B-201217.OM, JAN 21, 1981
Highlights
THERE IS NO EVIDENCE TO INDICATE THAT THIS AMOUNT IS INCORRECT. WE HAVE NO OBJECTION TO THE SETTLEMENT OF THE WAGE VIOLATIONS ON THE BASIS OF THE SETTLEMENT AGREEMENT BETWEEN THE CONTRACTOR AND THE DEPARTMENT OF LABOR. WE ARE OF THE VIEW THAT DEBARMENT IS NOT WARRANTED. THERE IS NO EVIDENCE OF RECORD THAT THE UNDERPAYMENTS WERE OF SUCH A WILLFUL NATURE AS TO WARRANT DEBARMENT.
B-201217.OM, JAN 21, 1981
PRECIS-UNAVAILABLE
ASSOCIATE DIRECTOR-AFMD, CLAIMS GROUP:
INDORSEMENT
RETURNED. IN VIEW OF THE FACT THAT THE CONTRACTOR, TALON CONSTRUCTION COMPANY, HAS ADMITTED THAT IT UNDERPAID ITS WORKERS A TOTAL OF $16,770.64, AND THERE IS NO EVIDENCE TO INDICATE THAT THIS AMOUNT IS INCORRECT, WE HAVE NO OBJECTION TO THE SETTLEMENT OF THE WAGE VIOLATIONS ON THE BASIS OF THE SETTLEMENT AGREEMENT BETWEEN THE CONTRACTOR AND THE DEPARTMENT OF LABOR. SEE B-196546-O.M., DECEMBER 11, 1979. THEREFORE, THE $16,770.64 ON DEPOSIT WITH YOUR OFFICE MAY BE DISBURSED TO THE 33 AGGRIEVED WORKERS IN ACCORDANCE WITH ESTABLISHED PROCEDURES.
REGARDING THE QUESTION OF DEBARMENT, WE ARE OF THE VIEW THAT DEBARMENT IS NOT WARRANTED. THERE IS NO EVIDENCE OF RECORD THAT THE UNDERPAYMENTS WERE OF SUCH A WILLFUL NATURE AS TO WARRANT DEBARMENT. SEE B-195231-O.M., OCTOBER 2, 1979, AND B-191999-O.M., JULY 7, 1978. THE DEPARTMENT OF LABOR DID NOT RECOMMEND DEBARMENT.