B-221867.2, APR 1, 1986

B-221867.2: Apr 1, 1986

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CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - WALSH-HEALEY ACT CONTRACTS DIGEST: WE INFORM A CONGRESSWOMAN THAT THE REASON WE DISMISSED A PROTEST CONCERNING PROTESTER'S STATUS AS A REGULAR DEALER OR MANUFACTURER IS BECAUSE SUCH STATUS DETERMINATIONS ARE NOT WITHIN GAO'S JURISDICTION. WAS RECEIVED IN OUR OFFICE ON FEBRUARY 14. ON THAT SAME DATE WE INFORMED PROFESSIONAL THAT ITS PROTEST TO THIS OFFICE WAS DISMISSED. THE REASON OUR OFFICE DISMISSED PROFESSIONAL'S PROTEST WAS BECAUSE PROFESSIONAL WAS CHALLENGING THE NAVY'S DETERMINATION OF ITS STATUS AS A REGULAR DEALER OR MANUFACTURER UNDER THE WALSH-HEALEY ACT. CHALLENGES TO THE LEGAL STATUS OF A FIRM AS A REGULAR DEALER OF MANUFACTURER UNDER THE WALSH-HEALEY ACT ARE REVIEWED BY THE CONTRACTING AGENCY.

B-221867.2, APR 1, 1986

CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - WALSH-HEALEY ACT CONTRACTS DIGEST: WE INFORM A CONGRESSWOMAN THAT THE REASON WE DISMISSED A PROTEST CONCERNING PROTESTER'S STATUS AS A REGULAR DEALER OR MANUFACTURER IS BECAUSE SUCH STATUS DETERMINATIONS ARE NOT WITHIN GAO'S JURISDICTION.

THE HONORABLE HELEN DELICH BENTLEY:

HOUSE OF REPRESENTATIVES

THIS RESPONDS TO YOUR LETTER OF FEBRUARY 19, 1986, RECEIVED IN THIS OFFICE ON MARCH 3, IN WHICH YOU ASKED THAT WE REVIEW CORRESPONDENCE FROM GRACE L. WORSHAM, PRESIDENT, PROFESSIONAL ELECTRONICS CO. INC. (PROFESSIONAL).

THE CORRESPONDENCE FROM PROFESSIONAL, WHICH CONCERNS ITS PROTEST AGAINST AN AWARD OF A CONTRACT TO ANOTHER OFFEROR UNDER REQUEST FOR PROPOSALS N00123-86-R-0273 ISSUED BY THE NAVAL REGIONAL CONTRACTING CENTER, LONG BEACH, CALIFORNIA, WAS RECEIVED IN OUR OFFICE ON FEBRUARY 14. ON THAT SAME DATE WE INFORMED PROFESSIONAL THAT ITS PROTEST TO THIS OFFICE WAS DISMISSED.

THE REASON OUR OFFICE DISMISSED PROFESSIONAL'S PROTEST WAS BECAUSE PROFESSIONAL WAS CHALLENGING THE NAVY'S DETERMINATION OF ITS STATUS AS A REGULAR DEALER OR MANUFACTURER UNDER THE WALSH-HEALEY ACT, 41 U.S.C. SECS. 35-45 (1982). CHALLENGES TO THE LEGAL STATUS OF A FIRM AS A REGULAR DEALER OF MANUFACTURER UNDER THE WALSH-HEALEY ACT ARE REVIEWED BY THE CONTRACTING AGENCY, THE SMALL BUSINESS ADMINISTRATION AND THE DEPARTMENT OF LABOR AND ARE NOT WITHIN THE GENERAL ACCOUNTING OFFICE'S JURISDICTION. 4 C.F.R. SEC. 21.3(F)(9) (1985).

WE TRUST THAT THIS INFORMATION WILL ASSIST YOU IN RESPONDING TO YOUR CONSTITUENT.