Protest Involving Specifications, Buy American Provisions, and Evaluation Factors

A company protested a contract award on four bases: violation of the Buy American Act, failure of the awardee to meet certain solicitation requirements, proposal evaluation on factors not stated in the solicitation, and size status of awardee. The agency's subsequent termination of the contract rendered the protests concerning Buy American provisions and solicitation specifications moot. The contract termination amounted to an admission that the argument concerning evaluation factors had merit, and the adequacy of the specifications was subject to review. The protest as to size status was untimely filed and was not considered. The agency's determination to also cancel the solicitation was justified, and since the agency did not act arbitrarily or capriciously, a claim for proposal preparation costs was denied.