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B-193940 1 (1979-01-30)

handle is hein.gao/gaobadgwx0001 and id is 1 raw text is: 


                      6 THE  COMPTROLLER GENERALV4 -.L
DECISI1N                OF   THE  UNITED STATES
                        WASHINGTON, D.C. 20548



FILE:       B-193940          DATE: January 30, 1979

MATTER  OF:     G. W. Galloway Company


DIGEST:

1.  .ISecretary of Labor's wage rate determinations
     issued under Service Contract Act of 1965 are
     not subject to question by General Accounting
     Office.

2.   Allegation that wage rates contained in solic-
     itation issued in late 1978 violate wage-
     price guidelines is without merit where
     guidelines are effective with respect to
     Government contracts awarded under solici-
     tations issued after February 15, 1979.

     G. W. Galloway Company (Galloway) protests the
refusal by the General Services Administration (GSA)
to delete from solicitation No. GSD-9DPR-90012, for the
repair and overhaul of heavy equipment, the minimum
wage rates determined by the Department of Labor (DOL)
under the Service Contract Act of 1965, as amended,
41 U.S.C. § 351 et seq  (1976). Galloway alleges that
the specified wage rates effectively preclude it from
competing under the procurement since it does not
currently pay these high rates. Galloway further argues
that the imposition of Service Contract Act minimum wage
rates is contrary to public policy because of their
inflationary impact and because they allegedly violate
wage-price guidelines.

     The Service Contract Act provides in pertinent part:

     Every contract * * * entered into by the
     United States * * * in excess of $2,500
     * * * the principal purpose of which is to
     furnish services in the United States through
     the use of service employees * * * shall con-
     tain the following:

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