B-207907.OM., DEC 1, 1982

B-207907.OM., DEC 1, 1982

PRECIS-UNAVAILABLE

THE COMPTROLLER GENERAL:

WE ARE FORWARDING THE FILE PERTAINING TO THE APPARENT VIOLATIONS OF THE DAVIS-BACON ACT, 40 U.S.C. 276A, BY ROBERT SIMMONS PLUMBING, SUBCONTRACTOR TO CO-MAC CONSTRUCTION COMPANY WHICH PERFORMED WORK UNDER CORPS OF ENGINEERS CONTRACT NO. DACW27-78-C-0088 AT SMITHLAND LOCKS AND DAM, OHIO RIVER, KENTUCKY.

DETAILS OF THE VIOLATIONS AND ADMINISTRATIVE RECOMMENDATIONS CONCERNING DEBARMENT ARE CONTAINED IN THE ATTACHED INVESTIGATIVE REPORT AND DEPARTMENT OF LABOR TRANSMITTAL LETTER.

WE PROPOSE, WITH YOUR APPROVAL, TO DISBURSE THE $2,035.68 ON DEPOSIT, TO THE UNDERPAID EMPLOYEES. 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. PAT BUNDY ON EXTENSION 53218.

INDORSEMENT ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE RECORD ESTABLISHES THAT THE TWO EMPLOYEES IN QUESTION, CLASSIFIED AND PAID AS APPRENTICES, PERFORMED THE WORK OF JOURNEYMEN PLUMBERS UNDER CLOSE SUPERVISION. BOTH EMPLOYEES WERE REGISTERED IN APPRENTICE OR TRAINEE PROGRAMS - ONE SPONSORED BY THE UNITED STATES DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION (CETA), AND THE OTHER BY THE STATE OF ILLINOIS. HOWEVER, NEITHER OF THESE PROGRAMS WAS, AS REQUIRED BY ARTICLE 34 OF THE GENERAL PROVISIONS OF THE CONTRACT, BONA FIDE APPRENTICE PROGRAMS REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, MANPOWER ADMINISTRATION, BUREAU OF APPRENTICESHIP AND TRAINING (BAT), OR A STATE APPRENTICE PROGRAM APPROVED BY BAT. THEREFORE, SINCE BOTH EMPLOYEES PERFORMED THE WORK OF JOURNEYMEN PLUMBERS, BUT WERE NOT REGISTERED IN A BAT OR BAT-APPROVED APPRENTICE PROGRAM, THEY ARE ENTITLED TO BE PAID THE JOURNEYMAN PLUMBER WAGE RATE. SEE GEVYN CONSTRUCTION CORPORATION V. UNITED STATES, NO. 515-78 (CT.CL. SEPT. 12, 1980).

WE CONCUR WITH THE VIEW EXPRESSED BY THE DEPARTMENTS OF ARMY AND LABOR THAT DEBARMENT IS NOT WARRANTED SINCE THE EMPLOYEES WERE REGISTERED IN APPRENTICE PROGRAMS AND THE UNDERPAYMENTS WERE THE RESULT OF A MISUNDERSTANDING THAT THOSE APPRENTICE PROGRAMS QUALIFIED FOR DAVIS-BACON PURPOSES RATHER THAN A WILLFUL INTENT TO UNDERPAY THE EMPLOYEES.

THE FUNDS ON DEPOSIT WITH YOUR OFFICE SHOULD BE DISBURSED IN ACCORDANCE WITH ESTABLISHED PROCEDURES.