B-181976, AUG 19, 1974

B-181976: Aug 19, 1974

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IS ADVISED THAT SUCH DETERMINATION MAY NOT BE DISTURBED BY GAO BECAUSE RESPONSIBILITY OF DETERMINING WHETHER BIDDER IS QUALIFIED AS REGULAR DEALER OR MANUFACTURER RESTS IN FIRST INSTANCE WITH CONTRACTING AGENCY AND IN ACCORDANCE WITH ACT SUCH DETERMINATION IS SUBJECT TO REVIEW BY SECRETARY OF LABOR AND NOT BY GAO. THE RESPONSIBILITY OF DETERMINING WHETHER A BIDDER IS QUALIFIED AS A REGULAR DEALER OR MANUFACTURER RESTS IN THE FIRST INSTANCE WITH THE CONTRACTING AGENCY AND IS SUBJECT TO REVIEW BY THE SECRETARY OF LABOR AND NOT BY THE GENERAL ACCOUNTING OFFICE.

B-181976, AUG 19, 1974

FIRM WHICH PROTESTS DETERMINATION OF AIR FORCE THAT IT DID NOT QUALIFY AS MANUFACTURER UNDER WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. 35, IS ADVISED THAT SUCH DETERMINATION MAY NOT BE DISTURBED BY GAO BECAUSE RESPONSIBILITY OF DETERMINING WHETHER BIDDER IS QUALIFIED AS REGULAR DEALER OR MANUFACTURER RESTS IN FIRST INSTANCE WITH CONTRACTING AGENCY AND IN ACCORDANCE WITH ACT SUCH DETERMINATION IS SUBJECT TO REVIEW BY SECRETARY OF LABOR AND NOT BY GAO.

LONE STAR AIR PARTS, INCORPORATED:

LONE STAR AIR PARTS, INCORPORATED, PROTESTS THE DETERMINATION BY SAN ANTONIO AIR MATERIEL, AREA, KELLY AIR FORCE BASE, TEXAS, THAT ITS FIRM DID NOT QUALIFY AS A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. 35.

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. HOWEVER, THE RESPONSIBILITY OF DETERMINING WHETHER A BIDDER IS QUALIFIED AS A REGULAR DEALER OR MANUFACTURER RESTS IN THE FIRST INSTANCE WITH THE CONTRACTING AGENCY AND IS SUBJECT TO REVIEW BY THE SECRETARY OF LABOR AND NOT BY THE GENERAL ACCOUNTING OFFICE. B-176738, AUGUST 30, 1972; B- 180384, JANUARY 21, 1974.

IN VIEW THEREOF, THE DETERMINATION BY THE AIR FORCE THAT THE FIRM DID NOT QUALIFY AS A MANUFACTURER UNDER THE WALSH-HEALEY ACT MAY NOT BE DISTURBED BY OUR OFFICE.