[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)]
[Notices]
[Pages 56248-56249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27984]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
Pacific Coast Feather Co., Debarment
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Notice of debarment, Pacific Coast Feather Co.
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SUMMARY: This notice advises that Pacific Coast Feather Co. (hereafter
``Pacific Coast''), will be barred as an eligible bidder on future
Government contracts, subcontracts or federally assisted construction
contracts for a period of three years from the effective date of the
Consent Decree.
FOR FURTHER INFORMATION CONTACT:
Joe N. Kennedy, Deputy Director, Office of Federal Contract Compliance
Programs, U.S. Department of Labor, 200 Constitution Ave. NW., Room C-
3325, Washington, D.C. 20210 (202-219-9430).
SUPPLEMENTARY INFORMATION: On May 2, 1996, pursuant to 41 CFR 60-
30.13(a), the Chief Administrative Law Judge approved the decree
consented to by the parties. The Consent Decree and the approval
constitute the final Administrative Order in this case and declares
Pacific Coast and its successors, officers, agents, servants,
employees, direct or beneficial owners, divisions or subsidiaries, and
those persons in active concert or participation with them who receive
actual notice of the decree and order by personal service or otherwise,
ineligible for the award of any Government contracts, subcontracts or
federally assisted construction contracts for a period of three years
and continuing thereafter until Pacific Coast satisfies the Deputy
Assistant Secretary for Federal Contract Compliance Programs that is in
compliance with Executive Order 11246, as amended. A copy of the Final
Administrative Order is attached.
Signed October 22, 1996, Washington, D.C.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance Programs.
Rochelle Kleinberg,
Associate Regional Solicitor, Office of the Solicitor, U.S.
Department of Labor, 1111 Third Avenue, Suite 945, Seattle,
Washington 98101-3212, (206) 553-0940
United States Department of Labor, Office of Administrative Law
Judges
Office of Federal Contract Compliance Programs, United States
Department of Labor, Plaintiff v. Pacific Coast Feather Company,
Defendant. Case No. 96-OFC-7.
Consent Decree
This Consent Decree is entered into between the Plaintiff, United
States Department of Labor, Office of Federal Contract Programs
(hereinafter ``OFCCP''), and Defendant, Pacific Coast Feather Company
(hereinafter ``Defendant'') in resolution of the Administrative
Complaint filed by OFCCP pursuant to Executive Order No. 11246 (30 FR
12319), as amended by Executive Order No. 11375 (32 FR 14303) and
Executive Order 12086 (43 FR 46501) (``Executive Order''), Section 503
of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793 (``Section
503''), and Section 4212 of the Vietnam Era Veterans' Readjustment
Assistance Act, 38 U.S.C. Sec. 4212. The Administrative Complaint
alleged that Defendant failed to develop, maintain or update a current
affirmative action plan (hereinafter ``AAP'') as required by 41 CFR 60-
1-40.
Part A. General Provisions
1. The entire record on the basis of which this Consent Decree is
entered shall consist of the Complaint and the Consent Decree.
2. This Consent Decree shall not become final until it has been
signed by the Administrative Law Judge and the effective date of the
Decree shall be the date it is signed by the Administrative Law Judge.
3. This Consent Decree shall be binding upon Defendant and any and
all purchasers, successors, assignees, and/or transferees, and shall
have the same force and effect as an order made after a full hearing.
4. All further procedural steps to contest the binding effect of
the Consent Decree, and any right to challenge or contest the
obligations entered into in accordance with the agreement contained in
this Decree, are waived by the parties.
5. Nothing herein is intended to relieve Defendant from compliance
with the requirements of the Executive Order, Section 503, VEVRA or
their
[[Page 56249]]
regulations, nor to limit OFCCP's right to review Defendant's
compliance with such requirements should Defendant become a government
contractor again in the future.
Part B. Jurisdiction and Procedural History
6. On March 31, 1995 OFCCP notified Defendant that it had been
selected for a compliance review.
7. During the course of the compliance review Defendant indicated
it had not created an affirmative action plan.
8. On February 15, 1996 OFCCP issued a show cause notice.
9. Defendant orally informed OFCCP that it chose to not do business
with the government in lieu of developing and maintaining an AAP.
