[Protest of Army Contract Award]

A firm protested the award of a contract by the Army to supply generators. The contract was a small business set-aside and was subject to the Walsh-Healey Act, which requires that a Federal agency's contract for supplies exceeding $10,000 be awarded to a manufacturer or dealer. The protester contended that the awardee was neither a manufacturer, as it allegedly certified in its bid, nor a small business. GAO does not consider whether a bidder is a regular dealer or manufacturer within the meaning of the Walsh-Healey Act. By law, such matters are for determination by the contracting agency and then, subject to final review by the Small Business Administration (SBA), where a small business is involved, and the Secretary of Labor. Further, GAO does not consider protests concerning a bidder's size status, because SBA has statutory authority to determine conclusively such matters for Federal procurements. Accordingly, the protest was dismissed.