[Protest of NIH Rejection of Bid and Contract Award for Laboratory Equipment Maintenance Services]

B-233357: Feb 27, 1989

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A firm protested the National Institutes of Health's (NIH) rejection of its bid and subsequent contract award to another bidder for laboratory equipment maintenance services, contending that it was entitled to award for the line items for which it submitted the low bid, since: (1) NIH unreasonably interpreted the awardee's bid as an all-or-none offer; and (2) the awardee untimely submitted its best and final offer (BAFO). GAO held that NIH properly awarded the contract, since the: (1) awardee's bid clearly stated its all-or-none qualification and the protester's bid, the only other bid in the competitive range, proposed to meet only some of the requirements; and (2) awardee timely submitted BAFO. GAO also held that the protester was not entitled to reimbursement for its protest costs. Accordingly, the protest was denied.

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