Protester against Sole Source Procurement Alleged That Agency Had Rights in Technical Data

A company protested against a proposed sole source contract award, contending that the agency owned unlimited rights in technical data and, therefore, there was no justification for restricting the purchase of spare parts to the manufacturer. The protester did not prove that the agency was unreasonable in its position that royalty payments did not have the effect of the purchase of unlimited rights in technical data. However, the agency may wish to consider whether data rights should be purchased so that future procurements can be opened to competition.