[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8666-8667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5048]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
Rampart Electric, Inc., Debarment
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Notice of debarment, Rampart Electric, Inc.
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SUMMARY: This notice advises of the debarment of Rampart Electric, Inc.
(hereafter ``Rampart''), as an eligible bidder on Government contracts
and subcontracts and federally assisted construction contracts and
subcontracts. The debarment is effective immediately.
FOR FURTHER INFORMATION CONTACT:
Annie Blackwell, Director Program Policy, Office of Federal Contract
Compliance Programs, U.S. Department of Labor, 200 Constitution Ave.,
NW, Room C-3325, Washington, DC. 20210 (202-219-9430).
SUPPLEMENTARY INFORMATION: On September 11, 1995, pursuant to 41 CFR
60-30.30, the Secretary of Labor issued a Final Decision and Order of
Debarment and Related Sanctions: (1) Finding Rampart in violation of
Executive Order 11246, as amended, and its implementing regulations;
(2) cancelling all Federal contracts and subcontracts and all federally
assisted construction contracts and subcontracts of Rampart, and of its
officers, (including Jeff Dwyer a/k/a Jeff Droyer and Jeff Dryer),
agents, servants, employees, direct or beneficial owners, divisions or
subsidiaries, and of those persons in active concert or participation
with them who receive actual notice of the order by personal service or
otherwise; declaring Rampart ineligible for extensions or other
modifications of any existing Government contracts or subcontracts; and
declaring Rampart 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 order by personal service or otherwise, ineligible
for the award of any Government contracts or subcontracts until Rampart
satisfies the Deputy Assistant Secretary for Federal Contract
Compliance Programs that is in compliance with Executive Order 11246,
as amended. A copy of the Decision and Order is attached.
Signed October 26, 1995, Washington, DC.
Shirley J. Wilcher,
Deputy Assistant Secretary For Federal Contract Compliance Programs.
U.S. Department of Labor
Secretary of Labor, Washington, DC
Date: September 11, 1995
Case No. 89-OFC-14.
In the Matter of Office of Federal Contract Compliance Programs,
United States Department of Labor, Plaintiff v. Rampart Electric,
Inc., Defendant.
Before: The Secretary of Labor
Final Decision and Order of Debarment and Related Sanctions
This proceeding arises under Executive Order No. 11,246, 3 CFR 339
(1964-65), reprinted as amended in 42 U.S.C. 2000e note (1988). Upon
the Defendant's failure to respond and participate in these
proceedings, the Administrative Law Judge (ALJ) issued a [Recommended]
Decision and Order (R.D. and O.), holding that the Defendant had
thereby admitted the material allegations of fact in Plaintiff Office
of Federal Contract Compliance's (OFCCP's) Administrative Complaint and
had waived its right to a hearing. The ALJ recommended cancellation,
termination, and suspension of existing Government contracts\1\ and
federally assisted construction contracts, ineligibility for the
receipt of future Government contracts and federally assisted
construction contracts, and prohibition against extensions or other
modifications of current contracts. R.D. and O. at 3.
\1\ Contracts also connote subcontracts. See 41 CFR 60-1.3
(1995) (definitions of contract, contractor, federally assisted
construction contract, government contract, prime contractor,
subcontract, subcontractor); 41 CFR 60-4.1.
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After referring to the Defendant's failures to respond to the ALJ's
Notice of Docketing and the Show Cause Order directing the Defendant to
show why its failure to file either an answer to OFCCP's complaint or
to the Notice of Docketing should not constitute an admission of
OFCCP's allegations under 41 CFR 60-30.6, the ALJ held the following:
Defendants [sic] persistent refusal to pursue this matter has
left this forum no alternative other than to find that it has
ADMITTED all the material allegations of fact contained in the
complaint and has hereby WAIVED its right to a hearing on this
matter. Accordingly it is FOUND that:
1. Defendant Rampart Electric, Inc., at all times material
hereto, has been a corporation engaged in construction, and has
maintained corporate offices at 6605 Alberta Drive, Colorado
Springs, Colorado 80918.
