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B-217448 1 (1985-03-13)

handle is hein.gao/gaobabkng0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL I II I11111 111 11 IIII II 126692 B-217448 March 13, 1985 DO NOT MAKE AVALAP1.7- TO PUILIC READING The Honorable Jack Brooks Chairman, Committee on Government Operations House of Representatives Dear Mr. Chairman: This letter responds to a Committee request, conveyed in discussions with your staff, for our opinion whether exchange agreements between the Patent and Trademark Office (PTO) and private firms, to automate PTO's trademark search activities, are subject to 40 U.S.C. S 759, the Brooks Act, governing procurement of automatic data processing equipment, and its implementing regulations. Our response to this request is an outgrowth of other work the General Accounting Office is under- taking pursuant to your letter dated July 11, 1984 and includes discussion of some issues we have reviewed in connection with that letter. On December 26, 1984 we requested the views of the General Counsels of the Department of Commerce and the General Services Administration (GSA), and the Solicitor of PTO on whether 40 U.S.C. § 759 and its implementing regulations apply to these exchange agreements. Only GSA's General Counsel has responded. In October 1984 we received an opinion from the Solicitor on other related questions. The enclosed memorandum sets out the facts with our legal analysis. We have concluded that while PTO had statutory authority (35 U.S.C. S 6(a)) to enter into agreements with the firms to exchange products for products and services, the agreements are contracts for the procurement of commercial automated data pro- cessing (ADP) support services under 40 U.S.C. § 759--the so-called Brooks Act. The Brooks Act vests in GSA central authority for the procurement, maintenance, operation, and utilization of ADP equipment. The Act has been interpreted to cover not only ADP equipment, but related ADP resources, including commercially available software and ADP services and support services. PTO, as part of an executive agency--the

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