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Chem Service, Inc. v. Environmental Monitoring Systems Laboratory-Cincinnati of EPA

12 F.3d 1256 (1993)

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Chem Service, Inc. v. Environmental Monitoring Systems Laboratory-Cincinnati of EPA

United States Court of Appeals for the Third Circuit

12 F.3d 1256 (1993)

Facts

Congress enacted the Federal Technology Transfer Act (FTTA) to promote national competitiveness by encouraging a transfer of technology from government labs to privately owned labs. The FTTA allowed government labs to enter into cooperative research-and-development agreements (the agreements) with private labs. The Environmental Monitoring Systems Laboratory-Cincinnati, operated by the Environmental Protection Agency (EPA) (defendant), entered into agreements with several private labs (the private labs) to develop technical reference materials. Chem Service, Inc. (plaintiff), a company that was in the business of producing reference materials, sued the EPA. Chem Service claimed that the decision as to which companies would get to manufacture and distribute reference materials was a procurement contract that should be governed by government-procurement laws rather than the FTTA. Chem Service also claimed the agreements that the EPA and the private labs entered into allowed the private labs to sell EPA-certified products manufactured before the agreements that did not live up to the standards required by the agreements.

Rule of Law

Issue

Holding and Reasoning (Roth, J.)

Concurrence/Dissent (Stapleton, J.)

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