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B-196450 1 (1980-01-07)

handle is hein.gao/gaobadhvv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-196450 DATE: January 7, 1980 MATTER OF: Hydraulic Technology Inc. DIGEST: Protest that solicitation included drawing allegedly proprietary to protester, filed after bid opening and denial of protest filed with agency,is dismissed as untimely filed with GAO. Hydraulic Technology Inc. (HTI) protests against the use of drawing No. 6901-105 in invitation for bids (IFB) No. DLA700-79-B-1664 issued on June 26, 1979, .by the Defense Logistics Agency (DLA), Defense Supp y Center, Columbus, Ohio. HTI insist 'that the drawing was prepared and submitted to the Department of thei4doa Air Force (Air Force) on a restricted basis for a contract awarded to the firm in October 1975, that it is proprietary to HTI, and that DLA was not authorized to publicly disseminate it for competitive procurement purposes. The protester therefore asks that DLA be enjoined from the present and future use of the drawing. The protest is dismissed as untimely filed for the reasons discussed below. The IFB was amended on July 13, 1979, to correct the date of the drawing in question and extend bid opening from July 17 to July 27, 1979. DLA received four bids, including that of HTI, but has withheld award pending resolution of the protest. The protester asserts that during a telephone conversation on July 18, 1979, it informed DLA personnel of the proprietary nature of the drawing and that the matter could be verified by contacting the Air Force. HTI confirmed the July 18 conversation by letter to DLA dated July 31,. 1979, followed by a letter of August 3, 1979, requesting damages for loss of anticipated profits resulting from the agency's 5.~L~~1IAJTHPIT

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