B-225618, JAN 14, 1987, 87-1 CPD 59
Highlights
PROCUREMENT - SOCIO-ECONOMIC POLICIES - LABOR STANDARDS - SERVICE CONTRACTS - WAGE RATES - ERRORS DIGEST: PROTEST THAT INCORRECT WAGE RATES WERE INCLUDED IN SOLICITATION IS DISMISSED SINCE THE GENERAL ACCOUNTING OFFICE DOES NOT REVIEW THE CORRECTNESS OR ACCURACY OF SERVICE CONTRACT ACT WAGE DETERMINATIONS WHICH ARE MATTERS WITHIN THE JURISDICTION OF THE DEPARTMENT OF LABOR. THE INVITATION IS FOR A CONTRACT TO PROVIDE SERVICES RELATED TO MOVING OF HOUSEHOLD GOODS TO AND FROM SCOTT AIR FORCE BASE. SINCE SCOTT AIR FORCE BASE IS ACTUALLY LOCATED IN THE RURAL AREAS JUST OUTSIDE OF ST. THE INVITATION SHOULD PROPERLY INCLUDE A WAGE RATE DETERMINATION WHICH IS BASED UPON THE LOWER WAGES OF THE RURAL AREAS FROM WHICH EMPLOYEES ARE LIKELY TO BE DRAWN.
B-225618, JAN 14, 1987, 87-1 CPD 59
PROCUREMENT - SOCIO-ECONOMIC POLICIES - LABOR STANDARDS - SERVICE CONTRACTS - WAGE RATES - ERRORS DIGEST: PROTEST THAT INCORRECT WAGE RATES WERE INCLUDED IN SOLICITATION IS DISMISSED SINCE THE GENERAL ACCOUNTING OFFICE DOES NOT REVIEW THE CORRECTNESS OR ACCURACY OF SERVICE CONTRACT ACT WAGE DETERMINATIONS WHICH ARE MATTERS WITHIN THE JURISDICTION OF THE DEPARTMENT OF LABOR.
GERALD MOVING & WAREHOUSING CO.:
GERALD MOVING & WAREHOUSING CO. (GM&W) PROTESTS THAT THE AIR FORCE HAS INCORPORATED AN INCORRECT SERVICE CONTRACT ACT WAGE DETERMINATION INTO INVITATION FOR BIDS NO. F11623-86-B0099. THE INVITATION IS FOR A CONTRACT TO PROVIDE SERVICES RELATED TO MOVING OF HOUSEHOLD GOODS TO AND FROM SCOTT AIR FORCE BASE, AND IT INCORPORATED A DEPARTMENT OF LABOR WAGE DETERMINATION QUOTING WAGE RATES FOR THE ST. LOUIS, MISSOURI AREA. GM&W CONTENDS THAT, SINCE SCOTT AIR FORCE BASE IS ACTUALLY LOCATED IN THE RURAL AREAS JUST OUTSIDE OF ST. LOUIS, THE INVITATION SHOULD PROPERLY INCLUDE A WAGE RATE DETERMINATION WHICH IS BASED UPON THE LOWER WAGES OF THE RURAL AREAS FROM WHICH EMPLOYEES ARE LIKELY TO BE DRAWN.
WE WILL NOT CONSIDER THIS MATTER ON ITS MERITS. IT IS OUR POLICY NOT TO REVIEW THE CORRECTNESS OR ACCURACY OF DEPARTMENT OF LABOR WAGE DETERMINATIONS ISSUED IN CONNECTION WITH SOLICITATIONS SUBJECT TO THE SERVICE CONTRACT ACT. SEE RAMPART SERVICES, INC.-- RECONSIDERATION, B-220800.2, NOV. 12, 1985, 85-2 CPD PARA. 542. THEREFORE, A CHALLENGE TO A SERVICE CONTRACT ACT WAGE DETERMINATION SHOULD BE PROCESSED THROUGH THE ADMINISTRATIVE PROCEDURES ESTABLISHED BY THE DEPARTMENT OF LABOR AND SET FORTH IN TITLE 29 OF THE CODE OF FEDERAL REGULATIONS, RATHER THAN THROUGH A BID PROTEST FILED IN OUR OFFICE. SEE CONSOLIDATED MARKETING NETWORK, INC., B-219387, SEPT. 3, 1985, 85-2 CPD PARA. 262.
THE PROTEST IS DISMISSED.