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B-191452 1 (1978-04-19)

handle is hein.gao/gaobadfym0001 and id is 1 raw text is: eo tot THE COMPTfDLLER GENERAL ' E3ECISIDIl F. DP THE UNITED STArES W\4 WAS0HING0TO0N. D C. 2J40D B-1914 52 DATE: April 19, 1978 MATTER OF: Kinqs Point Manufacturing Company, Inc. DIGEST: 1. Question of whether bidder is manufacturer or regular dealer under Walsh-Healey Act is for determination by contracting agency subject to review by Secretary of Labor. If bidder is small business concern and contracting officer has determined that it is not a manufacturer or regular dealer, matter must be referred to SBA for review under section 501 of P.L. 95-89, 91 Stat. 553, 562. SBA may either certify small business to be eligible or forward matter to Secretary of Labor for final disjnsition. Thus, GAO will not consider such matters. 2. Protest against affirmative determination of responsibility will not be reviewed unless fraud on part of procuring officials has been alleged or colicitation contains definitive responsibility criteria which allegedly have not been applied, and neither exception is applicable here. 3. Protest against urgency determination anti award of contract is untimely and not for consideration since protest was filed more than 10 days after protester knew of deter- mination and award. Kings Point Manufacturing Company, Inc. (Kings Point), has protested the proposed award of a contract for electrical harness assemblies to Allied Technology Associates, Inc. (ATA), under invitation for bids (IFB) DAABO7-77-B-0315 (B-0315), issued by the Head- quarters United States Army Electronics Command, Fort Monmouth, New Jersey (Army). Kings Point has also pro- tested the Army's award of contract No. DAABU7-77-C-0147 (C-0147) to ATA for the same items. - 1- I It~h QUA- FILE: F' ~Lz7