B-176738, AUG 30, 1972

B-176738: Aug 30, 1972

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THE RESPONSIBILITY OF DETERMINING WHETHER OR NOT A BIDDER IS QUALIFIED AS A REGULAR DEALER OR MANUFACTURER RESTS IN THE FIRST INSTANCE WITH THE CONTRACTING AGENCY. THESE DETERMINATIONS BY THE CONTRACTING AGENCIES ARE SUBJECT TO REVIEW BY THE SECRETARY OF LABOR AND NOT BY THE GENERAL ACCOUNTING OFFICE. INC.: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3. THE RESPONSIBILITY OF DETERMINING WHETHER OR NOT A BIDDER IS QUALIFIED AS A REGULAR DEALER OR MANUFACTURER RESTS IN THE FIRST INSTANCE WITH THE CONTRACTING AGENCY. THESE DETERMINATIONS BY THE CONTRACTING AGENCIES ARE SUBJECT TO REVIEW BY THE SECRETARY OF LABOR AND NOT BY THE GENERAL ACCOUNTING OFFICE. NO FURTHER ACTION IS CONTEMPLATED BY THIS OFFICE IN CONNECTION WITH YOUR LETTER OF AUGUST 3.

B-176738, AUG 30, 1972

BID PROTEST - WALSH-HEALEY ACT - STATUS AS MANUFACTURER DENIAL OF PROTEST BY FRAASS SURGICAL MFG. CO., INC., AGAINST THE DETERMINATION BY THE U.S. ARMY WEAPONS COMMAND, ROCK ISLAND, ILL., THAT THEY DID NOT QUALIFY AS A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. 35. THE RESPONSIBILITY OF DETERMINING WHETHER OR NOT A BIDDER IS QUALIFIED AS A REGULAR DEALER OR MANUFACTURER RESTS IN THE FIRST INSTANCE WITH THE CONTRACTING AGENCY. SEE B-157352, SEPTEMBER 30, 1965. IN ACCORDANCE WITH THE WALSH-HEALEY ACT, THESE DETERMINATIONS BY THE CONTRACTING AGENCIES ARE SUBJECT TO REVIEW BY THE SECRETARY OF LABOR AND NOT BY THE GENERAL ACCOUNTING OFFICE. SEE B-161933, OCTOBER 20, 1967.

TO FRAASS SURGICAL MFG. CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3, 1972, ENCLOSING FOR OUR ACTION A COPY OF A LETTER TO THE UNITED STATES ARMY WEAPONS COMMAND, ROCK ISLAND, ILLINOIS, WHEREIN YOU PROTEST THE DETERMINATION BY THAT COMMAND THAT YOUR FIRM DID NOT QUALIFY AS A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. 35.

AS YOU MAY KNOW, THE WALSH-HEALEY ACT VESTS IN THE SECRETARY OF LABOR THE AUTHORITY TO MAKE FINAL ADMINISTRATIVE DETERMINATIONS REGARDING THE INTERPRETATION OF SUCH TERMS AS "REGULAR DEALER" AND "MANUFACTURER" AS USED IN THE ACT. SEE B-162807, DECEMBER 27, 1967. HOWEVER, THE RESPONSIBILITY OF DETERMINING WHETHER OR NOT A BIDDER IS QUALIFIED AS A REGULAR DEALER OR MANUFACTURER RESTS IN THE FIRST INSTANCE WITH THE CONTRACTING AGENCY. SEE B-157352, SEPTEMBER 30, 1965. IN ACCORDANCE WITH THE WALSH-HEALEY ACT, THESE DETERMINATIONS BY THE CONTRACTING AGENCIES ARE SUBJECT TO REVIEW BY THE SECRETARY OF LABOR AND NOT BY THE GENERAL ACCOUNTING OFFICE. SEE B-161933, OCTOBER 20, 1967, B-166905, JULY 24, 1969, AND CASES CITED THEREIN.

IN VIEW THEREOF, THE DETERMINATION BY THE ABOVE COMMAND THAT YOUR FIRM DID NOT QUALIFY AS A MANUFACTURER UNDER THE WALSH-HEALEY ACT MAY NOT BE DISTURBED BY OUR OFFICE. ACCORDINGLY, NO FURTHER ACTION IS CONTEMPLATED BY THIS OFFICE IN CONNECTION WITH YOUR LETTER OF AUGUST 3.