Notice of Debarment: Manheim, Inc., 59738-59741 [2011-24810]

Download as PDF 59738 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices Transcend Information, Inc., No. 70, XingZhong Road, NeiHu District, Taipei, Taiwan. DEPARTMENT OF JUSTICE ViewSonic Corporation, 381 Brea Canyon Road, Walnut, CA 91789. Win Accord Ltd., 12F, No. 225, Sec. 5, Nan Jing E. Road, Song Shan District, Taipei, Taiwan 105. WinAccord U.S.A., Inc., 2526 Qume Drive, Suite 24, San Jose, CA 95131. mstockstill on DSK4VPTVN1PROD with NOTICES (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: September 21, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–24730 Filed 9–26–11; 8:45 am] BILLING CODE 7020–02–P VerDate Mar<15>2010 16:35 Sep 26, 2011 Jkt 223001 Notice of Lodging of Consent Decree Under the National Marine Sanctuaries Act, The Park System Resource Protection Act, The Oil Pollution Act and The Clean Water Act Notice is hereby given that on September 19, 2011, a proposed Consent Decree in United States v. M/V COSCO BUSAN, et al., Civil Action No. 07–6045 SC, was lodged with the United States District Court for the Northern District of California. In this action, the United States sought reimbursement of response costs, natural resource damages and assessment costs, and penalties resulting from the discharge of oil that occurred when the M/V COSCO BUSAN allided with the San Francisco-Oakland Bay Bridge on November 7, 2007. The allision caused an approximate 53,000 gallon oil spill into the San Francisco Bay. The settling governmental entities are the United States, the State of California, the City and County of San Francisco and the City of Richmond. The settling defendants are Regal Stone Limited, Fleet Management Ltd., the M/ V COSCO BUSAN and John J. Cota. The Consent Decree also resolves the liability of Dr. Charles Calza, Dr. Alan Smoot, Dr. Eugene Belogorsky, the North Bay Sleep Medicine Institute, Inc., Patty Tucker, Longs Drug Stores California, LLC, Longs Drug Stores, LLC, Longs Drug Stores Corporation, CVS Caremark Corporation, Louie Chester, the San Francisco Bar Pilots, the San Francisco Bar Pilots Benevolent Association, Peter McIsaac and Russell Nyborg. The Consent Decree payment reimburses the governmental entities for response costs, damages to natural resources and assessment costs, requires payment to compensate for lost recreation uses, and imposes a State of California penalty. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 20044–7611, and should refer to United States v. M/V COSCO BUSAN, et al., D.J. Ref. 90–5–1–1–09349. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, to https:// www.usdoj.gov/enrd/ PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the amount of $16.00 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if requesting by e-mail or fax, forward a check in that amount to the Consent Decree Library at the address given above. Henry Friedman, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–24714 Filed 9–26–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Notice of Debarment: Manheim, Inc. Office of Federal Contract Compliance Programs, Labor. ACTION: Notice. AGENCY: This notice advises of the debarment of Manheim, Inc., Manheim Auctions Government Services, LLC, and all wholesale vehicle remarketing facilities located in the United States which are owned, either directly or indirectly, by Manheim, Inc. (hereinafter referred to collectively as ‘‘Manheim Entities’’), as eligible bidders on future Government contracts or extensions or substantive modifications of existing contracts, except as otherwise stated in the Consent Decree, the full terms of which are published below. The debarment is effective immediately. FOR FURTHER INFORMATION CONTACT: Patricia A. Shiu, Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, 200 Constitution Ave., NW., Room C–3325, Washington, DC 20210 (202–693–1106). SUPPLEMENTARY INFORMATION: On September 13, 2011, the United States Department of Labor’s Administrative Review Board approved a Consent Decree, pursuant to Executive Order 11246 (‘‘Executive Order’’); section 503 of the Rehabilitation Act of 1973, as amended (‘‘section 503’’); section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act (‘‘VEVRAA’’); and the rules and regulations issued pursuant thereto. SUMMARY: E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Under the terms of the Consent Decree, the Manheim Entities and their officers, agents, employees and purchasers agree not to bid for, knowingly enter into, knowingly perform work, or knowingly provide services necessary to any future Government contracts or subcontracts, except as otherwise provided for in the Consent Decree below. Moreover, under the terms of the Consent Decree, the Manheim Entities and their officers, agents, employees and purchasers are debarred from receiving future contracts or subcontracts or extensions or substantive modifications of existing contracts or subcontracts. The debarment shall be lifted if Manheim satisfies the Director of OFCCP that it is in compliance with Executive Order, section 503, and the VEVRAA and their implementing regulations. was a government contractor and that Defendant Manheim was a government contractor by virtue of its operation as a ‘‘single entity’’ with government contractor MAGS. The Administrative Complaint further alleges that both Defendants violated the Executive Order, the Rehabilitation Act, and the VEVRAA by refusing to permit OFCCP access to Manheim or MAGS’s facilities and otherwise permit OFCCP to conduct and complete a compliance review of Manheim and MAGS. Part A. General Provisions 1. The record on which this Amended Consent Decree (‘‘Consent Decree’’) is based shall consist of the Complaint and all exhibits to the Complaint, the Answers, and this Consent Decree. 2. As meant herein, the term Dated: September 20, 2011, Washington, ‘‘Manheim Auction Subsidiaries’’ shall DC. mean all wholesale vehicle remarketing Les Jin, facilities located in the United States Deputy Director, Office of Federal Contract which are owned, either directly or Compliance Programs. indirectly, by Manheim. United States Department of Labor 3. This Consent Decree shall become Administrative Review Board final and effective on the date it is Office of Federal Contract Compliance signed by the Administrative Review Programs, United States Department Of Board (‘‘Effective Date’’). Labor, ARB Case No. 11–060 Plaintiff, 4. This Consent Decree shall be ALJ Case No. 2011–OFC–00005. v. binding upon Defendants, any and all Manheim, Inc., and Manheim Auctions officers, agents, employees and Government Services, LLC d/b/a purchasers of Defendants, and all Manheim Government Services, Manheim Auction Subsidiaries, and Defendants. shall have the same force and effect as an Order made after a full hearing. Amended Consent Decree Defendants waive their right to a This Consent Decree is entered into hearing. between the Plaintiff, United States 5. All further procedural steps to Department of Labor, Office of Federal contest the binding effect of the Consent Contract Compliance Programs Decree, and any right to challenge or (hereinafter ‘‘OFCCP’’), and Defendants contest the obligations entered into in Manheim, Inc. f/k/a Manheim Auctions, accordance with the agreement Inc. (‘‘Manheim’’) and Manheim contained in this Decree, are waived by Auctions Government Services, LLC the parties. d/b/a Manheim Government Services 6. Subject to the performance by (‘‘MAGS’’) (collectively, ‘‘Defendants’’) Defendants of all duties and obligations in resolution of the Administrative contained in this Consent Decree, all Complaint filed by OFCCP pursuant to alleged violations identified in the Executive Order 11246 (30 Fed. Reg. 12319), as amended by Executive Order Administrative Complaint shall be deemed fully resolved. Nothing herein 11375 (32 Fed. Reg. 14303) and shall be deemed an admission of Executive Order 12086 (43 FR 46501) wrongdoing, liability, or ‘‘single entity’’ (‘‘Executive Order’’); section 503 of the Rehabilitation Act of 1973, as amended, status by Defendants. 