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B-217344 1 (1985-06-07)

handle is hein.gao/gaobadmcs0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . OP THE UNITEO 8TATEN WASHINGTON. 0.C. 20548 FILE: B-217344 DATE: June 7, 1985 MATTER OF: Steel Erectors, Inc. - Davis-Bacon Act Debarment DIGEST: The Department of Labor recommended debarment of a contractor under the Davis-Bacon Act because the contractor had falsified certified payroll records, and failed to pay its employees overtime compensation. Based on our independent review of the record in this matter, we conclude that the contractor disregarded its obligations to.its employees under the Act. There was a substantial violation of the Act in that the underpayment of employees was intentional. Therefore, the contractor will be debarred under the Act. The Assistant Administrator, Employment Standards Administration, United States Department of Labor (DOL), by a letter to the Comptroller General, dated July 12, 1984, has recommended that the names of Gary Gregory, individually and as owner of Steel Erectors, Inc., and of Steel Erectors, Inc., be placed on the debarred bidders list for violations of the Davis-Bacon Act, 40 U.S.C. §§ 276a to 276a-5 (1982) and the Contract Work Hours and Safety Standards Act, 40 U.S.C. SS 327-332 (1982). For the following reasons, we concur with DOL's recommendation, order its implementation, and further order that the tunds on deposit with our office in this matter be distributed to the workers involved. Steel Erectors performed work under contract number DE-AC04-82AL18822, with the Department of Energy for con- struction of a building at the Rocky Flats Plant, Golden, Colorado. The contract was subject to the Davis-Bacon Act requirements that certain minimum wages be paid. Further, pursuant to 29 C.F.R. S 5.5(2) (1984), the contractor was to submit payroll records certified as to correctness and completeness. The DOL found as a result of an investigation that employees were not paid the minimum wages required pursuant to the Davis-Bacon Act. Further, DOL found that certified payrolls were falsified and incomplete, and that employees were not paid overtime compensation under the Contract Work Hours and Safety Standards Act. The DOL notified Steel

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