Protest Regarding Small Business Size Status

The protester objected to the award of a contract under a 100 percent small business set-aside procurement, alleging that the successful bidder was not a small business and that its bid was nonresponsive. The small business size status of the successful bidder was for determination by the Small Business Administration (SBA). Award of the contract while the appeal of the bidder's size status was pending before SBA's Size Appeals Board was proper since the award was made more than 30 days after receipt of the case in the SBA District office. The allegation regarding the responsiveness of the successful bid was untimely since it was filed more than 9 weeks after bid opening.