B-194729 L/M, JUL 12, 1979
Highlights
INQUIRING AS TO WHETHER YOU WILL BE ALLOWED TO WORK AT ANY GOVERNMENT INSTALLATION WHILE EMPLOYED BY ANOTHER COMPANY OR CORPORATION SINCE YOUR FIRM AND YOU. WERE PLACED ON THE DEBARRED BIDDERS LIST FOR VIOLATION OF THE DAVIS-BACON ACT. YOU EXPRESS THE HOPE THAT YOU WILL BE ABLE TO WORK FOR A FIRM IN WHICH YOU HOLD NO STOCK OR INTEREST. IN WHICH YOU OR YOUR FIRM HAS AN INTEREST UNTIL 3 YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF THE DEBARRED BIDDERS LIST CONTAINING THE NAMES OF YOU AND YOUR FIRM. UNDER WHICH CONTRACTOR WAS DEBARRED.
B-194729 L/M, JUL 12, 1979
OFFICE OF GENERAL COUNSEL
C. M. BONE, ACME PAINTING CO. INC.:
WE REFER TO YOUR LETTER OF JUNE 11, 1979, INQUIRING AS TO WHETHER YOU WILL BE ALLOWED TO WORK AT ANY GOVERNMENT INSTALLATION WHILE EMPLOYED BY ANOTHER COMPANY OR CORPORATION SINCE YOUR FIRM AND YOU, INDIVIDUALLY, WERE PLACED ON THE DEBARRED BIDDERS LIST FOR VIOLATION OF THE DAVIS-BACON ACT, 40 U.S. SEC. 276A (1976). YOU EXPRESS THE HOPE THAT YOU WILL BE ABLE TO WORK FOR A FIRM IN WHICH YOU HOLD NO STOCK OR INTEREST.
THE DAVIS-BACON ACT DEBARMENT OF YOU AND YOUR FIRM REQUIRES THAT NO CONTRACT SHALL BE AWARDED TO YOU OR YOUR FIRM OR TO ANY FIRM, CORPORATION, PARTNERSHIP, JOINT VENTURE OR ASSOCIATION, IN WHICH YOU OR YOUR FIRM HAS AN INTEREST UNTIL 3 YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF THE DEBARRED BIDDERS LIST CONTAINING THE NAMES OF YOU AND YOUR FIRM.
IN LIGHT OF THE ABOVE REQUIREMENTS OF THE ACT, IT DOES NOT APPEAR THAT THE AWARD OF A GOVERNMENT CONTRACT TO A FIRM WHICH HIRED YOU STRICTLY AS AN EMPLOYEE AND IN WHICH YOU HAD NO STOCK, FINANCIAL OR MANAGERIAL INTEREST WOULD BE OBJECTIONABLE.
DIGEST
IT DOES NOT APPEAR THAT AWARD OF GOVERNMENT CONTRACT TO FIRM THAT HIRED DEBARRED CONTRACTOR STRICTLY AS EMPLOYEE WOULD BE OBJECTIONABLE SINCE DAVIS-BACON ACT, UNDER WHICH CONTRACTOR WAS DEBARRED, ONLY PROHIBITS AWARD OF GOVERNMENT CONTRACTS TO FIRMS IN WHICH DEBARRED INDIVIDUAL HAS STOCK, FINANCIAL OR MANAGERIAL INTEREST.