[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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