B-185336, DEC 3, 1975
Highlights
PROTEST THAT WAGE DECISION FOR ELECTRICIANS BY DEPARTMENT OF LABOR UNDER DAVIS-BACON ACT DID NOT REFLECT PREVAILING WAGES AND THAT EVIDENCE FURNISHED LABOR REGARDING PREVAILING WAGE RATES WAS NOT CORRECT. WILL NOT BE CONSIDERED IN VIEW OF SUPREME COURT DECISION IN UNITED STATES V. THE SUBCONTRACT WAS FOR THE EXTENSION OF A WASTE TREATMENT PLANT AND COLLECTION SYSTEM. THAT THE EVIDENCE FURNISHED LABOR REGARDING PREVAILING WAGE RATES WAS NOT CORRECT. THE SUPREME COURT HAS HELD THAT THE CORRECTNESS OF PREVAILING WAGE DETERMINATIONS MADE BY THE SECRETARY OF LABOR IS NOT SUBJECT TO JUDICIAL REVIEW. WE HAVE CONSISTENTLY CONSTRUED THESE DECISIONS AS ALSO PRECLUDING REVIEW BY OUR OFFICE. 53 COMP.
B-185336, DEC 3, 1975
PROTEST THAT WAGE DECISION FOR ELECTRICIANS BY DEPARTMENT OF LABOR UNDER DAVIS-BACON ACT DID NOT REFLECT PREVAILING WAGES AND THAT EVIDENCE FURNISHED LABOR REGARDING PREVAILING WAGE RATES WAS NOT CORRECT, WILL NOT BE CONSIDERED IN VIEW OF SUPREME COURT DECISION IN UNITED STATES V. BINGHAMTON CONSTRUCTION CO., 347 U.S. 171 (1954), PRECLUDING JUDICIAL REVIEW OF PREVAILING WAGE DETERMINATIONS BY SECRETARY OF LABOR.
TALON CONSTRUCTION COMPANY:
BY TELEX DATED NOVEMBER 12, 1975, THE TALON CONSTRUCTION COMPANY (TALON) PROTESTED WAGE DECISION NO. 75-TX-288, MODIFICATION NO. 1, DATED NOVEMBER 4, 1975, FOR ELECTRICIANS ISSUED BY THE DEPARTMENT OF LABOR (LABOR) UNDER THE DAVIS-BACON ACT, 40 U.S.C. SEC. 276A (1970), IN CONNECTION WITH SUBCONTRACT VA-567 AWARDED UNDER CONTRACT NO. N00019-74 C-9023 BETWEEN THE NAVAL AIR SYSTEMS COMMAND, WASHINGTON, D.C., AND LTV AEROSPACE CORPORATION. THE SUBCONTRACT WAS FOR THE EXTENSION OF A WASTE TREATMENT PLANT AND COLLECTION SYSTEM. TALON CONTENDS THAT THIS WAGE DECISION DID NOT REFLECT THE PREVAILING WAGES PAID IN THE SUBCONTRACT AREA, AND THAT THE EVIDENCE FURNISHED LABOR REGARDING PREVAILING WAGE RATES WAS NOT CORRECT.
THE SUPREME COURT HAS HELD THAT THE CORRECTNESS OF PREVAILING WAGE DETERMINATIONS MADE BY THE SECRETARY OF LABOR IS NOT SUBJECT TO JUDICIAL REVIEW. UNITED STATES V. BINGHAMTON CONSTRUCTION CO., 347 U.S. 171 (1954). SEE ALSO FRAMLEA CORPORATION V. DEMBLING, 360 F. SUPP. 806 (1973). WE HAVE CONSISTENTLY CONSTRUED THESE DECISIONS AS ALSO PRECLUDING REVIEW BY OUR OFFICE. 53 COMP. GEN. 402 (1973); INTERNATIONAL UNION OF OPERATING ENGINEERS, B-182408, FEBRUARY 12, 1975, 75-1 CPD 90; HENDRY CORPORATION, B-179871, APRIL 1, 1975, 75-1 CPD 189; ASSOCIATED BUILDERS & CONTRACTORS, INC., NEW ENGLAND YANKEE CHAPTER, B-183475, APRIL 8, 1975, 75 -1 CPD 215, AFFIRMED SEPTEMBER 24, 1975, 75-2 CPD 177. THE PROTESTER MAY CHALLENGE WAGE DETERMINATIONS THROUGH LABOR'S ADMINISTRATIVE PROCESS ESTABLISHED BY 29 C.F.R. PART 7 (1974).
THEREFORE, WE DECLINE TO CONSIDER THE MERITS OF THE PROTEST.