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B-241133.2 1 (1991-05-21)

handle is hein.gao/gaobadnws0001 and id is 1 raw text is: ComwtroUer General at the Uitd State ~tXZ~j) Waihlam. D.C, 64 ___________ Decision Matter of: Kitco, Inc.--Reconsideration rile: B-241133.2 Date: May 21, 1991 Paul J, Seidman, Esq,, Seidman & Associates, P.C., for the protester. Christina Sklarew, Esq., Andrew T. Pogany, Esq., and Michael R. Golden, Esq,, Office of the General Counsel, GAO, participated in the preparation of the decision. DIGIST Request for reconsideration of prior decision denying protest alleging agency violation of contractor's proprietary rights in technical drawing is denied where protester repeats arguments previously made, disagrees with our conclusions, and attempts to supplement record with information it should have submitted during the course of the initial protest. DIUCIhON Kitco, Inc. requests reconsideration of our decision in Kitco, Inc., B-241133, Jan. 25, 1991, 70 Comp. Gen. _, 91-1 CPD T 73, in which we denied Kitco's protest that the Defense Logistics Agency had violated Kitco's proprietary rights by its unauthorized use of one of Kitco's technical drawings in request for proposals (RFP) No. DLA500-90-B-0052. We deny the request for reconsideration. The solicitationrwas for a quantity of plate seals for use on the\W6natant speed drive of certain aircraft engJSes. Kitco did{notdevelop the plate seal itself, but had reverse engineered the item from government-furnished seals and had submitted its technical drawing to the Defense Industrial Supply Center (DISC) with a proprietary legend when it applied for suice approval as an alternate to the original equipment manufhcturer. Kitco's plate seal was approved as an acceptable alternate for the original part. Following its approval as an alternate source, Kitco received three contracts to supply various quantities of the plate seal. Kitco's protest involved the next solicitation that was issued for the part, the RFP referenced above. This solicitation

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