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B-190645 1 (1978-03-03)

handle is hein.gao/gaobadfti0001 and id is 1 raw text is: A.-t4 TL!.UCi1 *UCUIC C rst cCmpACLLER ENERAL DECISION '.1 OF THE UN ITED *TATEU WASHINGTON, D.C. 205423 FILE: B-190645 DATE: MArchi 3, ±978 MATTER OF: Baker Manufacturing Company: Inc. DIGEST: Question of whether small business firm ir zogular dealer under Walsh-Healey Act is for determination by contracting agency subject to review by Small Business Adminis- tration. Where, as here, SBA certifies firm eligible for award, such certification is final and will not be reviewed by GAO. By letter dated February 1, 1978, Baker Manufacturing Company, Yic. (Baker), has protested the award of a con- tract on December 23, 1977, to International Trade Opera- tions (ITO), a small business concern, pursuant to solicitation No. DACA87-77-B-0120, issued by the United States Army Corps of Engineers, Huntsville, Alabama. The.protester challenges ITO's eligibility for award on the basis that ITO is not a regular dealer under the Walsh-Healey Public Contracts Act. Baker had'originally protested to the Department of the Army on this basis on September 28, 1977. The matter of ITO's eligibility for award was forwarded to the Small Business Administration (SBA) for resolution in accordance with section 501 of P.L. 95-39, and on December 22, 1977, the SBA determined ITO to be eligible for award under the subject solicitation. The quiestion of whether a bidder is a manufacturer or regular dealer is for consideration under the Walsh- Healey'Act, 41 U.S.C. SS 35-45 (1970). The responsibility for such determination rests in the first instance with the contracting agency. If the contracting officer deter- mines that an otherwise qualified small business concern may be ineligible for award due to the regular dealer provision of the Walsh-Healey Act, the contrarting officer is required to refer the matter to the SBA for its review under section 501 of P.L. 95-89, 91 Stat. 561, amending section 8(b) of the Small Business Act of 1958. Where the

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