B-207227.OM., SEP 21, 1982
Highlights
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. 220.23 WHICH WE HAVE ON DEPOSIT TO THE TWO AGGRIEVED 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. AFMD-CLAIMS GROUP RETURNED.WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE SUBCONTRACTOR.
B-207227.OM., SEP 21, 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 PALMER CONSTRUCTION COMPANY, SUBCONTRACTOR TO WILLIAMS BROTHERS ENGINEERING COMPANY, WHICH PERFORMED WORK UNDER DEPARTMENT OF ENERGY CONTRACT NOS. CS-10133 AND CS-10137 AT ELK HILLS NAVAL RESERVE, TUPMAN, 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 $1,220.23 WHICH WE HAVE ON DEPOSIT TO THE TWO AGGRIEVED EMPLOYEES, 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 53218.
INDORSEMENT
ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP
RETURNED.WHILE THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT THE SUBCONTRACTOR, PALMER CONSTRUCTION COMPANY, UNDERPAID THE WORKERS IN QUESTION, WE CONCUR WITH THE DEPARTMENT OF LABOR'S VIEW THAT DEBARMENT OF THE SUBCONTRACTOR IS NOT WARRANTED. SINCE IT HAS BEEN IN EXCESS OF 4 YEARS SINCE THE VIOLATIONS OCCURRED, IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS NOW, DUE PROCESS WOULD HAVE TO BE ACCORDED TO THE SUBCONTRACTOR. DUE PROCESS IN THIS CASE WOULD REQUIRE, AT THE MINIMUM, NOTICE AND SOME TYPE OF HEARING WHICH WOULD ENTAIL FURTHER DELAYS. SEE B-193145-O.M., SEPTEMBER 25, 1981.
AS TO THE PRIME CONTRACTOR, WILLIAMS BROTHERS ENGINEERING 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-203309 O.M., AUGUST 28, 1981.
THE FUNDS ON DEPOSIT WITH YOUR OFFICE MAY BE DISBURSED TO THE TWO AGGRIEVED EMPLOYEES IN ACCORDANCE WITH ESTABLISHED PROCEDURES.