AAA DESK PAINTERS, INC., 1981-SCA-1413 (Dep. Sec'y June 3, 1987)
CCASE:
AAA DESK PAINTERS INC. & J. COSTER'S ENTERPRISES
DDATE:
19870603
TTEXT:
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[1] U.S. DEPARTMENT OF LABOR
DEPUTY SECRETARY OF LABOR
WASHINGTON, D.C.
20210
DATE: June 3, 1987
CASE NO.: 81-SCA-1413
IN THE MATTER OF
AAA DESK PAINTERS, INC., a corporation; J. COSTER'S ENTERPRISES,
INC., a corporation; ROBERT CAPARELL and ALMA CAPARELL,
individually and as partners doing business as COSTER'S
ENTERPRISES, a partnership; REDIFORMED SALES CO., a corporation;
and RICHARD SPERAW also known as EDWARD SPERAW, individually,
Respondents.
BEFORE: THE DEPUTY SECRETARY OF LABOR
ORDER DENYING REQUEST TO REOPEN
Respondent's counsel submitted a letter dated April 16, 1987,
requesting relief from my February 24, 1987 Decision and Order.
/FN1/ This letter will be treated as a request to reopen the case.
Respondent does not dispute the findings of my February 24 order
but complains about the length of time before a decision was
issued. Respondent further asserts that the debarment imposed as a
result of my decision may be lifted, "[e]xcept as precluded by
statute," pursuant to 41 C.F.R. [sec] 1-1.604(c) and 1-1.605(b).
However, the McNamara-O'Hara Service Contract Act of 1965, as
amended (the Act), 41 U.S.C. [secs] 351-358 (1982), (and the
regulations thereunder, 29 C.F.R. [sec] 4.188(a) (1986)) provides
the limiting statutory
exception [1]
/FN1/ Respondent' s letter was not served upon the Associate
Solicitor, Division of Fair Labor Standards, United States
Department of Labor, nor the Administrator, Wage and Hour Division,
United States Department of Labor, as required by 29 C.F.R. [sec]
8.10(e) (1986). A copy is [NOT] appended to this order. [1]
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[2] contemplated by 41 C.F.R. [sec] 1.1-604(c). A three year period
of ineligibility to receive further Federal contracts is mandated
for those found to have violated the Act, absent a finding of
unusual circumstances. Further, prior to the Administrator's April
10, 1987, letter to the Comptroller General, Respondents' names had
not been placed upon the list of persons and firms ineligible to be
awarded government contracts as a result of this case, and no order
from this case has prevented Respondents from bidding on any
Government Contract before this date.
Accordingly, Respondent' s request to reopen this case IS
DENIED.
SO ORDERED. [Dennis E. Whitfield] Deputy Secretary of Labor
Washington, D. C. [2]
