B-191911 OM, MAY 7, 1981

B-191911 OM, MAY 7, 1981

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 JOHN M. MURRAY, JR., CONSTRUCTION COMPANY WHICH PERFORMED WORK UNDER CORPS OF ENGINEERS CONTRACT NO. DACA21- 75-C-0151 AT USAR CENTER, DOBBINS AFB, GEORGIA.

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 TO THE 3 UNDERPAID EMPLOYEES THE $2,607.02 ON DEPOSIT. 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 MR. KEN SCHUTT ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE EVIDENCE OF RECORD IS SUFFICIENT TO ESTABLISH THAT THE WORKERS IN QUESTION WERE UNDERPAID. HOWEVER, WE DO NOT BELIEVE THAT UNDER THE PRESENT CIRCUMSTANCES DEBARMENT SANCTIONS SHOULD BE IMPOSED AGAINST THE CONTRACTOR, JOHN M. MURRAY, JR., CONSTRUCTION COMPANY. ASIDE FROM THE FACT THAT THE AMOUNT OF THE UNDERPAYMENTS, $2,607.02, IS RELATIVELY SMALL WHEN COMPARED TO THE AMOUNT OF THE CONTRACT, $1,352,272, WE NOTE THAT IT HAS BEEN ALMOST 4 YEARS SINCE THE VIOLATIONS OCCURRED, A PERIOD WHICH WOULD BE FURTHER LENGTHENED SHOULD WE DECIDE TO DEBAR THE CONTRACTOR SINCE THE CONTRACTOR WOULD HAVE TO BE ACCORDED DUE PROCESS WHICH WOULD ENTAIL NOTICE AND SOME SORT OF HEARING. SEE B-191911-O.M., JUNE 7, 1978. THE DEPARTMENT OF LABOR DOES NOT RECOMMEND DEBARMENT.

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