B-208910.OM., SEP 24, 1982

B-208910.OM., SEP 24, 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, AND THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 327 ET SEQ., BY NATIONAL SURFACE CLEANING OF WASHINGTON, INC., ALEXANDRIA, VIRGINIA, WHICH PERFORMED WORK UNDER GENERAL SERVICES ADMINISTRATION CONTRACT NO. GS-00B-02819 NEG AT NEW STATE DEPARTMENT BUILDING, WASHINGTON, D. C.

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 $14,138 ON DEPOSIT HERE TO THE 46 AGGRIEVED WORKERS 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 MYRON COLBREUNER ON EXTENSION 53218.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD, CLAIMS GROUP

RETURNED. THERE IS SUFFICIENT EVIDENCE OF RECORD TO ESTABLISH THAT NATIONAL SURFACE CLEANING OF WASHINGTON, INC., AN 8(A) MINORITY SUBCONTRACTOR, UNDERPAID THE WORKERS IN QUESTION. HOWEVER, WE DO NOT BELIEVE THAT DEBARMENT IS WARRANTED. IT HAS BEEN IN EXCESS OF 5 YEARS SINCE THE VIOLATIONS OCCURRED AND, IF WE WERE TO INITIATE DEBARMENT PROCEEDINGS AT THIS TIME, DUE PROCESS WOULD HAVE TO BE ACCORDED THE SUBCONTRACTOR. DUE PROCESS IN THIS CASE WOULD ENTAIL, AT THE MINIMUM, NOTICE AND SOME SORT OF HEARING WHICH WOULD FURTHER DELAY REIMBURSEMENT OF THE UNDERPAID WORKERS. SEE B-196225-O.M., JULY 16, 1981.

THE FUNDS ON DEPOSIT WITH YOUR OFFICE MAY BE DISBURSED TO THE AGGRIEVED WORKERS IN ACCORDANCE WITH ESTABLISHED PROCEDURES.