In re: WD 94-2289 (Rev-5)
Contract No. DACW 38-97-C-0016
Warren County, Mississippi
ORDER
On March 6, 1998, the Administrative Review Board received from Swetman
Security Service, Inc. (Swetman), a request for review (Petition) of a letter from the Wage and Hour
Division in a conformance action. On March 26, 1998, the Board issued a Notice of Appeal and
Order Establishing Briefing Schedule (Order). The Order required the Administrator, Wage and
Hour Division, to file the administrative record of the case and a brief on or before April 27, 1998,
and Swetman to file a reply brief on or before May 28, 1998. On April 27, the Acting Administrator
filed a Motion to Dismiss Petition for Review, asserting that "there has been no final agency
action concerning the issue raised in the Petition for Review and, thus, it is not ripe for review by
the Board." On May 28, 1998, the Acting Administrator filed a Motion to File Out of Time
a Request to Suspend the Briefing Order. On June 1, 1998, Swetman filed a response to the Acting
Administrator's Motion to Dismiss. We issue this order to respond to the two motions filed by the
Acting Administrator, and to clarify Board requirements.
BACKGROUND
The facts regarding this matter, insofar as they are discernable based upon the
scanty information provided to us, are as follows. Swetman is the contractor with the U.S. Army
Corps of Engineers (Corps or ACOE) on Contract No. DACW 38-97-C-0016, a federal service
contract, which commenced on March 16, 1997. In November 1997 the Corps requested that the
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Wage and Hour Division approve additional job titles and wage rates for use on the procurement,
using the Division's conformance process. See 29 C.F.R. §4.6(b). On December 22,
1997, Nila J. Stovall, Chief of the Branch of Service Contracts Wage Determinations, responded to
that request. Petition, Exhibit (Ex.) A. One requested classification was denied.1 With regard to other matters, the December
22 letter stated: