41 U.S.C. § 354 : US Code - Section 354: List of violators; prohibition of contract award to firms appearing on list; actions to recover underpayments; payment of sums recovered

Search 41 U.S.C. § 354 : US Code - Section 354: List of violators; prohibition of contract award to firms appearing on list; actions to recover underpayments; payment of sums recovered

(a) The Comptroller General is directed to distribute a list to
all agencies of the Government giving the names of persons or firms
that the Federal agencies or the Secretary have found to have
violated this chapter. Unless the Secretary otherwise recommends
because of unusual circumstances, no contract of the United States
shall be awarded to the persons or firms appearing on this list or
to any firm, corporation, partnership, or association in which such
persons or firms have a substantial interest until three years have
elapsed from the date of publication of the list containing the
name of such persons or firms. Where the Secretary does not
otherwise recommend because of unusual circumstances, he shall, not
later than ninety days after a hearing examiner has made a finding
of a violation of this chapter, forward to the Comptroller General
the name of the individual or firm found to have violated the
provisions of this chapter.
(b) If the accrued payments withheld under the terms of the
contract are insufficient to reimburse all service employees with
respect to whom there has been a failure to pay the compensation
required pursuant to this chapter, the United States may bring
action against the contractor, subcontractor, or any sureties in
any court of competent jurisdiction to recover the remaining amount
of underpayments. Any sums thus recovered by the United States
shall be held in the deposit fund and shall be paid, on order of
the Secretary, directly to the underpaid employee or employees. Any
sum not paid to an employee because of inability to do so within
three years shall be covered into the Treasury of the United States
as miscellaneous receipts.