B-218279, B-218290, MAR 13, 1985, CPD 310

B-218279, B-218290, MAR 13, 1985, CPD 310

LABOR DEPARTMENT - JURISDICTION - SERVICE CONTRACT ACT VIOLATIONS DIGEST: 1. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THE SERVICE CONTRACT ACT IS VESTED IN THE DEPARTMENT OF LABOR, NOT GAO. GENERAL ACCOUNTING OFFICE - JURISDICTION - ANTITRUST MATTERS 2. GAO DOES NOT CONSIDER ALLEGATIONS OF ANTITRUST VIOLATIONS.

CENTRAL TEXAS COLLEGE:

CENTRAL TEXAS COLLEGE (CENTRAL) PROTESTS THE PROPOSED AWARD OF CONTRACTS TO RICHARD MILBURN HIGH SCHOOL, BETHESDA, MARYLAND (MILBURN), UNDER INVITATIONS FOR BIDS (IFB) NOS. DAKF23-85-B-0015 AND DAKF23-85-B-0007 ISSUED BY THE DEPARTMENT OF THE ARMY (ARMY). CENTRAL CONTENDS THAT MILBURN MAY NOT COMPLY WITH THE WAGE DETERMINATIONS ISSUED PURSUANT TO THE SERVICE CONTRACT ACT, AS AMENDED, 41 U.S.C. SECS. 351 356 (1982), CONTAINED IN THE INVITATIONS.

WE DISMISS THE PROTESTS UNDER SECTION 21.3(F) OF OUR BID PROTEST REGULATIONS, 49 FED.REG. 49,417, 49,421 (1984) (TO BE CODIFIED AT 4 C.F.R. SEC. 21.3(F)), BECAUSE THEY DO NOT CONTAIN MATTERS FOR OUR CONSIDERATION.

WHETHER MILBURN COMPLIES WITH THE SERVICE CONTRACT ACT WAGE DETERMINATIONS DURING THE PERFORMANCE OF THE CONTRACTS IS A MATTER FOR THE DEPARTMENT OF LABOR AND NOT OUR OFFICE, SINCE THE DEPARTMENT OF LABOR IS RESPONSIBLE FOR THE ADMINISTRATION AND ENFORCEMENT OF THE ACT. NONPUBLIC EDUCATIONAL SERVICES, INC., B-204008, JULY 30, 1981, 81-2 CPD PARA. 9.

CENTRAL ALSO ALLEGES THAT MILBURN MAY HAVE VIOLATED ANTITRUST LAWS WITH REGARD TO IFB NO. DAKF23-85-B-0007. OUR OFFICE DOES NOT CONSIDER ALLEGATIONS OF ANTITRUST VIOLATIONS, AND ANY EVIDENCE OF SUCH VIOLATIONS SHOULD BE SUBMITTED TO THE DEPARTMENT OF JUSTICE. TERRY, INC., B-213792, JAN. 25, 1984, 84-1 CPD PARA. 119.