B-160402, SEPT. 17, 1968

B-160402: Sep 17, 1968

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TO NORMAN AND WEIHRAUCH: REFERENCE IS MADE TO YOUR LETTER OF JUNE 28. YOU FURTHER REQUEST THAT A HEARING BE GRANTED SO THAT THESE PARTIES MAY HAVE AN OPPORTUNITY TO DEMONSTRATE A CURRENT RESPONSIBILITY TO COMPLY WITH THE LABOR STANDARDS PROVISIONS REQUIRED BY THE DAVIS-BACON ACT. THE BASIS FOR THE DEBARMENT ACTION IN QUESTION IS SET OUT FULLY IN THE FINDING. A COPY OF WHICH WAS TRANSMITTED TO MR. SINCE THE CONTRACTOR WAS FOUND TO HAVE DISREGARDED ITS OBLIGATIONS TO EMPLOYEES IMPOSED BY THE DAVIS-BACON ACT. THE DEBARMENT WAS IMPOSED IN ACCORDANCE WITH SECTION 3 OF THAT ACT. WHICH REQUIRES THE COMPTROLLER GENERAL "TO DISTRIBUTE A LIST OF ALL DEPARTMENTS OF THE GOVERNMENT GIVING THE NAMES OF PERSONS OR FIRMS WHOM HE HAS FOUND TO HAVE DISREGARDED THEIR OBLIGATIONS TO EMPLOYEES.

B-160402, SEPT. 17, 1968

TO NORMAN AND WEIHRAUCH:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 28, 1968, REQUESTING THAT THE NAMES OF THE ABBOT PAINTING SERVICE, ITS SUCCESSOR FIRM, THE ABBOT BUILDING RESTORATION CO., INC., AND MR. HERBERT NORMAN, OWNER AND PRESIDENT-TREASURER, RESPECTIVELY, BE REMOVED FROM THE DEBARRED LIST AS VIOLATORS OF THE DAVIS-BACON ACT, 49 STAT. 1011, 40 U.S.C. 276A, IN CONNECTION WITH THE PERFORMANCE OF WORK UNDER CONTRACT NO. DA-19-035-A1 3745 AT FORT DEVENS, MASSACHUSETTS. YOU FURTHER REQUEST THAT A HEARING BE GRANTED SO THAT THESE PARTIES MAY HAVE AN OPPORTUNITY TO DEMONSTRATE A CURRENT RESPONSIBILITY TO COMPLY WITH THE LABOR STANDARDS PROVISIONS REQUIRED BY THE DAVIS-BACON ACT.

THE BASIS FOR THE DEBARMENT ACTION IN QUESTION IS SET OUT FULLY IN THE FINDING, DATED JANUARY 4, 1967, A COPY OF WHICH WAS TRANSMITTED TO MR. HERBERT NORMAN.

SINCE THE CONTRACTOR WAS FOUND TO HAVE DISREGARDED ITS OBLIGATIONS TO EMPLOYEES IMPOSED BY THE DAVIS-BACON ACT, THE DEBARMENT WAS IMPOSED IN ACCORDANCE WITH SECTION 3 OF THAT ACT, WHICH REQUIRES THE COMPTROLLER GENERAL "TO DISTRIBUTE A LIST OF ALL DEPARTMENTS OF THE GOVERNMENT GIVING THE NAMES OF PERSONS OR FIRMS WHOM HE HAS FOUND TO HAVE DISREGARDED THEIR OBLIGATIONS TO EMPLOYEES," AS IMPOSED BY THE PRECEDING PROVISIONS OF THE ACT. THE SAME SECTION THEN STATES: "NO CONTRACT SHALL BE AWARDED TO THE PERSONS OR FIRMS APPEARING ON THIS LIST * * * UNTIL THREE YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF THE LIST * * *.'

UNDER THESE PROVISIONS, OUR OFFICE HAS NO AUTHORITY OR DISCRETION WITH RESPECT TO THE DEBARMENT PERIOD WHICH FOLLOWS AUTOMATICALLY BY FORCE OF THE STATUTE UPON THE PUBLICATION OF OUR FINDING AND CANNOT BE VARIED OR WAIVED.