Protest Alleging Procurement Items Are Patented and Must Be Prequalified

B-199213,B-199214,B-199217,B-199218,B-199298: Jul 17, 1980

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A firm protested the award of a contract to any firm which has not been licensed to manufacture rivets. The protester maintained that the rivets were covered by a patent and that it has been granted a license by the patent holder to manufacture them. It argued that award to an unlicensed source would result in damages to the protester. The protester further stated that the rivets were required to be prequalified by the Government, as well as the manufacturer of the equipment in which they would be used, and that introduction of noncompatible parts into the system could contaminate existing stocks which are warehoused in roto-bins. GAO does not consider allegations regarding possible patent infringement by a Government contractor since the exclusive remedy for alleged patent infringement resulting from performance of a Government contract is a suit against the Government in the Court of Claims. Consequently, the protests were dismissed.

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