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B-189361, MAR 31, 1978

B-189361: Mar 31, 1978

MANUFACTURER SHOULD NOT CONSTITUTE SOLE SOURCE OF SUPPLY FOR SPARE PARTS HAS THE BURDEN OF SHOWING THAT AGENCY'S POSITION AS TO THE OWNERSHIP OF THE TECHNICAL DATA IS UNREASONABLE. 2. PROTESTER'S SHOWING THAT AGENCY AT ONE TIME BELIEVED IT HAD UNLIMITED RIGHTS IN TECHNICAL DATA IS NOT SUFFICIENT TO CARRY PROTESTER'S BURDEN OF DEMONSTRATING UNREASONABLENESS OF AGENCY'S PRESENT POSITION THAT ROYALTY...

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Protester against Sole Source Procurement Alleged That Agency Had Rights in Technical Data

B-189361: Mar 31, 1978

A company protested against a proposed sole source contract award, contending that the agency owned unlimited rights in technical data and, therefore, there was no justification for restricting the purchase of spare parts to the manufacturer. The protester did not prove that the agency was unreasonable in its position that royalty payments did not have the effect of the purchase of unlimited right...

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