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B-178739 1 (1973-06-14)

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COMPTROLLER GENERAL OF m' UNITED .WTATIC5
          WAHINGTOIUI. D. M. U8


3-178739


June 14, 1973


,M jManufacturing,0 I .
37 Beabro Avenue
Amityvillep NowYork 11701
     Attention: Hr. Artbur For4
                 Secretary-Treamurer

Gentlemen;


        *   Reference is made to your teletax of ay 2p1973 requesting
fi- ,,   unbyttb       Oftfice in connection with a protest'fLe by your
       firm wih the Food and Drug Adinistrat.ion (FDA), JRcn*ife, Xary-
       land, Your firm initiated Its protest by a letter t 'the FDA
       dated May 1%, Z9731 a copy of which was uraished this Office,
       wherein you protestOd wmd to Alton Iron Works (Alton) on the ba-
       sin that Alton was not a mmnufacturer a     drquird by the alsh-Ifealey
       Pubic Contract Act (hl U.8.C. 35).


     As you my know, the flsh-lasley Act vet  in thw Secretary
of Labor the authority to =ahe final admnivtrniItivc determinatoonu
regarding the intgrpretations of such term, as reeulardealer
and manufacturer as uoed in the Act,  .'.? ;y38 August, 30, 1972;
13-162807, December 27, 1967. lHoever, the respontibflity Of do-
terminin whether' or not a bidder is qualified a na regular dealer
or manufacturor restB in the flrut instaue with thi contracting
agVe. See B1-57352, Septwter 30, 1965*. In aocor4anae with the
Wath-Jiaoaley Act, these determinations by the contracting agencico
aro subject to roview by the Secretaroy of Labor and not by, the
Gnoral Aoounting Office. See 3-161933, Oober 20, 19671
D166905p July 24, 1969, and cases cited theroin, In view thereof,
any determination conoerning Alton's status as a nnufaomrer under
the alsb-Healey Act my not be questioned by our nffie.
     Concerning your letter of May 29 1973, yu conted that the
all or none pvroVion on pae 5 of Alton's tid can oly b&,


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