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B-406696.2 1 (2012-11-16)

handle is hein.gao/gaobadpes0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Colt Defense, LLC File: B-406696.2 Date: November 16, 2012 Michael A. Hordell, Esq., Michael R. Golden, Esq., Heather Kilgore Weiner, Esq., and Samuel W. Jack, Esq., Pepper Hamilton LLP, for the protester. Holly Emrick Svetz, Esq., James K. Kearney, Esq., and Steven W. Cave, Esq., Womble Carlyle Sandridge & Rice, for Remington Arms Company, LLC, the intervenor. Wade L. Brown, Esq., and Kandis C. Gaines, Esq., Department of the Army, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. GAO will not resolve a dispute involving interpretation of a license agreement, even where the amount of the royalty fee under the agreement bears upon evaluation factors of the current solicitation, because this involves a matter of contract administration not subject to GAO's review. 2. A price evaluation scheme included in a solicitation for weapons that accounts for technical data royalty fees that will be due if award is made to an offeror who is not the owner of the technical data is not objectionable, even though the royalty may not represent the ultimate royalty paid by the government under the terms of a technical data license agreement because the parties to the license agreement have not yet agreed upon the applicable royalty fee. DECISION Colt Defense, LLC, of West Hartford, Connecticut, protests the terms of request for proposals (RFP) No. W56HZV-10-R-0593, amendment No. 7, issued by the Department of the Army for standard M4 carbines and standard M4A1 carbines. The protester argues that the terms of the solicitation are inconsistent with the

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