Protest Alleging Awardee of Set-Aside Contract Is Not a Small Business

A company protested award of a contract under a small business set-aside solicitation by the Air Force for full food services at an Air Force Base. Protester contended that, since awardee's chairman of the board owned controlling interest in a bank, his controlled affiliate was not a small business. Protester also contended that if awardee's chairman of the board had sold the bank stock, as claimed, then awardee's Affadavit of Individual Surety was inaccurate, and lacked the necessary signature of a certifying officer of the bank. It followed, then, that the required bid bond was invalid and the awardee's bid was nonresponsive. Determination of small business size and status for procurement purposes is under the exclusive authority of the Small Business Administration, and GAO will not review such questions. Improper completion of the Affadavit of Individual Surety was a matter of responsibility, not responsiveness, which could be corrected prior to award of the contract. The protest was denied.