B-200104 L/M, SEP 11, 1980

B-200104 L/M: Sep 11, 1980

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THE NAME OF YOUR CLIENT WAS PLACED ON OUR DEBARRED BIDDERS LIST ON AUGUST 15. THE DEPARTMENT OF LABOR IS VESTED WITH THE PRIMARY AUTHORITY FOR THE ENFORCEMENT OF THE ACT. ANY CONTRACTOR OR SUBCONTRACTOR IS FOUND BY THE SECRETARY OF LABOR. OUR ROLE UNDER THE ACT IS PURELY MINISTERIAL. IT IS SUGGESTED THAT YOU CONTACT THE EMPLOYMENT STANDARDS ADMINISTRATION. DIGEST GAO'S ROLE IN CONNECTION WITH ENFORCEMENT OF FEDERAL WATER POLLUTION CONTROL ACT IS PURELY MINISTERIAL. WHO HAVE BEEN FOUND BY SECRETARY OF LABOR TO HAVE WILLFULLY VIOLATED ACT. SECRETARY OF LABOR MAY REMOVE VIOLATOR'S NAME FROM LIST WHERE THERE IS DEMONSTRATION OF CURRENT RESPONSIBILITY.

B-200104 L/M, SEP 11, 1980

OFFICE OF GENERAL COUNSEL

DONALD J. BALL, ATTORNEY AT LAW:

WE REFER TO YOUR LETTER OF AUGUST 20, 1980, CONCERNING THE DEBARMENT OF YOUR CLIENT, BIANCHI AND SONS, INC.

THE NAME OF YOUR CLIENT WAS PLACED ON OUR DEBARRED BIDDERS LIST ON AUGUST 15, 1978, FOR VIOLATIONS OF THE LABOR STANDARDS PROVISIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED. THE DEPARTMENT OF LABOR IS VESTED WITH THE PRIMARY AUTHORITY FOR THE ENFORCEMENT OF THE ACT. SEE PART 5, TITLE 29 CODE OF FEDERAL REGULATIONS. THESE REGULATIONS DIRECT THAT WHENEVER, AS IN THE CASE OF YOUR CLIENT, ANY CONTRACTOR OR SUBCONTRACTOR IS FOUND BY THE SECRETARY OF LABOR, OR AN AGENCY HEAD WITH THE CONCURRANCE OF THE SECRETARY OF LABOR, TO BE IN WILLFUL VIOLATION OF THE LABOR STANDARDS PROVISIONS OF THE ACT, SUCH CONTRACTOR OR SUBCONTRACTOR OR ANY FIRM, PARTNERSHIP OR ASSOCIATION IN WHICH SUCH CONTRACTOR OR SUBCONTRACTOR HAS A SUBSTANTIAL INTEREST MAY BE PLACED ON THE DEBARRED BIDDERS LIST FOR A PERIOD NOT TO EXCEED 3 YEARS FROM THE DATE OF PUBLICATION. OUR ROLE UNDER THE ACT IS PURELY MINISTERIAL, I.E., WE PLACE THE NAMES OF VIOLATORS ON THE LIST AT THE DIRECTION OF THE SECRETARY OF LABOR. HOWEVER, THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION OF THE DEPARTMENT OF LABOR CAN REMOVE THE NAME OF A CONTRACTOR OR SUBCONTRACTOR FROM THE LIST SHOULD HE FIND THAT THE CONTRACTOR OR SUBCONTRACTOR HAS DEMONSTRATED A CURRENT RESPONSIBILITY TO COMPLY WITH THE LABOR STANDARDS PROVISIONS APPLICABLE TO FEDERAL CONTRACTS.

THUS, IT IS SUGGESTED THAT YOU CONTACT THE EMPLOYMENT STANDARDS ADMINISTRATION, WAGE AND HOUR DIVISION, UNITED STATES DEPARTMENT OF LABOR, FOR ANY ADDITIONAL INFORMATION CONCERNING (1) YOUR CLIENT'S DEBARMENT AND (2) THE STEPS TO BE TAKEN FOR THE REMOVAL OF YOUR CLIENT'S NAME FROM THE DEBARRED BIDDERS LIST.

DIGEST

GAO'S ROLE IN CONNECTION WITH ENFORCEMENT OF FEDERAL WATER POLLUTION CONTROL ACT IS PURELY MINISTERIAL, I.E., PLACING NAMES OF FIRMS AND INDIVIDUALS, WHO HAVE BEEN FOUND BY SECRETARY OF LABOR TO HAVE WILLFULLY VIOLATED ACT, ON DEBARRED BIDDERS LIST. DEPARTMENT OF LABOR HAS PRIMARY AUTHORITY FOR ENFORCEMENT OF ACT AND MAY DEBAR VIOLATORS FOR UP TO 3 YEARS. ALSO, SECRETARY OF LABOR MAY REMOVE VIOLATOR'S NAME FROM LIST WHERE THERE IS DEMONSTRATION OF CURRENT RESPONSIBILITY.