[Protest of NIH Contract Award]

A firm protested the National Institutes of Health's (NIH) decision to award contracts for five items of laboratory glassware. The protester contended that the awards allegedly violated the protester's current Federal Supply Schedule (FSS) contract. NIH responded that it was not a mandatory user agency under the 1983 FSS and, therefore, it could solicit bids competitively. GAO stated that, where items are available on a nonmandatory FSS, a contracting officer is not precluded from issuing a solicitation for those items. The determination whether to proceed with a solicitation to obtain a more favorable price is basically a business judgment which GAO will not question absent a clear showing of abuse of discretion. Accordingly, the protest was denied.