Debarment for Violation of the Davis-Bacon Act Was Appropriate

B-189471: Apr 10, 1978

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Reconsideration was requested of a company's debarment for violation of the Davis-Bacon Act. The debarment was appropriate because: the company deliberately concealed underpayment of wages, and its agreement with employees and later restitution did not make its action one of good faith; a "not guilty" verdict in a related criminal case was not relevant; Congress provided for a 3-year debarment for violation of the act; and procedural due process was not violated in the debarment proceedings in spite of lack of legal representation and cross-examination. The question of whether the debarment provision of the act is unconstitutional is a matter for court determination.

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