B-209956, JUL 6, 1983

B-209956: Jul 6, 1983

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JAMISON CONSTRUCTION COMPANY: ENCLOSED IS A COPY OF OUR FINDING OF TODAY THAT JAMISON CONSTRUCTION COMPANY AND ITS OWNER. HAVE DISREGARDED OBLIGATIONS TO EMPLOYEES WITHIN THE MEANING OF THE DAVIS-BACON ACT. THE NAMES OF THE ABOVE PERSON AND FIRM SHALL BE INCLUDED ON THE NEXT DEBARRED BIDDERS LIST AND NO GOVERNMENT CONTRACT WILL BE AWARDED TO EITHER OF THEM OR TO ANY FIRM. OR ASSOCIATION IN WHICH THEY OR EITHER ONE OF THEM MAY HAVE AN INTEREST UNTIL 3 YEARS HAVE ELAPSED FROM THAT DATE. ARE BEING NOTIFIED OF DEBARMENT FOR VIOLATION OF THE DAVIS BACON ACT. WE HAVE HELD THAT AMOUNTS PAID BY AN EMPLOYER FOR HIS EMPLOYEE'S MEALS. THE $446.50 SHOULD BE RETURNED TO THE GENERAL SERVICES ADMINISTRATION TO COVER ANY CLAIMS THAT IT MIGHT HAVE AGAINST THE CONTRACTOR.

B-209956, JUL 6, 1983

PRECIS-UNAVAILABLE

MR. STANLEY JAMISON, JAMISON CONSTRUCTION COMPANY:

ENCLOSED IS A COPY OF OUR FINDING OF TODAY THAT JAMISON CONSTRUCTION COMPANY AND ITS OWNER, STANLEY JAMISON, HAVE DISREGARDED OBLIGATIONS TO EMPLOYEES WITHIN THE MEANING OF THE DAVIS-BACON ACT, 40 U.S.C. SEC. 276A (1976), IN THE PERFORMANCE OF CONTRACT NO. GS-10B-E-02308-00 FOR CONSTRUCTION WORK IN THE FEDERAL BUILDING, SPOKANE, WASHINGTON.

PURSUANT TO THE PROVISIONS OF SECTION 3(A) OF THE ACT, THE NAMES OF THE ABOVE PERSON AND FIRM SHALL BE INCLUDED ON THE NEXT DEBARRED BIDDERS LIST AND NO GOVERNMENT CONTRACT WILL BE AWARDED TO EITHER OF THEM OR TO ANY FIRM, CORPORATION, PARTNERSHIP, JOINT VENTURE, OR ASSOCIATION IN WHICH THEY OR EITHER ONE OF THEM MAY HAVE AN INTEREST UNTIL 3 YEARS HAVE ELAPSED FROM THAT DATE.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. JAMISON CONSTRUCTION COMPANY AND ITS OWNER, STANLEY JAMISON, ARE BEING NOTIFIED OF DEBARMENT FOR VIOLATION OF THE DAVIS BACON ACT, 40 U.S.C. SEC. 276A (1976), IN ACCORDANCE WITH THE ATTACHED LETTER AND FINDING (COPIES), AND THESE NAMES SHOULD BE INCLUDED ON THE NEXT PUBLISHED DEBARRED BIDDERS LIST.

CONCERNING THE $1,357.98 ON DEPOSIT WITH YOUR OFFICE, WE NOTE THAT ONE OF THE UNDERPAID WORKERS, ROBERT HANSEN, INDICATED IN HIS JANUARY 9, 1981, STATEMENT THAT HE RECEIVED $200 TO TRANSPORT HIMSELF AND THE OTHER UNDERPAID WORKER, CHARLES COTHAM, FROM PORTLAND TO SPOKANE AND, ALSO, THAT HE RECEIVED $246.50 FOR MOTEL AND FOOD EXPENSES FOR HIMSELF AND MR. COTHAM. WE HAVE HELD THAT AMOUNTS PAID BY AN EMPLOYER FOR HIS EMPLOYEE'S MEALS, LODGING AND TRANSPORTATION MAY BE CREDITED AGAINST DAVIS-BACON ACT WAGE UNDERPAYMENTS. SEE R.A.GOTTLIEB, INC., B-202851, JUNE 17, 1982, 82-1 CPD 597, AND B-200977-O.M., DECEMBER 30, 1980. SINCE IT APPEARS THAT BOTH EMPLOYEES BENEFITED EQUALLY FROM THE EXPENSE FUNDS, AN EQUAL AMOUNT ($223.25) SHOULD BE DEDUCTED FROM THE RESPECTIVE AMOUNTS DETERMINED TO BE DUE THE TWO EMPLOYEES AND THE BALANCE DISBURSED TO THE TWO EMPLOYEES. THE $446.50 SHOULD BE RETURNED TO THE GENERAL SERVICES ADMINISTRATION TO COVER ANY CLAIMS THAT IT MIGHT HAVE AGAINST THE CONTRACTOR.

FINDING

IN THE MATTER OF STANLEY JAMISON, DOING BUSINESS AS JAMISON CONSTRUCTION COMPANY, PORTLAND, OREGON.

