Inclusion of Names to Debarred Bidders List

B-206031: Jul 13, 1982

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The awardee of a Navy contract for repairs to a drainage trench violated the Davis-Bacon Act. It had full knowledge of its statutory and contractual responsibilities, but disregarded its obligation to pay wages to five persons and partially paid wages to a sixth person. The record indicated that the contractor did not make restitution and no funds were withheld to cover the underpayments. The record also revealed that the certified payrolls submitted to the contracting agency reflected the payment of wages to these employees, when in fact they were not paid any compensation. It was clear that good faith was not shown in complying with the Act and the contract. The Department of Labor recommended debarment. GAO held that the awardee and the president of the awardee company, individually, violated the Davis-Bacon Act. Accordingly, these names will be included on a list for distribution to all agencies of the Government pursuant to the statutory requirements, and no contract shall be awarded to them or to any firm, corporation, partnership, joint venture or association in which they or either or them have an interest until 3 years have elapsed from the date of publication of such list.