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B-221810 1 (1986-04-10)

handle is hein.gao/gaobadmha0001 and id is 1 raw text is: sTHE COMPTROLLER GENERAL OECISION . OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-221810 DATE: April 10, 1986 MATTER OF: M & P Painting - Davis-Bacon Act Debarment DIGEST: 1. 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 minimum wages and proper overtime compensation. Based on our independent review of the record in this matter, we conclude that the contractor disregarded its obliga- tions 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. 2. Where, as here, the funds on deposit with GAO which have been withheld by a contracting officer pursuant to S 1(a) of the Davis-Bacon Act, 40 U.S.C. S 276a(a) (1982), are insufficient to cover the amount due to the workers involved, the amount on deposit should be distributed among them on a pro- rata basis. The Assistant Administrator, Employment Standards Administration, United States Department of Labor (DOL), by letter dated November 19, 1985, recommended that M & P Painting and Melvin Peppas, individually and as owner, be placed on the ineligible bidders list for violations of the Davis-Bacon Act, 40 U.S.C. SS 276a to 276a-5 (1982), and the Contract Work Hours and Safety Standards Act, 40 U.S.C. SS 327-332 (1982). For the reasons that follow, we concur with DOL's recommendation, order its implementation, and further order that the funds on deposit with our Office in this matter be distributed to the workers involved. M & P Painting performed work under a contract (F04684-82-C0070) with the Department of the Air Force.

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