B-201218.OM, JAN 19, 1981

B-201218.OM: Jan 19, 1981

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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 DEBARED BIDDERS LIST FOR VIOLATIONS UNDER THE DAVIS-BACON ACT ARE FORWARDED FOR YOUR CONSIDERATION AND INSTRUCTIONS. SINCE THERE ARE NO CERTIFIED PAYROLLS. WE MUST CONCLUDE ALSO THAT THE EVIDENCE OF RECORD IS INSUFFICIENT TO PROVIDE A BASIS FOR THE IMPOSITION OF DEBARMENT. DIGEST SETTLEMENT OF WAGES ON BASIS OF AGREEMENT BETWEEN CONTRACTOR AND DEPARTMENT OF LABOR CONCERNING AMOUNT OWED SUBCONTRACTOR'S UNDERPAID WORKERS IS APPROVED.

B-201218.OM, JAN 19, 1981

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 METAL-TECH SYSTEMS, INC. WHICH PERFORMED WORK UNDER THE VETERANS ADMINISTRATION CONTRACT NO. V101C-237 AT VETERANS ADMINISTRATION MEDICAL CENTER, GAINESVILLE, FLORIDA.

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 $6,600.00 ON DEPOSIT HERE IN ACCORDANCE WITH THE ADMINISTRATIVE LAW JUDGE'S DECISION. OUR PROPOSAL AND THE MATTER OF WHETHER THE CONTRACTOR'S NAME SHOULD BE PLACED ON THE DEBARED 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, AFMD-CLAIMS GROUP

RETURNED. WE FIND NOTHING IN THE LIMITED RECORD WHICH WOULD LEAD US TO OBJECT TO THE SETTLEMENT AGREEMENT BETWEEN THE CONTRACTOR AND THE DEPARTMENT OF LABOR FOR THE SUBCONTRACTOR'S WAGE UNDERPAYMENTS. ACCORDINGLY, THE $5,000 AGREED UPON BY THE PARTIES AS THE AMOUNT TO BE PAID THE WORKERS SHOULD BE DISBURSED IN ACCORDANCE WITH THE AGREEMENT AND THE BALANCE OF THE FUNDS ON DEPOSIT WITH YOUR OFFICE SHOULD BE RETURNED TO THE CONTRACTOR. SEE B-185875-O.M., MARCH 16, 1976, AND B-196546-O.M., DECEMBER 11, 1979.

THE DEPARTMENT OF LABOR DOES NOT RECOMMEND IMPOSITION OF DEBARMENT SANCTIONS. FURTHER, SINCE THERE ARE NO CERTIFIED PAYROLLS, COMPANY RECORDS, EMPLOYEES STATEMENTS OR INSPECTION REPORTS, WE MUST CONCLUDE ALSO THAT THE EVIDENCE OF RECORD IS INSUFFICIENT TO PROVIDE A BASIS FOR THE IMPOSITION OF DEBARMENT. B-196546-O.M., DECEMBER 11, 1979.

DIGEST

SETTLEMENT OF WAGES ON BASIS OF AGREEMENT BETWEEN CONTRACTOR AND DEPARTMENT OF LABOR CONCERNING AMOUNT OWED SUBCONTRACTOR'S UNDERPAID WORKERS IS APPROVED, SINCE THERE IS NOTHING IN LIMITED RECORD WHICH PROVIDES BASIS FOR OBJECTION. SINCE THERE ARE NO CERTIFIED PAYROLLS, COMPANY RECORDS, EMPLOYEES STATEMENTS OR INSPECTION REPORTS, EVIDENCE OF RECORD IS INSUFFICIENT TO PROVIDE BASES FOR IMPOSITION OF DEBARMENT.