[Protest of NIH Rejection of Bid for Animal Cages, Racks, and Shelves]

B-240494: Nov 5, 1990

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A firm protested the National Institutes of Health's (NIH) rejection of its bid as nonresponsive for animal cages, racks, and shelves, contending that: (1) its descriptive literature showed its product's compliance with the brand name requirements; (2) the awardee's bid was nonresponsive; and (3) its bid was the most cost-effective. GAO held that: (1) the protester's bid and literature did not adequately indicate its product's compliance with all of the brand name requirements; (2) NIH properly rejected the protester's bid as nonresponsive, since its descriptive literature did not comply with the specifications; and (3) NIH properly did not consider the protester's low, but nonresponsive, bid. Accordingly, the protest was denied in part and dismissed in part.