[Protest of Army Elimination of Evaluation Factor From Solicitation for Laser Designator Rangefinders]

A firm protested an Army solicitation for laser designator rangefinders, contending that the Army should have considered the protester's patent and technical data royalty fees in evaluating bids. GAO held that the Army: (1) improperly deviated from the requirement to evaluate the fees, since the deviation was applicable only where procurement was anticipated and it did not plan future solicitations for the item; and (2) should have evaluated the technical data royalties, since they represented a possible cost to the federal government. Accordingly, the protest was sustained, and GAO recommended that the Army amend the solicitation to provide for the evaluation of the fees.