B-174368, NOV 18, 1971
Highlights
BASED ON THE PREMISE THAT SOLICITATION INCLUDED WAGE REQUIREMENTS WHICH WERE IN VIOLATION OF TITLE II OF THE ECONOMIC STABILIZATION ACT OF 1970. ADVISING THAT GAO IS PRECLUDED FROM DECIDING PROTEST IN THE FIRST INSTANCE. TO HUDOCK AND HUDOCK: WE ARE IN RECEIPT OF YOUR LETTER DATED OCTOBER 18. IT WOULD APPEAR THAT YOUR PROTEST IS BASED SOLELY UPON THE PREMISE THAT THE SOLICITATION INCLUDED WAGE REQUIREMENTS WHICH WERE IN VIOLATION OF TITLE II OF THE ECONOMIC STABILIZATION ACT OF 1970. OUR OFFICE IS THEREFORE PRECLUDED FROM DECIDING YOUR PROTEST IN THE FIRST INSTANCE. WE NOTE IN THIS REGARD THAT YOU HAVE REQUESTED A RULING FROM THE OFFICE OF EMERGENCY PREPAREDNESS. IN THE CIRCUMSTANCES WE HAVE ADVISED THAT OFFICE NO FURTHER ACTION BY OUR OFFICE IS CONTEMPLATED.
B-174368, NOV 18, 1971
BID PROTEST - WAGE REQUIREMENTS - VIOLATION OF ECONOMIC STABILIZATION ACT OF 1970 CONCERNING PROTEST OF ARROW TRANSFER COMPANY AGAINST AWARD OF CONTRACT UNDER SOLICITATION ISSUED BY MILITARY DISTRICT OF WASHINGTON, BASED ON THE PREMISE THAT SOLICITATION INCLUDED WAGE REQUIREMENTS WHICH WERE IN VIOLATION OF TITLE II OF THE ECONOMIC STABILIZATION ACT OF 1970. ADVISING THAT GAO IS PRECLUDED FROM DECIDING PROTEST IN THE FIRST INSTANCE, AS AUTHORITY TO DECIDE QUESTIONS OF THIS NATURE HAS BEEN DELEGATED TO THE OFFICE OF EMERGENCY PREPAREDNESS.
TO HUDOCK AND HUDOCK:
WE ARE IN RECEIPT OF YOUR LETTER DATED OCTOBER 18, 1971, PROTESTING ON BEHALF OF ARROW TRANSFER COMPANY, INC., AGAINST THE PROPOSED AWARD OF A CONTRACT UNDER SOLICITATION NO. DAHC30-72-B-0002, ISSUED BY THE MILITARY DISTRICT OF WASHINGTON.
IT WOULD APPEAR THAT YOUR PROTEST IS BASED SOLELY UPON THE PREMISE THAT THE SOLICITATION INCLUDED WAGE REQUIREMENTS WHICH WERE IN VIOLATION OF TITLE II OF THE ECONOMIC STABILIZATION ACT OF 1970, 84 STAT. 796, 799. UNDER THE TERMS THEREOF, AS IMPLEMENTED BY EXECUTIVE ORDER 11615, AUGUST 15, 1971, AUTHORITY TO DECIDE QUESTIONS OF THIS NATURE HAS BEEN DELEGATED TO THE OFFICE OF EMERGENCY PREPAREDNESS, AND OUR OFFICE IS THEREFORE PRECLUDED FROM DECIDING YOUR PROTEST IN THE FIRST INSTANCE.
WE NOTE IN THIS REGARD THAT YOU HAVE REQUESTED A RULING FROM THE OFFICE OF EMERGENCY PREPAREDNESS. IN THE CIRCUMSTANCES WE HAVE ADVISED THAT OFFICE NO FURTHER ACTION BY OUR OFFICE IS CONTEMPLATED, AND WE ARE CLOSING OUR FILE IN THE MATTER.