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B-277739 1 (1997-10-16)

handle is hein.gao/gaocrptagdp0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Bug Control Unlimited, Inc. File: B-277739 Date: October 16, 1997 Robert M. Tata, Esq., Hunton & Williams, for the protester. George N. Brezna, Esq., Christopher M. Bellomy, Esq., and Patrick J. Coll, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST A bid is nonresponsive where it fails to acknowledge an amendment including a wage determination that established minimum wages for service employees pursuant to the Service Contract Act of 1965 and where the bidder is not otherwise bound to pay its employees wages at least at the level of those established by the wage determination. DECISION Bug Control Unlimited, Inc. protests the award of a contract under invitation for bids (IFB) No. N00187-96-B-9529, issued by the Department of the Navy, Navy Public Works Center, for annual pest control services at the Naval Amphibious Base Little Creek, Norfolk, Virginia. Bug Control alleges that the Navy improperly rejected Bug Control's low bid as nonresponsive. We deny the protest. The IFB, issued on February 5, 1997, contemplated the award of a combination firm, fixed-price and indefinite quantity contract. The IFB incorporated by reference the contract clause at Federal Acquisition Regulation (FAR) § 52.222-41, Service Contract Act of 1965, as Amended, which states: (c) Compensation. (1) Each service employee employed in the performance of this contract ... shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, . . . as specified in any wage determination attached to this contract.

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