PROTEST AGAINST CONTRACTING AGENCY'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY IS DISMISSED WHERE PROTESTER FAILS TO SHOW FRAUD ON THE PART OF THE PROCURING OFFICIALS OR THAT SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. 3. PROTEST CONCERNING BIDDER'S SMALL BUSINESS SIZE STATUS IS NOT FOR REVIEW BY GAO SINCE BY LAW IT IS A MATTER FOR DECISION BY...

A firm protested a small business set-aside for cafeteria services under an invitation for bids issued by the Immigration and Naturalization Service. The protester, the third low bidder, argued that the low bidder: (1) had an unfair competitive advantage, because it used facilities which received Federal and State grants; and (2) did not qualify as a small business. In addition, the protester ques...