B-183491, APR 29, 1975

B-183491: Apr 29, 1975

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GAO WILL NOT ASSUME JURISDICTION OVER PROTEST REGARDING STATUS OF BIDDER AS "REGULAR DEALER" OR "MANUFACTURER" UNDER WALSH-HEALEY PUBLIC CONTRACTS ACT. SECS. 35-45 (1970)) SINCE BOTH BIDDERS ARE ALLEGEDLY PROCURING THE FINISHED END-PRODUCT FROM A BID BUSINESS SUBCONTRACTOR. THE RESPONSIBILITY OF DETERMINING WHETHER A BIDDER IS QUALIFIED AS A "REGULAR DEALER" OR "MANUFACTURER" UNDER THE ACT 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. WE DO NOT BELIEVE IT IS APPROPRIATE FOR OUR OFFICE TO MONITOR A PROTEST ON A MATTER NOT SUBJECT TO OUR JURISDICTION.

B-183491, APR 29, 1975

GAO WILL NOT ASSUME JURISDICTION OVER PROTEST REGARDING STATUS OF BIDDER AS "REGULAR DEALER" OR "MANUFACTURER" UNDER WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. SECS. 35-45. RESPONSIBILITY FOR DETERMINING WHETHER BIDDER QUALIFIES UNDER ACT RESTS IN FIRST INSTANCE WITH CONTRACTING OFFICER SUBJECT TO REVIEW BY SECRETARY OF LABOR.

F&H MANUFACTURING CORPORATION:

F&H MANUFACTURING CORPORATION (F&H), THE THIRD LOW BIDDER UNDER TOTAL SMALL BUSINESS SET-ASIDE SOLICITATION NO. DSA 900-75-B-2942 FOR ANTENNAS, ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER, DAYTON, OHIO, PROTESTS TO THE CONTRACTING OFFICER AGAINST AWARD BEING MADE TO EITHER AIK, INC. (AIK), THE LOW BIDDER, OR CENTURY METAL PARTS CORPORATION (CENTURY), THE SECOND LOW BIDDER. F&H ASSERTS THAT NEITHER AIK, WHICH CERTIFIED ITSELF AS A "REGULAR DEALER" NOR CENTURY WHICH CERTIFIED ITSELF AS A "MANUFACTURER," QUALIFIED AS SUCH UNDER THE WALSH HEALEY PUBLIC CONTRACTS ACT (41 U.S.C. SECS. 35-45 (1970)) SINCE BOTH BIDDERS ARE ALLEGEDLY PROCURING THE FINISHED END-PRODUCT FROM A BID BUSINESS SUBCONTRACTOR.

COUNSEL FOR F&H ASKS THAT IN THE INTEREST OF MAINTAINING THE INTEGRITY OF THE PROCUREMENT PROCESS THIS OFFICE ASSUME JURISDICTION IN ORDER TO MONITOR F&H'S PROTEST TO THE AGENCY RELATIVE TO THE AFOREMENTIONED WALSH- HEALEY MATTERS. HOWEVER, AS RECOGNIZED BY F&H, THE RESPONSIBILITY OF DETERMINING WHETHER A BIDDER IS QUALIFIED AS A "REGULAR DEALER" OR "MANUFACTURER" UNDER THE ACT 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. MATTER OF TRAND ADVERTISING COMPANY, B-182212, FEBRUARY 19, 1975. WE DO NOT BELIEVE IT IS APPROPRIATE FOR OUR OFFICE TO MONITOR A PROTEST ON A MATTER NOT SUBJECT TO OUR JURISDICTION, AND WE MUST THEREFORE DECLINE F&H'S REQUEST.