Eligibility for Small Business/Labor Surplus Area Set-Aside Award

One protester objected to the agency's determination to proceed with a combined small business/labor surplus area set-aside while a second protester questioned the eligibility as a small business of the first protester. The first protester was not eligible for award since the Small Business Administration Size Appeals Board had found it to be a large business concern and, as of the date of bid opening, it had not been recertified as a small business. Until the determination that it is a large business is overruled, the protester cannot be considered as a small business. Although the contract was improperly awarded, it should not be terminated for convenience since that would not be in the Government's best interest.