B-196225 OM, DEC 13, 1979
Highlights
PRECIS-UNAVAILABLE COMPTROLLER GENERAL: WE ARE FORWARDING THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS-BACON ACT. DETAILS OF THE VIOLATIONS AND ADMINISTRATIVE RECOMMENDATIONS CONCERNING DEBARMENT ARE CONTAINED IN THE ATTACHED INVESTIGATIVE REPORT AND DEPARTMENT OF LABOR TRANSMITTAL LETTER. 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 CONSIDERATION AND INSTRUCTIONS. ROUSSELOT ARE INTERESTED IN THIS CASE. NO CONSIDERATION IS BEING GIVEN TO THAT ASPECT AT THIS TIME. WE HAVE NO REASON TO QUESTION THE COMPUTATION OF UNDERPAYMENTS. SINCE THE BENEFITS WERE SUFFICIENT TO OVERCOME THE SUBSTANDARD WAGES PAID.
B-196225 OM, DEC 13, 1979
PRECIS-UNAVAILABLE
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 SANFORD ENTERPRISES, INC., PERFORMING WORK UNDER DEPARTMENT OF THE ARMY, CONTRACT NO. DACA84 76-C- 0045 AT ALIAMANU FAMILY HOUSING PROJECT, OAHU, HAWAII.
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 $116,219.91 ON DEPOSIT HERE TO THE 56 AGGRIEVED WORKERS IN ACCORDANCE WITH ESTABLISHED PROCEDURES. 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 CONSIDERATION AND INSTRUCTIONS.
FOR FURTHER INFORMATION, PLEASE CONTACT MS. MARCIA BROWN ON EXTENSION 53218.
SENATOR HOWARD METZENBAUM AND CONGRESSMEN CECIL HEFTEL AND JOHN H. ROUSSELOT ARE INTERESTED IN THIS CASE.
INDORSEMENT
DIRECTOR, CLAIMS DIVISION
RETURNED. SINCE THE DEPARTMENT OF LABOR HAS NOT COMPLETED ITS INVESTIGATION FOR DEBARMENT PURPOSES, NO CONSIDERATION IS BEING GIVEN TO THAT ASPECT AT THIS TIME.
WITH THE EXCEPTION OF THE RECOMMENDED ADJUSTMENT FOR CARL KILLION, WE HAVE NO REASON TO QUESTION THE COMPUTATION OF UNDERPAYMENTS. ACCORDING TO THE ARMY RESIDENT ENGINEER, CARL KILLION RECEIVED PER DIEM OF $150 PER WEEK FOR THE FIRST MONTH HE WORKED AND $75 PER WEEK THEREAFTER AND ALSO HAD THE USE OF A COMPANY CAR AND GASOLINE ALL OF WHICH "MORE THAN COMPENSATED FOR HIS BELOW MINIMUM WAGE PAYMENTS." SINCE THE BENEFITS WERE SUFFICIENT TO OVERCOME THE SUBSTANDARD WAGES PAID, NO ADJUSTMENT OF CARL KILLION'S WAGES SHOULD BE MADE. B-187768 O.M., APRIL 13, 1977; B-155004-O.M., OCTOBER 13, 1964, AND B-151397 O.M., MAY 28, 1963. THE REST OF THE EMPLOYEES SHOULD BE REIMBURSED FROM THE FUNDS ON DEPOSIT WITH YOUR OFFICE IN ACCORDANCE WITH ESTABLISHED PROCEDURES.