Protest of Six Awards by the Department of the Air Force

B-207213,B-207256,B-207256.2,B-207257,B-207295: May 6, 1982

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A firm protested six contract awards which were all made to another firm. The protester stated that, in each instance, the awardee offered products bearing its part number and furnished supporting data and drawings that were allegedly the protester's property. The protester contended that the awardee falsely represented to the agency that it had a legal right to use the part numbers, data, and drawings. The protester stated that it had furnished manufacturing drawings to the agency bearing identical part numbers and contended that the drawings contained restrictive legends which indicated that they were proprietary. The protester denied any knowledge as to how or where the awardee obtained the drawings or the data on which its proposals were based. A protest that a firm does not have the right to offer an item to which a protester claims to have proprietary rights is a dispute between private parties, which GAO does not consider. Where a firm contends that the Government has infringed proprietary rights, the aggrieved party's remedy is an action against the Government in the Court of Claims. Even if it were proven that the awardee falsely represented that it had the right to use the material, this would be a matter of responsibility which is not for consideration by GAO, except in circumstances which were not alleged here. Accordingly, the protests were dismissed.

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