Allegation That Subcontract Was Awarded Contractor on Debarred List

A Representative requested a legal opinion on behalf of a constituent as to whether contractors debarred under the Davis-Bacon Act can legally be awarded subcontracts during the period of their debarment. Although there is a law concerning service contracts that applies to another federal agency which contains a clause prohibiting debarred firms or persons from being awarded a subcontract, the Davis-Bacon Act does not contain such a clause. Since the act does not mention subcontracts, and ordinarily there is no privity between the government and the subcontractor, the subcontract award did not apppear to be legally objectionable.