B-165063, OCT. 2, 1968

B-165063: Oct 2, 1968

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU REQUEST THAT OUR OFFICE CONSIDER INVITATION FOR BIDS DACA47-68-B-0054 VALID NOTWITHSTANDING ADVICE FROM THE OFFICE OF THE CHIEF OF ENGINEERS THAT THE PROCUREMENT WILL BE READVERTISED BECAUSE OF THE EXPIRATION OF THE DAVIS-BACON WAGE RATE DETERMINATION INCLUDED IN THE INVITATION. THE REPORT FROM THE OFFICE OF THE CHIEF OF ENGINEERS ADVISING OUR OFFICE OF THE READVERTISEMENT TATED: "NO ATTEMPT WAS MADE TO EXTEND THE CITED WAGE DETERMINATION BECAUSE THE CRITERIA FOR EXTENSION. EVEN IF AN EXTENSION OF THE WAGE RATE DETERMINATION WAS REQUESTED FROM THE DEPARTMENT OF LABOR. IT IS POSSIBLE THAT THE DEPARTMENT WOULD NOT GRANT THE REQUEST. ALTHOUGH YOUR COMPANY IS PREPARED TO ACCEPT THE CONTRACT AT THE ORIGINAL BID PRICE EVEN IF THE WAGE RATES ARE INCREASED.

B-165063, OCT. 2, 1968

TO MR. T. P. MOHR:

IN LETTER CA5131/5137 OF SEPTEMBER 10, 1968, YOU REQUEST THAT OUR OFFICE CONSIDER INVITATION FOR BIDS DACA47-68-B-0054 VALID NOTWITHSTANDING ADVICE FROM THE OFFICE OF THE CHIEF OF ENGINEERS THAT THE PROCUREMENT WILL BE READVERTISED BECAUSE OF THE EXPIRATION OF THE DAVIS-BACON WAGE RATE DETERMINATION INCLUDED IN THE INVITATION.

YOU REQUEST THAT THE INVITATION BE REINSTATED BECAUSE YOU STATE THAT THE CONTRACTING OFFICER NEGLECTED TO TAKE THE NECESSARY ACTION TO OBTAIN AN EXTENSION OF THE WAGE RATE DETERMINATION. IN THAT CONNECTION, YOU REFER TO ARMED SERVICES PROCUREMENT REGULATION (ASPR) 18-704.2 (A) (3) PROVIDING CONDITIONS UNDER WHICH SUCH EXTENSIONS MAY BE REQUESTED FROM THE DEPARTMENT OF LABOR.

HOWEVER, THE ADMINISTRATIVE OFFICE DID NOT IGNORE ASPR 18-704.2 (A) (3) WHICH PLACES THE DISCRETION FOR REQUESTING A WAGE RATE DETERMINATION EXTENSION IN THE CONTRACTING AGENCY. THE REPORT FROM THE OFFICE OF THE CHIEF OF ENGINEERS ADVISING OUR OFFICE OF THE READVERTISEMENT TATED:

"NO ATTEMPT WAS MADE TO EXTEND THE CITED WAGE DETERMINATION BECAUSE THE CRITERIA FOR EXTENSION, CONTAINED IN ASPR 18-704.2 (A) (3), CANNOT BE MET.'

OF COURSE, EVEN IF AN EXTENSION OF THE WAGE RATE DETERMINATION WAS REQUESTED FROM THE DEPARTMENT OF LABOR, IT IS POSSIBLE THAT THE DEPARTMENT WOULD NOT GRANT THE REQUEST. FURTHER, ALTHOUGH YOUR COMPANY IS PREPARED TO ACCEPT THE CONTRACT AT THE ORIGINAL BID PRICE EVEN IF THE WAGE RATES ARE INCREASED, OUR OFFICE HAS HELD IN A SIMILAR SITUATION IN B-162944, DECEMBER 8, 1967, COPY ENCLOSED, THAT AN AWARD ON THAT BASIS CANNOT PROPERLY BE MADE SINCE IT IS CONTRARY TO LAW.

ACCORDINGLY, NO FURTHER ACTION IS CONTEMPLATED BY OUR OFFICE IN THIS MATTER.