B-206036.OM, MAY 19, 1982

B-206036.OM: May 19, 1982

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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. THE SUBCONTRACTOR IS BANKRUPT AND THE PRIME CONTRACTOR DID NOT PARTICIPATE IN THE UNDERPAYMENTS.

B-206036.OM, MAY 19, 1982

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, BY GREAT WESTERN SOLAR CORPORATION, SAN DIEGO, CALIFORNIA, WHICH PERFORMED WORK UNDER DEPARTMENT OF THE NAVY CONTRACT NO. N62474-76-C-7178 AT MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.

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 $1,263.99 ON DEPOSIT HERE TO THE THREE 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 MYRON COLBREUNER ON EXTENTION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE PRIME CONTRACTOR ADMITTED THAT THE SUBCONTRACTOR UNDERPAID FRINGE BENEFITS TO SUBCONTRACTOR EMPLOYEES, CONCURRED IN THE AMOUNT DUE THE EMPLOYEES, MADE RESTITUTION TO THE EMPLOYEES THAT COULD BE LOCATED AND PROVIDED FUNDS TO SETTLE UNDERPAYMENTS OF THOSE WHO COULD NOT BE FOUND. THEREFORE, THE DISBURSEMENT SHOULD BE MADE ON THAT BASIS.

THE SUBCONTRACTOR IS BANKRUPT AND THE PRIME CONTRACTOR DID NOT PARTICIPATE IN THE UNDERPAYMENTS. ACCORDINGLY, WE CONCUR WITH THE DEPARTMENT OF LABOR AND THE CONTRACTING AGENCY THAT DEBARMENT SHOULD NOT BE IMPOSED. SEE B-184051-O.M., JUNE 24, 1975.