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B-176399 1 (1973-01-09)

handle is hein.gao/gaobadubo0001 and id is 1 raw text is: 
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                COMPTROLLER GENERAL OF THE UNITED STATES
                          WASHINGTON, D.C. 2054w



B-176399


Cohen, Shapiro, Polisher, Bhielo   and Cohen
Attorneys at Law
Twenty-second Floor
PhilaUlphia Savlng Fund Building
Philadelphia, Pennsylvania 19107

     Attention: Harold Greenberg, Esquire
Gentlemen:

     Reference is made to your letter of September 5, 1972, end prior
 correspondence, protesting the rejection of the low bid of Service
 Rental for Industry (servrie) for the rental of cleaning clothe and
 mops under General Services AdmnAistration (GSA) invitation for bids
 (iM) No. FSs-l0-721.5-2-73 for the period July X 1972, to June 30,
 1973.

     The bid was rejected because it faled to acknowledgt an amend-
went to the IFB which included the Deprtmnt of Labor wage detend-
nations for ludry end dry cleaning services under the Service
Contract Act not theretofore included.

     You have indicated that Service di zot Acknowledge the amend-
ment with the bid because. it did not receive the aendwent prior to
bid opening. However, our Office has held that the filure to furnish
an amendment does not warrant the acceptance of the bid or a modifi-
cation th reof after the time fixed for opening of bids. 40 Ccmp.


     Further, you have contended that Service is largely an autmated
operation and only one cate ry in the wage determination would apply
to it; that it is a union eottractoV paying in excess of the rate
preseribed in the amendment.; and that at the time it bid it was per-
forming the prior annual contract which cntained prescribed wage
rates. In your estimation, considering the amount of time that would
be utilized by the eqployee egaged in the job category involved during
the one-year period of the contract, total wages of no nore than $56
on a $W4o,000 contract are at issue. However, in a meeting with repre-
sentatives of our Office, you did acknowledge that other Job ategories
not specifically named in the wage determination are involved in the
work. In that connection, we note that the Service Contract Act pro-
vision in the PFB provides that any class of service employee which


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