[Protest of Army Contract Award for Housing Maintenance]

B-256834.2: Oct 24, 1994

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A firm protested an Army contract award for family housing maintenance, contending that the: (1) solicitation should have included wage rates based on the Service Contract Act instead of the Davis-Bacon Act, since the Army was seeking maintenance services rather than construction work; and (2) bid protest timeliness requirements should have been waived, since the flaw in the solicitation was irremedial and undermined the integrity of the procurement process. GAO held that: (1) the protester could not rely on other bidders' protests to remedy procurement errors and was required to timely protest solicitation improprieties; and (2) it would not consider the protest, since the Army and the Department of Labor had the responsibility of determining the applicability of the wage determination provisions. Accordingly, the protest was dismissed.