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B-219039 1 (1985-11-22)

handle is hein.gao/gaobacvtb0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL B-219039 November 22, 1985 Sylvester L. Green, Director Contract Standards Operations U. S. Department of Labor Room S3518 200 Constitution Avenue, N.W. Washington, D.C. 20210 Dear Mr. Green: Subject: T. H. Conklin & Son, Inc. Virginia Beach, Virginia Contract No. N62470-83-C-5028 Your File No. VA-85-19 By a letter dated April 8, 1985, you requested that the General Accounting Office disburse funds withheld from T. H. Conklin & Son, Inc. (T. H. Conklin), for violations of theyDavis-Bacon Act, 40 U.S.C. S 276aito 276a-5 (1982). As to whether T. H. Conklin should be placed on the inelig- ible bidders list for these violations, you concluded that in view of the circumstances, the Department of Labor (DOL) was taking no further action. T. H. Conklin performed work under contract N62470- 83-C-5028 with the Department of the Navy (Navy) doing repairs to piers and quaywalls at the Naval Amphibious Base, Little Creek, Virginia Beach, Virginia. This con- tract was subject to theybavis-Bacon Act requirements that certain minimum wages be paid. Further, pursuant to /29 C.F.R. S 5.5(a) (1985),.the contractor was required to pay these wages based upon the classification of work actually performed--except for certain apprentices and trainees not involved here. The DOL found as a result of an investigation that T. H. Conklin failed to properly classify its employees and pay the proper overtime compensation. The investigation concluded that T. H. Conklin owed five employees $9,000.46 in back wages. When advised of these violations, T. H. Conklin made restitution to the employees who could be 0(02&q7'9

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