B-201287: Apr 1, 1981

A firm protested the award of any contract under an invitation for bids (IFB) issued by the Army Field Artillery Center at Fort Sill, Oklahoma. The protester contended that the IFB contained proprietary data belonging only to it and that disclosure of this proprietary data seriously prejudiced the protester's competitive position. The burden of affirmatively proving its case lies with the proteste...

B-201287: Apr 1, 1981

BURDEN HAS NOT BEEN MET WHERE ONLY EVIDENCE IS CONFLICTING STATEMENTS OF PARTIES AS TO WHETHER GOVERNMENT'S USE OF DATA IN SOLICITATION WAS VIOLATIVE OF PROTESTER'S PROPRIETARY RIGHTS. THE BASIS OF THE PROTEST IS THAT THE IFB ALLEGEDLY CONTAINS PROPRIETARY DATA BELONGING ONLY TO BAKER AND THAT DISCLOSURE OF THIS PROPRIETARY DATA SERIOUSLY PREJUDICES BAKER'S COMPETITIVE POSITION. WAS REQUIRED UNDER...