A firm protested a Navy contract award, alleging that the awardee quoted a wage rate below the predecessor contract and minimum Service Contract Act wage rates and that the wage determinations included in the solicitation were for incorrect classes of service employees. GAO will not review protests concerning the enforcement of the Service Contract Act, since its enforcement is the responsibility of the contracting agency and the Secretary of Labor. GAO stated that a successor contractor which hires its predecessor contractor's employees is only required to pay the same levels of compensation where it is proven that the preceding contractor had a collective bargaining agreement with its employees. The protester did not prove that a collective bargaining agreement existed or that the awardee hired former employees of the protester. Finally, the protest regarding the wage determinations in the solicitation was filed after contract award and was determined to be untimely. Accordingly, the protest was denied in part and dismissed in part.
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