B-179250(2), FEB 28, 1974

B-179250(2): Feb 28, 1974

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ENCLOSED IS A COPY OF OUR DECISION OF TODAY. IT IS OUR VIEW. IS QUESTIONABLE AND ALSO HAS A SERIOUS ADVERSE EFFECT ON THE GOVERNMENT'S PROCUREMENT OF SERVICES WHICH ARE PERFORMED AT THE LOCATION OF THE SUCCESSFUL BIDDER. IT IS BEING TRANSMITTED BY LETTERS OF TODAY TO THE CONGRESSIONAL COMMITTEES NAMED IN SECTION 232 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970. YOU ARE REQUIRED BY 31 U.S.C. 1176 TO SUBMIT STATEMENTS WITH RESPECT TO THE ACTION TO BE TAKEN ON THE RECOMMENDATION TO THE HOUSE AND SENATE COMMITTEES ON GOVERNMENT OPERATIONS NOT LATER THAN 60 DAYS AFTER THE DATE OF THIS DECISION. WE WOULD APPRECIATE BEING ADVISED OF WHATEVER ACTION IS TAKEN ON OUR RECOMMENDATION.

B-179250(2), FEB 28, 1974

PRECIS-UNAVAILABLE

TO SECRETARY OF LABOR:

WE REFER TO LETTER OF DECEMBER 7, 1973, FROM THE ACTING ADMINISTRATOR, EMPLOYMENT STANDARDS ADMINISTRATION, WHICH FURNISHED YOUR DEPARTMENT'S VIEWS ON THE PROTEST OF A-V CORPORATION AGAINST CERTAIN TERMS OF INVITATION FOR BIDS DABE34-73-B-0059, ISSUED AT FORT SAM HOUSTON, TEXAS.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY. WHILE THE PROTEST HAS BEEN DENIED, IT IS OUR VIEW, AS INDICATED IN THE DECISION, THAT YOUR INTERPRETATION OF SECTIONS 2(A)(1), 2(A)(2) AND 4(C) OF THE SERVICE CONTRACT ACT, AS AMENDED, IS QUESTIONABLE AND ALSO HAS A SERIOUS ADVERSE EFFECT ON THE GOVERNMENT'S PROCUREMENT OF SERVICES WHICH ARE PERFORMED AT THE LOCATION OF THE SUCCESSFUL BIDDER. FOR THE REASONS INDICATED IN THE DECISION, WE RECOMMEND THAT YOU PRESENT THESE MATTERS TO THE CONGRESS WITH A VIEW TOWARDS OBTAINING CLARIFYING LEGISLATION. SINCE THE DECISION CONTAINS A RECOMMENDATION FOR CORRECTIVE ACTION TO BE TAKEN, IT IS BEING TRANSMITTED BY LETTERS OF TODAY TO THE CONGRESSIONAL COMMITTEES NAMED IN SECTION 232 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970, 31 U.S.C. 1172. YOU ARE REQUIRED BY 31 U.S.C. 1176 TO SUBMIT STATEMENTS WITH RESPECT TO THE ACTION TO BE TAKEN ON THE RECOMMENDATION TO THE HOUSE AND SENATE COMMITTEES ON GOVERNMENT OPERATIONS NOT LATER THAN 60 DAYS AFTER THE DATE OF THIS DECISION, AND TO THE COMMITTEES ON APPROPRIATIONS IN CONNECTION WITH THE FIRST REQUEST FOR APPROPRIATIONS MADE BY THE AGENCY MORE THAN 60 DAYS AFTER THE DATE OF THE DECISION.

WE WOULD APPRECIATE BEING ADVISED OF WHATEVER ACTION IS TAKEN ON OUR RECOMMENDATION.