Protest Alleging Restrictive Specifications

A firm protested against what it alleged were unduly restrictive specifications in a solicitation issued by the Bureau of Reclamation. Specifically, the firm protested the brand name or equal specification arguing that the provision restricted competition to one manufacturer. Although the low bid was rejected as nonresponsive, the agency proposed to make the award to the second low bidder. GAO determined that, since the protester was the fifth low bidder and, therefore, was not an interested party, it would not decide the merits of the case. Accordingly, the protest was dismissed.