B-206177.OM, MAR 26, 1982
Highlights
IS SUFFICIENT TO ESTABLISH THAT WORKER WAS UNDERPAID. DEBARMENT IS NOT WARRANTED SINCE NOT ONLY IS EVIDENCE OF RECORD INSUFFICIENT TO ESTABLISH THAT VIOLATIONS WERE OF SUCH WILLFUL NATURE AS TO WARRANT DEBARMENT. 4 YEARS HAVE ELAPSED SINCE VIOLATIONS OCCURRED. IF DEBARMENT PROCEEDINGS WERE INITIATED. DUE PROCESS WOULD HAVE TO BE ACCORDED CONTRACTOR WHICH WOULD ENTAIL NOTICE AND HEARINGS WHICH WOULD FURTHER DELAY PAYMENT OF WORKER. 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.
B-206177.OM, MAR 26, 1982
DIGEST: CONTRACTOR'S ADMISSION THAT IT UNDERPAID WORKER AND ITS AUTHORIZATION OF PAYMENT OF WORKER FROM FUNDS WITHHELD FROM AMOUNT OWED CONTRACTOR UNDER CONTRACT, COUPLED WITH EVIDENCE OF RECORD, IS SUFFICIENT TO ESTABLISH THAT WORKER WAS UNDERPAID; HOWEVER, DEBARMENT IS NOT WARRANTED SINCE NOT ONLY IS EVIDENCE OF RECORD INSUFFICIENT TO ESTABLISH THAT VIOLATIONS WERE OF SUCH WILLFUL NATURE AS TO WARRANT DEBARMENT, BUT 4 YEARS HAVE ELAPSED SINCE VIOLATIONS OCCURRED. IF DEBARMENT PROCEEDINGS WERE INITIATED, DUE PROCESS WOULD HAVE TO BE ACCORDED CONTRACTOR WHICH WOULD ENTAIL NOTICE AND HEARINGS WHICH WOULD FURTHER DELAY PAYMENT OF WORKER.
THE COMPTROLLER GENERAL:
WE ARE FORWARDING THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS-BACON ACT, 40 U.S.C. 276A, BY MAIN CORNICE WORKS, INC., WHICH PERFORMED WORK UNDER THE DEPARTMENT OF THE ARMY CONTRACT NO. DAHA 04-77 C- 0060 AT ARMY NATIONAL GUARD TRAINING SITE, CAMP ROBERTS, 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 $2,981 ON DEPOSIT HERE TO THE 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 KENNETH SCHUTT ON EXTENSION 53218.
INDORSEMENT
ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP
RETURNED. THE CONTRACTOR, MAIN CORNICE WORKS, INC., ADMITTED THAT IT HAD UNDERPAID THE WORKER IN QUESTION THE SUM OF $2,981. THE CONTRACTOR AUTHORIZED THE PAYMENT OF THIS WORKER FROM FUNDS WITHHELD FROM THE AMOUNT OWED THE CONTRACTOR UNDER THE CONTRACT. THIS AUTHORIZATION, COUPLED WITH THE EVIDENCE OF RECORD, IS SUFFICIENT TO ESTABLISH THAT THE WORKER WAS, IN FACT, UNDERPAID THIS AMOUNT. HOWEVER, WE DO NOT BELIEVE THAT IMPOSITION OF DEBARMENT SANCTIONS IS WARRANTED. ASIDE FROM THE FACT THAT WE DO NOT BELIEVE THAT THE EVIDENCE OF RECORD IS SUFFICIENT TO ESTABLISH THAT THE VIOLATIONS WERE OF SUCH A WILLFUL NATURE AS TO WARRANT DEBARMENT, WE NOTE THAT IT HAS BEEN IN EXCESS OF 4 YEARS SINCE THE VIOLATIONS OCCURRED. WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME, DUE PROCESS WOULD HAVE TO BE ACCORDED THE CONTRACTOR. DUE PROCESS IN THE PRESENT CASE WOULD ENTAIL, AT THE MINIMUM, NOTICE AND SOME SORT OF HEARING WHICH WOULD FURTHER DELAY PAYMENT OF THE WORKER. SEE B-196225-O.M., JULY 16, 1981. NEITHER THE DEPARTMENT OF LABOR NOR THE DEPARTMENT OF THE ARMY RECOMMENDED IMPOSITION OF DEBARMENT SANCTIONS.
THE FUNDS ON DEPOSIT WITH YOUR OFFICE SHOULD BE DISBURSED TO THE AGGRIEVED WORKER IN ACCORDANCE WITH ESTABLISHED PROCEDURES.