B-120053, OCT. 11, 1957
Highlights
IT HAS BEEN DETERMINED THAT APPROPRIATE ADJUSTMENTS OF THE UNDERPAYMENTS HAVE BEEN MADE WITH EMPLOYEES INVOLVED WITHOUT THE NECESSITY OF DISBURSEMENT ACTION ON OUR PART. THIS AMOUNT IS BEING RETAINED BY US FOR DIRECT PAYMENT TO THE EMPLOYEES. R. CIANCHETTE IS BEING AUTHORIZED TO MAKE APPROPRIATE ADJUSTMENTS WITH EMPLOYEES OF UNDERPAYMENTS INCLUDED THEREIN THE SUM OF $1. IN THE EVENT AND TO THE EXTENT HE IS SUCCESSFUL. EMPLOYEES' RECEIPTS AND NEGOTIATED CHECKS ARE TRANSMITTED TO US AS EVIDENCE THAT ADJUSTMENTS HAVE BEEN ACCOMPLISHED. 768.96 ITEM ALSO WILL BE RELEASED. WE ARE TODAY INSTRUCTING OUR CLAIMS DIVISION TO PAY TO YOU THE DIFFERENCE BETWEEN $33. WE ARE ADVISING THE DEPARTMENT OF THE NAVY.
B-120053, OCT. 11, 1957
TO E. H. WYMAN, JR.:
OUR RECORDS SHOW THAT THE DEPARTMENT OF THE NAVY WITHHELD AND FORWARDED TO OUR OFFICE THE SUM OF $33,400.57 TO COVER WAGE UNDERPAYMENTS, UNDER THE DAVIS-BACON ACT, 40 U.S.C. 276A, AND THE EIGHT HOUR LAWS, 40 U.S.C. 324, IN THE PERFORMANCE OF CONTRACT NOY 26071, BY THE PRIME CONTRACTOR AND SUBCONTRACTOR J. R. CIANCHETTE.
IT HAS BEEN DETERMINED THAT APPROPRIATE ADJUSTMENTS OF THE UNDERPAYMENTS HAVE BEEN MADE WITH EMPLOYEES INVOLVED WITHOUT THE NECESSITY OF DISBURSEMENT ACTION ON OUR PART, EXCEPT IN CERTAIN INSTANCES INVOLVING EMPLOYEES OF J. R. CIANCHETTE HAVING AN AGGREGATE VALUE OF $5,528.37. THIS AMOUNT IS BEING RETAINED BY US FOR DIRECT PAYMENT TO THE EMPLOYEES, THOUGH J. R. CIANCHETTE IS BEING AUTHORIZED TO MAKE APPROPRIATE ADJUSTMENTS WITH EMPLOYEES OF UNDERPAYMENTS INCLUDED THEREIN THE SUM OF $1,768.96. IN THE EVENT AND TO THE EXTENT HE IS SUCCESSFUL, AND EMPLOYEES' RECEIPTS AND NEGOTIATED CHECKS ARE TRANSMITTED TO US AS EVIDENCE THAT ADJUSTMENTS HAVE BEEN ACCOMPLISHED, THIS $1,768.96 ITEM ALSO WILL BE RELEASED.
ACCORDINGLY, WE ARE TODAY INSTRUCTING OUR CLAIMS DIVISION TO PAY TO YOU THE DIFFERENCE BETWEEN $33,400.57, THE AMOUNT WITHHELD AND $5,528.37, THE BALANCE NEEDED TO ADJUST UNDERPAYMENTS, OR $27,872.20, IF OTHERWISE CORRECT.
ALSO, WE ARE ADVISING THE DEPARTMENT OF THE NAVY, WHICH WE UNDERSTAND IS WITHHOLDING SOME $19,315.19 TO ENSURE ADJUSTMENT OF UNDERPAYMENTS, THAT SUCH FUNDS NOW MAY BE RELEASED.
AFTER REVIEWING ALL OF THE EVIDENCE WE ARE SATISFIED THAT IRREGULARITIES REPORTED, WHICH INVOLVE MAINLY MISCLASSIFICATIONS AND OTHER DISAGREEMENTS WITH RESPECT TO WORK CLASSIFICATIONS, DO NOT EVIDENCE BAD FAITH IN DISCHARGING OBLIGATIONS TO EMPLOYEES, AND DO NOT REQUIRE IMPOSITION OF THE DEBARMENT SANCTION PROVIDED BY THE DAVIS BACON ACT.