B-215176, MAY 23, 1984

B-215176, MAY 23, 1984

DIGEST: GAO DOES NOT CONSIDER COMPLAINT THAT A FIRM IS NOT A REGULAR DEALER OR A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT. BY LAW, SUCH MATTERS ARE FOR DETERMINATION BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE, SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR.

ALABAMA METAL PRODUCTS, INC.:

ALABAMA METAL PRODUCTS, INC. (AMPCO) PROTESTS AWARD OF A CONTRACT TO PETERSON-KLN (PETERSON) FOR WARDROBES AND CABINETS BY THE DEPARTMENT OF THE NAVY, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA. AMPCO CONTENDS THAT PETERSON IS NEITHER A MANUFACTURER NOR A REGULAR DEALER UNDER THE GUIDELINES OF THE WALSH-HEALEY ACT. WE DISMISS THE PROTEST.

WE DO NOT CONSIDER COMPLAINTS THAT A FIRM IS NOT A REGULAR DEALER OR A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. SECS. 35-45 (1982). BY LAW, SUCH MATTERS ARE FOR DETERMINATION BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE, SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. JACK ROACH CADILLAC, INC., B-210043, JUNE 27, 1983, 83-2 CPD PARA. 25.

THE PROTEST IS DISMISSED.