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B-270519 1 (1996-03-11)

handle is hein.gao/gaocrptadzk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Applied Communications Research, Inc. File: B-270519 Date: March 11, 1996 Terrence M. O'Connor, Esq., for the protester. Joshua A. Kranzberg, Esq., David H. Scott, Esq., and William R. Hinchman, Esq., Department of the Army, for the agency. Paula A. Williams, Esq., and John Van Schaik, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that proposal submitted by awardee should have been disqualified from the competition based on alleged misappropriation and use of the protester's equipment and proprietary information is dismissed since protest concerns a dispute between private parties which General Accounting Office does not consider. DECISION Applied Communications Research, Inc. (ACR) protests the award of a contract to Tricom Research, Inc. under request for proposals (RFP) No. DAAD05-95-R-9043 (RFP-9043), issued by the Department of the Army for a quantity of video transceivers. ACR contends that Tricom obtained the award of this contract through material misrepresentation of the ownership of equipment and proprietary information belonging to ACR, and that this alleged misrepresentation requires termination of the contract. ACR also alleges that the agency failed to perform an adequate analysis of Tricom's prices. We dismiss the protest. The Army issued an earlier solicitation, RFP DAAD05-95-R-9025 (RFP-9025), for a sole-source award to ACR for 15 sets of miniature video transceivers. Tricom responded to that RFP with a proposal signed by Mr. John Wright, president. The contract specialist contacted Mr. Wright to inquire if ACR had changed its name and was told that Tricom was a newly formed company controlled by Mr. Wright which manufactures and sells some of the same products as ACR. The contract specialist sent Tricom's proposal to the requiring activity for technical evaluation. 84537

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