[Protest of DLA Contract Award]

A firm protested a Defense Logistics Agency contract award, alleging that the awardee had neither the capability nor the facilities to manufacture the item. The firm also alleged that the patent holder of the item to be manufactured had not licensed the awardee to manufacture it. GAO held that the capability to perform a contract is a matter of bidder responsibility and that it does not review an affirmative responsibility determination absent a showing of fraud by procuring officials or failure to apply definitive responsibility criteria that are stated in the solicitation. Concerning the other basis for protest, GAO stated that the exclusive remedy for patent infringement by a Government contractor is a suit against the Government in the U.S. Claims Court. Accordingly, the protest was dismissed.