Protest concerning Evaluation Procedures Designated in the Solicitation

A company protested the interpretation of the evaluation procedures set forth in the solicitation. The Government was not required to evaluate preproduction items in the bidder's bid for whom first article testing had been waived since preproduction items were not included in the contract award and the Government would not incur any cost for such items. The Government was also not required to consider a patent mistake contained in the bidder's preproduction items. The protest was denied. In the future, the agency should use more specific language setting forth evaluation procedures to be followed when first article testing is waived. (SW)