B-108857, MAR. 29, 1956
Highlights
THEREFORE WAS INELIGIBLE TO RECEIVE AWARDS OF GOVERNMENT CONTRACTS FOR THREE YEARS. IT WILL BE OBSERVED THAT THE "FINDING" WHICH ACCOMPANIED OUR NOTICE OF DEBARMENT DATED AUGUST 6. WAS PREDICATED UPON BOTH A MISCLASSIFICATION OF EMPLOYEES AND FALSIFICATIONS OF CERTAIN PAYROLL AFFIDAVITS FURNISHED TO ESTABLISH THAT REQUIRED WAGES HAD BEEN PAID UNDER CONTRACT NO. GAYBIS WISHES AND IS ABLE TO FURNISH EVIDENCE CONTROVERTING ANY FACTUAL FINDING MATERIAL TO OUR DETERMINATION THAT VIOLATIONS OCCURRED. SUCH EVIDENCE WILL BE GIVEN CAREFUL CONSIDERATION. SECTION 3/A) OF THE DAVIS-BACON ACT DIRECTS THAT INELIGIBILITY CONTINUE FOR THREE YEARS FROM THE TIME THE NAME OF A VIOLATOR IS PUBLISHED. WE HAVE NO DISCRETION TO SELECT THE EFFECTIVE DATE.
B-108857, MAR. 29, 1956
TO AROLD H. RIPPERGER, ESQUIRE:
YOUR LETTERS OF MARCH 9 AND 16, 1956, REQUEST THAT WE RECONSIDER AND REVOKE OUR ACTION OF AUGUST 6, 1954, FINDING THAT MYER GAYBIS, DOING BUSINESS AS THE GLOBE IMPROVEMENT COMPANY, DISREGARDED OBLIGATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT, 40 U.S.C. 276A, AND THEREFORE WAS INELIGIBLE TO RECEIVE AWARDS OF GOVERNMENT CONTRACTS FOR THREE YEARS.
IT WILL BE OBSERVED THAT THE "FINDING" WHICH ACCOMPANIED OUR NOTICE OF DEBARMENT DATED AUGUST 6, 1954, WAS PREDICATED UPON BOTH A MISCLASSIFICATION OF EMPLOYEES AND FALSIFICATIONS OF CERTAIN PAYROLL AFFIDAVITS FURNISHED TO ESTABLISH THAT REQUIRED WAGES HAD BEEN PAID UNDER CONTRACT NO. WA 22PB-103. IF MR. GAYBIS WISHES AND IS ABLE TO FURNISH EVIDENCE CONTROVERTING ANY FACTUAL FINDING MATERIAL TO OUR DETERMINATION THAT VIOLATIONS OCCURRED, SUCH EVIDENCE WILL BE GIVEN CAREFUL CONSIDERATION.
WITH RESPECT TO THE SUGGESTION IN YOUR LETTER OF MARCH 16 THAT THE DEBARMENT PERIOD BE MADE EFFECTIVE FROM THE TIME WHEN VIOLATIONS OCCURRED, SECTION 3/A) OF THE DAVIS-BACON ACT DIRECTS THAT INELIGIBILITY CONTINUE FOR THREE YEARS FROM THE TIME THE NAME OF A VIOLATOR IS PUBLISHED. CONSEQUENTLY, WE HAVE NO DISCRETION TO SELECT THE EFFECTIVE DATE.