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GAO WILL DENY A PROTEST AGAINST BIDS PROVIDING WAGES WHICH ARE HIGHER THAN THE DETERMINED RATES. PROTESTS THAT IT IS IMPROPER FOR THE U. THE PROTEST IS DENIED.

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B-212380, AUG 2, 1983

DIGEST: WAGE DETERMINATION IN AN RFP SPECIFIES ONLY THE MINIMUM WAGES AND BENEFITS TO BE PAID. GAO WILL DENY A PROTEST AGAINST BIDS PROVIDING WAGES WHICH ARE HIGHER THAN THE DETERMINED RATES.

CITY WIDE SECURITY SERVICES, INC.:

CITY WIDE SECURITY SERVICES, INC. PROTESTS THAT IT IS IMPROPER FOR THE U. S. MARSHALS SERVICE, IN ITS REQUESTS FOR PROPOSALS NOS. 83-002, 83-003, 83 -004 AND 83-005, TO CONSIDER ANY PROPOSALS WHICH PROVIDE WAGES IN EXCESS OF THE WAGE DETERMINATIONS INCLUDED IN THE SOLICITATIONS. CITY WIDE ARGUES THAT A WAGE DETERMINATION SPECIFIES REQUIRED RATES OF PAY, NOT MINIMUM RATES, AND THAT THE SOLICITATIONS SHOULD BE CANCELED AS MISLEADING, OR REVISED AND CLARIFIED. WE SUMMARILY DENY THE PROTEST.

THE SERVICE CONTRACT ACT OF 1965, 41 U.S.C. SEC. 351 (1976), REQUIRES ALL SERVICE CONTRACTS IN EXCESS OF $2,500 TO INCLUDE A "PROVISION SPECIFYING THE MINIMUM MONETARY WAGES TO BE PAID THE VARIOUS CLASSES OF SERVICE EMPLOYEES IN THE PERFORMANCE OF THE CONTRACT *** AS DETERMINED BY THE SECRETARY OF LABOR." SINCE THE WAGE DETERMINATION ONLY SPECIFIES THE MINIMUM WAGES AND BENEFITS TO BE PAID, IT REMAINS THE BIDDER'S RESPONSIBILITY TO PROJECT COSTS AND TO TAKE INTO CONSIDERATION THE ACTUAL PAY RATES WHICH MAY BE NECESSARY TO EMPLOY AN APPROPRIATE WORK FORCE. GERONIMO SERVICE CO., B-210057, JANUARY 24, 1983, 83-1 CPD 86.

WE FIND NO IMPROPRIETY IN THE U. S. MARSHALS SERVICE REQUESTS FOR PROPOSALS. THE PROTEST IS DENIED.

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