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B-209979 1 (1983-08-31)

handle is hein.gao/gaobadlhe0001 and id is 1 raw text is: THE COMPTROLLER GENERAL / DECI3ION .(fl -- oF THE UNITED STATES ~WASHINGTON. 0. C. 20548 ~ITO FILE: B-209979 DATE: August 31, 1983 MATTER OF: MBS Maintenance, Inc. DIGEST: Subcontractor requesting to be removed from debarred bidders list, who submitted statement from one employee explaining reason for underpayment of wages, has not submitted evidence sufficient to overcome corroborated statements by other employees that they had been underpaid. Mr. Michael Lewkowicz, president of MBS Maintenance, Inc. (MBS), requests reconsideration of the February 1, 1983, debarment of himself and MBS for violation of the Davis-Bacon Act, 40 U.S.C. § 276a (1976). By way of background, there follows a brief history of the events leading up to the debarment. Army contract No. DACA51-79-C-0072, for the construction of the Physical Science Laboratory at the Picatinny Arsenal, Dover, New Jersey, was awarded to Juno Construction Corporation (Juno) on May 18, 1979. The contract contained the provisions and stipulations required by section 1 of the Davis-Bacon Act, 40 U.S.C. § 276a (1976), a portion of which requires that laborers and mechanics employed in the performance of the contract be paid a prevailing wage rate as determined by the Secretary of Labor. Wage decision NJ78-3009 dated April 21, 1978, was included in the contract. Section 3(a) of the Davis-Bacon Act, 40 U.S.C. § 276a-2(a) (1976), authorizes the Comptroller General to debdr for a period of 3 years any firms or persons found to have disregarded their obligations to employees. Also, the contract contained a requirement that the contractor submit on a weekly basis a certified copy of the firm's payrolls to the contracting agency, the certification to affirm that the payrolls are correct and complete, and that the wage rates paid are not less than -those contained in the wage determination. On July 9, 1979, Juno awarded a subcontract to MBS for the electrical work. The president of MBS, Mr. Michael Lewkowicz, signed an acknowledgment that the above-mentioned provisions were incorporated into the subcontract.

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