Two firms protested the Department of Health and Human Services' rejection of their bids as nonresponsive for failing to include lists of proposed subcontractors, contending that the solicitation did not require the lists. The protesters also filed suit against the government in a U.S. district court. GAO will not decide protests where the matter involved is the subject of litigation before a court of competent jurisdiction unless the court requests its opinion. Accordingly, the protests were dismissed.
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