Protest Involving Solicitation Cancellation and Solicitation Specifications

A protester to a contract award argued that the agency improperly cancelled the first solicitation, the second solicitation contained inconsistent specifications, its bid was responsive, the awardee's ability to perform was questionable, and the agency declined to deliver material requested under the Freedom of Information Act (FOIA). Contentions about improprieties in the solicitation cancellation and inconsistent specifications were untimely. The bid was properly rejected as nonresponsive to updated specifications, and the bidder's reliance on oral instructions modifying specifications was at his own risk. GAO did not review the question of the awardee's capabilities which relates to bidder responsibility nor the agency decision not to disclose information under FOIA.