Application of Service Contract Act to Solicitation

B-191554: Jul 13, 1978

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Two companies protested the application of the Service Contract Act to a solicitation. Issues were decided on the basis of protester's submissions as the protest was clearly without legal merit. The protest was summarily denied because: it is within the Department of Labor's (DOL) discretion to determine the application of the act unless its determination is contrary to law; the DOL policy of basing wage determinations on a wide geographic area when the place of performance was not known was questionable but not contrary to law; descriptions of classes of employees in the wage determinations were sufficiently definite to be meaningful; omission of a wage determination for certain employees did not render the solicitation defective since there are provisions in regulations for classifying such employees; and there is no legal requirement that the agency hold the procurement in abeyance pending resolution of a DOL administrative proceeding.