[Protest of DNA Solicitation for Cleanup of Plutonium Contaminated Soil]

B-237405: Feb 9, 1990

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A firm protested a Defense Nuclear Agency (DNA) solicitation for cleanup of plutonium-contaminated soil, contending that: (1) DNA improperly included a solicitation clause that permitted the contractor to use any patented invention to perform the contract; and (2) it was entitled to license and royalty fees for the use of its patented process. GAO found that, since DNA had a reasonable basis to challenge the patent held by the protester under a prior subcontract with the government, the protester's sole remedy was to bring action against the government for monetary damages. Accordingly, the protest was denied.

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