B-197283.OM, MAY 5, 1980

B-197283.OM, MAY 5, 1980

PRECIS-UNAVAILABLE

COMPTROLLER GENERAL:

HERE IS THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS BACON ACT, 40 U.S.C. 276A, BY ADAMS TREE SERVICE, INC., SUBCONTRACTOR TO HEATHMAN CONSTRUCTION CO., INC. PERFORMING WORK UNDER DEPARTMENT OF ARMY CONTRACT NO. DACAO9-72-C-0011 AT FORT HUACHUCA, ARIZONA.

DETAILS OF THE VIOLATIONS AND ADMINISTRATIVE RECOMMENDATIONS CONCERNING DEBARMENT ARE CONTAINED IN THE ATTACHED INVESTIGATIVE REPORT AND DEPARTMENT OF LABOR TRANSMITTAL LETTER. WHILE THE FILE CONTAINS A SUMMARY OF THE AMOUNTS DUE THE UNDERPAID WORKERS, IT DOES NOT CONTAIN THE COMPUTATIONS OF THOSE AMOUNTS DUE. HOWEVER, THE COMPUTATIONS HAVE BEEN REQUESTED IN ORDER THAT WE MAY VERIFY THE AMOUNTS FOUND DUE, AND WILL BE FORWARDED UPON RECEIPT.

WE PROPOSE, WITH YOUR APPROVAL, TO DISBURSE THE $1,598.21 ON DEPOSIT HERE TO THE 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.

INDORSEMENT

ASSOCIATE DIRECTOR, FGMS DIVISION - CLAIMS GROUP

RETURNED. THE EVIDENCE OF RECORD IS SUFFICIENT TO ESTABLISH THAT THE EMPLOYEES IN QUESTION WERE UNDERPAID. HOWEVER, WE DO NOT BELIEVE THAT DEBARMENT IS WARRANTED. WE NOTE THAT IT HAS BEEN APPROXIMATELY 7 YEARS SINCE THE VIOLATIONS OCCURRED AND APPROXIMATELY HALF OF THIS DELAY (JULY 13, 1976-NOVEMBER 5, 1979) APPARENTLY RESULTED FROM THE RETENTION OF THE INVESTIGATION FILE BY THE DEPARTMENT OF LABOR. MOREOVER, IN ORDER TO ACCORD THE SUBCONTRACTOR DUE PROCESS THERE WOULD BE AN ADDITIONAL DELAY SHOULD WE INSTITUTE DEBARMENT PROCEEDING AT THIS TIME.

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