B-153346, MAR. 16, 1964

B-153346, MAR. 16, 1964

TO R. E. POITRAS COMPANY:

ENCLOSED IS A COPY OF OUR FINDING OF TODAY THAT R. E. POITRAS, DOING BUSINESS AS R. E. POITRAS COMPANY, HAS DISREGARDED OBLIGATIONS TO EMPLOYEES WITHIN THE MEANING OF THE DAVIS-BACON ACT, 40 U.S.C. 276A, IN THE PERFORMANCE OF A SUBCONTRACT FOR ELECTRICAL WORK UNDER CONTRACT GS 04- B-7236 AWARDED TO NORBERT-FULLER, INC., FOR BUILDING EXTENSION AND REMODELING AT U.S. POST OFFICE, LAKE WALES, FLORIDA.

PURSUANT TO THE PROVISIONS OF SECTION 3 (A) OF THE ACT, 40 U.S.C. 276A-2, THESE NAMES WILL BE INCLUDED ON A LIST FOR PUBLICATION MARCH 16, 1964, AND NO GOVERNMENT CONTRACT WILL BE AWARDED TO THEM OR TO ANY FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH THEY HAVE AN INTEREST UNTIL THREE YEARS HAVE ELAPSED FROM SUCH DATE.

FINDING

IN THE MATTER OF R. E. POITRAS, DOING BUSINESS AS R. E. POITRAS COMPANY.

SECTION 1 OF THE DAVIS-BACON ACT OF AUGUST 30, 1935, 49 STAT. 1011, 40 U.S.C. 276A, PROVIDES IN PART THAT:

"THE ADVERTISED SPECIFICATIONS FOR EVERY CONTRACT IN EXCESS OF $2,000, TO WHICH THE UNITED STATES * * * IS A PARTY, FOR CONSTRUCTION, ALTERATION, AND/OR REPAIR, INCLUDING PAINTING AND DECORATING, OR PUBLIC BUILDINGS OR PUBLIC WORKS OF THE UNITED STATES * * * AND WHICH REQUIRES OR INVOLVES THE EMPLOYMENT OF MECHANICS AND/OR LABORERS SHALL CONTAIN A PROVISION STATING THE MINIMUM WAGES TO BE PAID VARIOUS CLASSES OF LABORERS AND MECHANICS * * * AND EVERY CONTRACT BASED UPON THESE SPECIFICATIONS SHALL CONTAIN A STIPULATION THAT THE CONTRACTOR OR HIS SUBCONTRACTOR SHALL PAY ALL MECHANICS AND LABORERS EMPLOYED DIRECTLY UPON THE SITE OF THE WORK, UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT, THE FULL AMOUNTS ACCRUED AT TIME OF PAYMENT, COMPUTED AT WAGE RATES NOT LESS THAN THOSE STATED IN THE ADVERTISED SPECIFICATIONS, REGARDLESS OF ANY CONTRACTUAL RELATIONSHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR OR SUBCONTRACTOR AND SUCH LABORERS AND MECHANICS * * * .'

SECTION 3 (A) OF THE ACT PROVIDES THAT:

"* * * THE COMPTROLLER GENERAL OF THE UNITED STATES IS FURTHER AUTHORIZED AND IS DIRECTED TO DISTRIBUTE A LIST TO ALL DEPARTMENTS OF THE GOVERNMENT GIVING THE NAMES OF PERSONS OR FIRMS WHOM HE HAS FOUND TO HAVE DISREGARDED THEIR OBLIGATIONS TO EMPLOYEES AND SUBCONTRACTORS. NO CONTRACT SHALL BE AWARDED TO THE PERSONS OR FIRMS APPEARING ON THIS LIST OR TO ANY FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH PERSONS OR FIRMS HAVE AN INTEREST UNTIL THREE YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF THE LIST CONTAINING THE NAMES OF SUCH PERSONS OR FIRMS.'

CONTRACT GS 04-B-7236, IN EXCESS OF $2,000, FOR CONSTRUCTION WORK (BUILDING EXTENSION AND REMODELING) AT U.S. POST OFFICE, LAKE WALES, FLORIDA, WAS ENTERED INTO ON JUNE 23, 1961, BY THE UNITED STATES (GENERAL SERVICES ADMINISTRATION) WITH NORBERT-FULLER, INC. THE ELECTRICAL WORK UNDER CONTRACT 04-B-7236 WAS SUBCONTRACTED TO R. E. POITRAS, DOING BUSINESS AS R. E. POITRAS COMPANY, 130 WEST CENTRAL AVENUE, WINTER HAVEN, FLORIDA.

