Determination of Whether a Small Business Concern is a Manufacturer or a Regular Dealer

The protester contended that because they were a small business concern they may not be rejected from award consideration under the Walsh-Healey Act without referral of the matter of their ineligibility for award to the Small Business Administration (SBA) for consideration. The question of whether a bidder is a manufacturer or a regular dealer is for determination by the contracting agency subject to review by the Secretary of Labor. The protest of the proposed agency finding that the protester was not a manufacturer or regular dealer under the Walsh-Healey Act was dismissed since the matter had been referred to the SBA for resolution.