B-200455.OM, OCT 24, 1980

B-200455.OM: Oct 24, 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. WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE WORKERS IN QUESTION WERE. IS NOT WARRANTED. THE CERTIFIED PAYROLLS SHOWED THE CLASSIFICATION USED AND THE SUBCONTRACTOR HAS INDICATED THAT THE CLASSIFICATION WAS BASED UPON AN ABSENCE OF KNOWLEDGE THAT THE PERSONS HIRED AS LABORERS WERE WORKING WITH JOURNEYMEN'S TOOLS.

B-200455.OM, OCT 24, 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 IVEY'S PLUMBING AND ELECTRICAL CO., INC. WHICH PERFORMED WORK UNDER GENERAL SERVICES ADMINISTRATION, CONTRACT NO. CS-03-B-16144 AT U.S. POST OFFICE AND COURTHOUSE, RICHMOND, VIRGINA.

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 $1,842.87 ON DEPOSIT HERE ON A PRO RATA BASIS, TO THE 3 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. WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE WORKERS IN QUESTION WERE, IN FACT, UNDERPAID, DEBARMENT OF THE SUBCONTRACTOR, IVEY'S PLUMBING AND ELECTRICAL CO., INC., IS NOT WARRANTED. ALTHOUGH THE SUBCONTRACTOR MISCLASSIFIED SEVEN WORKERS AS LABORERS, THE CERTIFIED PAYROLLS SHOWED THE CLASSIFICATION USED AND THE SUBCONTRACTOR HAS INDICATED THAT THE CLASSIFICATION WAS BASED UPON AN ABSENCE OF KNOWLEDGE THAT THE PERSONS HIRED AS LABORERS WERE WORKING WITH JOURNEYMEN'S TOOLS. THUS, THE CLASSIFICATION WAS BASED UPON A BONA FIDE BELIEF THAT IT WAS PROPER AND THE UNDERPAYMENT WAS NOT OF SUCH A WILLFUL NATURE AS TO REQUIRE DEBARMENT. SEE B-193736 O.M., JUNE 19, 1979.

THE FUNDS ON DEPOSIT WITH YOUR OFFICE MAY BE DISBURSED ON A PRO RATA BASIS TO THE THREE AGGRIEVED WORKERS IN ACCORDANCE WITH ESTABLISHED PROCEDURES.