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B-189495 1 (1978-01-17)

handle is hein.gao/gaobadfof0001 and id is 1 raw text is: 


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                           .~ .,THE   COMPTRCLLBR GENERAL
         MClI8ClN                 OF  THE   UN  ITEO D  TATES
                              .1  WAHNGO          .0.C.   a20i46a

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         FILE:        R-189495         DATE:  January 17, 1978

         MATTER  OF:        P.3. Stella Construction Corp.


         .JIGEST:

             Where contracting activity incorporated
             Residential wage rates in IFB in
             addition to Building rates, contractor
             was not justified in assuming lower
             Residential rates applied, since there
             was nothing to show that Residential
             rates had ever been employed by contractor
             in connection with type of work covered by
             contract or that wage rate applied. C3se
             distinguishable from 45 Colo. Gen. 532
             (1966) where contractor had choice beLween
             two separate wage schedules and cencractor
             had indicated that it had used lower wage
             rate in contracts for work of similar nfture.


             By letter of July 13, 1977, with enclosures,
        the Associated General Contractors of Massachusetts,
        Inc., requested zi decision by this Office concerning
        the proper wage rates to be paid on contract No. DACA51-
        77-C-0064, awarded to the'P.J. Stella Construction
        Corp. (Stella) by the Department of the ?rmy NE'. York
        District, Corps of Engineers.

             Invitation for bids (IFB) No. DACA51-77-B-0064,
        issued on February 4, 1977, solicited bids for expan-
        sion of the United States Army Reserve Center with
        organizational maintnance  shop, Hanscom Air Force Base,
        Bedford, Massachusetcs.  The original bid package con-
        tained Davis-Bacon Act Wage Rate Deterr.ination No. MA76-
        2102 and modification No. 1 and 2. The determination
        described the work to be covered as Building construction
        (including residential), heavy and highway conscruction,
        and marine construction.  Following the work descrip-
        tion, the determination was titled Building, Heavy,

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