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B-271578 1 (1996-07-09)

handle is hein.gao/gaocrptaeez0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Metric Systems Corporation

File:        B-271578

Date:        July 9, 1996

E. Bruce White Wolf for the protester.
Marian E. Sullivan, Esq., Department of the Air Force, for the agency.
Sylvia Schatz, Esq., David Ashen, Esq., and John M. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

Solicitation did not improperly disclose protester's design information where
information was contained in a brochure the protester previously had provided to
the agency without restrictions on its use or disclosure, or any indication that the
protester considered the information confidential or proprietary; restriction on the
use of ideas in unsolicited proposal does not apply where information was furnished
to agency in advertising material, not an unsolicited proposal.
DECISION

Metric Systems Corporation protests the specifications in invitation for bids (IFB)
No. F32605-96-B-0015, issued by the Department of the Air Force, Grand Forks Air
Force Base (AFB), for containers to store and transport Metric's KC-135 aircraft
cargo roller handling system. Metric contends that the specifications in the IFB are
based on proprietary data furnished by Metric to the agency in an unsolicited
proposal.

We deny the protest.

In May 1995, Grand Forks AFB received from Scott AFB, Illinois, a pricing sheet
and brochure--that had originally been furnished by Metric to the Air National Guard
detachment at Salt Lake City, Utah--describing Metric's AMC-135 container. The
brochure and pricing sheet were not marked as containing proprietary data.
Subsequently, the contracting office at Grand Forks AFB requested from Metric
pricing information on the containers. Metric responded by sending the agency (by
facsimile transmission) the same pricing sheet that had been included with the
original brochure. Again, the pricing sheet did not contain a legend indicating that
the container design information was proprietary to Metric.


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