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B-192125 1 (1979-05-21)

handle is hein.gao/gaobadhgg0001 and id is 1 raw text is: 1. ~0,_LER Qe 0 THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, 0. C. 20548 UN/6, V B-192125 DATE: May 21, 1979 MATTER OF: Joule Technical Corporation DIGEST: 1. Oral protest to agency is permissible if stated in fashion that intent to protest is clear. Intent to protest not evident by statement asserted prior to submission of best and final offer that Service Contract Act wage determination is incompatible with solicitation and will need clarification, and protest, after submission of best and final offer against wage determination per se is untimely. 2. Successful offeror is not guilty of wage busting (practice of lowering.employee wages and fringe benefits by successor contractor to become low offeror when incumbent con- tractor's employees are retained to perform same jobs on successor contracts) if incum- bent's retained employees are reclassified to lower paying jobs with different duties and responsibilities. However, where no statute, regulation or statement of policy in existence at time solicitation issued precludes wage busting, no legal impediment exists to prevent lowering of wages for incumbent employees even if reduction can be categorized as wage busting. 3. While offeror is not legally obligated to pay wages paid by incumbent, where such offeror's proposal expressly states labor rates pro- posed are based on current wage rates for incumbent personnel, contracting officer should take such statement into account in consideration of proposed costs. V1xe1C ~ic~L& t-1r RP .s xzc-, FILE: I

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