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B-283900 1 (2000-01-18)

handle is hein.gao/gaocrptakyt0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                  of the United States
United States General Accounting 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: Williams Communications Solutions, LLC

         File:       B-283900

         Date:       January 18, 2000

         Carl L. Vacketta, Esq., Kevin P. Mullen, Esq., and Brian R. Kennedy, Esq., Piper,
         Marbury, Rudnick & Wolfe, for the protester.
         Judith Ward Mattox, Esq., for TennMark Telecommunications, Inc., an intervenor.
         Phillipa L. Anderson, Esq., and Dennis Foley, Esq., Department of Veterans Affairs,
         for the agency.
         Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest against agency determination that protester's proposal was technically
         noncompliant is denied where it is based on protester's unreasonable interpretation
         of solicitation requirements.

         2. Protest alleging that discussions were not meaningful is denied where record
         reflects that agency led protester into the area of its proposal in need of revision.
         DECISION

         Williams Communications Solutions, LLC protests the issuance of a task order to
         TennMark Telecommunications, Inc. by the Department of Veterans Affairs (VA),
         under task order proposal request No. VHA-020(642), issued to all Nortel Authorized
         General Services Administration (GSA) schedule representatives listed on GSA
         schedule No. GS-35F-1130D. The task order is for the upgrade of a telephone system
         at the VA Medical Center in Philadelphia. Williams argues that its proposal was
         improperly determined to be technically unacceptable, that the VA failed to conduct
         meaningful discussions, and that the VA improperly waived certain material
         requirements for the benefit of the awardee.

         We deny the protest.

         The proposal request was released on July 30, 1999, as a competitive Nortel GSA
         schedule procurement. Paragraph 2.17 of the request provided that the government
         would award a task order to the offeror whose offer conforming to the requirements

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