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B-194440 1 (1979-12-17)

handle is hein.gao/gaobadhus0001 and id is 1 raw text is: 0t.LER C' , *-1 3 . STHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAS H IN GTO N D.C. 2054 8 FILE: B-194440 DATE: December 17, 1979 MATTER OF: Agent Chemical, Inc. 9 DIGEST: 1. Claim for disclosure of proprietary information in testimony by Air Force personnel is denied because same information was already disclosed in greater detail with knowledge and assent of claimant. 2. Claim for use of proprietary data by Air Force in efforts to obtain permit for destruction of herbicide orange at sea is denied because it was failure of either Air Force or claimant to accomplish acceptable destruction of dioxin residues that would result from reprocessing of herbicide that was subject of testimony. General and abbreviated references to data already disclosed in same forum in effort to obtain approval for herbicide reprocessing was not use of proprietary information. 3. Claim for payment for production of information for use and benefit of Air Force is denied where information was produced for benefit of claimant in effort to satisfy prebid condition on sale of surplus herbicide orange. 4. Decision to terminate negotiations and stop proposed sale of surplus herbicide orange is neither arbitrary nor capricious where neither prospective.purchaser nor Air Force is able to satisfy presale condition for environmentally acceptable disposition of contaminated filters. Risk that sale might be halted remains with prospective purchaser even though Air Force offers to assume control of filters. Agent Chemical, Inc. (Agent), claim reimbursement for expenses incurred in the construction and test of a pilot plant for the decontamination of herbicide orange (HO) erected to satisfy a prebid condition on a sale of

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