B-207904.OM., NOV 22, 1982

B-207904.OM., NOV 22, 1982

PRECIS-UNAVAILABLE

THE COMPTROLLER GENERAL:

WE ARE FORWARDING THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS-BACON ACT, 40 U.S.C. 276A, AND THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 327 ET SEQ., BY MARK KAVADAS CONTRACTING CO., WHICH PERFORMED WORK UNDER DEPARTMENT OF THE AIR FORCE CONTRACT NO. F20613 -80-C0002 AT K. I. SAWYER AFB, MICHIGAN.

DETAILS OF THE VIOLATIONS AND ADMINISTRATIVE RECOMMENDATIONS CONCERNING DEBARMENT ARE CONTAINED IN THE ATTACHED INVESTIGATIVE REPORT AND DEPARTMENT OF LABOR TRANSMITTAL LETTER.

WE PROPOSE, WITH YOUR APPROVAL, TO DISBURSE THE $1,550.36 ON DEPOSIT HERE TO THE UNDERPAID EMPLOYEES. OUR PROPOSAL AND THE MATTER OF WHETHER THE CONTRACTOR'S NAME SHOULD BE PLACED ON THE DEBARRED BIDDERS LIST FOR VIOLATIONS UNDER THE DAVIS-BACON ACT ARE FORWARDED FOR YOUR CONSIDERATIONS AND INSTRUCTIONS.

FOR FURTHER INFORMATION, PLEASE CONTACT MS. PAT BUNDY ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE TWO EMPLOYEES IN QUESTION WERE UNDERPAID; HOWEVER, WE DO NOT BELIEVE THAT DEBARMENT IS WARRANTED SINCE THE EVIDENCE OF RECORD IS INSUFFICIENT TO SUPPORT THE MORE SERIOUS ACTION OF DEBARMENT. IN LIGHT OF THE RELATIVELY SMALL AMOUNT OF THE UNDERPAYMENTS WE DO NOT BELIEVE THAT THE DELAY IN PAYMENT OF THE TWO EMPLOYEES, WHICH WOULD RESULT FROM A REQUEST FOR ADDITIONAL EVIDENCE FROM THE DEPARTMENTS OF LABOR AND AIR FORCE AND ANY SUBSEQUENT DEBARMENT PROCEEDINGS, WOULD BE JUSTIFIED. SEE B-192824-O.M., NOVEMBER 29, 1978, AND B-19246-O.M., JUNE 11, 1979. NEITHER THE DEPARTMENT OF LABOR NOR THE DEPARTMENT OF THE AIR FORCE RECOMMENDED DEBARMENT.

THE FUNDS ON DEPOSIT WITH YOUR OFFICE SHOULD BE DISBURSED TO THE TWO AGGRIEVED EMPLOYEES IN ACCORDANCE WITH ESTABLISHED PROCEDURES.