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B-191554 1 (1978-07-13)

handle is hein.gao/gaobadgfe0001 and id is 1 raw text is: ,F THE COMPTNOLLUN MENURAL D 8CISION . Of THE UNITEO STATUE .~m: jw AN INGTON, 0. C. 20548 FILE: 8-191554 DATE: July 13, 1978 MATTER OF: Midwest Service and Supply Co. and Midwest Engine Incorporated DIGEBT: 1. Where it is clear from protester's submissions that protest is without legal merit, GAO will decide matter on basis of theca submissions without obtaining agency report. Primary responsibility for interpret- ing and administering the Service Contract Act (SCA) is Vested in Department of Labor (DOL) and DOL's determination as to those contracts to which the SCA will be applied and the manner in which it will be applied is not objectionable unless so unreason- able as to be clearly contrary to law. 3. Application.of SCA to proposed contract for maintenance,.repair and overhaul of heavy c6nstruction, material handling, ground powered industrial and vehicular equipment, gasoline and diesel ehgines and related items, and designation of certain work as subject to dual SCA/ Walsh-Bealey Act coverage is not clearly contrary to law. 4. DOL's policy of basing wage determina- tions issued pursuant to SCA on wide geographic area within jurisdiction of procuring activity, when place of per- formance is nbt known prior to receipt of bids, although questionable, is not clearly contrary to law. 5. Descriptions of classes of employees contained in DOL wage rate determina- tions are sufficiently definite to be meaningful.