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![handle is hein.gao/gaobadehf0001 and id is 1 raw text is:
James Cunningham
Proc. I
P, THE COMPTROL.LER GENERAL
0C 60E3llL .JOF THE Um ITEO b3TATELI
WASHItNGTON, D.C. n054E
FI&E; B-186958 DATE: iloveaber 29, 1976
MATTER OF: York IndusLries, Inc.
DIGEST:
General Accounting Office is not in position
to adjudicate rights of private parties to
proprietary data dispute; moreover, until
rights have been established in proper forum,
ongoing procurement or award may not be
disturbed because of allegation that rights
are being violated incident to procurement.
On July 15, 1976, a protest was received from York Industries,
Inc. (York); :.acerning invitation for bids (IFB) No. N00140-76-B-6740,
issued by the Naval Supply Systems Command, Department of the Navy,
for hydraulic cylinders. York asserted that the IFB drawings of the
cylinders were proprietary to the company.
York further explained that it had previously furnished drawings
of the cylinders to McKiernan-Terry or Edo Corporation * * * with
.yi understanding that [the drawings] were to be used for inuoming
inspection and spares provisioning only. Y;ork alto asserts that
its drawings wae appropriately marked with a Proprietary Righta
Statement. Consequently, York requested that the IFB be canceled
or that an award be made to York for the requirement.
The Navy states that it acquired rights to the IFB drawings in
question from Edo Corporation, whom the Department -ons141rs to be
the apparent holder of unlimited rights to the ngs and that
it was, therefore, entirely justified in attac he drawings
to the IFB.
During the pendency of York's protest the contracting officer
for the procurement detenmine - hat immediate award of a contract
under the IFB was required i.. order that the projected shipboard
instalration schedule for the items (which were urgently needed)
not be further delayed. The contracting officer's determination
was then reviewed and approved at a level higher than the](ViewImageLocal?handle=hein.gao/gaobadehf0001&div=1&collection=&method=preview&ext=.png&size=3)