B-158043, APR. 12, 1966

B-158043: Apr 12, 1966

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TO BUNCH ELECTRIC COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 8. YOUR COMPLAINT IS BASED ON THE FACTS THAT WAGE RATE DETERMINATION NO. CORRECTIVE ACTIONS TO BE TAKEN WITH RESPECT TO WAGE RATE DETERMINATIONS MADE BY THE SECRETARY OF LABOR PURSUANT TO THE DAVIS BACON ACT ARE MATTERS FOR CONSIDERATION BY THE DEPARTMENT OF LABOR AND ARE NOT WITHIN THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE OR ANY OTHER AGENCY. IT IS OUR UNDERSTANDING THAT THIS BOARD DOES NOT CONSIDER APPEALS UNLESS THEY ARE PRESENTED BEFORE AWARD OF THE CONTRACT FOR WHICH THE DETERMINATIONS WERE MADE. WE ARE ADVISED BY THE DEPARTMENT OF LABOR THAT NO TIMELY COMPLAINT WAS RECEIVED BY IT IN THIS INSTANCE AND THAT THE RATE ESTABLISHED WAS BASED UPON THE ONLY ANSWER IT RECEIVED TO ITS INQUIRIES OF SOURCES IN THE AREA.

B-158043, APR. 12, 1966

TO BUNCH ELECTRIC COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 8, 1965, PROTESTING AGAINST THE ELECTRICIAN'S WAGE RATE OF $4.40 PER HOUR REFLECTED IN WAGE RATE DETERMINATION NO. AC-32,572, ISSUED BY THE SECRETARY OF LABOR ON AUGUST 7, 1964, FOR A HOUSING PROJECT AT CROCKETT, HOUSTON COUNTY, TEXAS. YOUR COMPLAINT IS BASED ON THE FACTS THAT WAGE RATE DETERMINATION NO. AC- 7,704, ISSUED BY THE SECRETARY OF LABOR ON NOVEMBER 8, 1963, FOR THE CROCKETT NURSING HOME AT CROCKETT, HOUSTON COUNTY, TEXAS, REFLECTED AN ELECTRICIAN'S WAGE RATE OF $2.68 PER HOUR AND THAT AS A SUBCONTRACTOR ON THE PUBLIC HOUSING PROJECT YOU DID NOT BECOME AWARE OF THE CHANGE IN WAGE RATES UNTIL AFTER YOU HAD SUBMITTED YOUR BID.

SECTION 1416, TITLE 42, U.S. CODE, PROVIDES THAT ANY CONTRACT FOR LOANS, ANNUAL CONTRIBUTIONS, CAPITAL GRANTS, SALE, OR LEASE PURSUANT TO CHAPTER 8, TITLE 42, U.S. CODE, ENTITLED LOW-RENT HOUSING, SHALL CONTAIN A PROVISION THAT NOT LESS THAN THE WAGES PREVAILING IN THE LOCALITY AS PREDETERMINED BY THE SECRETARY OF LABOR PURSUANT TO THE DAVIS-BACON ACT, 40 U.S.C. 276A, SHALL BE PAID TO ALL LABORERS AND MECHANICS EMPLOYED IN THE DEVELOPMENT OF THE PROJECT INVOLVED; AND THAT THE PUBLIC HOUSING ADMINISTRATION SHALL REQUIRE CERTIFICATION AS TO COMPLIANCE WITH THOSE PROVISIONS PRIOR TO MAKING ANY PAYMENT UNDER SUCH CONTRACT.

CORRECTIVE ACTIONS TO BE TAKEN WITH RESPECT TO WAGE RATE DETERMINATIONS MADE BY THE SECRETARY OF LABOR PURSUANT TO THE DAVIS BACON ACT ARE MATTERS FOR CONSIDERATION BY THE DEPARTMENT OF LABOR AND ARE NOT WITHIN THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE OR ANY OTHER AGENCY. UNITED STATES V. BINGHAMPTON CONSTRUCTION COMPANY, 347 U.S. 171. THE SECRETARY OF LABOR HAS ESTABLISHED IN HIS DEPARTMENT A WAGE APPEALS BOARD TO CONSIDER APPEALS FROM WAGE DETERMINATIONS, BUT IT IS OUR UNDERSTANDING THAT THIS BOARD DOES NOT CONSIDER APPEALS UNLESS THEY ARE PRESENTED BEFORE AWARD OF THE CONTRACT FOR WHICH THE DETERMINATIONS WERE MADE. WE ARE ADVISED BY THE DEPARTMENT OF LABOR THAT NO TIMELY COMPLAINT WAS RECEIVED BY IT IN THIS INSTANCE AND THAT THE RATE ESTABLISHED WAS BASED UPON THE ONLY ANSWER IT RECEIVED TO ITS INQUIRIES OF SOURCES IN THE AREA.

WAGE RATES APPLICABLE TO CONTRACTS MADE OR FINANCED BY THE GOVERNMENT ARE SUPPOSED TO BE INCLUDED IN THE INVITATION FOR BIDS AND TO BE KNOWN TO PROSPECTIVE BIDDERS AT LEAST TEN DAYS PRIOR TO THE DATE OF BID OPENING, SO THAT THE BIDS SUBMITTED ARE PRESUMED TO HAVE BEEN BASED UPON THE APPLICABLE RATES.

IN VIEW OF THE FOREGOING, WE MUST ADVISE THAT THERE APPEARS TO BE NO RELIEF AVAILABLE TO YOU WITHIN THE JURISDICTION OF THIS OFFICE.