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B-276057 1 (1997-05-07)

handle is hein.gao/gaocrptafxc0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Kerry Lindahl File: B-276057 Date: May 7, 1997 Kerry Lindahl, the protester. Friedrich St. Florian, an intervenor. Harmon R. Eggers, Esq., and Lydia R. Kupersmith, Esq., General Services Administration, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester which entered design competition for the National World War II Memorial is an interested party to challenge the selection of a designer on the basis that the agency improperly reduced the amount of below-grade interior space allegedly required to be included in the design of the Memorial, notwithstanding that agency did not consider protester's late entry, since if the protest were sustained, the appropriate remedy would be a resolicitation under which the protester could compete. 2. Allegation that in selecting a final design for the National World War II Memorial contracting agency may not significantly change the amount of space required to be included in entries in the preliminary design competition--on the basis of which the designer finalist was selected--is denied where, when read in the context of the purpose of the competition, nothing in the Commerce Business Daily notice publicizing the design competition or in a program brochure distributed by the contracting agency to potential entrants can reasonably be read to limit the agency, in selection of a final design, to the physical characteristics listed as parameters for the preliminary design competition. DECISION Kerry Lindahl protests the selection of Friedrich St. Florian as the architect with whom to negotiate an architect-engineer (A-E) contract under solicitation No. GS-11P-96-AQC-0017. The solicitation was issued by the General Services Administration (GSA) on behalf of the American Battle Monuments Commission (ABMC), for design and other A-E services in connection with the National World War II (WWII) Memorial. The protester contends that after announcing the 104043

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