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B-207893.OM., DEC 1, 1982

B-207893.OM. Dec 01, 1982
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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. DETAILS OF THE VIOLATIONS AND ADMINISTRATIVE RECOMMENDATIONS CONCERNING DEBARMENT ARE CONTAINED IN THE ATTACHED INVESTIGATIVE REPORT AND DEPARTMENT OF LABOR TRANSMITTAL LETTER. $1. 079.44 WAS WITHHELD FROM THE ABOVE CONTRACT AND IS ON DEPOSIT HERE. THE REMAINING $950.00 IS FOR LIQUIDATED DAMAGES AND WILL BE RETURNED TO THE GENERAL SERVICES ADMINISTRATION. 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 CONSIDERATIONS AND INSTRUCTIONS. THE EVIDENCE OF RECORD SUPPORTS THE CONCLUSION THAT THE WORKERS IN QUESTION WERE UNDERPAID.

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B-207893.OM., DEC 1, 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 FITZHUGH ROOFING COMPANY, WHICH PERFORMED WORK UNDER GENERAL SERVICES ADMINISTRATION CONTRACT NO. GS-OOB- 03337 AT THE DEPARTMENT OF TRANSPORTATION, FEDERAL BUILDING 10A, 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.

$1,079.44 WAS WITHHELD FROM THE ABOVE CONTRACT AND IS ON DEPOSIT HERE. WE PROPOSE TO DISBURSE $129.44 TO THE SIX AGGRIEVED WORKERS, IN ACCORDANCE WITH ESTABLISHED PROCEDURES. THE REMAINING $950.00 IS FOR LIQUIDATED DAMAGES AND WILL BE RETURNED TO THE GENERAL SERVICES ADMINISTRATION. 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 CONSIDERATIONS AND INSTRUCTIONS.

FOR FURTHER INFORMATION, PLEASE CONTACT MR. LAWRENCE M. BOBIER ON EXTENSION 58145.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE EVIDENCE OF RECORD SUPPORTS THE CONCLUSION THAT THE WORKERS IN QUESTION WERE UNDERPAID. HOWEVER, WE CONCUR WITH THE DEPARTMENT OF LABOR THAT DEBARMENT IS NOT WARRANTED. THIS WAS THE FIRST GOVERNMENT CONTRACT THAT FITZHUGH ROOFING COMPANY (FITZHUGH), A SMALL BUSINESS 8(A) CONTRACTOR, PERFORMED AND THERE IS EVIDENCE INDICATING THAT THE UNDERPAYMENTS WERE IN SOME MEASURE DUE TO THE FACT THAT FITZHUGH DID NOT FULLY COMPREHEND THE DUTIES OF A ROOFER, AS OPPOSED TO A ROOFER'S HELPER, ON THIS GOVERNMENT CONTRACT. APPARENTLY, FITZHUGH FOLLOWED THE SAME PRACTICE AS IT FOLLOWED AS A NONUNION CONTRACTOR ON COMMERCIAL PROJECTS WHERE ROOFERS' HELPERS PERFORMED MANY FUNCTIONS WHICH WOULD BE CONSIDERED ROOFERS' DUTIES ON A GOVERNMENT CONTRACT. THIS RESULTED IN SEVERAL WORKERS BEING PAID THE WAGE RATE FOR ROOFER'S HELPERS WHEN THEY SHOULD HAVE BEEN PAID THE ROOFER WAGE RATE. AFTER THE UNDERPAYMENTS WERE BROUGHT TO FITZHUGH'S ATTENTION, FITZHUGH MADE RESTITUTION TO THE EMPLOYEES THAT COULD BE LOCATED AND REQUESTED THAT THE CONTRACT WITHHOLDING ($129.44) TO COVER THE BALANCE DUE EMPLOYEES THAT COULD NOT BE FOUND BE FORWARDED TO GAO FOR DISBURSEMENT.

THE PROPOSAL OF YOUR OFFICE TO DISBURSE TO THE EMPLOYEES THE $129.44 AND TO RETURN TO THE GENERAL SERVICES ADMINISTRATION THE $950 WITHHELD UNDER THE CONTRACT FOR LIQUIDATED DAMAGES FOR CONTRACT WORK HOURS AND SAFETY STANDARDS ACT VIOLATIONS IS APPROVED.

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