Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington,
DC 20001-8002
(202) 565-5330 (202) 565-5325 (FAX)
Date Issued: April 6, 2000
Case Numbers: 2000-SCA-0001
2000-SCA-0002
In the Matter of
CM3 CORPORATION, VGA
ENTERPRISES, and VINCE
AKINS, JR.,
Respondents
DECISION AND ORDER
The above-captioned cases arise under the McNamara-O'Hara Service
Contract Act (SCA), 41 U.S.C. § 351 et seq, and the applicable
regulations issued at 29 C.F.R. Parts 4, 5, 6, and 18.
On October 28, 1999, the Department of Labor (DOL)
filed Complaints in this Office against Respondents alleging that
Respondents violated the above-mentioned Act and regulations. On
November 23, 1999 this Office issued a Notice of Docketing in each
case. This Office issued an Order consolidating the cases on
January 13, 2000. DOL filed a Motion for Default Judgment on
January 18, 2000. On January 27, 2000, this Office issued an Order
to Respondents to Show Cause why a default judgment should not be
entered in this matter. To date, Respondents have failed to file a
response to the Complaints or the Show Cause Order.
After considering Respondents' failure to respond
in this matter, it is hereby ORDERED that judgment by default
be entered in this case. The following facts, as set forth in the
Complaint, are adopted.
The United States Government awarded Respondents
the following contract, which contained the representations and
stipulations as required by the Act and regulations.
NUMBER PERIOD COVERED
DAKF23-97-C-0084 9/97 - 6/98 & 8/98 - 6/99
DACW27-97-C-0028 4/97 - 10/97 & 4/98 - 10/98
[Page 2]
During the period covered by the contract,
Respondents failed and refused to pay service employees working
under the contract minimum monetary wages and fringe benefits, and
failed to make and maintain accurate employee records as required by
regulations at 29 C.F.R. Part 4. Respondents owe a total of
$5,834.56 to the employees listed on the attached Schedule A for
contract number DAKF23-97-C-0084 and a total of $6,500.32 to Carl
Williams and Thelma Williams under contract number DACW27-97-C-0028.
By reason of the aforesaid breach of contract and
violation of the Act and regulations, Respondents have become
subject to section 5(a) of the Act (41 U.S.C. § 354(a)) whereby
Respondents and any firm, corporation, partnership, or association
in which they have a substantial interest may be denied the award of
any contract with the United States Government until three years
have elapsed from the date of publication by the Comptroller General
of an ineligibility list containing the names of the Respondents.
Since the record is devoid of any unusual circumstances to warrant
relieving Respondents from the ineligibility list, it is hereby
ORDERED that no affirmative action be taken to relieve
Respondents from the list.
