B-200299.OM, OCT 7, 1980

B-200299.OM: Oct 7, 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 CONSIDERATION AND INSTRUCTIONS. THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE WORKER IN QUESTION WAS UNDERPAID. IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME. THE CONTRACTOR WOULD HAVE TO BE ACCORDED DUE PROCESS.

B-200299.OM, OCT 7, 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, BY CROSBY CONSTRUCTION CO. WHICH PERFORMED WORK UNDER DEPARTMENT OF THE ARMY, CONTRACT NO. DADA03-78-C 0065 AT FITZSIMONS ARMY MEDICAL CENTER, AURORA, COLORADO.

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 $626.28 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 SUPPORT THE CONCLUSION THAT THE WORKER IN QUESTION WAS UNDERPAID. REGARDING THE QUESTION OF WHETHER THE CONTRACTOR, CROSBY CONSTRUCTION CO., SHOULD BE DEBARRED, WE CONCUR WITH THE DEPARTMENT OF LABOR'S (DOL) VIEW THAT DEBARMENT SANCTIONS SHOULD NOT BE IMPOSED. DOL DID NOT INITIATE DEBARMENT PROCEEDINGS. IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME, THE CONTRACTOR WOULD HAVE TO BE ACCORDED DUE PROCESS. DUE PROCESS IN THIS CASE WOULD ENTAIL, AT THE MINIMUM, NOTICE AND SOME TYPE OF HEARING WHICH WOULD FURTHER DELAY PAYMENT OF THE WORKER. SEE B-199259-O.M., AUGUST 8, 1980.

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