B-216247, SEP 12, 1984, 84-2 CPD 287
Highlights
PROTEST THAT AWARDEE'S BID IS TOO LOW TO PERMIT COMPLIANCE WITH BOTH THE SOLICITATION'S MINIMUM MANNING REQUIREMENTS AND THE APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION IS DISMISSED. OR AN ALLEGATION THAT DEFINITIVE RESPONSIBILITY CRITERIA WERE MISAPPLIED. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THE SERVICE CONTRACT ACT IS VESTED IN THE DEPARTMENT OF LABOR. AMERIKO ALLEGES THAT THE AWARDEE'S OFFERED PRICE IS TOO LOW TO PERMIT COMPLIANCE WITH BOTH THE SOLICITATION'S MINIMUM MANNING REQUIREMENTS AND THE APPLICABLE WAGE DETERMINATION ISSUED PURSUANT TO THE SERVICE CONTRACT ACT OF 1965. ANY REJECTION OF AN OFFER AS TOO LOW REQUIRES A DETERMINATION THAT THE OFFEROR IS NONRESPONSIBLE.
B-216247, SEP 12, 1984, 84-2 CPD 287
BIDS - PRICES - BELOW COST DIGEST: 1. PROTEST THAT AWARDEE'S BID IS TOO LOW TO PERMIT COMPLIANCE WITH BOTH THE SOLICITATION'S MINIMUM MANNING REQUIREMENTS AND THE APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION IS DISMISSED. REJECTION OF A BID AS TOO LOW REQUIRES THE AGENCY TO FIND THE BIDDER NONRESPONSIBLE, AND GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS, OR AN ALLEGATION THAT DEFINITIVE RESPONSIBILITY CRITERIA WERE MISAPPLIED. GENERAL ACCOUNTING OFFICE - JURISDICTION - LABOR STIPULATIONS - SERVICE CONTRACT ACT OF 1965 2. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THE SERVICE CONTRACT ACT IS VESTED IN THE DEPARTMENT OF LABOR, NOT WITH GAO.
AMERIKO MAINTENANCE CO.:
AMERIKO MAINTENANCE CO. PROTESTS THE AWARD OF A CONTRACT FOR JANITORIAL SERVICES TO EXECUTIVE SUITE SERVICES, INC. UNDER SOLICITATION NO. MDA 902- 84-R-0014, ISSUED BY THE ARMED FORCES RADIO AND TELEVISION SERVICES, LOS ANGELES, CALIFORNIA. AMERIKO ALLEGES THAT THE AWARDEE'S OFFERED PRICE IS TOO LOW TO PERMIT COMPLIANCE WITH BOTH THE SOLICITATION'S MINIMUM MANNING REQUIREMENTS AND THE APPLICABLE WAGE DETERMINATION ISSUED PURSUANT TO THE SERVICE CONTRACT ACT OF 1965, AS AMENDED, 41 U.S.C. SECS. 351-356 (1982). WE DISMISS THE PROTEST.
WHERE A SOLICITATION CONTAINS MINIMUM MANNING REQUIREMENTS, ANY REJECTION OF AN OFFER AS TOO LOW REQUIRES A DETERMINATION THAT THE OFFEROR IS NONRESPONSIBLE. HERE, HOWEVER, THE CONTRACTING ACTIVITY'S AWARD TO EXECUTIVE CONSTITUTES A DETERMINATION THAT THE FIRM IS 48 FED.REG. 42,102, 42,144 (1983) (TO BE CODIFIED AT RESPONSIBLE. FEDERAL ACQUISITION REGULATION, SEC. 9.105-2, 48 C.F.R. SEC. 9.105-2). THIS OFFICE DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS, OR AN ALLEGATION THAT DEFINITIVE RESPONSIBILITY CRITERIA WERE MISAPPLIED. DRAGON SERVICES, INC., B-213041, MARCH 19, 1984, 84-1 CPD PARA. 322. NEITHER EXCEPTION IS APPLICABLE HERE.
AMERIKO'S ALLEGATION THAT EXECUTIVE MAY NOT COMPLY WITH THE APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION IS THE RESPONSIBILITY OF THE DEPARTMENT OF LABOR, NOT GAO, AND WE THEREFORE WILL NOT CONSIDER THE MATTER. SEE THE SWANSON CORPORATION, B-213846.3, APRIL 16, 1984, 84-1 CPD PARA. 418.
THE PROTEST IS DISMISSED.