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B-283497 1 (1999-11-30)

handle is hein.gao/gaocrptajmo0001 and id is 1 raw text is: 



                   -e GeAtOa
 E                                                               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: PeopleSoft USA, hic.

         File:       B-283497

         Date:       November 30, 1999


         Alan M. Grayson, Esq., Ira E. Hoffman, Esq., and Brian T. Scher, Esq., Grayson &
         Associates, for the protester.
         David S. Cohen, Esq., and John J. O'Brien, Esq., Cohen Mohr, for SAP Public Sector
         and Education, Inc., an intervenor.
         Ruth L. Ramsey, Esq., Peace Corps, for the agency.
         Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Agency met its obligation to conduct meaningful discussions where record shows
         that it put protester on notice of its principal concern with the protester's proposal,
         namely, the fact that certain of the functionality required by the solicitation was not
         yet available, since the protester's offered software had not yet been released.
         DECISION

         PeopleSoft USA, Inc. protests the elimination of its proposal from the competitive
         range under letter of interest (LOI) No. PCORPS-99-R-1023, issued by the Peace
         Corps for financial management software. PeopleSoft asserts that the agency
         improperly failed to conduct meaningful discussions with it before eliminating its
         proposal from further consideration.





         'PeopleSoft's initial protest also alleged that the agency had improperly evaluated
         proposals using an unstated evaluation criterion, and that one of the other
         competitors in the acquisition had an improper organizational conflict of interest; the
         protester expressly withdrew these bases for protest in its comments responding to
         the agency report.

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