B-189672, AUGUST 29, 1977
Highlights
CONTRACTING OFFICER'S DETERMINATION THAT BIDDER IS NOT "MANUFACTURER * * * OR * * * REGULAR DEALER" WITHIN PURVIEW OF WALSH-HEALEY ACT IS NOT FOR REVIEW BY GAO BECAUSE AUTHORITY FOR DETERMINING FINALLY THAT BIDDER IS INELIGIBLE UNDER THE ACT IS VESTED IN DEPARTMENT OF LABOR. THE PROCUREMENT IS FOR A FEDERAL SUPPLY SCHEDULE REQUIREMENTS CONTRACT FOR NOTEBOOKS UNDER WHICH OTHER FEDERAL AGENCIES MAY PLACE ORDERS IN EXCESS OF $10. THE CONTRACTING OFFICER FOUND THAT RHIMCO IS NOT A "MANUFACTURER" OR "REGULAR DEALER" WITHIN THE PURVIEW OF THE ACT AND REJECTED ITS OFFER. THIS OFFICE DOES NOT REVIEW DETERMINATIONS BY CONTRACTING OFFICERS AS TO WHETHER PARTICULAR FIRMS ARE "MANUFACTURERS)" OR "REGULAR DEALERS)" WITHIN THE MEANING OF THE WALSH-HEALEY ACT.
B-189672, AUGUST 29, 1977
CONTRACTING OFFICER'S DETERMINATION THAT BIDDER IS NOT "MANUFACTURER * * * OR * * * REGULAR DEALER" WITHIN PURVIEW OF WALSH-HEALEY ACT IS NOT FOR REVIEW BY GAO BECAUSE AUTHORITY FOR DETERMINING FINALLY THAT BIDDER IS INELIGIBLE UNDER THE ACT IS VESTED IN DEPARTMENT OF LABOR.
RHIMCO INDUSTRIES, INC.:
RHIMCO INDUSTRIES, INC. (RHIMCO) PROTESTS THE DETERMINATION BY THE GENERAL SERVICES ADMINISTRATION (GSA) TO REJECT ITS OFFER UNDER SOLICITATION NO. FP00-EX-49052-A.
THE PROCUREMENT IS FOR A FEDERAL SUPPLY SCHEDULE REQUIREMENTS CONTRACT FOR NOTEBOOKS UNDER WHICH OTHER FEDERAL AGENCIES MAY PLACE ORDERS IN EXCESS OF $10,000 FOR EACH ITEM. PURSUANT TO THE WALSH HEALEY ACT (ACT), 41 U.S.C. 35 ET SEQ. (1970) AND THE APPLICABLE FEDERAL PROCUREMENT REGULATIONS (FPR) 1-12.603 AND 1-12.604 (1964), THE CONTRACTING OFFICER FOUND THAT RHIMCO IS NOT A "MANUFACTURER" OR "REGULAR DEALER" WITHIN THE PURVIEW OF THE ACT AND REJECTED ITS OFFER.
THIS OFFICE DOES NOT REVIEW DETERMINATIONS BY CONTRACTING OFFICERS AS TO WHETHER PARTICULAR FIRMS ARE "MANUFACTURERS)" OR "REGULAR DEALERS)" WITHIN THE MEANING OF THE WALSH-HEALEY ACT. TRAND ADVERTISING COMPANY, B-182212, FEBRUARY 19, 1975, 75-1 CPD 101. THE AUTHORITY TO FINALLY DETERMINE THAT A BIDDER IS INELIGIBLE DUE TO THE PROVISIONS OF THE WALSH-HEALEY ACT IS VESTED IN THE DEPARTMENT OF LABOR. CF. PUBLIC LAW 95-89, AUGUST 4, 1977, 91 STAT. 553, 562.
IN VIEW OF THE ABOVE, THE PROTEST IS DISMISSED.