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B-185897 1 (1976-04-28)

handle is hein.gao/gaobaddom0001 and id is 1 raw text is: 


                            THE   COMPTROLLER GENERAL
OECISID N        ~.OF THE UNITED STATES
                             VWASHINGTON, 0.0 . 20548




FILE:        B-185897              DATE:    April 28, 1976

MATTER OF:         Data General-Corporation                  (0


DIGEST:



1.   General Accounting Office has provided some protection
     against unauthorized disclosure of proprietary data in
     solicitation which includes data without-owner's consent.
     If protest against solicitation disclosing data is lodged
     after award, policy has been not to hear protest.


 2.  Because of policy not to hear post-award proprietary data
     protests and since relief being sought by post-award pro-
     tester is injunctive in nature--relief not available through
     GAO--aspect of protest will not be considered.


 3.  Since question whether protester's data is proprietary will
     not be considered, capability of prime contractor to suc-
     cessfully complete contract without data will not be ques-
     tioned.



 4.  Protester's post-award assertion that solicitation was
      defective for failing to include as evaluation factor cost
      of possible damages arising from release of alleged pro-
      prietary data is untimely filed under Bid Protest Procedures.



      On February 12, 1976, a protest was received from Data
 General Corporation against the January 30, 1976, award of prime
 contract No. 6-35124 for computer equipment and related services
 to Aeronutronic Ford Corporation (AFC) by the Department of
 Commerce. The contract was awarded under solicitation No. 5-35243.





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