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B-201631 1 (1981-07-17)

handle is hein.gao/gaobadjoi0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WNASHINGTON, 0. C. 20548 FILE: B-201631 DATE: July 17, 1981 MATTER OF: Granite Construction Company DIGEST: 1. Contract Work Ho urs and Safety Act underpayments are not for determination by GAO. 2. Reference to subcontractor in clauses in prime contract indicating that Davis- Bacon wages are applicable to subcon- tractor employees is not controlling, since legislative history indicates that place where work is performed is important; therefore, whether someone performed as subcontractor is not material to ascer- tainment of status of its employees for coverage purposes. Granite Construction Company (Granite), the prime contractor on Bureau of Reclamation, Depart- ment of the Interior, contract No. 6-07-DC-71440, for construction of Mt. Elbert Forebay Dam and Reservoir, Fryingpan-Arkansas Project, Colorado, contends that it is not liable for the wage underpayment made by a second-tier subcontractor and requests payment of the $830.26 furnished to our Office from contract withholdings for distribution to the aggrieved *1employee. Of the $830.26 withheld, $745.20 represents Davis-Bacon Act, 40 U.S.C. § 276a et seq. (1976), underpayments and $85.06 represents Contract Work * Hours and Safety Standards Act (CWHSSA), 40 U.S.C. § 327 et seq. (1976), underpayments. Granite relies upon J. W. Bateson Co., Inc., et al. v. United States ex rel. Board of Trustees of the National Automatic Sprinkler Industry Pension Z/ .... -- , C,

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