[Protest of Air Force Contract Award for Phase Shifters]

B-242328: Dec 21, 1990

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A firm protested an Air Force contract award for phase shifters, contending that the: (1) awardee improperly infringed its proprietary technology, processes, and trade secrets; and (2) Air Force improperly determined that the awardee was responsible. GAO held that it would not review the: (1) alleged infringement of proprietary data, since it was a matter between private parties; and (2) Air Force's affirmative determination of the awardee's responsibility, since the protester did not show that the Air Force acted fraudulently or in bad faith. Accordingly, the protest was dismissed.