[Protest of FHA Contract Award Contending Improper Bid Rejection]

A firm protested a Federal Highway Administration contract award, contending that its bid was improperly rejected as nonresponsive and arguing that the awardee's bid should have been rejected as nonresponsive. The protester objected to an agency conclusion that its product failed to meet a solicitation requirement. GAO found that the protester's bid took exception to a material solicitation requirement and provided no basis to question the agency's judgment. Furthermore, GAO found that the agency's contact with the protester to clarify its descriptive literature after bid opening was improper. In addition, since the bid was nonresponsive to one requirement, it was irrelevant whether the product offered exceeded other solicitation requirements. The agency reported that, although the awardee's bid as offered was not responsive, it accepted the bid after the firm stated that it would comply with the solicitation specifications during a discussion held after bid opening. GAO found that the awardee's bid should have been rejected as nonresponsive. However, due to the advanced state of contract performance, it was impracticable to recommend corrective action. Accordingly, the protest was denied in part and sustained in part.