[Protest of Wage Determinations Incorporated Into Navy Solicitations]

A firm protested a Service Contract Act wage determination incorporated into Navy solicitations for custodial services. The protester, who was the incumbent contractor, complained that the wage determination issued by the Department of Labor was inconsistent with the collective bargaining agreement covering the employees involved. The protester also alleged that the wage determination would result in its being unfairly underbid by competitors unaware that they were required to perform in accordance with the collective bargaining agreement. GAO will not review the accuracy of wage rate determinations issued by Labor in connection with solicitations subject to the Service Contract Act. GAO stated that the protester should not have been placed at a competitive disadvantage as a consequence of its status as the incumbent contractor, because all bidders should have been aware of the collective bargaining agreement. Accordingly, the protest was dismissed.