62659

FlightSafety International, Inc.

November 29, 2022Judge Herzfeld
Denied / Government PrevailedAuthority of Government AgentsCommercial Item

FlightSafety International, Inc. appealed the Air Force's decision to invalidate its proprietary markings on commercial technical data. The Board denied the appeal, affirming the Air Force's right to challenge the markings.

Material Facts

  • The Air Force awarded Contract No. FA8621-15-D-6257 to CymSTAR, LLC on August 11, 2015.
  • CymSTAR awarded Task Order No. FA8621-17-D-6255 to provide services for the C-5 Aircrew Training System.
  • CymSTAR issued purchase orders to FlightSafety for the supply and installation of a visual system replacement for the C-5 Aircrew Training System.
  • FlightSafety marked its drawings as proprietary and granted limited rights based on exclusive development at private expense.
  • The Air Force challenged the proprietary markings, asserting that the data constituted OMIT data, granting the Air Force unrestricted rights.

Parties

Appellant
FlightSafety International, Inc.
Respondent Agency
Department of the Air Force
Contract Number
FA8621-15-D-6257
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