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B-177941 1 (1973-09-21)

handle is hein.gao/gaobaadgx0001 and id is 1 raw text is: 4- '- ( COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. Zt0348 177941 September 21, 1973 Fred Israel, Esquire 1015 10th Street, . o, Washinetcon, D. 0, 20036 Dear 1r, Israeli Reference is nado to your latter of July 13, 1973t xnd prior cor- respondence, protesting on bche&E of Allied MiterIals and Lquipment Con- pany that th award node to Von anachinery Company (Voso) under requnst for proposalo (161-T) Ho, PNAA'03-73-R-0046 Inued by tius United States Army Weapons Coziinnd, Rock Island Arsenal, 111nois, is void and that there chould ba an iumdinta rnproaurc zint. w In rupport of the protect you have furnishad an affidavit from the president of the United Protection Warhera of Ancrica allezains that Voss is in violation of th Sorvice Contract Act, You state that nince the Army has refused to conduct n full invottij;ation of the nllapcd viola- tions, our Offlea should find that Voss is in violation of th Peorvice Contract Act and that Vose never intended to couaply with the Uervicc Contract Act contractual obligations, You have further contended that an award chould not hav been in'Je to Vans because it is not a cuall business concern. A broach of a contrnctual obligation Toy a contractor does not affect the validity of a contract, award, Thuq, if Voas is in violation of the Service Contract Act labor standards requirod by the contract that would not have a retroactive effect upon the atrard. )urthr, the deterination of Ohether there are 5ervico Contract Act violations under the contract in not the roeponibiliLy of our Offica. The Dnpart- vent of Labor is charged with overacaing the Service. Contract Act. Seo 41 U.S.C, 352 and the regulations pro-mulgatod tharcundor in 29 CR 4.191. Under the Act, the function of our Office is limitd to th listing of persons or firna that the Federal aencien or the. fecretary of Lobor have found to have violated the lar. 41 .3S.. 354. :oreover, under the Act and the regulations, the determInation na to ihethr a contract shall be canceled for violations of the contract labor standards otipu- lations is a matter for the contracting agency. 41 U.S.C, 352(b) and 29 CFR 4,190. Accordlnly, there is no basis for our Office to act upon your request that the cont-act with Vase be terminated because of the alleged labor violations. t p\

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