B-200299.3,L/M, APR 5, 1982, OFFICE OF GENERAL COUNSEL

B-200299.3,L/M: Apr 5, 1982

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DIGEST: RESPONSIBILITY OF GAO UNDER SECTION 3 OF THE DAVIS-BACON ACT IS TO MAKE DISBURSEMENTS TO UNDERPAID EMPLOYEES FROM MONIES WITHHELD FROM THEIR EMPLOYER'S CONTRACT EARNINGS BY THE CONTRACTING OFFICER UNDER THE GOVERNMENT CONTRACT IN WHICH THE UNDERPAYMENTS OCCURRED. WHERE NO WITHHOLDINGS ARE AVAILABLE FOR DISBURSEMENT BY GAO. THERE IS NO BASIS FOR INVESTIGATION OF CLAIM OF ALLEGED DAVIS-BACON WAGE UNDERPAYMENTS. IS TO MAKE DISBURSEMENTS TO UNDERPAID EMPLOYEES FROM MONIES WITHHELD FROM THEIR EMPLOYER'S CONTRACT EARNINGS BY THE CONTRACTING OFFICER UNDER THE GOVERNMENT CONTRACT IN WHICH THE UNDERPAYMENTS OCCURRED. THE FITZSIMONS ARMY MEDICAL CENTER (FAMC) CONTRACT IS THE ONLY CONTRACT UNDER WHICH MONIES WERE WITHHELD BY THE CONTRACTING OFFICER FOR THE SETTLEMENT OF WAGE UNDERPAYMENTS.

B-200299.3,L/M, APR 5, 1982, OFFICE OF GENERAL COUNSEL

DIGEST: RESPONSIBILITY OF GAO UNDER SECTION 3 OF THE DAVIS-BACON ACT IS TO MAKE DISBURSEMENTS TO UNDERPAID EMPLOYEES FROM MONIES WITHHELD FROM THEIR EMPLOYER'S CONTRACT EARNINGS BY THE CONTRACTING OFFICER UNDER THE GOVERNMENT CONTRACT IN WHICH THE UNDERPAYMENTS OCCURRED. THUS, WHERE NO WITHHOLDINGS ARE AVAILABLE FOR DISBURSEMENT BY GAO, THERE IS NO BASIS FOR INVESTIGATION OF CLAIM OF ALLEGED DAVIS-BACON WAGE UNDERPAYMENTS.

WILLIAM L. ARMSTRONG, UNITED STATES SENATOR:

WE REFER TO YOUR LETTER OF MARCH 2, 1982, CONCERNING A REQUEST BY MR. DON RAVENHILL THAT OUR OFFICE CONDUCT AN INVESTIGATION INTO THE ALLEGED DAVIS- BACON WAGE UNDERPAYMENTS TO HIM BY CROSBY CONSTRUCTION CO. UNDER SEVERAL CONTRACTS.

OUR RESPONSIBILITY UNDER SECTION 3 OF THE DAVIS-BACON ACT, 40 U.S.C. SEC. 276A-2 (1976), IS TO MAKE DISBURSEMENTS TO UNDERPAID EMPLOYEES FROM MONIES WITHHELD FROM THEIR EMPLOYER'S CONTRACT EARNINGS BY THE CONTRACTING OFFICER UNDER THE GOVERNMENT CONTRACT IN WHICH THE UNDERPAYMENTS OCCURRED. THE FITZSIMONS ARMY MEDICAL CENTER (FAMC) CONTRACT IS THE ONLY CONTRACT UNDER WHICH MONIES WERE WITHHELD BY THE CONTRACTING OFFICER FOR THE SETTLEMENT OF WAGE UNDERPAYMENTS.

WE FOUND IN OUR DECISION B-200299.2 OF OCTOBER 9, 1981, CROSBY CONSTRUCTION CO. - RECONSIDERATION, A COPY OF WHICH WAS PREVIOUSLY FURNISHED TO YOU, THAT THERE WAS A BALANCE OF $525.20 OWING MR. RAVENHILL FROM THE CONTRACT WITHHOLDINGS ON DEPOSIT WITH OUR OFFICE FROM THE FAMC CONTRACT. SUBSEQUENTLY, THE $525.20 BALANCE WAS DISBURSED TO MR. RAVENHILL. THERE ARE NO FURTHER FAMC CONTRACT WITHHOLDINGS AVAILABLE FOR DISBURSEMENT BY OUR OFFICE. THUS, THERE IS NO BASIS FOR ANY FURTHER ACTION BY US. IF MR. RAVENHILL STILL BELIEVES THAT HE HAS NOT BEEN ADEQUATELY COMPENSATED FOR HIS LABOR, THAT IS NOW A MATTER BETWEEN HIM AND HIS EMPLOYER.

THE ENCLOSURES THAT ACCOMPANIED YOUR LETTER ARE RETURNED AS REQUESTED.