B-207294, MAY 10, 1982
Highlights
DIGEST: GAO WILL NOT ADJUDICATE A PRIVATE DISPUTE OVER OWNERSHIP AND/OR MISUSE OF ALLEGEDLY PROPRIETARY PART NUMBER AND MANUFACTURER'S DRAWINGS. ARE DISMISSING THE PROTEST BECAUSE ADJUDICATION OF PRIVATE DISPUTES OVER OWNERSHIP AND/OR MISUSE OF ALLEGEDLY PROPRIETARY PART NUMBERS AND MANUFACTURER'S DRAWINGS IS NOT WITHIN THE SCOPE OF OUR BID PROTEST FUNCTION. GARRETT ALLEGES THAT IT HAS BEEN INFORMED BY THE AIR FORCE THAT SIERRA TECH WILL FURNISH THE ITEM UNDER GARRETT'S PART NUMBER USING GARRETT'S DRAWINGS. WE HAVE CONSIDERED CLAIMS OF GOVERNMENT MISUSE OF PROPRIETARY DATA. WE ARE THEREFORE OF THE VIEW THAT THE MATTER PRESENTED IS BASICALLY A DISPUTE BETWEEN GARRETT AND SIERRA TECH AND NOT FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES.
B-207294, MAY 10, 1982
DIGEST: GAO WILL NOT ADJUDICATE A PRIVATE DISPUTE OVER OWNERSHIP AND/OR MISUSE OF ALLEGEDLY PROPRIETARY PART NUMBER AND MANUFACTURER'S DRAWINGS.
GARRETT CORPORATION, PNEUMATIC SYSTEMS DIVISION:
GARRETT CORPORATION, PNEUMATIC SYSTEMS DIVISION (GARRETT), PROTESTS THE AIR FORCE'S AWARD OF A CONTRACT TO SIERRA TECH FOR SPARE PARTS IDENTIFIED WITH A GARRETT PART NUMBER UNDER SOLICITATION NO. F34601-82 49927 ISSUED BY THE AIR FORCE LOGISTICS COMMAND, TINKER AIR FORCE BASE, OKLAHOMA. ARE DISMISSING THE PROTEST BECAUSE ADJUDICATION OF PRIVATE DISPUTES OVER OWNERSHIP AND/OR MISUSE OF ALLEGEDLY PROPRIETARY PART NUMBERS AND MANUFACTURER'S DRAWINGS IS NOT WITHIN THE SCOPE OF OUR BID PROTEST FUNCTION.
GARRETT REPORTS THAT IT HAS IN THE PAST FURNISHED THE AIR FORCE WITH MANUFACTURING DRAWINGS FOR THE SPARE PART IN QUESTION. THE DRAWINGS CONTAINED AN APPROVED LIMITED RIGHTS LEGEND. GARRETT ALLEGES THAT IT HAS BEEN INFORMED BY THE AIR FORCE THAT SIERRA TECH WILL FURNISH THE ITEM UNDER GARRETT'S PART NUMBER USING GARRETT'S DRAWINGS. MOREOVER, SIERRA TECH HAS CERTIFIED TO THE AIR FORCE THAT SIERRA TECH HAS FULL LEGAL RIGHTS TO USE THE GARRETT DATA.
WE HAVE CONSIDERED CLAIMS OF GOVERNMENT MISUSE OF PROPRIETARY DATA; HOWEVER, GARRETT HAS NOT ALLEGED ANY WRONGDOING ON THE PART OF THE AIR FORCE. WE ARE THEREFORE OF THE VIEW THAT THE MATTER PRESENTED IS BASICALLY A DISPUTE BETWEEN GARRETT AND SIERRA TECH AND NOT FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES. KISCO COMPANY, INC., B-200831.2, FEBRUARY 26, 1981, 81-1 CPD 149.
ACCORDINGLY, THE PROTEST IS DISMISSED.