[Request for Reconsideration]

B-209604.2: Jun 20, 1983

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A firm requested reconsideration of a GAO decision which dismissed its protest under a solicitation for computer facility management services issued by the Federal Communications Commission. In that decision, GAO found that the protester's allegation that the proposed awardee had submitted a below-cost bid did not constitute a legal basis for precluding award, and its allegation that the proposed awardee might be paying its employees wages below those required by the Service Contract Act (SCA) was a matter for consideration by the Department of Labor. In its request for reconsideration, the protester asserted that its real basis for protest was that the agency was proposing to award the contract in contravention of a specific solicitation requirement which referenced SCA requirements. GAO considers questions of whether offerers were afforded an equal opportunity to compete with respect to evaluation of a solicitation's SCA requirements. GAO reviewed both the agency's and the protester's interpretation of the language of the specification and found the agency's interpretation to be reasonable. With the exception of the protester, all of the bidders used the same interpretation as the agency in developing their proposals, and the protester did not assert that its total bid would have been any lower had it been able to use a different interpretation of the wage rate requirement. Accordingly, the protest was denied.

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