Skip to Highlights
Highlights

WHILE A DECISION ON MOTION WAS STILL PENDING. GAO WAS INFORMED THAT DOL'S MOTION FOR RECONSIDERATION WAS DENIED. WILL RESOLVE THE DEBARMENT ISSUE AND RELATED MATTERS IN A FUTURE DECISION. ON THE SUBJECT CASE WHICH REQUESTS THAT PAYMENT BE MADE TO THE WORKERS INVOLVED AND STATES THAT THIS MATTER WILL BE SUBMITTED FOR DEBARMENT CONSIDERATION AT A LATER DATE. WE WILL TREAT THE DEBARMENT ISSUE IN A FUTURE DECISION. AS YOU ARE AWARE. WE HAVE INSTRUCTED OUR CLAIMS GROUP TO DISTRIBUTE THE FUNDS ON DEPOSIT WITH OUR OFFICE TO THE WORKERS INVOLVED IN ACCORDANCE WITH THE HONORABLE ELLIN M. WE NOTE THAT SINCE THE FUNDS ON DEPOSIT WITH OUR OFFICE ARE INSUFFICIENT TO SATISFY THE UNDERPAYMENTS LISTED IN THE FOREGOING CASE.

View Decision

B-218860, AUG 20, 1985, OFFICE OF GENERAL COUNSEL

CONTRACTS - LABOR STIPULATIONS - DAVIS-BACON ACT - WAGE UNDERPAYMENTS DIGEST: THE OFFICE OF THE SOLICITOR, DEPARTMENT OF LABOR (DOL), FILED A MOTION TO RECONSIDER A PORTION OF AN ADMINISTRATIVE LAW JUDGE'S PREVIOUS RECOMMENDED DECISION IN THIS DAVIS-BACON ACT CASE. WHILE A DECISION ON MOTION WAS STILL PENDING, THE WAGE AND HOUR DIVISION, DOL ASKED GAO TO PAY THE WORKERS INVOLVED. BY CERTIFIED MAIL, GAO GAVE NOTICE OF, AND AN OPPORTUNITY TO CONTACT THE PAYMENT ISSUE TO THE CONTRACTOR'S ATTORNEY. THE INTERIM, GAO WAS INFORMED THAT DOL'S MOTION FOR RECONSIDERATION WAS DENIED. SINCE THE CONTRACTOR'S ATTORNEY DID NOT RESPOND TO GAO WITHIN THE 20-DAY PERIOD GIVEN TO HIM BY THE LETTER, GAO ORDERED PAYMENT OF THE WORKERS INVOLVED, AND WILL RESOLVE THE DEBARMENT ISSUE AND RELATED MATTERS IN A FUTURE DECISION.

SYLVESTER L. GREEN, DIRECTOR: CONTRACT STANDARDS OPERATIONS U.S. DEPARTMENT OF LABOR ROOM S3518 200 CONSTITUTION AVENUE, N. W. WASHINGTON, D.C. 20210

SUBJECT: KAREN A. ROOPE AND WILLIAM A. ROOPE D/B/A ARK FARMS, LTD. EUGENE, OREGON CONTRACT NOS. 50-04H1-1-8685C AND 50-04T0 2-0627CN YOUR FILE NO. ORE-82-124

THE DEPARTMENT OF LABOR (DOL) HAS TRANSMITTED TO US A REPORT, DATED JANUARY 23, 1985, ON THE SUBJECT CASE WHICH REQUESTS THAT PAYMENT BE MADE TO THE WORKERS INVOLVED AND STATES THAT THIS MATTER WILL BE SUBMITTED FOR DEBARMENT CONSIDERATION AT A LATER DATE. OUR OFFICE HAS JUST RECEIVED DOL'S REPORT ON THE DEBARMENT ISSUE, DATED JULY 26, 1985. HOWEVER, IN ORDER TO EXPEDITE PAYMENT TO THE WORKERS INVOLVED, AND DUE TO QUESTIONS WHICH OUR OFFICE HAS CONSIDERED CONCERNING THE COMPLETENESS OF THE RECORD AND ADMINISTRATIVE PROCEDURES TO BE FOLLOWED IN THIS CASE, WE WILL TREAT THE DEBARMENT ISSUE IN A FUTURE DECISION.

AS YOU ARE AWARE, OUR OFFICE IN A CERTIFIED LETTER, B-218860, JULY 15, 1985, NOTIFIED MR. DAVID MOULE, THE ATTORNEY OF RECORD FOR ARK FARMS, LTD. THAT HE HAD TWENTY (20) CALENDAR DAYS AFTER HE RECEIVED THAT LETTER TO FILE AN OBJECTION TO OUR PROPOSED DISTRIBUTION OF THE FUNDS TO THE WORKERS INVOLVED. THE RECORD SHOWS THAT MR. MOULE'S OFFICE RECEIVED OUR LETTER ON JULY 23, 1985, AND AS OF AUGUST 12, 1985, THE 20TH DAY AFTER RECEIPT, OUR OFFICE HAS NOT RECEIVED ANY RESPONSE FROM HIM. THEREFORE, WE HAVE INSTRUCTED OUR CLAIMS GROUP TO DISTRIBUTE THE FUNDS ON DEPOSIT WITH OUR OFFICE TO THE WORKERS INVOLVED IN ACCORDANCE WITH THE HONORABLE ELLIN M. O'SHEA'S RECOMMENDED DECISION AND ORDER, DATED MAY 7, 1984, AND AMENDED RECOMMENDED ORDER DATED AUGUST 15, 1984, IN ARK FARMS, LTD., AND KAREN ROOPE, CASE NO. 83-DBA 25. WE NOTE THAT SINCE THE FUNDS ON DEPOSIT WITH OUR OFFICE ARE INSUFFICIENT TO SATISFY THE UNDERPAYMENTS LISTED IN THE FOREGOING CASE, THEY WILL BE DISTRIBUTED TO THE WORKERS ON A PRO-RATA BASIS IN ACCORDANCE WITH ESTABLISHED PROCEDURES. FURTHERMORE, WE ALSO NOTE THAT THE WORKERS HAVE A RIGHT TO FILE AN ACTION IN A UNITED STATES DISTRICT COURT AGAINST THE CONTRACTOR AND ITS SURETIES, IF ANY, UNDER SEC. 3(B) OF THE DAVIS-BACON ACT, 40 U.S.C. SEC. 276A-2(B) (1982), IN ORDER TO RECOVER THE FULL AMOUNT OF THEIR UNPAID WAGES.

IF THERE ARE ANY QUESTIONS CONCERNING THE PAYMENT PROCESS, PLEASE CONTACT MRS. PATRICIA BUNDY OF OUR CLAIMS GROUP AT (202) 275-3218.

AS NOTED ABOVE, WE WILL DEAL SEPARATELY WITH THE ISSUE OF DEBARMENT OF ARK FARMS, LTD., AND KAREN A. ROOPE, AND THE RELATED MATTER OF WHETHER WILLIAM A. ROOPE IS A PROPER PARTY IN THIS CASE DUE TO AN ALLEGED DEFECT IN SERVICE OF PROCESS.

GAO Contacts