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B-183168 1 (1975-05-28)

handle is hein.gao/gaobadcjq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION / OF THE UNITED STATES WASHINGTON, [D.C. 2o54 FILE: B-183168 DATE: May 28,1975 MATTER OF: Jet International, Inc. DIGEST: 1. Allegations that contracts were improperly awarded over 10-year period ending in November 1974 because of lack of competition are untimely since issues of this nature must be raised before closing date for receipt of proposals and not well after award pursuant to 4 C.F.R. § 20.2(a). 2. Without proof of improper use of proprietary data or pending patents, no conclusion of improper action on part of agency can be reached; moreover, 28 U.S.C. § 1498 (1970) provides exclusive and comprehensive remedy for unauthorized Government patent infringe- ment, i.e. suit against Government in Court of Claims. 3. GAG has no authority under 5 U.S.C. - 552 (1970) to determine what information must be disclosed by other Government agencies pursuant to Freedom of Information Act. 4. As determined at 52 Comp. Gen. 761 (1973), and presently reaffirmed, Department of Transportation has no authority to enter into license agreements with patent holders. However, Report of the Commis- sion on Government Procurement has recommended that all agencies be given this authority, but recommenda- tion has not been implemented to date. By letter dated February 3, 1975, and subsequent correspondence, Jet International, Inc. (Jet), has raised several issues of protest regarding contracts that have been awarded by the Department of Transportation (DOT), Federal Aviation Administration (FAA). Jet also questions current, as well as future, procurement actions on the part of DOT with regard to possible DOT infringement on Jet's proprietary data and pending patents. Additionally, Jet has requested from FAA, but has failed to receive,a significant amount - 1 -