B-182787, DEC 24, 1974

B-182787: Dec 24, 1974

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IS ADVISED THAT SUCH MATTERS ARE FOR DETERMINATION BY THE SECRETARY OF LABOR AND MAY NOT BE QUESTIONED BY GAO. IT IS ALLEGED THAT CHANNING-HAMILTON IS NOT "RESPONSIBLE" SINCE IT DOES NOT MEET THE REQUIREMENTS OF THE WALSH-HEALEY PUBLIC CONTRACTS ACT. 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. NO FURTHER ACTION IS CONTEMPLATED BY THIS OFFICE CONCERNING SUCH PROTEST.

B-182787, DEC 24, 1974

FIRM WHO QUESTIONS WHETHER LOW BIDDER MEETS REQUIREMENTS OF WALSH HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. 35, IS ADVISED THAT SUCH MATTERS ARE FOR DETERMINATION BY THE SECRETARY OF LABOR AND MAY NOT BE QUESTIONED BY GAO.

WEMCO CASTING COMPANY:

WEMCO CASTING COMPANY PROTESTS ANY CONTRACT AWARD TO CHANNING HAMILTON CORPORATION, THE LOW BIDDER UNDER SOLICITATION NO. DAAG34-75-B 0022, ISSUED BY LETTERKENNY ARMY DEPOT, DEPARTMENT OF THE ARMY. IT IS ALLEGED THAT CHANNING-HAMILTON IS NOT "RESPONSIBLE" SINCE IT DOES NOT MEET THE REQUIREMENTS OF THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. 35.

THE WALSH-HEALEY ACT AUTHORIZES THE SECRETARY OF LABOR TO ADMINISTER ITS PROVISIONS AND ISSUE RULES AND REGULATIONS THEREUNDER AND 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.

ACCORDINGLY, NO FURTHER ACTION IS CONTEMPLATED BY THIS OFFICE CONCERNING SUCH PROTEST.