B-199700.OM, AUG 15, 1980

B-199700.OM: Aug 15, 1980

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PRECIS-UNAVAILABLE COMPTROLLER GENERAL: HERE IS 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. THE ALLEGED VIOLATIONS WERE THE RESULT OF THE CONTRACTOR. AN AGREEMENT WAS ENTERED INTO BETWEEN THE CONTRACTOR AND DOL THAT $2. THE VIOLATIONS IN THIS CASE WERE THE FAULT OF A NEW JOB FOREMAN WHOSE ACTIONS WERE PROMPTLY RENOUNCED BY TOP COMPANY MANAGEMENT UPON LEARNING OF THEM WITH AN OFFER TO MAKE RESTITUTION.

B-199700.OM, AUG 15, 1980

PRECIS-UNAVAILABLE

COMPTROLLER GENERAL:

HERE IS 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 C & L CONSTRUCTION CO., INC. WHICH PERFORMED WORK UNDER DEPARTMENT OF ARMY, CONTRACT NO. DAHA1777-C 0024 AT CAMP KEYS, AUGUSTA, MAINE.

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 $2,000.00 ON DEPOSIT HERE TO THE 8 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. ACCORDING TO THE RECORD, THE ALLEGED VIOLATIONS WERE THE RESULT OF THE CONTRACTOR, C&L CONSTRUCTION CO., INC., PAYING THE "LABORER" WAGE RATE TO EMPLOYEES WHO, AT LEAST PART OF THE TIME, PERFORMED WORK PROPERLY COVERED BY HIGHER PAYING CLASSIFICATIONS SUCH AS "CARPENTER" AND "IRON WORKER." THE CONTRACTOR DISPUTED THE DEPARTMENT OF LABOR'S (DOL) COMPUTATIONS CONCERNING THE PERCENTAGE OF TIME SPENT BY THE EMPLOYEES IN PERFORMANCE OF WORK COVERED BY THE HIGHER PAYING CLASSIFICATIONS. SUBSEQUENTLY, AN AGREEMENT WAS ENTERED INTO BETWEEN THE CONTRACTOR AND DOL THAT $2,000 SHOULD BE DISTRIBUTED TO EIGHT AGGRIEVED EMPLOYEES IN SETTLEMENT OF ALL WAGE CLAIMS. SETTLEMENT OF THE WAGE UNDERPAYMENTS SHOULD BE MADE ON THE BASIS OF THE STIPULATED AGREEMENT. B-193621-O.M., MARCH 7, 1979. ALSO, SEE B-196064-O.M., JANUARY 3, 1980, AND B-185875- O.M., MARCH 16, 1976.

THE VIOLATIONS IN THIS CASE WERE THE FAULT OF A NEW JOB FOREMAN WHOSE ACTIONS WERE PROMPTLY RENOUNCED BY TOP COMPANY MANAGEMENT UPON LEARNING OF THEM WITH AN OFFER TO MAKE RESTITUTION. THEREFORE, THERE WAS NOT A DELIBERATE INTENT BY THE CONTRACTOR OR ITS TOP MANAGEMENT TO UNDERPAY THE EMPLOYEES. THE CONTRACTING AGENCY HAS NOT RECOMMENDED DEBARMENT AND DOL HAS NOT INITIATED DEBARMENT PROCEDURES. IN THE CIRCUMSTANCES, DEBARMENT WILL NOT BE IMPOSED.