B-208905-OM, DEC 16, 1982

B-208905-OM: Dec 16, 1982

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

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 OF THE DAVIS-BACON ACT ARE FORWARDED FOR YOUR CONSIDERATION AND INSTRUCTIONS. WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO ESTABLISH THAT THE WORKERS WERE UNDERPAID. WE DO NOT BELIEVE THAT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE DEBARMENT IS WARRANTED. THE THREE WORKERS IN QUESTION WERE USED BY THE CONTRACTOR.

B-208905-OM, DEC 16, 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 VISTA ENGINEERING & CONSTRUCTION, INC. WHICH PERFORMED WORK UNDER DEPARTMENT OF THE AIR FORCE CONTRACT NO. F08650 -79-C-0101, AT PATRICK AFB, FLORIDA.

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 $611.90 ON DEPOSIT HERE TO THE UNDERPAID EMPLOYEES. OUR PROPOSAL AND THE MATTER OF WHETHER THE CONTRACTOR'S NAME SHOULD BE PLACED ON THE DEBARRED BIDDERS LIST FOR VIOLATIONS OF THE DAVIS-BACON ACT ARE FORWARDED FOR YOUR CONSIDERATION AND INSTRUCTIONS.

FOR FURTHER INFORMATION, PLEASE CONTACT MS. PAT BUNDY ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO ESTABLISH THAT THE WORKERS WERE UNDERPAID, WE DO NOT BELIEVE THAT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE DEBARMENT IS WARRANTED. THE THREE WORKERS IN QUESTION WERE USED BY THE CONTRACTOR, VISTA ENGINEERING CONSTRUCTION INC. (VISTA), AS "JACKS-OF-ALL-TRADES" IN THAT THEY PERFORMED WORK IN ANY CLASSIFICATION WHERE WORK HAD TO BE DONE. WE NOTE THAT THE WORKERS NOT ONLY PERFORMED IN HIGHER PAYING CLASSIFICATIONS, BUT LOWER PAYING CLASSIFICATIONS AS WELL. FOR EXAMPLE, THE TWO WORKERS WHO WERE CLASSIFIED AND PAID AS CARPENTERS PERFORMED WORK IN THE LOWER PAYING PAINTER CLASSIFICATION. THE RECORD INDICATES THAT THE UNDERPAYMENTS WERE, FOR THE MOST PART, THE RESULT OF FAILURE BY THE CONTRACTOR'S SUPERINTENDENT TO KEEP TRACK OF THE WORK PERFORMED BY THE WORKERS OUTSIDE OF THEIR REGULAR CLASSIFICATION. IN THIS REGARD, WHILE VISTA'S PRESIDENT, MR. SHYAM B. VIRANI, PROBABLY KNEW OF VISTA'S OBLIGATIONS UNDER THE DAVIS-BACON ACT, SINCE HE DID SIGN THE CERTIFIED PAYROLLS, THERE IS LITTLE OR NO EVIDENCE TO ESTABLISH THAT MR. VIRANI PARTICIPATED IN THE DAY-TO-DAY SUPERVISION OF THE WORK PERFORMED UNDER THE CONTRACT. THERE IS NO EVIDENCE INDICATING THAT THE PAYROLLS WERE FALSIFIED TO CONCEAL THE UNDERPAYMENTS. THUS, IT IS OUR VIEW THAT THE EVIDENCE TAKEN AS A WHOLE DOES NOT ESTABLISH A WILLFUL INTENT ON THE PART OF THE CONTRACTOR TO UNDERPAY ITS WORKERS SO AS TO WARRANT DEBARMENT. SEE B-194243-O.M., APRIL 13, 1979, AND B-200889-O.M., DECEMBER 16, 1980. NEITHER THE DEPARTMENT OF LABOR NOR THE DEPARTMENT OF THE AIR FORCE HAS RECOMMENDED DEBARMENT.

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