Protest against Sole Source Award Based on Unsolicited Proposal

A company protested against a proposed sole source contract award based on an unsolicited proposal and requested that it be selected as the source or that the procurement be opened to competition. The sole source solicitation was justified since the offer contained unique proprietary concepts, and the selection of a particular firm for award was not for GAO review. The proprietary contents of an unsolicited offer may not be used as a basis for solicitation or negotiations with other firms unless the offeror consents. Contentions that the protester should be given preference as a small business and that the proposed contract will infringe on the protester's patents were not for GAO consideration. The proposed contractor's capability of performing on the contract involved an affirmative determination of responsibility which is not generally reviewed by GAO. The proposal was not improperly solicited but was submitted in response to expressions of agency interest.