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B-218021.2 1 (1985-09-16)

handle is hein.gao/gaobadmcv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OP THE UNITED STATES SWASHINGTON. 0. C. 20548 FILE: B-218021.2 DATE: September 16, 1985 MATTER OF: BrightStar Communications Ltd. DIGEST: 1. Where no solicitation is issued, a claimant asserting that nonetheless an agency violated its duty to fairly and honestly consider a proposal submitted by claimant bears a significant burden to establish entitlement to proposal preparation costs. Where record supports agency's contention that it was merely engaged in soliciting information for planning purposes and had not sought proposals as part of a process that was to result in a contract award, payment of pro- posal preparation expenses is not warranted. 2. kllegation that agency misappropriated proprietary information and utilized the information in a subsequent RFP is denied since protester has not met its burden of showing proprietary nature of information allegedly misappropriated. 3. A firm is not entitled to the costs of pursuing a protest including attorney's fees, where the matter is filed prior to the effective date of the Competition in Contracting Act of 1984. BrightStar Communications Ltd. (BrightStar) requests reimbursement of the expenses incurred by the firm in preparing a proposal for the United States Information Agency (USIA) concerning the implementation of an expanded telecommunications system for USIA's Euronet System. The Euronet System transmits television quality programs origi- nating in Washington, D.C. for closed circuit reception at United States embassies throughout Europe. BrightStar contends that USIA encouraged the firm to submit a proposal 0331 (0 /J '2 YT

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