Protest Against Wage Rate Determination in Solicitation

B-198356: Apr 23, 1980

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A firm protested any award of a contract under a solicitation issued by the General Services Administration (GSA). It asserted that the wage rate determination included with the solicitation would soon be replaced by a wage determination which would reflect the result of recently completed labor negotiations between the incumbent contractor and the labor union representing the workers. It further contended that GSA had erred in not delaying the bid opening until a new wage determination could be included in the solicitation. Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening must be filed before that date. Since this protest was filed 1 day after bid opening, it was untimely and not for consideration. Accordingly, the protest was dismissed.