Protest of Service Contract Act Application in Army IFB

A company protested the inclusion of Service Contract Act (SCA) coverage in an invitation for bids (IFB) issued by the Department of Army for the lease, maintenance, and option to purchase Gaming Support Minicomputer System Equipment to support the Army's combat battlegame facility. The protester asserted that the contract was not covered by SCA because the principal purpose of the contract was the procurement of computers, not the furnishing of computer services; and even assuming coverage, the Department of Labor (DOL) prevailing wage determination in the IFB was defective because no job title or job description described the computer jobs called for in the IFB. However, the contractor was responsible for maintenance which is subject to SCA under DOL regulations and there was no basis to conclude that the actions were contrary to law. Furthermore, nothing deficient was found in the wage determination. Inasmuch as the protester's initial submissions clearly indicate that the protest was without legal merit, the protest was denied.