B-151454, JUL. 19, 1963
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 2. CONTENDING THAT AN AWARD SHOULD NOT HAVE BEEN MADE UNDER REQUEST FOR PROPOSALS 04-695 -63-193. SHOULD NEVERTHELESS HAVE INCLUDED MINIMUM WAGE CONDITIONS IN THE REQUEST FOR PROPOSALS. WE CAN REPORT THAT THE OFFER OF THE PROPONENT WHO RECEIVED THE AWARD OF THE SUBJECT CONTRACT WAS EVALUATED AS THE LOWEST RECEIVED AND THE AIR FORCE IS SATISFIED THAT THE PROPONENT IS RESPONSIBLE AND TECHNICALLY QUALIFIED TO PERFORM THE REQUIRED WORK. IT IS REPORTED THAT THE COMPANY HAS HAD EXTENSIVE EXPERIENCE IN CHEMICAL CLEANING ON ATLAS AND TITAN WEAPON SYSTEM AND SPACE SYSTEM COMPONENTS AND HAS WORKED ON PROJECTS AT VANDENBURG AIR FORCE BASE FOR SEVERAL YEARS.
B-151454, JUL. 19, 1963
TO MR. AL MORGAN, PRESIDENT, PLANETECH LABORATORIES, INC.:
FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 2, 1963, CONTENDING THAT AN AWARD SHOULD NOT HAVE BEEN MADE UNDER REQUEST FOR PROPOSALS 04-695 -63-193, COVERING THE OPERATION OF A LIQUID OXYGEN) HYDROCARBON CLEANING FACILITY AT VANDENBURG AIR FORCE BASE, WITHOUT THE INCLUSION OF A REQUIREMENT FOR PREVAILING WAGE RATES.
THE DAVIS-BACON ACT, 40 U.S.C. 276A, DIRECTS THE USE OF CERTAIN MINIMUM WAGE CONDITIONS IN THE SPECIFICATIONS OF CERTAIN CONSTRUCTION CONTRACTS. HOWEVER, THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT IT DID NOT CONSIDER THE PROVISIONS OF THE DAVIS-BACON ACT APPLICABLE TO THE SUBJECT CONTRACT BECAUSE VERY LITTLE CLEANING WORK TO BE DONE UNDER THE CONTRACT WOULD INVOLVE COMPONENTS USED IN CONSTRUCTION. THE DEPARTMENT OF LABOR MADE AN INDEPENDENT INVESTIGATION OF THE MATTER. AFTER REVIEWING THE CONTRACT, EXAMINING THE CLEANING PLANT AND OBSERVING THE WORK BEING PERFORMED BY THE CONTRACTOR'S EMPLOYEES, THAT DEPARTMENT ALSO CONCLUDED THAT THE FACTS DID NOT REQUIRE THE APPLICATION OF THE DAVIS-BACON ACT.
THUS, THE MATTER SEEMS TO RESOLVE ITSELF DOWN TO A QUESTION OF WHETHER THE AIR FORCE, AFTER DECIDING THAT THE FACTS DID NOT REQUIRE DAVIS-BACON COVERAGE, SHOULD NEVERTHELESS HAVE INCLUDED MINIMUM WAGE CONDITIONS IN THE REQUEST FOR PROPOSALS. IN THAT REGARD, OUR OFFICE HAS STATED THAT SUCH CONDITIONS TEND TO INCREASE THE GOVERNMENT'S CONTRACT COST AND SHOULD NOT BE UTILIZED WHEN NO STATUTORY AUTHORITY EXISTS FOR THEM. 20 COMP. GEN. 18.
IN ADDITION, WE CAN REPORT THAT THE OFFER OF THE PROPONENT WHO RECEIVED THE AWARD OF THE SUBJECT CONTRACT WAS EVALUATED AS THE LOWEST RECEIVED AND THE AIR FORCE IS SATISFIED THAT THE PROPONENT IS RESPONSIBLE AND TECHNICALLY QUALIFIED TO PERFORM THE REQUIRED WORK. IN THAT CONNECTION, IT IS REPORTED THAT THE COMPANY HAS HAD EXTENSIVE EXPERIENCE IN CHEMICAL CLEANING ON ATLAS AND TITAN WEAPON SYSTEM AND SPACE SYSTEM COMPONENTS AND HAS WORKED ON PROJECTS AT VANDENBURG AIR FORCE BASE FOR SEVERAL YEARS.
IN VIEW OF THE FOREGOING, WE DO NOT CONSIDER THAT ANY FURTHER ACTION IS REQUIRED BY OUR OFFICE IN THIS MATTER.