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B-266034.2 1 (1996-03-18)

handle is hein.gao/gaocrptadtu0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DECISION FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Ameriko, Inc. File: B-266034.2 Date: March 18, 1996 Christopher Solop, Esq., and William R. Purdy, Esq., Ott & Purdy, for the protester. Joseph G. Billings, Esq., and Dennis J. Riley, Esq., Riley & Artabane, for Maintenance, Inc., an interested party. William J. Hemmer, Esq., and Clarence D. Long III, Esq., Department of the Air Force, for the agency. Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably classified painting work as covered by the Service Contract Act rather than the Davis-Bacon Act, where vast majority of painting work was to be performed in conjunction with change of occupancy maintenance services for military housing, rather than as part of construction projects. 2. Protest challenging rejection of proposal for failure to comply with Service Contract Act (SCA) wage rate is denied where, even if protester were correct that agency should have held discussions rather than reject the proposal--because solicitation was confusing as to whether SCA or Davis-Bacon Act wages applied-- protester's late best and final offer based on SCA wages shows that protester's price would not have been low, and that protester therefore would not have been in line for award in any case. DECISION Ameriko, Inc. protests the award of a contract to Patriot Maintenance, Inc. under request for proposals (RFP) No. F25600-94-R-0111, issued by the Department of the Air Force for military family housing maintenance at Offutt Air Force Base, Nebraska. Ameriko contends that the agency improperly rejected the firm's best and final offer (BAFO) based on noncompliance with the Service Contract Act (SCA), while accepting the awardee's BAFO, which included cost data showing a wage rate below the applicable SCA rate. 121449

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