Protest Involving Walsh-Healey Act and Domestic Source End Products

B-184767: May 17, 1976

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A company protested a contract award, asserting that the awardee did not meet the Walsh-Healey Act's definition of a manufacturer or regular dealer and contending that the awardee offered foreign end products. The determination of whether a bidder is qualified under the Walsh-Healey Act rests with the contracting agency, subject to review by the Secretary of Labor, and is not for consideration by GAO. Even though the awardee's Buy American certificate was incomplete, records indicate that most items are to be supplied from domestic manufacturers. The contractor's compliance with the obligation to furnish domestic source end products is a matter of contract administration and does not affect the validity of the award.