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B-190645 1 (1977-11-30)

handle is hein.gao/gaobadfkr0001 and id is 1 raw text is: I II THE COFMPTROLLER GCAICAL CECISICN Or THE UYITED0 STATES W AESHINGTON, M.C. 2054G0 FILE: B-190645 DATE: November 30, 1977 MATTER OF: International Trnde Operations DIGEST: 1. Question of whether a bidder is manufacturer or regular dealer under Walnh-Healey Act '.s for determination by contracting agency subject to review by Secretary of Labor, and will not be reviewed by GAO. 2. Small bhsiness protest of proposed agency finding that it is no. a manufacturer or regu2a dealer under Walsh-Healey lct is dismissed where matter has been referred to Small Business Administration for resolution rursuant to section 501 of P.L. 95-8. By letter dated November 8, 1977, International Trqde Operations (ITO) has protetted the proposed award of contracts to any other bidders purct'ant to solicitation Nos. DACA87-77-- 0120, DACA87-77-3-0133, and DACA87-/7-3-0136, issued by the United Staies Army Corps of Engineers, Huntsville, Alabama. The protester alleges that the Defense Contract Administration Serviceu Region (DCASR), Philadelphia, is about to report its find- ing that ITO's bids are ineligible for award because ITO is not a regular dealer under the Walsh-Healey Act. The protester contends that because it is a small business concern it nay not be rejected from award consideration under the Walsh-Healey Act without referral of the matter of its ineligibility for award to the Small Business Administration for consideration. The questien of whether a bidder is a manufacturer or regular dealer is for consideration under the Walsh-Healey Act, 41,U.S.C. §5 35-45 (1970). The responsibility for such deter- mination rests in the first.inptance with the contfacting age.4cy and is subject to final review by the Sec:etary of Labor. Thus, our Office does not review dcterminations of whether a particulaL firm is a regular dealer or manufacturer within the purview of the Walsh-Healey Act and related implementing regula- tions. Acme Plastics, Inc., 3-189018, June 8, 1977, 77-1 CPD 415; CNC Company, B-188176, B-183441, March 29, 1)77, 77-1 CPD 221. - 1 - I

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