Northeast Military Sales, Inc.; Fevata's Bakery, Inc.; Tony's Fine Foods; Military and Deli Bakery Services, Inc.; and Special Markets, Inc., B-291384, November 20, 2002

B-291384: Nov 20, 2002

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DIGEST Protest challenging the application of the Service Contract Act to a procurement for delicatessen and bakery operations at military commissaries is dismissed. Contending that to the extent that DeCA or the Department of Labor (DOL) has determined that the principal purpose of this procurement is to furnish services. Such a determination is clearly contrary to law. Deli/bakery operations at these locations were previously provided under a contract awarded in 1996 and were subject to an SCA wage determination issued by DOL. This clause provides that the contract is subject to the SCA and that each service employee employed in the performance of the contract must be paid not less than the minimum wages and fringe benefits determined by DOL in an attached wage determination.

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