B-207953, JUL 6, 1982
Highlights
DIGEST: WHETHER BIDDERS ARE REGULAR DEALERS OR MANUFACTURERS UNDER THE WALSH HEALEY PUBLIC CONTRACTS ACT IS FOR DETERMINATION BY THE CONTRACTING AGENCY SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION AND THE SECRETARY OF LABOR. OUR OFFICE DOES NOT CONSIDER QUESTIONS AS TO WHETHER A BIDDER IS A REGULAR DEALER OR MANUFACTURER WITHIN THE MEANING OF THE WALSH-HEALEY PUBLIC CONTRACTS ACT. SUCH MATTERS ARE BY LAW FOR THE CONTRACTING AGENCY'S DETERMINATION IN THE FIRST INSTANCE. SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION (WHERE A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. THE PROTEST IS DISMISSED.
B-207953, JUL 6, 1982
DIGEST: WHETHER BIDDERS ARE REGULAR DEALERS OR MANUFACTURERS UNDER THE WALSH HEALEY PUBLIC CONTRACTS ACT IS FOR DETERMINATION BY THE CONTRACTING AGENCY SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION AND THE SECRETARY OF LABOR.
EUCLID DESIGN & DEVELOPMENT CO., CLARK DIVISION:
EUCLID DESIGN & DEVELOPMENT CO., CLARK DIVISION (EUCLID), PROTESTS AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER SOLICITATION NO. DAAE07 82-B-5468 ISSUED BY THE UNITED STATES ARMY TANK-AUTOMOTIVE COMMAND. EUCLID CONTENDS THAT THE OTHER OFFERORS DO NOT APPEAR TO MEET THE PREREQUISITES OF A REGULAR DEALER OR MANUFACTURER AS SET FORTH UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT.
OUR OFFICE DOES NOT CONSIDER QUESTIONS AS TO WHETHER A BIDDER IS A REGULAR DEALER OR MANUFACTURER WITHIN THE MEANING OF THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. SECS. 35-45 (1976). SUCH MATTERS ARE BY LAW FOR THE CONTRACTING AGENCY'S DETERMINATION IN THE FIRST INSTANCE, SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION (WHERE A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. GILLETTE INDUSTRIES, B-204232, AUGUST 13, 1981, 81-2 CPD 139.
ACCORDINGLY, THE PROTEST IS DISMISSED.