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B-295526 1 (2005-03-16)

handle is hein.gao/gaocrptaquj0001 and id is 1 raw text is: A G A O 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: Northrop Grumman Information Technology, Inc.; Broadwing Communications LLC; Level 3 Communications, Inc.; Qwest Government Services, Inc.; MCI WORLDCOM Communications, Inc. File: B-295526; B-295526.2; B-295526.3; B-295526.4; B-295526.5; B-295526.6; B-295526.7; B-295526.8; B-295526.9; B-295526.10 Date: March 16, 2005 John C. Chierichella, Esq., Anne B. Perry, Esq., Jonathan S. Aronie, Esq., Charmaine A. Howson, Esq., and Jaime H. Weinberg, Esq., Sheppard Mullin, for Northrop Grumman Information Technology, Inc.; Camron S. Hamrick, Esq., Marcia G. Madsen, Esq., David F. Dowd, Esq., Adrian L. Steel, Jr., Esq., William L. Olsen, Esq., and Michael J. Farley, Esq., Mayer, Brown, Rowe & Maw, for Broadwing Communications LLC; Rand L. Allen, Esq., John A. McCullough, Esq., James T. Bruce, III, Esq., and John W. Kuzin, Esq., Wiley Rein & Fielding, for Qwest Government Services, Inc.; David A. Churchill, Esq., Kevin C. Dwyer, Esq., Heather M. Trew, Esq., and David B. Robbins, Esq., Jenner & Block, for MCI WORLDCOM Communications, Inc.; Shelly L. Ewald, Esq., Timothy H. Heffernan, Esq., Todd R. Metz, Esq., and Julie L. Gentry, Esq., Watt, Tieder, Hoffar & Fitzgerald, for Level 3 Communications LLC, the protesters. Richard J. Conway, Esq., David N. Adler, Esq., Scott Arnold, Esq., Austi Fulk, Esq., and Lynne DeSarbo, Esq., Dickstein, Shapiro, Morin & Oshinsky, for AT&T, an intervenor. Lori R. Larson, Esq., David A. Ingold, Esq., Holly L. Hagen, Esq., and John T. Kirsch, Esq., Internal Revenue Service, Department of the Treasury, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where Department of Treasury negotiated during procurement for network services a memorandum of understanding (with the Office of Management and Budget and General Services Administration's Federal Technology Service) that significantly changed the approach set forth in solicitation and Federal Acquisition Regulation to determining whether to exercise the options, making it significantly less likely that the options would be exercised, and thus materially altering the basis upon which offerors prepared their proposals.

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