B-199259.OM, AUG 18, 1980

B-199259.OM: Aug 18, 1980

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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 CONSIDERATIONS AND INSTRUCTIONS. WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO ESTABLISH THAT THE WORKERS WERE. IS WARRANTED. IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME. THE SUBCONTRACTOR WOULD HAVE TO BE ACCORDED DUE PROCESS.

B-199259.OM, AUG 18, 1980

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 ELLIS USHER LANDSCAPING WHICH PERFORMED WORK UNDER DEPARTMENT OF THE NAVY, CONTRACT NO. N62472 72-C-0298 AT NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS.

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 $5,705.10 ON DEPOSIT HER TO THE 15 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 CONSIDERATIONS AND INSTRUCTIONS.

FOR FURTHER INFORMATION, PLEASE CONTACT GLENN WOLCOTT ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, FGMS DIVISION-CLAIMS GROUP

RETURNED. WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO ESTABLISH THAT THE WORKERS WERE, IN FACT, UNDERPAID, WE DO NOT BELIEVE THAT UNDER THE PRESENT CIRCUMSTANCES DEBARMENT OF THE SUBCONTRACTOR, ELLIS USHER LANDSCAPING COMPANY, IS WARRANTED. WE RECOGNIZE THAT THE SUBCONTRACTOR'S REFUSAL, AFTER THE DISAPPROVAL OF ITS REQUEST FOR A NEW CLASSIFICATION, TO PAY ITS WORKERS THE HIGHER "LABORERS" RATE PROVIDED IN THE WAGE DETERMINATION MIGHT BE CONSIDERED A BASIS FOR DEBARMENT. HOWEVER, IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME, THE SUBCONTRACTOR WOULD HAVE TO BE ACCORDED DUE PROCESS. DUE PROCESS IN THIS CASE WOULD ENTAIL, AT THE MINIMUM, NOTICE AND SOME TYPE OF HEARING. THEREFORE, SINCE IT ALREADY HAS BEEN IN EXCESS OF 3 YEARS SINCE THE VIOLATIONS OCCURRED AND ANY FURTHER ADMINISTRATIVE PROCEEDING WOULD FURTHER DELAY PAYMENT OF THE WORKERS, WE ARE OF THE VIEW THAT DEBARMENT SANCTIONS SHOULD NOT BE IMPOSED. B-196698-O.M., FEBRUARY 1, 1980. DEBARMENT WAS NOT RECOMMENDED BY EITHER THE DEPARTMENT OF THE NAVY OR THE DEPARTMENT OF LABOR.

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