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WE WILL NOT INTERPOSE ANY OBJECTION TO THE AGREEMENT ON WHICH SETTLEMENT OF THIS MATTER MAY BE MADE. KENTUCKY CONTRACT NO: F20603-79-C005 YOUR FILE NO: MICH-80-223 YOU HAVE TRANSMITTED A REPORT ON ALLEGED DAVIS-BACON ACT VIOLATIONS BY SKIP KIRCHDORFER. THE CORRECT CONTRACT INVOLVED HERE IS CONTRACT NO. A SETTLEMENT AGREEMENT (ENTITLED "STIPULATION AND ORDER OF DISMISSAL") WAS ENTERED INTO BY DOL AND SKIP KIRCHDORFER. WE WILL NOT INTERPOSE ANY OBJECTION TO THE SETTLEMENT AGREEMENT ON WHICH SETTLEMENT OF THIS MATTER MAY BE MADE. WHICH IS THE AUTHORITY TO MAKE AN INDEPENDENT DETERMINATION. HAVE INSTRUCTED OUR CLAIMS DIVISION TO DISTRIBUTE THE FUNDS ON DEPOSIT TO THE EMPLOYEES INVOLVED.

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B-217809, AUG 23, 1985, OFFICE OF GENERAL COUNSEL

CONTRACTS - LABOR STIPULATIONS - DAVIS-BACON ACT - VIOLATIONS DIGEST: THE DEPARTMENT OF LABOR AND THE CONTRACTOR INVOLVED ENTERED INTO A SETTLEMENT AGREEMENT AN ALL ISSUES RELATING TO ALLEGED DAVIS-BACON ACT VIOLATIONS. PURSUANT TO 40 PURSUANT TO SEC. 3(A) OF THE DAVIS-BACON ACT, 40 U.S.C. SEC. 276A-2(A) (1982), OUR OFFICE HAS THE FINAL RESPONSIBILITY FOR DETERMINING WHETHER THE CONTRACTOR INVOLVED SHOULD BE DEBARRED, AND FOR DETERMINING THE OWNERSHIP OF THE FUNDS WITHHELD ON THE CONTRACT INVOLVED. IN VIEW OF THE CIRCUMSTANCES OF THIS CASE, WE DECLINE TO DEBAR THE CONTRACTOR INVOLVED, AND WE WILL NOT INTERPOSE ANY OBJECTION TO THE AGREEMENT ON WHICH SETTLEMENT OF THIS MATTER MAY BE MADE.

SYLVESTER L. GREEN, DIRECTOR: CONTRACT STANDARDS OPERATIONS U. S. DEPARTMENT OF LABOR ROOM 53518 200 CONSTITUTION AVENUE, N.W. WASHINGTON, D.C. 20210

SUBJECT: SKIP KIRCHDORFER, INC. LOUISVILLE, KENTUCKY CONTRACT NO: F20603-79-C005 YOUR FILE NO: MICH-80-223

YOU HAVE TRANSMITTED A REPORT ON ALLEGED DAVIS-BACON ACT VIOLATIONS BY SKIP KIRCHDORFER, INC. THE CORRECT CONTRACT INVOLVED HERE IS CONTRACT NO. F20603-79-C-005. AFTER INITIATING LITIGATION BEFORE A DEPARTMENT OF LABOR (DOL) ADMINISTRATIVE LAW JUDGE IN THIS MATTER, DOL DECIDED TO SETTLE THIS CASE, AND A SETTLEMENT AGREEMENT (ENTITLED "STIPULATION AND ORDER OF DISMISSAL") WAS ENTERED INTO BY DOL AND SKIP KIRCHDORFER, INC., ON APRIL 26, 1984. THE ADMINISTRATIVE LAW JUDGE THEN ORDERED THAT THE CASE BE DISMISSED. ORDER OF DISMISSAL, SKIP KIRCHDORFER, INC., CASE NO. 82-DBA-6 (MAY 18, 1984). DOL HAS NOT RECOMMENDED DEBARMENT, AND REQUESTS THAT OUR OFFICE DISTRIBUTE THE FUNDS ON DEPOSIT TO THE EMPLOYEES INVOLVED PURSUANT TO THE SETTLEMENT AGREEMENT.

PURSUANT TO SEC. 3(A) OF THE DAVIS-BACON ACT, 40 U.S.C. SEC.276A-2(A) (1982), OUR OFFICE HAS THE FINAL RESPONSIBILITY FOR DETERMINING WHETHER THE CONTRACTOR INVOLVED SHOULD BE DEBARRED, AND FOR DETERMINING THE OWNERSHIP OF THE FUNDS WITHHELD ON THE CONTRACT INVOLVED. R-3368, MARCH 19, 1957, AND SEE SWEET HOME STONE COMPANY ET AL., B-185020, DECEMBER 26, 1976; 55 COMP.GEN. 744 (1976); 46 COMP.GEN. 178 (1966). IN VIEW OF THE CIRCUMSTANCES OF THIS CASE, WE DECLINE TO DEBAR SKIP KIRCHDORFER, INC., AND WE WILL NOT INTERPOSE ANY OBJECTION TO THE SETTLEMENT AGREEMENT ON WHICH SETTLEMENT OF THIS MATTER MAY BE MADE. HOWEVER, OUR LACK OF OBJECTION IN THIS CASE SHOULD NOT BE CONSTRUED AS AN ABDICATION OF OUR WAGE ADJUSTMENT AUTHORITY UNDER THE DAVIS-BACON ACT, WHICH IS THE AUTHORITY TO MAKE AN INDEPENDENT DETERMINATION, BASED ON THE COMPLETE RECORD, AS TO THE ACTUAL AMOUNT, IF ANY, OWED TO THE PARTIES IN INTEREST. SEE CASES CITED, SUPRA.

ACCORDINGLY, PURSUANT TO THE AUTHORITY GRANTED BY SEC. 3(A) OF THE DAVIS- BACON ACT, 40 U.S.C. SEC. 276A-2(A) (1982), WE DECLINE TO DEBAR SKIP KIRCHDORFER, INC. AND HAVE INSTRUCTED OUR CLAIMS DIVISION TO DISTRIBUTE THE FUNDS ON DEPOSIT TO THE EMPLOYEES INVOLVED.

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