B-211716-OM, JUN 17, 1983

B-211716-OM: Jun 17, 1983

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PRECIS-UNAVAILABLE THE COMPTROLLER GENERAL: HERE IS 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 GOVERNMENT COMPLIANCE OFFICER DETERMINED THAT THE DUTIES OF THE EMPLOYEES WERE THOSE OF ELECTRICIANS AND THAT AS A RESULT. THEY WERE UNDERPAID A TOTAL OF $3. DOL DETERMINED THAT THE EMPLOYEES SHOULD HAVE BEEN CLASSIFIED AS ELECTRICIANS.

B-211716-OM, JUN 17, 1983

PRECIS-UNAVAILABLE

THE COMPTROLLER GENERAL:

HERE IS THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS BACON ACT, 40 U.S.C. 276A, BY RED RIVER CONSTRUCTION COMPANY WHICH PERFORMED WORK UNDER DEPARTMENT OF THE INTERIOR CONTRACT NO. 8-07-DC 07330 AT MT. ELBERT PUMPED-STORAGE POWERPLANT, FRYING PAN-ARKANSAS PROJECT, COLORADO.

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 $3,141.43 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 UNDER 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. RED RIVER CONSTRUCTION COMPANY, PRIME CONTRACTOR ON DEPARTMENT OF THE INTERIOR (INTERIOR) CONTRACT NO. 8-07-DC-07330, CONSIDERED THREE EMPLOYEES TO BE LABORERS AND CLASSIFIED AND PAID THEM ON THAT BASIS. HOWEVER, SUBSEQUENTLY, THE GOVERNMENT COMPLIANCE OFFICER DETERMINED THAT THE DUTIES OF THE EMPLOYEES WERE THOSE OF ELECTRICIANS AND THAT AS A RESULT, THEY WERE UNDERPAID A TOTAL OF $3,141.43. THE CONTRACTOR DISAGREED WITH THE CLASSIFICATION MADE BY THE COMPLIANCE OFFICER. THE CONTRACTOR AGREED TO THE WITHHOLDING FROM CONTRACT PAYMENTS OF $3,141.43 PENDING A DETERMINATION BY THE DEPARTMENT OF LABOR (DOL) AS TO THE CORRECT CLASSIFICATION ACCORDING TO AREA PRACTICE. DOL DETERMINED THAT THE EMPLOYEES SHOULD HAVE BEEN CLASSIFIED AS ELECTRICIANS.

SINCE THERE WAS A BONA FIDE DISAGREEMENT CONCERNING CLASSIFICATION, THE UNDERPAYMENTS WERE NOT OF SUCH A WILLFUL NATURE AS TO WARRANT DEBARMENT OF THE CONTRACTOR. B-208913-O.M., JANUARY 6, 1983; B-207643 O.M., OCTOBER 20, 1982. FURTHER, NEITHER INTERIOR NOR DOL RECOMMENDS DEBARMENT.

THE WAGES OF THE AGGRIEVED WORKERS SHOULD BE DISBURSED IN ACCORDANCE WITH ESTABLISHED PROCEDURES.

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