A-Mac Sales & Builders Co., Inc., 96-DBA-5 (ALJ July 11, 1996)

USDOL/OALJ Reporter
A-Mac Sales & Builders Co., Inc., 96-DBA-5 (ALJ July 11, 1996)

UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002

Date Issued: July 11, 1996

Case No.: 96-DBA-5

In the Matter of

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

A-MAC SALES AND BUILDERS CO., INC.
Prime Contractor

and

SEAWAY PLUMBING & HEATING, INC.
Subcontractor

With respect to laborers and mechanics employed by
SEAWAY PLUMBING AND HEATING, INC. on
Contract No. DACA 27-88-C-0121 for renovation
work of base housing unit Building 410, Selfridge
Air National Guard Base, Michigan

Before: JOHN M. VITTONE
Chief Administrative Law Judge

DECISION AND ORDER

This case arises under the Reorganization Plan No. 14 of 1950 (64

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Stat. 1267); the Davis Bacon Act (DBA), as amended, 40 U.S.C. § 276a et seq., the Contract Work Hours and Safety Standards Act (CWHSSA), 40 U.S.C. § 327 et seq., and the applicable regulations issued thereunder at 29 C.F.R. Part 5 and Part 6.

On June 25, 1993, the United States Department of Labor, Wage and Hour Division (DOL), notified the Respondents that they had breached a contract with the United States Government and violated the aforementioned Acts and Regulations. On June 29, 1993, A-MAC Sales and Builders (Prime Contractor) requested a hearing. Pursuant to the provisions of the Davis-Bacon Act and Related Acts and the regulations, Seaway Plumbing & Heating, Inc. (Subcontractor) and its Vice President Steve Williams failed to request a hearing within thirty (30) days from the date of the Charging Letter. On October 26, 1995, DOL filed an Order of Reference with this Office. Thereafter, on November 24, 1995, this Office issued a Pre-hearing Order which required DOL to furnish the Prime Contractor with certain information within thirty (30) days. Following one extension of time, DOL filed its response to the Prehearing Order on January 30, 1996. No response was received from the Prime Contractor or the Subcontractor.

On April 8, 1996, DOL filed a Partial Settlement Agreement between DOL and Prime Contractor, a proposed Decision and Order pursuant to Partial Settlement Agreement and Administrator's Motion for Entry of Decision and Order on Administrator's Findings Pursuant to 29 C.F.R. § 5.11(d). A separate Decision and Order is being issued simultaneously pursuant to the Partial Settlement Agreement between DOL and Prime Contractor. Seaway Plumbing & Heating, Inc. and Steve Williams have failed to respond to the Administrator's Charging Letter. In accordance with 29 C.F.R. § 5.11(d) which states:

If a timely response to the Administrator's findings or ruling is not made or a timely petition for review is not filed, the Administrator's findings and/or ruling shall be final . . .

29 C.F.R. § 5.11(d). Accordingly, it is hereby ORDERED that the findings in the Administrator's Charging Letter, attached, are final as to Seaway Plumbing & Heating, Inc. and Steve Williams.

By reason of the aforementioned breach of contract and violation of the Davis Bacon Act, Seaway Plumbing & Heating, Inc. and Steve Williams have become subject to the debarment provisions found at 29 C.F.R. § 5.12, whereby Seaway Plumbing & Heating, Inc. and Steve Williams may be denied the award of any contract or subcontract project for the period not to exceed three years from the date of publication of the Comptroller General's ineligibility list containing the names of Seaway Plumbing & Heating, Inc. and Steve Williams.

Due to Seaway Plumbing & Heating, Inc. and Steve Williams' willful or aggravated violation of the labor standards provisions of the Davis Bacon Act and disregard of their obligations to employees under the Act and regulations, I hereby RECOMMEND that Seaway

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Plumbing & Heating, Inc. and Steve Williams' names be placed on the ineligibility list for a period not to exceed three years.

JOHN M. VITTONE
Chief Administrative Law Judge

Office of Administrative Law Judges