B-216474, OCT 9, 1984, 84-2 CPD 395
Highlights
THIS MATTER IS TO BE DETERMINED BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE. SUBJECT TO REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. SEMCO CONTENDS THAT RIDGE IS NOT A MANUFACTURER OF THE SOLICITED ITEMS AS REQUIRED BY THE WALSH-HEALEY ACT. THIS MATTER IS TO BE DETERMINED BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE. SUBJECT TO REVIEW BY THE SMALL BUSINESS ADMINISTRATION (WHERE A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. THE PROTEST IS DISMISSED.
B-216474, OCT 9, 1984, 84-2 CPD 395
BIDDERS - QUALIFICATIONS - MANUFACTURER OR DEALER - ADMINISTRATIVE DETERMINATION - LABOR DEPARTMENT REVIEW DIGEST: GAO DOES NOT CONSIDER THE LEGAL STATUS OF A FIRM AS A REGULAR DEALER OR MANUFACTURER WITHIN THE MEANING OF THE WALSH-HEALEY ACT. BY LAW, THIS MATTER IS TO BE DETERMINED BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE, SUBJECT TO REVIEW BY THE SMALL BUSINESS ADMINISTRATION (IF A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR.
SEMCO, INC.:
SEMCO, INC. (SEMCO), PROTESTS THE AWARD OF A CONTRACT TO RIDGE, INC. (RIDGE), UNDER REQUEST FOR PROPOSALS NO. DAAH01-84-R-0227 ISSUED BY THE UNITED STATES ARMY MISSILE COMMAND, REDSTONE ARSENAL. SEMCO CONTENDS THAT RIDGE IS NOT A MANUFACTURER OF THE SOLICITED ITEMS AS REQUIRED BY THE WALSH-HEALEY ACT, 41 U.S.C. SEC. 35-45 (1982).
THIS OFFICE DOES NOT CONSIDER THE LEGAL STATUS OF A FIRM AS A REGULAR DEALER OR A MANUFACTURER WITHIN THE MEANING OF THE WALSH-HEALEY ACT. LAW, THIS MATTER IS TO BE DETERMINED BY THE CONTRACTING AGENCY IN THE FIRST INSTANCE, SUBJECT TO REVIEW BY THE SMALL BUSINESS ADMINISTRATION (WHERE A SMALL BUSINESS IS INVOLVED) AND THE SECRETARY OF LABOR. AEROGLIDE CORPORATION, B-215484, JULY 2, 1984, 84-2 CPD PARA. 9; JAMES S. SCROGGINS & CO., B-213363, APR. 17, 1984, 84-1 CPD PARA. 429.
THE PROTEST IS DISMISSED.