B-207890-OM, DEC 6, 1982

B-207890-OM: Dec 6, 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. 996.72 WHICH WE HAVE ON DEPOSIT TO THE FOUR AGGRIEVED WORKERS. 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. WHILE THE UNREBUTTED EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE SUBCONTRACTOR. WE DO NOT BELIEVE THAT DEBARMENT IS WARRANTED.

B-207890-OM, DEC 6, 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 NUALCO CORPORATION, SUBCONTRACTOR TO BEL-AIR CONSTRUCTION COMPANY, WHICH PERFORMED WORK UNDER DEPARTMENT OF THE AIR FORCE CONTRACT NO. F04684-78-C-0063 AT VANDENBURG AIR FORCE BASE, 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 $1,996.72 WHICH WE HAVE ON DEPOSIT TO THE FOUR 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 MR. LAWRENCE M. BOBIER ON EXTENSION 58145.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. WHILE THE UNREBUTTED EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE SUBCONTRACTOR, NUALCO CORPORATION, UNDERPAID THE FIVE WORKERS IN QUESTION, WE DO NOT BELIEVE THAT DEBARMENT IS WARRANTED. IT HAS BEEN IN EXCESS OF 3 YEARS SINCE THE VIOLATIONS OCCURRED AND IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME, THE SUBCONTRACTOR WOULD HAVE TO BE ACCORDED DUE PROCESS. DUE PROCESS IN THIS CASE WOULD ENTAIL, AT THE MINIMUM, NOTICE AND SOME TYPE OF HEARING WHICH WOULD FURTHER DELAY PAYMENT OF THE WORKERS. SEE B-201509-O.M., MAY 5, 1981. CONCERNING THE PRIME CONTRACTOR, BEL-AIR CONSTRUCTION COMPANY, THERE IS NO EVIDENCE THAT IT PARTICIPATED IN OR CONTRIBUTED TO THE DISREGARD OF OBLIGATIONS TO THE EMPLOYEES WITHIN THE INTENT OF THE DAVIS- BACON ACT SO AS TO PROVIDE A BASIS FOR DEBARMENT. SEE B-205949-O.M., MARCH 29, 1982. THE DEPARTMENT OF LABOR DECLINED TO INITIATE DEBARMENT PROCEEDINGS ON THE BASIS OF THE RELATIVELY SMALL AMOUNT OF BACK WAGES.

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