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B-192000 1 (1978-06-14)

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THE  CiMPT.lOLLUR   OWUNEAL
OF  THU   UNITED ETATUE


WABSHIN  GTON  s


FILE:  B-192000


June Lit, 178


MATTER  OF:MPT  Enterprises

DIGEST:


      Where SBA concurs in contracting officer's
      finding that small business concern is not
      regular dealer undur Walsh-Healey Act, matter
      is subject to final review by Secretary of
      Labor and is not for consideration by GAO.

      MPT Enterprises, the low biddar under invitation
for bids No. DAAJO1-78-B-0101, issued'by the United
States Armypprotests  the contractingoff'icer's
determinatio~i that it does not qualify as a regular
dealer under) the Walsh-Healey Act, 41 U.S.C.
5S 35-45 (1970).

     Wehave  been advised that the Small Business
Adminis;ration has concurred in the contracting
officer's finding, and the matter has been submitted
to the Secretary of Labor for review.

     Under section 501 of Puo. I. No. 95-89, 91 Stat.
561, amendingu.aection 8(b) ofoheh Small Business
Act of 1958, 15 U.SZC. 5 637(b)(7) (1976), a con:-
tracting offier's  finding in such matter is subject
to final review by the Secretary of Labor.  It is
notilor consideration by our Office.  See Bethpage
Industries,_Inc., 8-189912, January 20, 1978, 78-1
CPD 54.


The protest


is dismissed.


Paul G. Dembling
General Counsel


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DECISION
                All


o.r.  20548


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