[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