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B-297099 1 (2005-12-05)

handle is hein.gao/gaocrptaqzb0001 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
Washington, DC 20548



          Decision


          Matter of: Europe Displays, Inc.

          File:        B-297099

          Date:        December 5, 2005

          Thomas C. Papson, Esq., and Jason N. Workmaster, Esq., McKenna Long & Aldridge,
          LLP, for the protester.
          Joseph A. Pixley, Esq., Department of Transportation, for the agency.
          Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Agency unreasonably awarded a contract for the design and construction of an
          exhibition pavilion on a sole-source basis under simplified acquisition procedures to
          a firm that the agency believed the exhibit organizer required be used, where the
          agency's belief was erroneous and unreasonable.

          2. A firm's statement of interest and technical capability to compete in response to
          an agency's published notice of intent to negotiate a contract on a sole-source basis
          is not a bid or proposal for which the GAO will recommend reimbursement of bid
          and proposal preparation costs where protest of sole-source award is sustained.
          DECISION

          Europe Displays, Inc. protests the sole-source award of a contract to Connexion
          under solicitation No. FTA-05-0256, issued by the Department of Transportation,
          Federal Transit Administration (FTA), for the design, construction, maintenance and
          dismantling of a pavilion at the Mobility and City Transport Exhibition in Rome,
          Italy.

          We sustain the protest.

          The Mobility and Transport Exhibition, which is organized by the UITP-International
          Association of Public Transport, is a bi-annual international exhibition for the public
          transportation industry. This year's exhibition was held on June 6-9, 2005 in Rome.

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