SECTION 1(A) OF THE DAVIS-BACON ACT OF AUGUST 30, 1935, 49 STAT. 1011, 40 U.S.C. SEC. 276A (1976), PROVIDES IN PART THAT:

"THE ADVERTISED SPECIFICATIONS FOR EVERY CONTRACT IN EXCESS OF $2,000, TO WHICH THE UNITED STATES *** IS A PARTY, FOR CONSTRUCTION, ALTERATION, AND/OR REPAIR, INCLUDING PAINTING AND DECORATING, OF PUBLIC BUILDINGS OR PUBLIC WORKS OF THE UNITED STATES *** AND WHICH REQUIRES OR INVOLVES THE EMPLOYMENT OF MECHANICS AND/OR LABORERS SHALL CONTAIN A PROVISION STATING THE MINIMUM WAGES TO BE PAID VARIOUS CLASSES OF LABORERS AND MECHANICS *** AND EVERY CONTRACT BASED UPON THESE SPECIFICATIONS SHALL CONTAIN A STIPULATION THAT THE CONTRACTOR OR HIS SUBCONTRACTOR SHALL PAY ALL MECHANICS AND LABORERS EMPLOYED DIRECTLY UPON THE SITE OF THE WORK, UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT, THE FULL AMOUNTS ACCRUED AT TIME OF PAYMENT, COMPUTED AT WAGE RATES NOT LESS THAN THOSE STATED IN THE ADVERTISED SPECIFICATIONS, REGARDLESS OF ANY CONTRACTUAL RELATIONSHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR OR SUBCONTRACTOR AND SUCH LABORERS AND MECHANICS ***." SUBMITTED WERE EVALUATED ON THE BASIS OF THE TECHNICAL SECTION 3(A) OF THE ACT PROVIDES THAT:

"*** THE COMPTROLLER GENERAL OF THE UNITED STATES IS FURTHER AUTHORIZED AND IS DIRECTED TO DISTRIBUTE A LIST TO ALL DEPARTMENTS OF THE GOVERNMENT GIVING THE NAMES OF PERSONS OR FIRMS WHOM HE HAS FOUND TO HAVE DISREGARDED THEIR OBLIGATIONS TO EMPLOYEES AND SUBCONTRACTORS. NO CONTRACT SHALL BE AWARDED TO THE PERSONS OR FIRMS APPEARING ON THIS LIST OR TO ANY FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH PERSONS OR FIRMS HAVE AN INTEREST UNTIL THREE YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF THE LIST CONTAINING THE NAMES OF SUCH PERSONS OR FIRMS."

CONTRACT NO. GS-10B-E-02308-00 IN EXCESS OF $2,000 FOR THE REMOVAL AND RECONSTRUCTION OF INTERIOR WALLS IN SPACE OCCUPIED BY THE BONNEVILLE POWER ADMINISTRATION IN THE FEDERAL BUILDING, SPOKANE, WASHINGTON, WAS AWARDED BY THE GENERAL SERVICES ADMINISTRATION (GSA) TO JAMISON CONSTRUCTION COMPANY. THE CONTRACT CONTAINED THE STIPULATIONS AND REPRESENTATIONS REQUIRED BY SECTION 1 OF THE DAVIS-BACON ACT.

AN INVESTIGATION CONDUCTED BY THE DEPARTMENT OF LABOR (DOL) DISCLOSED THAT THE CONTRACTOR, HAVING FULL KNOWLEDGE OF ITS STATUTORY AND CONTRACTUAL RESPONSIBILITIES, DID NEVERTHELESS DISREGARD THESE OBLIGATIONS AS EVIDENCED BY THE DELIBERATE REFUSAL TO PAY TWO OF ITS EMPLOYEES ANY WAGES FOR A 1-WEEK PERIOD, WHICH WAS THE DURATION OF THIS CONTRACT. AS A RESULT OF THIS INVESTIGATION, THESE EMPLOYEES WERE FOUND TO HAVE BEEN UNDERPAID A TOTAL OF $1,357.98 IN VIOLATION OF THE TERMS OF THE DAVIS- BACON ACT. THE RECORD ALSO REVEALED THAT THE CONTRACTOR VIOLATED DOL REGULATIONS, 29 C.F.R. SEC. 5.5(3)(I) AND (II) (1982), IN THAT IT FAILED TO KEEP AN ACCURATE RECORD OF DAILY AND WEEKLY HOURS WORKED ON THE PROJECT AND TO SUBMIT CERTIFIED PAYROLLS TO GSA.

BY REGISTERED LETTER, DATED FEBRUARY 25, 1983, OUR OFFICE NOTIFIED MR. JAMISON IN DETAIL OF THE NATURE AND EXTENT OF THE LABOR STANDARDS VIOLATIONS CHARGED AGAINST HIM AND HIS FIRM. WHILE THE CONTRACTOR RESPONDED TO THIS LETTER, NO EXPLANATION WAS GIVEN WHICH WOULD JUSTIFY THE VIOLATIONS. IT IS CLEAR THAT GOOD FAITH WAS NOT SHOWN IN COMPLYING WITH THE DAVIS-BACON ACT.

WE THEREFORE FIND THAT JAMISON CONSTRUCTION COMPANY AND STANLEY JAMISON, ITS OWNER, HAVE DISREGARDED "OBLIGATIONS TO EMPLOYEES" WITHIN THE MEANING OF 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 OF THEM HAS AN INTEREST UNTIL 3 YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF SUCH LIST.