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B-196829.2 1 (1980-09-18)

handle is hein.gao/gaobadiom0001 and id is 1 raw text is: 
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                        THE  COMPTROLLER GENERAL
DECISION     /   OF THE UN ITE D STATES
                        W ASHINGTON.  0. C. 20548
             /                            /. [TV,


BL .L-   2hc        DAE   . e
B-i6829.2           DATE:  September


MATTER  OF:


A&C Building and Industrial
Maintenance Corporation--Reconsideration


DIGEST:

1.   Where record indicates that at time Standard
     Form 98 was submitted to Department of Labor
     (DOL) and at time IFB was issued contracting
     officer did not know basis for DOL determina-
     tion that protester had violated Service Con-
     tract Act (SCA) and what class of workers was
     affected, GAO cannot conclude that contract-
     ing officer erred in not including that class
     of employees in SF 98.

2.   Incumbent contractor is not at competitive
     disadvantage because DOL wage rate determi-
     nation did not include specific job classi-
     fications, since DOL wage rate determination
     notified bidders of their legal responsi-
     bility to comply with incumbent contractor's
     collective bargaining agreement with respect
     to wages and fringe benefits for job classi-
     fications not specifically included in wage
     rate determination but required for contract
     performance.

     A & C Building and Industrial Maintenance Cor-
poration (A&C) requests reconsideration of our decision?
A & C Building and Industrial Maintenance Corporation,
B-196829, March 31, 1980, 80-1 CPD 238, in the basis
that the decision reflects a gross misunderstanding
of the facts of the case.: We affirm our prior decision.

    In  its protest A&C contended that the solicitation
issued by the General Services Administration (GSA) and
the accompanying Service Contract Act (SCA) wage deter-
mination were defective because the contracting officer
failed to include certain job categories in the Standard
Form /(SF) 98, Notice of Intention to Make a Service


FILE:


18, 1980


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