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Matter of: Monde Construction Co., Inc. File: B-256808 Date: July 20, 1994

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Highlights

DIGEST An agency properly included in a solicitation for construction services a clause which requires the contractor to indemnify the government for patent infringement where the record shows that the agency has a reasonable basis for concluding that patent indemnity is needed and the indemnification clause is authorized by Federal Acquisition Regulation part 27. Required that hanging lamellas[1] needed to repair the bullet trap system are proprietary items which were required to be provided by Detroit Armor and that "[n]otwithstanding any other provisions of this solicitation. No other products will be acceptable.". Arguing that the lamellas are made of industrial grade conveyor belt rubber which "can be purchased from a number of different sources" and that the Navy's decision to use a proprietary source violates the requirement of full and open competition under the Competition in Contracting Act of 1984.

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