2. Defendant, at all times material hereto, has had a contract
with the Army and Air Force Exchange Service as the subcontractor in
an expansion project in Colorado Springs, Colorado, the value of
which was in excess of $10,000. Defendant was therefore a Government
contractor within the meaning
[[Page 8667]]
of Executive Order (E.O.) 11246, and was subject to the contractual
obligations imposed on Government Contractors by E.O. 11246, and the
implementing regulations, including the regulations found at 41 CFR
Part 60-4 (affirmative action requirements for construction
contractors and subcontractors).
3. A compliance review under E.O. 11246 was conducted. On June
21, 1987, plaintiff notified defendant of the problem areas which
were identified in the compliance review. * * *
4. On July 17, 1987, defendant entered into a Conciliation
Agreement with OFCCP, committing defendant to submit Monthly
Manpower Utilization Reports (Standard Form CC-257) to OFCCP. * * *
5. Defendant failed to submit the required Monthly Manpower
Utilization Reports (Standard Form CC-257), as provided for in the
Conciliation Agreement.
6. OFCCP unsuccessfully attempted to secure the reports and
defendant's compliance through means of conciliation and persuasion.
7. On January 28, 1989, OFCCP sent defendant a notice to show
cause pursuant to 41 CFR 60-4.8 to which defendant failed to respond
with (sic) 15 days. * * *
8. Defendant continues to refuse to submit the reports which
were due and is in violation of E.O. 11246, the implementing
regulations and its Conciliation Agreement.
R.D. and O. at 1-2.
Although the Defendant's failure to file an answer constituted an
admission of OFCCP's complaint allegations, 41 CFR 60-30.6(b), a waiver
of hearing and a lawful basis for the ALJ's subsequent adoption of
OFCCP's material facts as alleged in its complaint, 412 CFR 60-30.6(c),
the Defendant was further provided ``an opportunity to file exceptions
to (the R.D. and O.) and to file briefs in support of the exceptions.''
41 CFR 60-30.6(c). The Defendant made no such filings with the
Secretary.
The Office of Administrative Appeals (OAA) subsequently issued an
Order to Ensure Service and Establish Briefing Schedule in response to
Plaintiff's Motion for Entry of Default Judgment and Entry of
Sanctions. Defendant did not reply to OAA's order and the document was
returned with a notation (without attribution) that the Defendant had
moved.\2\
\2\ Review of the various documents in the record reveals that
the name of Rampart Electric's President, Jeff Dwyer, has been
spelled three different ways. The Conciliation Agreement is signed
by ``Joni Dwyer for'' the typed name ``Jeff Dwyer.'' The
certificates of service in the Administrative Complaint, the Notice
of Docketing and the Order to Show Cause refer to him as ``Jeff
Droyer.'' The certificates of service in the Motion for Judgment on
the Pleadings and the R.D. and O. list him as ``Jeff Dryer.'' The
certificate of service in Plaintiff's Motion for Entry of Default
Judgment and Entry of Sanctions and OAA's Order to Ensure Service
and Establish Briefing Schedule refer to ``Jeff Dwyer.'' All
documents refer to him as President of Rampart Electric at 6605
Alberta Drive, Colorado Springs, Colorado. Subsequent inquiries,
including communications with the Colorado Secretary of State, have
been unable to locate Mr. Dwyer and/or Rampart Electric.
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I agree with the R.D. and O. and OFCCP's motion for entry of a
default judgment and sanctions. Accordingly, I enter this default
judgment and order sanctions, including debarment, for the Defendant's
breach of its Conciliation Agreement to submit Monthly Manpower
Utilization Reports necessary to measure compliance thereunder; its
failure to respond to OFCCP's attempts to secure these reports through
conciliation and persuasion and to respond to OFCCP's notice of
violations; and its repeated failures to participate in the ALJ
proceeding. Debarment and other procurement-related sanctions are
authorized for both substantive and procedural violations of the
Executive Order and implementing regulations. Uniroyal, Inc. v.
