[Protest of Air Force Contract Award]

B-213904,B-213904.2,B-213904.3,B-213904.4: Aug 8, 1984

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A firm protested an Air Force contract award, alleging that: (1) a collective bargaining agreement was in existence prior to bid opening on a previous contract and that the agreement should have been reflected in the wage determination in the invitation for bids; and (2) the solicitation was ambiguous. Three other firms joined in the first ground of protest and two of them also joined in the second ground of protest. The contract was a small business set-aside and, since the first protester was not a small business, it was ineligible for contract award and it was not an interested party. Therefore, its protest was not considered. Further, there was no indication that the Department of Labor ever issued a new wage determination. Consequently, the contract awarded by the Air Force was based on the same wage determination on which all bidders competed. Therefore, GAO would not question the contract award on that basis. In addition, GAO noted that Labor has the final authority to decide matters of collective bargaining agreements. Finally, bid protest procedures require that protests based upon alleged improprieties apparent on the face of a solicitation be filed prior to bid opening. Since the protests on the second issue were received after bid opening or more than 10 days after the basis for the protests were known, these protests were untimely filed and not for consideration. Accordingly, the protests were dismissed in part and denied in part.

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