Protest of Army Refusal To Postpone Bid Opening

B-201482: Mar 17, 1981

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A company protested the Army's refusal to postpone bid opening under a solicitation for custodial services and its refusal to disclose the lengths of service of the incumbent contractor's employees. The company argued that, since the Service Contract Act requires any successor contractor to furnish its employees fringe benefits at least equal to those which the previous contractor's employees received, the incumbent possessed an unfair advantage because it knew its employees' lengths of service and could better anticipate the cost of performing the contract. It is the bidder's responsibility to project its costs and to include in the basic contract price a factor to cover any projected increases in costs resulting from its having to meet minimum wage standards. Further, the contracting agency is not required to disclose to a bidder the incumbent contractor's employees' lengths of service for use to establish the anticipated costs of performing the contract. Accordingly, the protest was denied.

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