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B-200025 1 (1981-02-20)

handle is hein.gao/gaobadjdi0001 and id is 1 raw text is: t54--k-\ THE COMPTROLLER GENERAL DECISION , OF THE UNITED STATES WASH iNGTO N. 0* C. 205486 tN; I t ' FILE: B-200025 OATE: February 20, 1981 MATTER OF: Rosendin Electriy, Inc. DIGEST: id -~ 1. Subcontractor which submitted quotations for electrical work to bidders for prime contract is interested party since basis for protest is that IFB contained incorrect Davis-Bacon Act wage rates for electricians which would favor potential nonunion subcontractors. 2. Decision dismissing original protest as untimely is affirmed where no error of law is shown in original decision. Argument that award of contract was initial adverse agency action on protest to agency does not warrant reconsideration where record shows that initial adverse agencv action was opening of bids without taking corrective action on protest, and protest to GAO was not filed within 10 days of bid opening. 3. Where Davis-Bacon Act wage rate revision was published in Federal Register after bid opening but before award, cancellation of IFB is not mandatory unless agency intends to modify contract with low bidder to incorporate new wage rate. Award based on IFB's stated wage rate is proper since new wage rate was published later than 10 days before bid opening and is, there- fore, not effective under Department of Labor regulations, 29 C.F.R. 1 1.7(b)(2) (1980). &7 7r IH1 1O0

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