[Protest of GSA Procurement Practices and Contract Award]

B-211803: Jul 17, 1984

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A firm protested a General Services Administration (GSA) contract award for automated data processing services, contending that GSA: (1) required it to meet the solicitation's wage standards in two determinations while the awardee only met them once and it accepted the awardee's proposal even though it did not meet Service Contract Act requirements; (2) erroneously determined that the act applied to certain solicitation labor categories; (3) improperly adjusted its proposed benchmark prices upward; and (4) improperly issued contract modifications. GAO held that, although the awardee failed to meet the solicitation's minimum wage standards in two wage determinations, a solicitation amendment during negotiations waived that requirement and the awardee's bid was therefore acceptable. The allegations concerning application of the act's requirements and contract modifications were filed more than 10 days after their bases were or should have been known, which rendered them untimely. Further, whether a contractor complies with act requirements is a matter for the Department of Labor. GAO did not consider the protest regarding contract modifications because it was a matter of contract administration. Accordingly, the protest was denied in part and dismissed in part.