B-205743.OM, MAR 2, 1982

B-205743.OM: Mar 2, 1982

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DIGEST: WHILE THE EVIDENCE OF RECORD IS INSUFFICIENT TO SUPPORT DEBARMENT OF EITHER THE CONTRACTOR OR THE SUBCONTRACTOR. IS SUFFICIENT TO ESTABLISH THAT WORKERS WERE UNDERPAID. 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. 382.78 WHICH WE HAVE ON DEPOSIT TO THE FIVE AGGRIEVED WORKERS. 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 CONSIDERATIONS AND INSTRUCTIONS.

B-205743.OM, MAR 2, 1982

DIGEST: WHILE THE EVIDENCE OF RECORD IS INSUFFICIENT TO SUPPORT DEBARMENT OF EITHER THE CONTRACTOR OR THE SUBCONTRACTOR, EVIDENCE OF RECORD, INCLUDING AUTHORIZATION BY CONTRACTOR FOR THE NAVY TO WITHHOLD AN AMOUNT FROM MONIES OWED UNDER THE CONTRACT SUFFICIENT TO REIMBURSE THE FIVE WORKERS UNDERPAID BY THE SUBCONTRACTOR, IS SUFFICIENT TO ESTABLISH THAT WORKERS WERE UNDERPAID.

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 BEST CARPET SERVICE, PRIME CONTRACTOR, AND BRUMFIELD & SONS CARPETS, SUBCONTRACTOR, WHICH PERFORMED WORK UNDER DEPARTMENT OF THE NAVY, CONTRACT NO. N62467-79-C 7248 AT THE NAVAL SUPPORT ACTIVITY, NEW ORLEANS, LOUISIANA.

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 $2,382.78 WHICH WE HAVE ON DEPOSIT TO THE FIVE 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 CONSIDERATIONS AND INSTRUCTIONS.

FOR FURTHER INFORMATION, PLEASE CONTACT LAWRENCE M. BOBIER ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE EVIDENCE OF RECORD DOES NOT SHOW A WILLFUL INTENT TO VIOLATE THE DAVIS-BACON ACT AND, THEREFORE, IS NOT SUFFICIENT TO SUPPORT DEBARMENT OF EITHER THE CONTRACTOR, BEST CARPET SERVICE, OR THE SUBCONTRACTOR, BRUMFIELD & SONS CARPETS. HOWEVER, THE CONTRACTOR AUTHORIZED THE DEPARTMENT OF THE NAVY TO WITHHOLD $2,382.78 FROM MONIES OWED HIM UNDER THE CONTRACT FOR THE PURPOSE OF REIMBURSING THE FIVE WORKERS UNDERPAID BY THE SUBCONTRACTOR. WE ARE OF THE VIEW THAT THIS AUTHORIZATION, COUPLED WITH THE EVIDENCE OF RECORD, IS SUFFICIENT TO SUPPORT A CONCLUSION THAT THE FIVE WORKERS WERE, IN FACT, UNDERPAID.

THE $2,382.78 ON DEPOSIT WITH YOUR OFFICE SHOULD BE DISBURSED TO THE AGGRIEVED WORKERS IN ACCORDANCE WITH ESTABLISHED PROCEDURES.

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