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B-220800.2, NOV 12, 1985, 85-2 CPD 542

B-220800.2 Nov 12, 1985
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GENERAL ACCOUNTING OFFICE - JURISDICTION - LABOR STIPULATIONS - WAGE DETERMINATIONS DIGEST: PRIOR DISMISSAL OF PROTEST CONCERNING WAGE RATES INCLUDED IN SOLICITATION IS AFFIRMED SINCE GAO DOES NOT REVIEW WAGE DETERMINATIONS ISSUED BY THE DEPARTMENT OF LABOR. RSI NOW ASSERTS THAT IT IS NOT PROTESTING THE ACCURACY OF THE WAGE RATES. ALTHOUGH RSI IS NOT CHALLENGING THE WAGE RATES. IT IS OUR POLICY NOT TO REVIEW THE CORRECTNESS OR ACCURACY OF DEPARTMENT OF LABOR WAGE DETERMINATIONS ISSUED IN CONNECTION WITH SOLICITATIONS. WHICH ARE SUBJECT TO THE SERVICE CONTRACT ACT. SHOULD BE PROCESSED THROUGH THE ADMINISTRATIVE PROCEDURES ESTABLISHED BY LABOR WHICH ARE SET FORTH AT 29 C.F.R. THE PRIOR DECISION IS AFFIRMED.

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B-220800.2, NOV 12, 1985, 85-2 CPD 542

GENERAL ACCOUNTING OFFICE - JURISDICTION - LABOR STIPULATIONS - WAGE DETERMINATIONS DIGEST: PRIOR DISMISSAL OF PROTEST CONCERNING WAGE RATES INCLUDED IN SOLICITATION IS AFFIRMED SINCE GAO DOES NOT REVIEW WAGE DETERMINATIONS ISSUED BY THE DEPARTMENT OF LABOR, RATHER, THE CHALLENGE SHOULD BE PURSUED THROUGH LABOR'S ADMINISTRATIVE REVIEW PROCESS.

RAMPART SERVICES, INC.-- RECONSIDERATION:

RAMPART SERVICES, INC. (RSI) REQUESTS RECONSIDERATION OF OUR DISMISSAL OF ITS PROTEST CONCERNING INVITATION FOR BIDS (IFB) NO. F04684-85-B0075 ISSUED BY THE AIR FORCE. WE DISMISSED THE PROTEST BECAUSE IT CONCERNED AN ALLEGEDLY IMPROPER SERVICE CONTRACT ACT WAGE DETERMINATION INCLUDED IN THE IFB. RSI NOW ASSERTS THAT IT IS NOT PROTESTING THE ACCURACY OF THE WAGE RATES, BUT RATHER THE AIR FORCE'S USE OF THE WAGE DETERMINATION IN VIEW OF THE AIR FORCE'S KNOWLEDGE OF A VARIETY OF ENUMERATED PROBLEMS ASSOCIATED WITH THE LABOR CATEGORIES SET FORTH IN THE WAGE DETERMINATION.

WE AFFIRM THE DISMISSAL.

ALTHOUGH RSI IS NOT CHALLENGING THE WAGE RATES, IT CONTINUES TO QUESTION THE CORRECTNESS AND APPLICABILITY OF THE WAGE DETERMINATION FOR VARIOUS LABOR CATEGORIES. IT IS OUR POLICY NOT TO REVIEW THE CORRECTNESS OR ACCURACY OF DEPARTMENT OF LABOR WAGE DETERMINATIONS ISSUED IN CONNECTION WITH SOLICITATIONS, SUCH AS THE PRESENT ONE, WHICH ARE SUBJECT TO THE SERVICE CONTRACT ACT. A CHALLENGE TO A SERVICE CONTRACT ACT WAGE DETERMINATION, INCLUDING THE LABOR CATEGORIES SET FORTH THEREIN, SHOULD BE PROCESSED THROUGH THE ADMINISTRATIVE PROCEDURES ESTABLISHED BY LABOR WHICH ARE SET FORTH AT 29 C.F.R. SEC. 4.55 (1984). CONSOLIDATED MARKETING NETWORK, INC., B-219387, SEPT. 3, 1985, 85-2 CPD PARA. 262; TRINITY SERVICES, INC., B-215631, DEC. 3, 1984, 84-2 CPD PARA. 602.

THE PRIOR DECISION IS AFFIRMED.

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