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B-189894 1 (1977-11-23)

handle is hein.gao/gaobadfkf0001 and id is 1 raw text is: g I . THE CCIMPTOLLEf U*ENERAL DECISION t 0 . OF THE UNITED ETATM '1- WA~r INGTON. D.C,. 201548 LNI1LtQ FILE: 3-189894 DArE- November 23, 1977 MATTER OF: Bick-Com Corporation nIGEST: Where agency issues solicitation subject to Davis-Bacon Act, but utilizes erroneous wage deturmination and discovers error after bid opening but prior to award, agency cancel- lation of solicitation is proper. The Bick-Com Corporation (Bick-Com) protests the Air Foree's proposed cancellation of invitation for bids (IFB) F27604-77-90084 for the replacement of siding on military family housing at Pease Air Force Base, New Hampshire. The solicitation, which is subject to the Davis-Bacon Act, 40 U.S.C. I 276a (1970), contained an erroneous wage determination which was anot discovered until after bids were opened. Tha bids were 'pened oi June 16, 1977. Bick- Com was low bidder. Toward the end of July the Air Force advised Bick-Com that there was a delay in making an award because the solicitation containid a 'general wage determination applicable to building, heavy, hIghway, and marine construction whereas the proper wage determi'ation would be one which vas applicable to resid ntial construction. The Air Force ultimately determined that the only course of action open to it was cancellation of the solicitation and so advised BicK-Com whereupon Bick-Com fildd its protest of such an action with our Office. Dick-Com admits that the work the solicitation called for properly falls within the category of residential work and that the wage rate .terminatifn found in the solicitation is improper. However, Bick-Com argues that cancellatinn is'unfair because any mistake mad-,was not Bick-Co's but the Air Force's, tnd In any event the insertion of a lwer rate (the residenrial wage rates are lower than the tcyage rates contained in the selicitation) would not impact on the bid 5Jick-Com submitted because its em- ployees receive pay at rates established by unions. Finally, Bick-Com irges that consideration should be given to the fact that its price has been publicly disclosed. L1 t

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