B-162240, JUL. 30, 1968

B-162240: Jul 30, 1968

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INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE USE OF DATA ALLEGEDLY PROPRIETARY TO YOUR FIRM IN REQUEST FOR PROPOSALS NO. WE HAVE BEEN ADVISED THAT THE SUBJECT RFP HAS BEEN CANCELLED TO PROVIDE FUNDS FOR HIGHER PRIORITY PROCUREMENTS AND THAT YOU. HAVE BEEN NOTIFIED THEREOF BY THE AIR FORCE. WE HAVE ALSO BEEN ADVISED THAT SINCE THE CONTRACT WITH THE UNIVERSITY OF NOTRE DAME UNDER WHICH THE GOVERNMENT RECEIVED THE DATA IN QUESTION DID NOT CONTAIN THE RESTRICTIVE LEGEND PRESCRIBED BY ARMED SERVICES PROCUREMENT REGULATION 9-203 (B) (B) (2) (II). THE CONTRACTOR WAS NOTIFIED THEREOF PURSUANT TO THE REQUIREMENT OF ASPR 9-202.3 (D) (3) AND WAS GIVEN 60 DAYS TO AMEND THE LEGEND TO CORRESPOND WITH THAT PRESCRIBED IN ASPR.

B-162240, JUL. 30, 1968

TO SPACE RECOVERY RESEARCH CENTER, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE USE OF DATA ALLEGEDLY PROPRIETARY TO YOUR FIRM IN REQUEST FOR PROPOSALS NO. F-33615 67 -R-2548, ISSUED BY WRIGHT-PATTERSON AIR FORCE BASE. WE HAVE BEEN ADVISED THAT THE SUBJECT RFP HAS BEEN CANCELLED TO PROVIDE FUNDS FOR HIGHER PRIORITY PROCUREMENTS AND THAT YOU, AS WELL AS THE FIRMS SUBMITTING PROPOSALS AND THE UNIVERSITY OF NOTRE DAME, HAVE BEEN NOTIFIED THEREOF BY THE AIR FORCE.

WE HAVE ALSO BEEN ADVISED THAT SINCE THE CONTRACT WITH THE UNIVERSITY OF NOTRE DAME UNDER WHICH THE GOVERNMENT RECEIVED THE DATA IN QUESTION DID NOT CONTAIN THE RESTRICTIVE LEGEND PRESCRIBED BY ARMED SERVICES PROCUREMENT REGULATION 9-203 (B) (B) (2) (II), THE CONTRACTOR WAS NOTIFIED THEREOF PURSUANT TO THE REQUIREMENT OF ASPR 9-202.3 (D) (3) AND WAS GIVEN 60 DAYS TO AMEND THE LEGEND TO CORRESPOND WITH THAT PRESCRIBED IN ASPR. ALTHOUGH THE NECESSARY AMENDMENT WAS NOT EFFECTED WITHIN THE 60 DAYS, THE CONTRACTOR WAS GIVEN ADDITIONAL TIME TO SO AMEND, WHICH IT DID, AND IT SUBMITTED EVIDENCE THEREAFTER AS TO WHY IT CONSIDERED THE MARKED DATA TO BE PROPRIETARY.

ON JULY 12, 1968, WE WERE ADVISED BY THE AIR FORCE AS FOLLOWS:

"A CONSIDERABLE PORTION OF THE DATA CANNOT PROPERLY BE CONSIDERED PROPRIETARY AS THE INFORMATION IS AVAILABLE FROM OTHER SOURCES. IN THE EVENT FUTURE PROCUREMENTS INVOLVING THIS DESIGN ARE CONTEMPLATED, IT IS FELT THAT A SUITABLE WORK STATEMENT CAN BE DEVISED FROM INFORMATION AVAILABLE ON AN UNRESTRICTED BASIS. IN ANY EVENT, THE REPORT UNDER CONSIDERATION WILL NOT BE USED AS THE BASIS FOR ANY FUTURE PROCUREMENT ACTION.'

IN VIEW THEREOF, IT APPEARS THAT NO FURTHER ACTION BY OUR OFFICE IS NECESSARY AND WE ARE THEREFORE CLOSING OUR FILE.