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B-191322 1 (1978-07-07)

handle is hein.gao/gaobadgez0001 and id is 1 raw text is: 







                               ~~ THE COMPTROLLER GEINERAL ~ .
              OECISION                 OF  THE   UNITED    STATEB
                                       WASHINGTON. D.C. 20540I



              FILE: B-191322                DATE:   July 7, 1978

              MATTER  OF:  Miltope Corporation


              DIGEST:


              1.   Protest against alleged infringements of
                   patenits is not for consideration since
                   remedy is court accion against Government
                   for money damages under 28 U.S.C. S 1498
                   (1970).

               2.  Where protester does not contest prior
                   knowledge of alleged noncompliance with
                   specification of item supplied by approved
                   source listed in solicitation, protest at
                   time of being advised of award on basis
                   of unacceptability of approved source's
                   item instead of prior to closing date for
                   submission of initial proposals is untimely
                   filed and not for consideration on merits.


                   The  Miltope Corporation protests the contract
               awarded to PSI Peripheral Support under Defense
               Electronics Supply Cer:ter, Defense Logistics Agency
               (bLA), request for proposals No. DLA900-78-R-0391 on
               the bases that Miltope has the exclusive rights to
               the two patents covering the item being purchased and
               that the Naval Ships Engineering Center specifically
               advised the DLA that the PSI drive solenoid is not
               acceptable to the Navy.  Later (as a part of its com-
               ments on the DLA report to our Office) Miltope also
               advised that another office in the Department of the
               Navy, as well as the United Statcs Air Force Cryptologic
               Labs, has continuously complained of the rubber peeling
               off the pinch rollers of the item.
I
                    As regards the issue of possible patent infringe-
               ments, the exclusive legal right afforded to Miltope
               is uuder 28 U.S.C. F 1498 (1970), wherein it is provided
               that: any suit by the holder of a patent that is allegedly
               infringed in the process of the performance of a Govern-
               went contract shall be against the Government for money


I

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