Protest Against Inclusion of Service Contract Act Provisions in Solicitations

A company protested the inclusion of Service Contract Act provisions and Department of Labor (DOL) wage determinations in solicitations involving data processing services, stating that the provisions were not applicable since only white collar labor would be employed for the services. GAO did not object to inclusion of the provisions even though a U.S. district court ruled that the Act was not applicable to such services since: DOL declined to follow the decision in all other jurisdictions and was supported by a cognizant congressional committee, and there was conflict within the same judicial circuit as to whether decisions by DOL regarding coverage of the Act are judicially reviewable.