GAO Will Consider Untimely Protests on Merits When Court Has Expressed Interest in GAO Decision

A company protested the award of a contract under a small business set-aside invitation for bids (IFB). The awardee had questioned the protesting company's status as a small business prior to award; however, award was made notwithstanding this protest since the protester was not licensed to do business in the city. The protester also questioned the awardee's performance pursuant to the contract. An IFB provision that a successful bidder meet all requirements of City codes is not a matter of responsiveness. It is the policy of GAO not to review Small Business Administration determinations of competency or size status except in circumstances not applicable here. Allegation that contractor's performance has not been proper is a matter of contract administration, also not reviewable by GAO. As the protest was in court, the matter of corrective action, if required, was left to the court.