B-203309.OM, AUG 28, 1981

B-203309.OM: Aug 28, 1981

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PRECIS-UNAVAILABLE THE 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. IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE SECOND-TIER SUBCONTRACTOR EMPLOYEE IN QUESTION WAS UNDERPAID THE AMOUNT DETERMINED TO BE DUE HIM. THERE IS NO EVIDENCE TO INDICATE THAT THE TWO CONTRACTORS OR THE FIRST-TIER SUBCONTRACTOR WILLFULLY PARTICIPATED IN OR CONTRIBUTED TO THE UNDERPAYMENT OF THE EMPLOYEE WITHIN THE INTENT OF THE DAVIS BACON ACT.

B-203309.OM, AUG 28, 1981

PRECIS-UNAVAILABLE

THE COMPTROLLER GENERAL:

WE ARE FORWARDING 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 READY AND ABLE TO SUPPLY CO., INC., AUGUSTA, GEORGIA, WHICH PERFORMED WORK UNDER ARMY CORPS OF ENGINEERS CONTRACT NOS. DACA21-76-C-0148 AND DACA21-76-C-0159 AT FORT BENNING, GEORGIA.

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 $1,856.00 ON DEPOSIT HERE TO THE ONE AGGRIEVED WORKER 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 MYRON COLBREUNER ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE RECORD, TAKEN AS A WHOLE, IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE SECOND-TIER SUBCONTRACTOR EMPLOYEE IN QUESTION WAS UNDERPAID THE AMOUNT DETERMINED TO BE DUE HIM; HOWEVER, WE CONCUR WITH THE DEPARTMENT OF LABOR THAT DEBARMENT SANCTIONS SHOULD NOT BE IMPOSED. THERE IS NO EVIDENCE TO INDICATE THAT THE TWO CONTRACTORS OR THE FIRST-TIER SUBCONTRACTOR WILLFULLY PARTICIPATED IN OR CONTRIBUTED TO THE UNDERPAYMENT OF THE EMPLOYEE WITHIN THE INTENT OF THE DAVIS BACON ACT. SEE B-200301- O.M., B-200302-O.M., OCTOBER 17, 1980. THE UNDERPAYMENT WAS MADE BY THE SECOND-TIER SUBCONTRACTOR. IT HAS BEEN IN EXCESS OF 3 YEARS SINCE THE VIOLATION OCCURRED. IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME, DUE PROCESS WOULD HAVE TO BE ACCORDED THE SECOND-TIER SUBCONTRACTOR. DUE PROCESS IN THIS CASE WOULD REQUIRE, AT THE MINIMUM, NOTICE AND SOME TYPE OF HEARING WHICH WOULD ENTAIL FURTHER DELAYS. SEE, B-200299-O.M., OCTOBER 7, 1980; B-191911 O.M., JULY 7, 1978.

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