A. Nacke, Esq., David T. Ralston., Jr., Esq., and Frank S. Murray, Esq., Foley & Lardner LLP, for PercipEnz Technologies, Inc., the protesters. David F. Dowd, Esq., and Roger D. Waldron, Esq., Mayer Brown LLP, for Medidata, Inc., the intervenor. James L. Weiner, Esq., and Sherry K. Kaswell, Esq., Department of Interior, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency conducted prejudicially misleading discussions where the agency specifically agreed that some terms in a software license agreement proposed by the protester were acceptable, but then rejected the protester's revised proposal because the license was determined unacceptable based on the terms which it had previously advised the protester were acceptable and did not advise the protester, prior to the submission of the revised proposal, that the agency no longer considered these terms to be acceptable. 2. As a general rule where discussions are opened or reopened, an offeror may revise any aspect of its proposal, including portions of its proposal which were not the subject of the discussions. DECISION Velos, Inc., OmniComm Systems, Inc., and PercipEnz Technologies, Inc. protest the award of a contract to Medidata, Inc. under request for proposals (RFP) No. 1406-04-

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