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B-191554 1 (1978-07-13)

handle is hein.gao/gaobadgfe0001 and id is 1 raw text is: 






               ,F THE COMPTNOLLUN MENURAL
D     8CISION .           Of THE   UNITEO     STATUE
                .~m:  jw AN INGTON, 0. C. 20548



FILE:       8-191554           DATE: July 13, 1978

MATTER  OF:
                    Midwest Service and Supply Co.
                    and Midwest Engine Incorporated
DIGEBT:

     1.  Where it is clear from protester's
         submissions that protest is without
         legal merit, GAO will decide matter
         on basis of theca submissions without
         obtaining agency report.

         Primary responsibility for interpret-
         ing and administering the Service
         Contract Act (SCA) is Vested in
         Department of Labor (DOL) and DOL's
         determination as to those contracts to
         which the SCA will be applied and the
         manner in which it will be applied is
         not objectionable unless so unreason-
         able as to be clearly contrary to law.

     3.  Application.of SCA to proposed contract
         for maintenance,.repair and overhaul of
         heavy c6nstruction, material handling,
         ground powered industrial and vehicular
         equipment, gasoline and diesel ehgines
         and related items, and designation of
         certain work as subject to dual SCA/
         Walsh-Bealey Act coverage is not
         clearly contrary to law.

     4.  DOL's policy of basing wage determina-
         tions issued pursuant to SCA on wide
         geographic area within jurisdiction of
         procuring activity, when place of per-
         formance is nbt known prior to receipt
         of bids, although questionable, is not
         clearly contrary to law.

     5.  Descriptions of classes of employees
         contained in DOL wage rate determina-
         tions are sufficiently definite to be
         meaningful.

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