ON THE BASIS OF AN INVESTIGATION BY THE WAGE AND HOUR AND PUBLIC CONTRACTS DIVISION OF THE DEPARTMENT OF LABOR WE FIND THAT 15 EMPLOYEES OF THE SUBCONTRACTOR WERE PAID LESS THAN THE MINIMUM WAGE RATES FOR THE TYPE OF WORK THEY PERFORMED, RESULTING IN AN UNDERPAYMENT OF $1,125. CONFERENCE WAS HELD ON APRIL 23, 1962, BY THE INVESTIGATOR WITH THE SUBCONTRACTOR AT WHICH TIME THE SUBCONTRACTOR WAS NOTIFIED OF THE VIOLATIONS. UPON THE SUBCONTRACTOR'S FAILURE OR REFUSAL TO MAKE THE WAGE ADJUSTMENTS FOUND DUE, THE PRIME CONTRACTOR EFFECTED SUCH ADJUSTMENTS TO THOSE EMPLOYEES WHOM IT COULD LOCATE.

THE RECORD ESTABLISHES THAT CERTIFIED PAYROLLS SUBMITTED BY R. E. POITRAS WERE INCOMPLETE AND CONTAINED INCORRECT INFORMATION. MR. POITRAS WAS SHOWN ON THE PAYROLLS AS THE ONLY ELECTRICIAN, WHEREAS IT IS REPORTED THAT A PROJECT OF THE SIZE INVOLVED IN THE SUBCONTRACT COULD NOT BE ACCOMPLISHED BY ONE ELECTRICIAN. FROM STATEMENTS BY THE WORKERS AS TO THE LENGTH OF TIME THEY WERE EMPLOYED IN THE ELECTRICAL FIELD, HOW THEY WERE CLASSIFIED ON THE PROJECT, HOW THEY FELT THEIR FELLOW EMPLOYEES SHOULD BE CLASSIFIED, AND HOW MUCH TIME THEY DEVOTED TO EACH TYPE OF WORK THEY WERE ENGAGED IN, WE CONCLUDE THAT A MAJOR PART OF THE ELECTRICAL WORK ON THE PROJECT WAS PERFORMED BY WORKERS WHO WERE PAID LESS THAN THE MINIMUM WAGES REQUIRED BY THE CONTRACT TO BE PAID TO ELECTRICIANS. WHILE THE PAYROLLS INDICATED THAT MR. POITRAS HAD PERSONALLY PERFORMED 224 HOURS OF WORK AS AN ELECTRICIAN, INTERVIEWED EMPLOYEES STATED THAT APPROXIMATELY 40 HOURS OF SUCH WORK WAS THE MAXIMUM HE COULD HAVE PERFORMED. DURING THE CONFERENCE WITH THE INVESTIGATOR MR. POITRAS DID NOT DENY THE INACCURACIES IN THE PAYROLLS SHOWING 224 HOURS OF ELECTRICAL WORK PERFORMED BY HIM.

BY LETTER DATED JULY 5, 1963, THE DEPARTMENT OF LABOR ADVISED MR. POITRAS OF THE CHARGES AGAINST HIM AND OFFERED HIM THE OPPORTUNITY TO PRESENT EVIDENCE IN REBUTTAL. WE ARE INFORMED THAT MR. POITRAS DID NOT RESPOND IN ANY MANNER.

IT IS CLEAR, PARTICULARLY IN THE LIGHT OF THE FALSE PAYROLLS, THAT GOOD FAITH WAS NOT SHOWN IN COMPLYING WITH THE ACT AND THE CONTRACTUAL PROVISIONS, AND WE SO FIND. ONLY THROUGH INVESTIGATION AND DETECTION OF THE MISLEADING INFORMATION FURNISHED IN PAYROLL REPORTS WAS IT POSSIBLE FOR THE GOVERNMENT TO ADOPT MEASURES PROTECTING THE EMPLOYEES INVOLVED AND ENSURING COMPLIANCE. THE GENERAL SERVICES ADMINISTRATION AND THE DEPARTMENT OF LABOR HAVE RECOMMENDED IMPOSITION OF DEBARMENT.

WE THEREFORE FIND THAT R. E. POITRAS, DOING BUSINESS AS R. E. POITRAS COMPANY, HAS DISREGARDED ,OBLIGATIONS TO EMPLOYEES" WITHIN THE MEANING OF THE DAVIS-BACON ACT. ACCORDINGLY, THE NAMES OF R. E. POITRAS AND R. E. POITRAS COMPANY WILL BE INCLUDED ON A LIST FOR DISTRIBUTION TO ALL AGENCIES OF THE GOVERNMENT AND, PURSUANT TO THE STATUTORY DIRECTION, NO CONTRACT SHALL BE AWARDED TO THEM, OR EITHER OF THEM, OR TO ANY FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH THEY, OR EITHER OF THEM, HAVE AN INTEREST UNTIL THREE YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF SUCH LIST.