B-195040.OM, SEP 3, 1981

B-195040.OM: Sep 3, 1981

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DIGEST: WHERE SUBCONTRACTOR HIRED ONE REGISTERED APPRENTICE IN EXCESS OF NUMBER PERMITTED BY APPRENTICESHIP PROGRAM RATIO AND THERE IS NO EVIDENCE THAT EXTRA APPRENTICE PERFORMED WORK OF JOURNEYMAN OR POSSESSED SKILLS OF JOURNEYMAN. THE 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.

B-195040.OM, SEP 3, 1981

DIGEST: WHERE SUBCONTRACTOR HIRED ONE REGISTERED APPRENTICE IN EXCESS OF NUMBER PERMITTED BY APPRENTICESHIP PROGRAM RATIO AND THERE IS NO EVIDENCE THAT EXTRA APPRENTICE PERFORMED WORK OF JOURNEYMAN OR POSSESSED SKILLS OF JOURNEYMAN, FUNDS WITHHELD FROM CONTRACTOR TO PAY LAST HIRED APPRENTICE AS JOURNEYMAN SHOULD BE RETURNED TO CONTRACTOR. DEBARMENT OF EITHER CONTRACTOR OR SUBCONTRACTOR WOULD NOT BE JUSTIFIED SINCE RECORD DOES NOT ESTABLISH WILLFUL DISREGARD OF OBLIGATIONS TO WORKERS.

THE COMPTROLLER GENERAL:

WE ARE FORWARDING THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS-BACON ACT, 40 U.S.C. 276A, BY MAIN POWER AND ELECTRIC WIRING CORP., YONKERS, NEW YORK, WHICH PERFORMED WORK UNDER GENERAL SERVICES ADMINISTRATION CONTRACT NO. GS-02B-17008 AT U. S. COURTHOUSE, NEW YORK, NEW YORK.

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 $989.52 ON DEPOSIT HERE TO THE ONE AGGRIEVED WORKER 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 MYRON COLBREUNER ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE ALLEGED UNDERPAYMENT WAS BASED ON THE GENERAL SERVICES ADMINISTRATION'S (GSA) CONCLUSION THAT THE SUBCONTRACTOR, MAIN POWER AND ELECTRIC WIRING CORP. (MAIN POWER), HAD USED TWO REGISTERED APPRENTICES INSTEAD OF THE ONE ALLOWED BY THE APPRENTICESHIP TRAINING PROGRAM RATIO OF APPRENTICES TO JOURNEYMEN DURING PERFORMANCE ON CONTRACT NO. GS-02B- 17008. BOTH APPRENTICES RECEIVED THE PROPER APPRENTICE WAGE RATE. THE LAST HIRED WORKER FOR WHOM THE FUNDS WERE WITHHELD HAD ONLY BEEN A REGISTERED APPRENTICE FOR ABOUT 9 MONTHS AND THERE IS NO EVIDENCE TO INDICATE HE PERFORMED AS A JOURNEYMAN OR POSSESSED JOURNEYMAN SKILLS.

WHERE A SUBCONTRACTOR USES TOO MANY REGISTERED APPRENTICES AND THERE IS NO EVIDENCE TO INDICATE THAT THE EXTRA APPRENTICES PERFORMED THE WORK OF A JOURNEYMAN OR POSSESSED JOURNEYMAN SKILLS, WE HAVE HELD THAT THE FUNDS WITHHELD FROM THE CONTRACTOR TO PAY THE LAST HIRED APPRENTICES AS JOURNEYMEN SHOULD BE RETURNED TO THE CONTRACTOR. B-192666-O.M., OCTOBER 10, 1978; B-195742-O.M., NOVEMBER 27, 1979.

FURTHER, THE RECORD DOES NOT ESTABLISH A WILLFUL DISREGARD OF OBLIGATIONS TO WORKERS AND, THEREFORE, DEBARMENT OF EITHER THE CONTRACTOR OR SUBCONTRACTOR WOULD NOT BE JUSTIFIED.