B-197900.OM, APR 21, 1980

B-197900.OM, APR 21, 1980

PRECIS-UNAVAILABLE

COMPTROLLER GENERAL:

WE ARE FORWARDING THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS-BACON ACT, 40 U.S.C. 276A, AND THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 327 ET SEQ., BY CUSTOM EXTERIORS, INC. WHICH PERFORMED WORK UNDER DEPARTMENT OF THE AIR FORCE CONTRACT NO. F 04698-75-C -0016 AT MCCLELLAN AIR FORCE BASE, CALIFORNIA.

DETAILS OF THE VIOLATIONS AND ADMINISTRATIVE RECOMMENDATIONS CONCERNING DEBARMENT ARE CONTAINED IN THE ATTACHED INVESTIGATIVE REPORT AND DEPARTMENT OF LABOR TRANSMITTAL LETTER. IT IS NOTED THAT WHILE THE DEPARTMENT OF THE AIR FORCE DETERMINED THAT 7 WORKERS WERE UNDERPAID A TOTAL OF $8,789.94, THE ADMINISTRATIVE LAW JUDGE REDUCED THE AMOUNT OF BACK WAGES TO $3,205.10 DUE FOUR UNDERPAID WORKERS. HOWEVER, A TOTAL OF $11,738.76 WAS ADMINISTRATIVELY WITHHELD TO EFFECT RESTITUTION.

WE PROPOSE, WITH YOUR APPROVAL AND IN ACCORDANCE WITH YOUR INSTRUCTIONS TO DISBURSE THE FUNDS ON DEPOSIT HERE. OUR PROPOSAL AND THE MATTER OF WHETHER THE CONTRACTOR'S NAME SHOULD BE PLACED ON THE DEBARRED BIDDERS LIST FOR VIOLATIONS UNDER THE DAVIS-BACON ACT ARE FORWARDED FOR YOUR CONSIDERATIONS AND INSTRUCTIONS.

FOR FURTHER INFORMATION, PLEASE CONTACT MS. MARCIA BROWN ON EXTENSION 53218.

CONGRESSMAN VIC FAZIO IS INTERESTED IN THIS MATTER.

INDORSEMENT

ASSOCIATE DIRECTOR, FGMS DIVISION - CLAIMS GROUP

RETURNED. THE AMOUNT OF $5,205.10, FOUND BY THE ADMINISTRATIVE LAW JUDGE TO BE DUE MESSRS. FASTON, LOCKE, SHIRES AND WEINRICH, MAY BE DISBURSED TO THESE INDIVIDUALS SINCE THE RECORD ESTABLISHES THEIR ENTITLEMENT. HOWEVER, AS POINTED OUT IN THE SUBMISSION, THE AIR FORCE DETERMINED THAT SEVEN WORKERS, INCLUDING THE FOUR ABOVE, HAD BEEN UNDERPAID A TOTAL OF $8,789.94. THE PRESENT RECORD OFFERS NO EXPLANATION AS TO WHY THE ADMINISTRATIVE LAW JUDGE DETERMINED THAT THREE OF THE WORKERS, MESSRS. KEARNEY, SIMMONS AND RAY, JR., HAD NOT BEEN UNDERPAID. CONSEQUENTLY, UNTIL SUCH TIME AS WE HAVE HAD AN OPPORTUNITY TO EXAMINE THE TRANSCRIPT OF THE NOVEMBER 29, 1977, HEARING, MENTIONED BY THE ADMINISTRATIVE LAW JUDGE, AND ANY OTHER EVIDENCE WHICH THE ADMINISTRATIVE LAW JUDGE MIGHT HAVE RELIED ON TO MAKE HIS DETERMINATION, WE CANNOT AUTHORIZE THE DISBURSAL OF THE BALANCE OF THE FUNDS TO THE CONTRACTOR.

WE CONCUR WITH THE DEPARTMENT OF LABOR THAT IT WOULD BE INAPPROPRIATE TO INITIATE ACTION FOR DEBARMENT AT THIS TIME, SINCE IT HAS BEEN MORE THAN 5 YEARS SINCE THE VIOLATIONS OCCURRED AND EXTENDED TIME WOULD BE REQUIRED TO ACCORD THE CONTRACTOR DUE PROCESS BEFORE ANY DEBARMENT COULD BE IMPOSED.