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B-189495 1 (1978-03-31)

handle is hein.gao/gaobadfwh0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .F. P THE UNITED STATrS WASHrIrTON, 0.C. 2054 NI 9t B-189495 DATE: March 31, 1978 MATTEF OF: P. J. Stella Construction Corp. - Reconsideration DIGEST: Prior decision is affirmed notwith- standing allegation in request for reconsideration that contract was first Federal construction contract, performed by contractor, subject to Davis-Bacon Act, because ;while procuring activity should have designated which wage sched- ule in IFB applied, wage schedule applied by contractor clearly noted it was only for use in residential work, not appli- cable here and, therefore, IFB was not so deficient as to warrant equitable con- tract adjustment. Associated General Contractors of Massachusetts, Inc. (AGC), on behalf of P. J.-Stella Construction Corp. (Stella), has -requested reconsideration of our decision in the mat+-er of P. J. Stella Construction Corp., 8-189493, January 17, 1978778-1 CPD 35. Our prior decisidn held that while the Army haC improperly incorporated into the solicitation a Resi- dential wage rate under the Davis-Bacon Act, in addi- tion to a Building wage rate, and had not designated which rate was to apply, Stella was not justified in assuming the lower 'Residential rates applied to a contract for expansion of a military reserve centAr. AGC's request for reconsideration argues that while we recognized that the Army had failed to follow the procedures set forth in Department of Labor Memo- randum No. 68 and section 13-704.2(f) of the Armed Services Procurement Regulation (ASPR) (1976 ed.), - 1 - 4147 N I -I FILE: V,

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