B-233301, Nov 1, 1988, 88-2 CPD 425
Highlights
PROCUREMENT - Bid Protests - Private disputes - GAO review DIGEST: The General Accounting Office will not consider an allegation that awardee will infringe on another's copyright as that is essentially a dispute between private parties. Alden states that it is the exclusive distributor of "One God" in the United States and distribution of the videotape by CAP would constitute an infringement of copyright law. Alden asserts that the RFP was flawed by allowing others to compete on providing this product. We will not consider an allegation of a breach of copyright laws because that is essentially a dispute between private parties which cannot be adjudicated by this Office. This matter is for resolution by the courts.
B-233301, Nov 1, 1988, 88-2 CPD 425
PROCUREMENT - Bid Protests - Private disputes - GAO review DIGEST: The General Accounting Office will not consider an allegation that awardee will infringe on another's copyright as that is essentially a dispute between private parties.
Alden Films:
Alden Films protests the award of a contract to Commonwealth Atlantic Productions (CAP) under request for proposals (RFP) No. DAEA08 88-R-5020, issued by the Joint Visual Information Activity, United States Army Audiovisual Center, for a quantity of 1/2 inch videotapes entitled "One God."
We dismiss the protest.
Alden states that it is the exclusive distributor of "One God" in the United States and distribution of the videotape by CAP would constitute an infringement of copyright law. Alden states that it would be illegal for the government to knowingly receive goods that do not come from a legitimate source. Alden asserts that the RFP was flawed by allowing others to compete on providing this product.
We will not consider an allegation of a breach of copyright laws because that is essentially a dispute between private parties which cannot be adjudicated by this Office. See NEFF Instrument Corp., B-216236, Dec. 11, 1984, 84-2 CPD Para. 649; Morse Typewriter Co., Inc., B-212636.2, Sept. 27, 1983, 83-2 CPD Para. 383. This matter is for resolution by the courts, See Gallegos Research Group, B-227037, May 8, 1987, 87-1 CPD Para. 496, and this Office will not review the effect of such allegedly improper actions. NEFF Instrument Corp., supra.
Alden's protest that the RFP is flawed is untimely as Alden did not file its protest prior to the closing date. 4 C.F.R. Sec. 21.2(a)(1) (1988). In any event, the Army has informed Alden that if CAP cannot demonstrate that it is legally distributing the film the Army will terminate the contract.
The protest is dismissed.