Protest Against Subcontract Award Involving Bidder Responsiveness and Alleged Patent Violations

A company protested the award of a subcontract by a prime contractor, alleging that the awardee's system would entail higher costs and did not conform to specifications and that the protester's patents would be violated. The protest was considered since the Government was integrally involved in subcontractor approval. Operation and maintenance costs of equipment did not have to be considered in selection since they were not evaluation factors in the solicitation. Equipment conformed to specifications for stock models and for "light sensing" displays. Questions of patent violations were not for consideration since action against the Government must be through the courts, and disputes between private parties are not considered. An allegation that the Government disclosed proprietary information was a matter for the courts since the contract was substantially performed.