Date: January 30, 1997
Case No.: 86-DBA-49

In the Matter of:

Disputes concerning the payment of
prevailing wage rates and overtime by:

KILLEEN ELECTRIC COMPANY, INC.,
    Subcontractor,

    and

Proposed debarment for labor standards violations by:

KILLEEN ELECTRIC COMPANY, INC.,
    Subcontractor,

DELORES SOLIS,
    President,

    and

JOEL L. SOLIS,
    Treasurer.

With respect to laborers and mechanics employed by the
subcontractor on U.S. Army Corps of Engineers Contract
Nos. DACA-56-83-C-0040, Vance AFB, Enid, Oklahoma;
DACA-56-82-C-0032, Kirkland, AFB, Albuquerque,
New Mexico; DACA-63-83-C-0164, Goodfellow AFB,
San Angelo, Texas; DACA-63-83-C-0059, Reese AFB,
Texas; and Army and Air Force Exchange Service Contract
No. HQ-82-PRS-105, Fort Hood, Texas.

    The undersigned issued an Order on December 12, 1996, ruling that this matter would be reassigned to another administrative law judge for a hearing on the merits. On

January 2, 1997, Defendants' filed a request for an additional ruling, stating that the previous debarment order of Judge Lindeman had already been enforced and requesting that I rule that Plaintiff may not seek debarment in the further proceedings. On January 9, 1997, Plaintiff responded to Respondents' motion, stating that no General Services Administration record exists to indicate that Respondents were ever disbarred from the procurement of federal contracts.

    As there are material facts in dispute, a summary disposition of this matter would be inappropriate. See 29 C.F.R. § 18.41. Accordingly, Respondents' request for an additional ruling, holding that debarment may not be sought in further proceedings, is DENIED.

      JOHN M. VITTONE
      Chief Administrative Law Judge

JMV/cy