Rampart Electric, Inc., Debarment

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