Protest Concerning Bidder's Ability To Meet Contractual Requirements

A firm protested the award of a contract by the Department of the Navy. The protester alleged that the awardee could not perform the contract. According to the protester, the awardee lacked the capability to manufacture helical screw compressors for air service as required by the invitation for bids, because the awardee lacked a necessary license agreement with the firm which apparently holds the patent. Whether the awardee has the ability to perform the contract is a matter of the firm's responsibility, which must be determined by the contracting officer prior to award. GAO does not review protests against affirmative determinations of responsibility unless either fraud on the part of the procuring officials is shown or the solicitation contains definitive responsibility criteria which allegedly have not been applied. The protester merely complained that the awardee was not able to meet solicitation requirements. In addition, to the extent a patent of the United States is involved, the exclusive remedy for its alleged infringement by a Government contractor is a suit against the Government for money damages in the Court of Claims. Accordingly, the protest was dismissed.