Part C. Specific Provisions
The parties desire to enter into a just and reasonable resolution
of this matter without further proceedings. To that end, they have
negotiated in good faith and have executed this Consent Decree with the
following specific provisions:
Debarment Period
10. Defendant agrees that it will be barred from bidding for or
entering into future government contracts, subcontracts or federally
assisted construction contracts for a period of three years from the
effective date of this Consent Decree. This three-year debarment period
shall be effective against Defendant and its officers, agents,
servants, employees, successors, divisions and subsidiaries and those
persons in active concert or participation with them.
11. Notice of the debarment shall be printed in the Federal
Register. In addition, OFCCP shall notify the Comptroller General of
the United States General Accounting Office and all federal contracting
offices that Defendant is ineligible for the award of any government
contracts, subcontracts or federally assisted construction contracts.
12. The debarment shall be lifted at the conclusion of the three-
year period once Defendant satisfies the Director of OFCCP that it is
in compliance with para. 13 below.
13. In order to satisfy the Director of OFCCP that it is in
compliance with the Executive Order, Section 503, VEVRA and their
implementing regulations, Defendant must accomplish the following:
a. Defendant must develop and maintain a current affirmative action
plan as required by 41 CFR 60-1-40.
14. If OFCCP finds that Defendant has complied with the terms of
this Consent Decree, the debarment shall be lifted after the three-year
period and Defendant shall be free to enter into future government
contracts, subcontracts and federally assisted construction contracts.
OFCCP will notify Defendant in writing within 90 days of the submission
of the AAP whether it will be reinstated. Notice of the reinstatement
shall be printed in the Federal Register and shall be made to the
Comptroller General of the General Accounting Office and all federal
contracting officers.
15. If OFCCP finds that Defendant has not complied with the terms
of the Consent Decree, OFCCP will notify Defendant in writing within 90
days of the submission of the proposed AAP that the debarment shall not
be lifted. The debarment shall remain in effect until Defendant submits
to OFCCP an acceptable AAP containing the information required by 41
CFR 60-1-40.
Part D. Implementation and Enforcement of the Decree
16. Jurisdiction, including the authority to issue any additional
orders or decrees necessary to effectuate the implementation of the
provisions of this Consent Decree, is retained by the Office of
Administrative Law Judges for a period of nine months from the date
this Consent Decree becomes final. If any motion is pending before the
Administrative Law Judges nine months from the date this Consent Decree
becomes final, jurisdiction shall continue beyond nine months and until
such time as the pending motion is finally resolved.
17. The Agreement, herein set forth, is hereby approved and shall
constitute the final Administrative Order in this case.
It is so Ordered, this 2nd day of May, 1996.
John M. Vittone,
Administrative Law Judge, U.S. Department of Labor.
So agreed.
On behalf of Pacific Coast Feather Company.
Date: April 9, 1996.
Eric Moen,
Senior Vice President, Chief Financial Officer.
On behalf of the Office of Federal Contract Compliance Programs.
J. Davitt McAteer,
Acting Solicitor of Labor.
Daniel W. Teehan,
Regional Solicitor.
Date: April 2, 1996.
Rochelle Kleinberg,
Associate Regional Solicitor.
Service Sheet
Case Name: Pacific Coast Feather Company.
Case No.: 96-OFC-7.
Title of Document: Consent decree.
A copy of the above document was mailed to the following
individuals on May 3, 1996.
James D. Henry,
Associate Solicitor, U.S. Department of Labor, Room N-2464, FPB, 200
Constitution Avenue, N.W., Washington, D.C. 20210.
Daniel W. Teehan,
Regional Solicitor, Office of the Solicitor, U.S. Department of Labor,
71 Stevenson Street, Room 1110, 11th Floor, San Francisco, CA 94105.
Rochelle Kleinberg,
Associate Regional Solicitor, Office of the Solicitor, U.S. Department
of Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101-32212.
Pacific Coast Feather Company,
1964 4th Avenue S., Seattle, WA 98134.
J. Davitt McAteer,
Acting Solicitor of Labor, U.S. Department of Labor, Room S-2002, FPB,
200 Constitution Avenue, N.W., Washington, D.C. 20210.
Karen A. Tanavage,
Secretary.
[FR Doc. 96-27984 Filed 10-30-96; 8:45 am]
BILLING CODE 4510-27-M
