DATE: October 21, 1993
CASE NO. 91-SCA-41
IN THE MATTER OF:
SECRETARY
U.S. DEPARTMENT OF LABOR
Complainant
against
UNITED INTERNATIONAL INVESTIGATIVE
SERVICES, INC., AND WILLIAM J. GUIDICE
Respondents
Before: JOAN HUDDY ROSENZWEIG
Administrative Law Judge
DECISION AND ORDER
This matter arises under the McNamara-O'Hara Service
Contract Act of 1965, as amended, 41 U.S.C. § 351, et
seq., and the regulations issued thereunder at 29 C.F.R.
Parts 4 and 6.
The parties having filed consent findings, which are
attached hereto and incorporated herein, it is ORDERED
that $22,341.31 be released to the Wage and Hour Division, United
States Department of Labor, for distribution to Respondents'
employees, in addition to the sum of $12,380.38, which has
already been paid to Respondents' employees, for a total sum of
$34,721.69.
There is also pending before the Office of Administrative
Law Judges, United States Department of Labor, another proceeding
between Complainant and Respondents: Case No 92-SCA-31. Case
No. 92-SCA-31 was tried in January and February 1993, the parties
have submitted post-trial briefs, and a decision is pending.
Both Case No. 92-SCA-31 and the instant proceeding arise under
the SCAct and the CWHSSAct and allege similar or identical
violations of the same statutory requirements, albeit on
different contracts in different locations.
In both Case No. 92-SCA-31 and the instant case, Complainant
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seeks Respondents' debarment from further Federal contracts
pursuant to section 5 of the SCAct: i.e. the placement of
Respondents and any firm, corporation, partnership, or
association in which either of them has a substantial interest to
be ineligible for the award of any contract with the United
States until three years have elapsed from the date of
publication by the Comptroller General of a list containing their
names, all as outlined in section 5 of the SCAct.
Complainant and Respondents agree and it is hereby
ORDERED that the debarment decision rendered in Case No.
92-SCA-31, after all appeal rights have been exhausted, will bind
the parties and be adopted as the debarment decision in the
instant proceeding.
________________________
JOAN HUDDY ROSENZWEIG
Administrative Law Judge
Boston, Massachusetts
