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B-191130 1 (1978-10-24)

handle is hein.gao/gaobadgou0001 and id is 1 raw text is: A THi CPMIPTRDLLEFR CGNEI'AI. */% MECIDINJ (./p o. - THrn UNITED OTATES FILE: B-191130 DATE: October 24, 1978 MATTER OF; Claim of A Better Way, Inc. N 1 DIGEST: 1. Claimant's unsolicited value engincering proposal recoinending that Defebsse Logiqtics Agency require recomiliediLe consttlbtede that faucvets it proctires he constr '9ted of zinc- based material constitutes mere saggestion and not withitwhe exclusive list of intellectual property which can be purchased by Department of Defense under 10 U.S.C. 5 2386 (1976). 2. Since agency.officiais had no authority to con- tract for purchase of su~gbstion doctrine of estoppel is not for application. ABetter Way, Inc. AbW) has submitted ciains for $25,896.90 and $3,500 for several unsolicited Value Engineering (VE) piop'osals which'were submittdd by ABWlunder the provisions of Arined Services Ptocurement RegUlatiop.(ASPR) (nVow Defense cquisition Regulation (DAR)) S 1-1708 (1976 qd.). The caseturns on whether the Court of Claims' decision in Grismac Corporation v. United States 556 F 2d. 494 (CL. Cl. 1977) is con- t rollng. On May 20, 1976 ABW bpgan submitting'to the Defense Logistics Agency (DLA),the first of several unsolicited VE.proposals. All except one of them deal with the material used in fabricating faucet handles used on lavaLories and sinks phrrthased by DLA. At that time, DAR/ASPR 1-1708 (176 ed.) provided for considetation'o ban Unsolicited Vproposal with regtd to a supply or scrvice for whi6t the proposer company did not a ve a current cbntract. Such proposals under the reg t1iai on mus': have providedifor reduction of costs without impairiiig essential fuhctions or chaacteristics of the supply or service. The Government coUld purchase an unsolicited VC proposal, however, the contract price could not exceed 20 percent of te savings. I7-7

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