B-183475, APR 8, 1975
Highlights
WHERE CONTRACTOR LODGES PROTEST AGAINST WAGE DETERMINATION ISSUED BY THE DEPARTMENT OF LABOR IN CONNECTION WITH GENERAL SERVICES ADMINISTRATION PROJECT ON BASIS THAT DETERMINATION IS NOT BASED ON SURVEY BUT ARBITRARY DECISION THAT UNION RATES PREVAIL. GAO WILL NOT REVIEW DETERMINATION SINCE SUPREME COURT. HAS HELD THAT CORRECTNESS OF PREVAILING WAGE DETERMINATIONS MADE BY SECRETARY OF LABOR IS NOT SUBJECT TO JUDICIAL REVIEW. GAO IS OF VIEW THAT IT ALSO IS PRECLUDED FROM REVIEWING DETERMINATION. IT IS ABC'S CONTENTION THAT THIS WAGE DECISION DOES NOT REFLECT THE RATES PREVAILING IN ESSEX COUNTY. IN THAT THE RATES WERE NOT DETERMINED BY A SURVEY BUT BY AN ARBITRARY DECISION THAT UNION RATES PREVAIL.
B-183475, APR 8, 1975
WHERE CONTRACTOR LODGES PROTEST AGAINST WAGE DETERMINATION ISSUED BY THE DEPARTMENT OF LABOR IN CONNECTION WITH GENERAL SERVICES ADMINISTRATION PROJECT ON BASIS THAT DETERMINATION IS NOT BASED ON SURVEY BUT ARBITRARY DECISION THAT UNION RATES PREVAIL, GAO WILL NOT REVIEW DETERMINATION SINCE SUPREME COURT, IN UNITED STATES V. BINGHAMTON CONSTRUCTION CO., 347 U.S. 171 (1954), HAS HELD THAT CORRECTNESS OF PREVAILING WAGE DETERMINATIONS MADE BY SECRETARY OF LABOR IS NOT SUBJECT TO JUDICIAL REVIEW. THEREFORE, GAO IS OF VIEW THAT IT ALSO IS PRECLUDED FROM REVIEWING DETERMINATION.
ASSOCIATED BUILDERS & CONTRACTORS, INC., NEW ENGLAND YANKEE CHAPTER:
BY MAIL GRAM OF MARCH 17, 1975, AND SUPPLEMENTAL LETTER OF MARCH 20, 1975, ASSOCIATED BUILDERS & CONTRACTORS, INC. (ABC), PROTESTED AGAINST WAGE DECISION NO. 75-VT-6 ISSUED BY THE UNITED STATES DEPARTMENT OF LABOR IN CONNECTION WITH GENERAL SERVICES ADMINISTRATION PROJECT NO. RVT 73107 (01553) FOR INTERIOR AND EXTERIOR PAINTING AND ROOF REPAIRS, UNITED STATES BORDER STATION NORTON, VERMONT. IT IS ABC'S CONTENTION THAT THIS WAGE DECISION DOES NOT REFLECT THE RATES PREVAILING IN ESSEX COUNTY, VERMONT, IN THAT THE RATES WERE NOT DETERMINED BY A SURVEY BUT BY AN ARBITRARY DECISION THAT UNION RATES PREVAIL.
THE SUPREME COURT HAS HELD THAT THE CORRECTNESS OF PREVAILING WAGE DETERMINATIONS MADE BY THE SECRETARY OF LABOR IS NOT SUBJECT TO JUDICIAL REVIEW. UNITED STATES V. BINGHAMTON CONSTRUCTION, CO., 347 U.S. 171 (1954). SEE ALSO, FRAMLEA CORPORATION V. DEMBLING, 360 F. SUPP. 806 (1973). GAO CONSTRUES THESE DECISIONS AS ALSO PRECLUDING REVIEW BY THIS OFFICE. 53 COMP. GEN. 402 (1973).