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B-216452, OCT 9, 1984, 84-2 CPD 394

B-216452 Oct 09, 1984
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GAO DOES NOT CONSIDER COMPLAINT THAT A FIRM IS NOT A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT. SUCH MATTERS ARE FOR DETERMINATION BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE. SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. ALLEGATION THAT FIRM DOES NOT HAVE ADEQUATE FACILITIES TO PERFORM CONTRACT CONCERNS AFFIRMATIVE RESPONSIBILITY DETERMINATION WHICH WILL NOT BE REVIEWED ABSENT CIRCUMSTANCES NOT PRESENT HERE. SEMCO CONTENDS THAT RIDGE IS NOT A MANUFACTURER UNDER THE GUIDELINES OF THE WALSH-HEALEY ACT AND THAT RIDGE LACKS THE REQUIRED MANUFACTURING CAPABILITY. WE DO NOT CONSIDER COMPLAINTS THAT A FIRM IS NOT A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT.

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B-216452, OCT 9, 1984, 84-2 CPD 394

BIDDERS - QUALIFICATIONS - MANUFACTURER OR DEALER - ADMINISTRATIVE DETERMINATION - LABOR DEPARTMENT REVIEW DIGEST: 1. GAO DOES NOT CONSIDER COMPLAINT THAT A FIRM IS NOT A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT. BY LAW, SUCH MATTERS ARE FOR DETERMINATION BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE, SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED 2. ALLEGATION THAT FIRM DOES NOT HAVE ADEQUATE FACILITIES TO PERFORM CONTRACT CONCERNS AFFIRMATIVE RESPONSIBILITY DETERMINATION WHICH WILL NOT BE REVIEWED ABSENT CIRCUMSTANCES NOT PRESENT HERE.

SEMCO INC.:

SEMCO INC. (SEMCO) PROTESTS AWARD OF A CONTRACT TO RIDGE, INC. (RIDGE), UNDER INVITATION FOR BIDS (IFB) DAAH01-84-B-A111 ISSUED BY THE UNITED STATES ARMY MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA. SEMCO CONTENDS THAT RIDGE IS NOT A MANUFACTURER UNDER THE GUIDELINES OF THE WALSH-HEALEY ACT AND THAT RIDGE LACKS THE REQUIRED MANUFACTURING CAPABILITY.

WE DISMISS THE PROTEST.

WE DO NOT CONSIDER COMPLAINTS THAT A FIRM IS NOT A MANUFACTURER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. SECS. 35-45 (1982). BY LAW, SUCH MATTERS ARE FOR DETERMINATION BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE, SUBJECT TO FINAL REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. ALABAMA METAL PRODUCTS, INC., B-215176, MAY 23, 1984, 84-1 CPD PARA. 569.

SEMCO'S ALLEGATION CONCERNING RIDGE'S LACK OF MANUFACTURING CAPABILITY RELATES TO RIDGE'S RESPONSIBILITY AS A CONTRACTOR. PRIOR TO MAKING AN AWARD, A CONTRACTING AGENCY IS REQUIRED TO AFFIRMATIVELY DETERMINE THAT THE PROSPECTIVE AWARDEE HAS THE CAPABILITY TO MANUFACTURE THE REQUIRED GOODS. WE DO NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED OR THE PROTESTER MAKES A SHOWING OF FRAUD ON THE PART OF CONTRACT OFFICIALS. COURIER-CITIZEN COMPANY, B-192899, MAY 9, L979, 79-1 CPD PARA. 323; ILLITRON, B-192309, AUG. 7, 1978, 78-2 CPD PARA. 100.

NEITHER EXCEPTION IS ALLEGED HERE.

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