The GAO lacks jurisdiction to consider a challenge to a contract awardee’s size status, including questions of whether the awardee is affiliated with its subcontractor under the ostensible subcontractor rule.
In a recent bid protest decision, the GAO confirmed that it will not adjudicate an allegation of ostensible subcontractor affiliation.
The SBA does not evaluate compliance with the limitations on subcontracting as part of the SBA size protest process.
In a recent decision, the SBA Office of Hearings and Appeals confirmed that subcontracting limits are the domain of the procuring agency, which is to consider compliance (or lack thereof) as part of its responsibility determination.
To regular SmallGovCon readers this may seem obvious, but protesters keep doing it, so it deserves a post.
By “it,” I mean filing small business size challenges as part of GAO bid protests. As demonstrated once again in a recent GAO bid protest decision, the GAO typically lacks jurisdiction over size challenges, which must be filed with the SBA.