B-208899, OCT 4, 1982

B-208899: Oct 4, 1982

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B-208899, OCT 4, 1982

DIGEST: GENERAL ACCOUNTING OFFICE DOES NOT REVIEW WAGE RATE DETERMINATIONS ISSUED BY SECRETARY OF LABOR UNDER SERVICE CONTRACT ACT OF 1965.

CONTRACT MANAGEMENT INC.; INDUSTRIAL, TECHNICAL AND PROFESSIONAL EMPLOYEES:

CONTRACT MANAGEMENT INC. (CMI) AND INDUSTRIAL, TECHNICAL AND PROFESSIONAL EMPLOYEES, A DIVISION OF NATIONAL MARITIME UNION (UNION), PROTEST THE WAGE DETERMINATION ISSUED UNDER DEPARTMENT OF THE NAVY (NAVY) INVITATION FOR BIDS (IFB) NO. N62474-82-B-7933, BECAUSE THIS WAGE DETERMINATION, REPRESENTING DECREASED WAGES FOR JANITORIAL WORK, CONFLICTS WITH A SEPARATE WAGE DETERMINATION FOR A DIFFERENT ONGOING CUSTODIAL CONTRACT AT THE SAME NAVAL FACILITY. CMI AND THE UNION ASK THAT WE, IN EFFECT, DETERMINE THE PROPRIETY OF THIS WAGE DETERMINATION AND REQUIRE THE DEPARTMENT OF LABOR TO RECONSIDER ITS DETERMINATION UNDER THIS IFB.

OUR OFFICE DOES NOT REVIEW WAGE RATE DETERMINATIONS MADE BY THE SECRETARY OF LABOR UNDER THE SERVICE CONTRACT ACT OF 1965, AS AMENDED, 41 U.S.C. SEC. 351, ET SEQ. (1976). 48 COMP.GEN. 22 (1968); INTERNATIONAL BUSINESS INVESTMENT, INC., B-200808.2, JUNE 5, 1981, 81-1 CPD 450; G.W.GALLOWAY COMPANY, B-193940, JANUARY 30, 1979, 79-1 CPD 74.

THE ISSUE SHOULD PROPERLY BE RAISED WITH THE DEPARTMENT OF LABOR (DOL), AND, IN THIS CONNECTION, THE NAVY HAS ADVISED US THAT CMI HAS COMPLAINED TO DOL AND DOL CONFIRMED THE WAGE DETERMINATION UNDER THIS IFB.

WE DISMISS THE PROTEST.