Ostensible Subcontractor Rule Inapplicable When Prime and Sub Have Identical Size Status; GAO B-414966, Kodiak Base Operations Services LLC

Protest challenging the agency’s evaluation of the awardee’s experience and past performance, as well as the agency’s failure to refer the awardee to the Small Business Administration for a size determination, is denied, where the protester was not prejudiced by the agency’s consideration of past performance by the awardee’s sister company, and where both the prime and subcontractor were eligible 8(a) program participants, and therefore the ostensible subcontractor rule did not apply.