Reconsideration of Debarment of Contractor for Violation of the Davis-Bacon Act

A contractor requested reconsideration of an April 17, 1978, debarment for violation of the Davis-Bacon Act. Under the terms of a 1974 contract to paint apartment buildings at a Marine Corps Base in Quantico, Virginia, the contractor was to furnish the contracting agency a certified copy of the firm's payrolls, as well as certification that the payrolls were correct and that the wage rates were not less than those contained in the wage determination. Subsequently, three employees complained that they had received no wages for work they had performed, and the contractor submitted uncertified payrolls for the purpose of concealing the underpayments. In order to cover the underpayments, the contracting agency withheld monies owed the contractor. The contractor was given an opportunity to rebut the allegations that he had violated the labor standards, but he did not request a hearing, submit facts in rebuttal, or present arguments against a debarment action. The contractor contended that he was debarred because of falsification of official Government documents, even though he had not personally signed the documents. This did not change the fact that uncertified payrolls concealed underpayments, thus indicating a willful intent to underpay employees in violation of the statutory requirement. The contractor's request to be removed from the debarred bidders' list was denied.