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B-195215 1 (1979-07-12)

handle is hein.gao/gaobadhka0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-195215 DATE: July 12, 1979 MATTER OF: Enviro-Development Company DIGEST: Propriety of contracting genc 's 3ejection of jfi tesbe-r- id 7ecause protester's Operations Mandh r, who signed bid, was on debarred bidders list for violation of Service Contract Act is not for consideration by GAO, since Service Contract Act provides that Federal agency head and Secretary of Labor are to enforce act. Such enforce- ment powers include making determinations regarding affiliations with debarred individuals and firms. By letter of June 9, 1979, with enclosures, Enviro-Development Company protested the rejection of its bid submitted in response to solicitation No. R3-0879-3, issued by the Forest Service, United States Department of Agriculture. The above solicitation called for bids for tree thinning and piling in the Lincoln National Forest, New Mexico. Bids were opened on May 25, 1979, and Enviro-Development was the apparent low bidder. How- ever, Enviro-Development's bid was signed by a Mr. Gene Woolbright who had, on March 1, 1977, been placed on the Comptroller General's debarred bidders list for violation of the Service Contract Act, 41 U.S.C. § 351, et seq. (1976). The act directs that no contract shall be awarded to such persons or firms, or to any firm, corporation, partnership or association in which such persons or firms have a substantial interest, until 3 years have elapsed from the date of publication of the list containing the name of such persons or firms. The Forest Service determined that Mr. Woolbright had a substantial interest in Enviro-Development since

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