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B-190856 1 (1978-01-04)

handle is hein.gao/gaobadfnl0001 and id is 1 raw text is: ~ ., Peter Ii.'mnicelli \THE CCMPTROLLEJIn 02E CECISION . o *. OP THE UNITED * 'ct4-WASHINGTON,.0O.C. ;? -4.EU FILE: B-190856 DATE: January 4, 1978 ri MATTER OF: Angler's Company, Ltd. DIGEST: 1. Question of whether bidder is regular dealer under Walsh-Healey Act is for determination by contracting agency subject to review by Secretary of Labor and will riot be reviewed by GAO. 2. Protert based on contention that low bidder is not financially responsible and is in- ccpable of supplying required goods is dis- misted since it concerns challenge tc agency's affirmative determinatrion of responsibility. which is not matter for review by GAO except in circumstances not present here. Anglcr's Company, Ltd. (Angler's), protests the antic- ipated award of a contract for the procurement of plastic portfolios to the apparent low bidder, Indian-Made Products Company, Inc. (Indian-Made), under General Services Adminis- tration (GSA) solicitation No. FPOO-EN-82584-A. Angler's cortendq that Indian-Made is ineligible for award under provisiors of the Walsh-Healey Public Contracts Act because Indian-Made is not a dealer in plastic portfolio. Angler's also questions whether Indian-Made is financially respon- sible or capable of supplying the required goods. The question of whether a bidder is a manufacturer or regular dealeL is for consideration under 'J_- Walrsh-Healey Act, 41 U.S.C. 9S 35-45 (1970). The responsibility for such cetermination rests in the first instance with the contracting agency and is subject to final review by the Secretary of Labor. Thus, our Office does not review determinations of whether a particular firm is , regular dealer or manufacturer within the purview of the Walsh- Healey Act and related implementing regulations. Acme Plastics, Inc., B-189018, June 8, 1977, 77-1 CPD 415; CNC Company, B-188176, B-188441, March 29, 1977, 77-1 CPD 221. - 1 -I