B-211437, MAY 27, 1983, OFFICE OF GENERAL COUNSEL

B-211437, MAY 27, 1983, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

THE HONORABLE WILLIAM J. HUGHES MEMBER, UNITED STATES HOUSE OF REPRESENTATIVES:

IN LETTER OF MARCH 18, 1983, YOU REQUEST THAT WE RESPOND TO THE ALLEGATIONS OF LOCAL 827 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) THAT UNIVERSAL COMMUNICATIONS CO. IS NOT PERFORMING IN COMPLIANCE WITH THE BUY AMERICAN ACT, 41 U.S.C. SEC. 10A (1976), AND THE SERVICE CONTRACT ACT, 41 U.S.C. SEC. 351, ET SEQ. (1976), PROVISIONS IN THE CONTRACT RECENTLY AWARDED BY THE FEDERAL AVIATION ADMINISTRATION TECHNICAL CENTER IN POMONA, NEW JERSEY.

WHETHER THE CONTRACTOR IS COMPLYING WITH THOSE CONTRACT REQUIREMENTS IS NOT FOR OUR DETERMINATION. WE HAVE SAID THAT WHETHER THE CONTRACTOR IS PERFORMING IN ACCORDANCE WITH THE BUY AMERICAN ACT PROVISIONS IS A MATTER OF CONTRACT ADMINISTRATION FOR THE CONTRACTING AGENCY AND NOT OUR OFFICE. SEE LAW ENFORCEMENT ASSOCIATES, INC., B-205024, APRIL 5, 1982, 82-1 CPD 304, AND AMERICAN MEDICAL INSTRUMENT CORPORATION, B-206562, MARCH 19, 1982, 82-1 CPD 245. WE HAVE ALSO SAID THAT WHETHER THE CONTRACTOR IS IN VIOLATION OF THE SERVICE CONTRACT ACT IS A MATTER FOR THE DEPARTMENT OF LABOR AND NOT OUR OFFICE. SEE AUTOMATION ANALYSIS, INC., B-209604, NOVEMBER 12, 1982, 82-2 CPD 438, AND J&R CLEANING AND GENERAL MAINTENANCE, B-206280, FEBRUARY 19, 1982, 82-1 CPD 147.

THEREFORE, YOU MAY WANT TO CONSIDER DIRECTLY CONTACTING THE FEDERAL AVIATION ADMINISTRATION AND THE DEPARTMENT OF LABOR, RESPECTIVELY, CONCERNING THE IBEW ALLEGATIONS.