[Protest of Army Corps of Engineers Contract Award for Hydraulic Cranes]

A firm protested an Army Corps of Engineers contract award for two hydraulic cranes, contending that: (1) the Army improperly rejected its bid as nonresponsive; and (2) the awardee's bid was also nonresponsive. The solicitation required bidders to submit descriptive literature to demonstrate that they were offering a product that conformed with the solicitation requirements. The Army rejected the protester's bid because its literature did not demonstrate full compliance with the solicitation. GAO held that the Army: (1) properly rejected the protester's bid because, at best, the bid was ambiguous as to whether the protester could meet the solicitation requirements; and (2) should have rejected the awardee's bid because its descriptive literature failed to establish, in several respects, how its equipment would comply. Accordingly, the protest was denied in part and sustained in part. GAO recommended that the Army terminate the awarded contract and resolicit its requirement.