B-179417, AUG 23, 1973

B-179417, AUG 23, 1973

PROTEST OF ROBERT MCMALLAN AND SONS, INC., AGAINST THE OPENING OF BIDS OR THE AWARD OF ANY CONTRACT FOR THE PAINTING OF FAMILY QUARTERS AT FORT HUACHUCA, ARIZONA, UNDER IFB DAEA 18-74-B-0002, MUST BE DENIED SINCE WAGE DETERMINATIONS ARE THE RESPONSIBILITY OF THE DEPARTMENT OF LABOR, AND ARE NOT SUBJECT TO REVIEW BY ANY OTHER AUTHORITY.

TO ROBERT MCMULLAN AND SONS, INC.:

WE REFER TO YOUR MAIL GRAM OF AUGUST 6, 1973, PROTESTING AGAINST THE OPENING OF BIDS OR THE AWARD OF ANY CONTRACT FOR THE PAINTING OF FAMILY QUARTERS, FORT HUACHUCA, ARIZONA, UNDER IFB DAEA18-74-B-0002.

YOU STATE THAT THE WAGE DETERMINATION FOR PAINTERS, 73-AZ-47 MADE BY THE DEPARTMENT OF LABOR IS ERRONEOUS. IT IS LOWER THAN PREVIOUS WAGE DETERMINATIONS FOR PAINTERS AND IS LOWER THAN THE PREVAILING WAGE. YOU CLAIM THAT THIS WAGE DETERMINATION PUT YOU AT A TREMENDOUS DISADVANTAGE IN BIDDING FOR THIS CONTRACT.

WITH RESPECT TO THE APPROPRIATENESS OF WAGE DETERMINATIONS MADE BY THE DEPARTMENT OF LABOR, WE CALL YOUR ATTENTION TO OUR DECISION B 176140, SEPTEMBER 10, 1972, IN WHICH WE STATED THE FOLLOWING:

"OUR OFFICE HAS NO INFORMATION AS TO THE PROPER WAGE DETERMINATION APPLICABLE TO THE SUBJECT CONTRACT. MOREOVER, IT SHOULD BE NOTED THAT A LABOR DEPARTMENT DETERMINATION AS TO THE PREVAILING WAGE RATES AND FRINGE BENEFITS IN A PARTICULAR AREA HAS BEEN HELD NOT TO BE SUBJECT TO REVIEW BY ANY OTHER AUTHORITY. UNITED STATES V. BINGHAMTON CONSTRUCTION CO., 347 U.S. 171. WE SUGGEST, THEREFORE, THAT ANY QUESTION CONCERNING THE APPLICABLE WAGE DETERMINATION BE DIRECTED TO THE ADMINISTRATOR OF THE WAGE AND HOUR AND PUBLIC CONTRACTS DIVISION OF THE DEPARTMENT OF LABOR."

ACCORDINGLY, WE SUGGEST THAT YOU DIRECT YOUR INQUIRY TO THE ADMINISTRATOR OF THE WAGE AND HOUR AND PUBLIC CONTRACTS DIVISION OF THE DEPARTMENT OF LABOR.