Marshall, 482 F. Supp. 364, 371-75 (D.D.C. 1979); OFCCP v. Milwaukee
Fence Co., Case No. 91-OFC-3, Sec. Dec. and Fin. Admin. Ord., Oct. 6,
1992, slip op. at 1-4; OFCCP v. Disposable Safety Wear Inc., Case No.
92-OFC-11, Sec. Dec. and Fin. Admin. Ord., Sept. 29, 1992, slip op. at
1-6, 13.
Accordingly, I make the following ORDER:
1. All federal contracts and subcontracts and federally assisted
construction contracts and subcontracts of Defendant, Rampart Electric,
Inc., its successors, officers, agents, servants, employees, direct or
beneficial owners, divisions or subsidiaries and those persons acting
in concern with them shall be canceled, terminated and suspended; and
2. Defendant, Rampart Electric, Inc., its successors, officers,
agents, servants, employees, direct or beneficial owners, divisions or
subsidiaries and those persons in active concert or participation with
them shall be ineligible for the award of new federal contracts and
subcontracts or federally assisted construction contracts or
subcontracts or the extension or modification of any such existing
contracts or subcontracts.
These sanctions shall be implemented and shall remain in effect
until such time as Defendant, Rampart Electric, Inc., its officers,
agents,\3\ servants, employees, direct or beneficial owners, divisions
or subsidiaries, successors or assigns, and those persons in active
concert or participation with them have satisfied the OFCCP Director,
pursuant to 41 CFR 60-1.31, that Defendant is in compliance with the
provisions of Executive Order No. 11,246, as amended, and the rules and
regulations issued thereunder.
\3\ ``Officers'' and ``agents'' in this Order include Jeff
Dwyer, a/k/a Jeff Droyer and Jeff Dryer in various portions of the
record.
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So Ordered.
Washington, DC.
Robert B. Reich,
Secretary of Labor.
Certificate of Service
Case Name: OFCCP, USDOL v. Rampart Electric, Inc.
Case No: 89-OFC-14.
Document: Final Decision and Order of Debarment and Related
Sanctions.
A copy of the above-referenced document was sent to the following
persons on September 11, 1995.
Kathleen Gorham,
Certified Mail
Jeff Dwyer, President, (a/k/a/ Jeff Droyer, Jeff Dryer), Rampart
Electric, Inc., 6605 Alberta Drive, Colorado Springs, CO 80910
Corporation Section, Colorado Secretary of State, 1560 Broadway,
Suite, 200, Denver, CO 80202
Business Regulation Unit, Colorado Attorney General, 1525 Sherman
Street, 5th Fl., Denver, CO 80203
Legal Services Unit (Public Contracts), Colorado Attorney General,
1525 Sherman Street, 5th Fl., Denver, CO 80203
Tedrick A. Housh, Jr., Regional Solicitor/USDOL, 1585 Federal Bldg.,
1961 Stout Street, Denver, CO 80294, Attn: Henry C. Mahlman, S.
Lorrie Ray
Hand Delivered
James Henry, Associate Solicitor, Civil Rights Division/SOL, U.S.
Department of Labor, Room N-2464, 200 Constitution Avenue, NW.,
Washington, DC 20210
Heidi Finger, Esq., Willie Alexander, Esq., Civil Rights Division/
SOL, U.S. Department of Labor, Room N-2464, 200 Constitution Avenue,
NW., Washington, DC 20210
Diane A. Heim, Esq., Heather A. Joys, Esq., Civil Rights Division/
SOL, U.S. Department of Labor, Room N-2464, Washington, DC 20210
Regular Mail
Hon. John M. Vittone, Acting Chief Administrative Law Judge, Office
of Administrative Law Judge, 800 K Street, Suite 400, Washington, DC
20001-8002
[FR Doc. 96-5048 Filed 3-4-96; 8:45 am]
BILLING CODE 4510-27-M
