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B-221636 1 (1986-04-07)

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UNITED STATES GENERAL ACCOUNTING OFFICE
        WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL


B-221636


April 7, 1986


Sylvester L. Green, Director
Contracts Standards Operations
U.S. Department of Labor
Room S 3518
200 Constitution Avenue, N.W.
Washington, D.C.  20210


Subject:


Dodds-Howard - Joint Venture - Prime Contractor
  Denver, Colorado
Roberts Interiors - Subcontractor
  Denver, Colorado
Green Acres Turf Farm - Subcontractor
  Henderson, Colorado
Contract No. GS-08B-07999
Your File No. COL-77-693


Dear Mr. Green:

     By letter dated April  5, 1982, you requested that we
distribute funds to wage claimants,  that were withheld from
monies due these firms  from contract payments for violations
of the Davis-Bacon Act 40 U.S.C.  §§ 276a to 276a-5 (1982).
On the issue of possible debarment you  concluded that the
Department of Labor  (DOL), does not consider further adminis-
trative action necessary.


     Briefly, the facts are  that the above-listed employers
failed to pay the applicable prevailing  wage rate.  When
advised of the violations, none of  the firms agreed to pay
back wages, thus, precipitating  the withholding of wages from
contract money due.

     Debarment is not recommended  by the contracting agency
or DOL.  The reason indicated was  the fact that the violations
occurred more than 5 years prior  to completion of the investi-
gation and transfer of wage payments  here.  We concur with
your recommendation that further administrative  action not be
pursued.







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