[Protest of Army Contract Award for Repair and Upgrade Services]

A firm protested an Army contract award for repair and upgrade services, contending that the awardee's bid was nonresponsive, since it included a material condition on performance of the contract which could not be waived by the Army to make the awardee's bid responsive. GAO held that the awardee's bid was nonresponsive, since it modified the material terms of the solicitation, limited the awardee's liability to the government, and limited the rights of the government under the contract. Accordingly, the protest was sustained, and GAO recommended that the Army: (1) terminate the awardee's contract and make award to the protester, if otherwise appropriate; and (2) reimburse the protester for its protest costs.