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B-177185 1 (1972-12-04)

handle is hein.gao/gaobabkjn0001 and id is 1 raw text is: -4 0 l COMPrTiJ*I IP43ENERAL OF THE UNITED STATES3 WASHINGTON, D.C. 20546 b. kept by the 9istrihbu o0 ectio .......... a heg '8 O g3-177185 ReELon, srewj C, Uc 1972 B ~~~o - t 8S O e e~Ons 'ralchy OAS /7 Dear Mr. Chairman: In response to your letter request of September 25,,.1972, we have inquired into Mr. Morris Evanson's complaints of ir- re g r-i-tes in the performance of a painting contract at Fort Ord, CaliforniJ iWe*discussed the trtesu'l-t of our inquiry with your office on October 27, 1972, and, as agreed, we are submitting this report to you. We met in San Francisco with Mr. Evanson, who is the sec- retary of the Painters Local Union No. 4, and with Mr. Douglas Page, the union's attorney. We also obtained information from the Fort Ord Contracting Officer and the 6th Army Chief of Procurement. Mr. Evanson's complaints can be summarized as follows. The painting contractor at Fort Ord (1) paid less than the prevailing union wages, (2) employed aliens who were ille- gally in this country, and (3) did not comply with contract terms regarding preparatory work and the application of paint. Regarding the first complaint, we found that the paint- ing contract in question was awarded during the brief period when the President of the United States had suspended the wage determination provisions of the Davis-Bacon Act. Con- sequently, the contractor was not required to pay the prevail- ing wages. Regarding aliens being illegally in this country, Mr. Evanson had no specific information regarding any such individual. And, regarding noncompliance with contract terms, Mr. Evanson gave us no leads relative to any specific work or to any individual who might be knowledgeable of violations. Our discussions with Mr. Evanson brought out that his primary concern was having the painting contractor pay the union $17,493 for nonpayment of fringe benefits to the Bay Area Painters Trust Fund and pay for audit cost, liquidated damages, and attorney fees. We found that this issue is the subject of a civil suit now before the Superior Court of Cali- fornia in San Francisco. We, accordingly, advised him that there appeared to be no basis for a General Accounting Office review of any of the matters raised by him. The union's

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