B-214327, FEB 22, 1984
Highlights
DIGEST: A PROTEST FILED BEFORE BEST AND FINAL OFFERS ARE DUE. WHICH ANTICIPATES THAT AN AGENCY WILL NOT COMPLY WITH THE REGULATIONS CONCERNING CHALLENGES TO A SUCCESSFUL OFFEROR'S STATUS UNDER THE WALSH-HEALEY ACT. WILL NOT BE CONSIDERED. CONTENDS THAT THE NAVY APPARENTLY IS GOING TO ACCEPT CAMPBELL'S CERTIFICATION THAT IT IS A REGULAR DEALER WITHOUT REQUIRING ANY SUPPORTING FACTS. THIS MATTER IS TO BE DETERMINED BY THE PROCURING AGENCY IN THE FIRST INSTANCE. SUBJECT TO REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. AT THE TIME THE PROTEST WAS FILED. BEST AND FINAL OFFERS WERE NOT YET DUE. THE NAVY ADVISES THAT A PREAWARD SURVEY WILL BE CONDUCTED ON THE APPARENT SUCCESSFUL OFFEROR.
B-214327, FEB 22, 1984
DIGEST: A PROTEST FILED BEFORE BEST AND FINAL OFFERS ARE DUE, WHICH ANTICIPATES THAT AN AGENCY WILL NOT COMPLY WITH THE REGULATIONS CONCERNING CHALLENGES TO A SUCCESSFUL OFFEROR'S STATUS UNDER THE WALSH-HEALEY ACT, WILL NOT BE CONSIDERED.
THE RAYMOND CORPORATION:
THE RAYMOND CORPORATION PROTESTS ANY AWARD TO E.C. CAMPBELL, INC. BY THE DEPARTMENT OF THE NAVY UNDER REQUEST FOR PROPOSALS (RFP) NO. N00600 83-R- 3940. RAYMOND CHALLENGES THE STATUS OF CAMPBELL AS A REGULAR DEALER UNDER THE WALSH-HEALEY PUBLIC CONTRACTS ACT, 41 U.S.C. SEC. 35 45 (1976), AND CONTENDS THAT THE NAVY APPARENTLY IS GOING TO ACCEPT CAMPBELL'S CERTIFICATION THAT IT IS A REGULAR DEALER WITHOUT REQUIRING ANY SUPPORTING FACTS. RAYMOND REQUESTS THAT THE AWARD BE WITHHELD PENDING A RESOLUTION OF ITS CHALLENGE TO CAMPBELL'S ELIGIBILITY FOR AWARD.
THIS OFFICE DOES NOT CONSIDER PROTESTS CHALLENGING THE LEGAL STATUS OF A FIRM AS A REGULAR DEALER OR A MANUFACTURER WITHIN THE MEANING OF THE WALSH -HEALEY ACT. BY LAW, THIS MATTER IS TO BE DETERMINED BY THE PROCURING AGENCY IN THE FIRST INSTANCE, SUBJECT TO REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. GILLETTE INDUSTRIES, INC., B-204232, AUGUST 13, 1981, 81-2 CPD 139.
AT THE TIME THE PROTEST WAS FILED, BEST AND FINAL OFFERS WERE NOT YET DUE. THE NAVY ADVISES THAT A PREAWARD SURVEY WILL BE CONDUCTED ON THE APPARENT SUCCESSFUL OFFEROR, WHICH WILL INCLUDE CONSIDERATION OF THAT FIRM'S STATUS UNDER THE WALSH-HEALEY ACT. IF THE APPARENT SUCCESSFUL OFFEROR'S STATUS IS FURTHER CHALLENGED, THE NAVY INDICATES THAT IT WILL COMPLY WITH DEFENSE ACQUISITION REGULATION (DAR) SEC. 12 604(B)(2) (1976 ED.). DAR 12-604(B)(4), WITH LIMITED EXCEPTIONS, REQUIRES AWARD TO BE WITHHELD PENDING A DECISION BY THE SBA OR DEPARTMENT OF LABOR ON A WALSH- HEALEY ELIGIBILITY PROTEST.
SINCE THE PROTEST MERELY ANTICIPATES THAT THE NAVY WILL NOT COMPLY WITH THE REGULATIONS, THE PROTEST IS DISMISSED.