[Protest of Navy Contract Award for Combat Rubber Raiding Craft]

B-220012: Nov 25, 1985

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A firm protested a Navy contract award, contending that award to any other bidder would be improper since the solicitation specifications and related drawings were derived without its authorization from proprietary technical data which it had furnished to the Navy. GAO has held that a protester must show that: (1) its proprietary rights have been violated through clear and convincing evidence; (2) the material was marked proprietary or confidential or was disclosed to the government in confidence; and (3) the material involved significant time and expense in preparation and contained concepts that could not be independently obtained from publicly available literature or common knowledge. GAO found that the protester did not: (1) specify in what respect the specifications and drawings package had improperly incorporated proprietary data; or (2) rebut the Navy's statement that there were substantial differences between the protester's technical data and the awardee's developed specifications. Accordingly, the protest was denied.