29 U.S.C. 793 (‘‘Rehabilitation Act’’ or Part B. Jurisdiction ‘‘section 503’’); section 4212 of the 7. This court has jurisdiction over this Vietnam Era Veterans’ Readjustment proceeding under sections 208 and 209 Assistance Act, 38 U.S.C. 4212 of the Executive Order, the (‘‘VEVRAA’’); and the rules and regulations issued pursuant thereto. The Rehabilitation Act, the VEVRAA, 41 CFR 60–1.26, 60–741.65, 60–300.65, and Administrative Complaint alleges that, at all times pertinent thereto, Defendant 41 CFR part 60–30. Defendants admit to the jurisdiction of this Court over them MAGS, a party to contracts with the regarding the subject matter of this General Services Administration action. (‘‘GSA’’) totaling more than $100,000, VerDate Mar<15>2010 16:35 Sep 26, 2011 Jkt 223001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 59739 Part C. Specific Provisions 8. From the Effective Date of this Consent Decree, Defendants agree not to bid for, knowingly enter into, knowingly perform work, or knowingly provide services necessary to any future Government contracts or subcontracts, except as otherwise provided herein. By this agreement, Defendants are debarred from receiving future contracts or subcontracts or extensions or substantive modifications of existing contracts or subcontracts. In addition, no Federal agency may exercise any renewal option under an existing contract or subcontract listed at paragraph 9 below, unless the agency head determines that there is a compelling reason for such action pursuant to Federal Acquisition Regulation (‘‘FAR’’) 9.405–1(b), with the following exception: General Services Administration (‘‘GSA’’) Contract No. GS–30F–X0028 may, in the discretion of GSA, be renewed for one one-year or less Option Period after the expiration of the Base Period on September 30, 2011. The prohibitions in this paragraph shall be effective against Defendant MAGS, Defendant Manheim, and all Manheim Auction Subsidiaries located in the United States. 9. Defendants may continue to perform work only on the following existing contracts until the natural expiration of each contract, except as otherwise specified in paragraph 8, unless the agency head determines that there is a compelling reason for further renewal pursuant to FAR 9.405–1(b): Army Air Force Exchange Service (AAFES) Contract Number: HQ–08–SDZ–053 Expires September 27, 2011 General Services Administration (GSA) Contract Number: GS–30F–X0028 Expires September 30, 2011 Worldwide Schedule for Logistics Services Contract Number GS–10F–0013M Expires September 30, 2011 United States Marshals Service (USMS) E. District of Wisconsin Contract Number: DJMS–08–D–0019 Expires February 29, 2012 United States Marshals Service (USMS) E. District of Pennsylvania Contract Number: DJMS–07–AFO–F– 0008 Expires September 30, 2011 United States Marshals Service (USMS) District of Puerto Rico Contract Number: DJUSMS–11–0003 Expires December 31, 2011 United States Marshals Service (USMS) N. District of Georgia Contract Number: DJMS–07–AFO–F– 0007 E:\FR\FM\27SEN1.SGM 27SEN1 59740 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices Expires September 30, 2011 United States Marshals Service (USMS) Districts of Massachusetts, Maine, Rhode Island & New Hampshire Contract Number: DJMS–09–D–0020 Expires May 31, 2012 United States Marshals Service (USMS) Middle District of Florida Contract Number: DJMS–05–D–0013 Expires December 31, 2011 United States Postal Service (USPS) Contract Number: 1DVPMS–03–U–3941 Expires March 31, 2013 United States Department of the Navy NAVFAC Hawaii, FSC Management and Facilities Services Contract Number: N62478–08–D–2315 Expires March 31, 2012 United States Department of the Navy NAVFAC Midwest Public Works Department Contract Number: N40083–07–M–3003 Expires April 30, 2012 The Manheim Auction Subsidiaries may also perform services and/or provide facilities necessary to the Flynn-Jensen Company, LLC’s subcontract with VSE Corp., Subcontract Number: VSE–TREAS–10– FJC, Prime Contract Number: TOS–11– C–001, or any renewals, extensions, substitutions, or modifications thereof, at the discretion of VSE and the Department of the Treasury, through and until December 31, 2011, but not thereafter. After December 31, 2011, unless and until the debarment described herein is lifted, no entity bound by this Consent Decree may perform services or provide goods necessary to any Government contract held, now or in the future, by the FlynnJensen Company, LLC. 10. Notice of this debarment shall be printed in the Federal Register on or after the Effective Date and shall include the full terms of this Consent Decree. In addition, on or after the Effective Date, OFCCP shall notify the Comptroller General of the United States (the ‘‘Government Accountability Office’’) that Defendants, including all Manheim Auction Subsidiaries, are ineligible for the award of any Government contracts or subcontracts, except as otherwise provided herein. mstockstill on DSK4VPTVN1PROD with NOTICES Part D. Reinstatement 11. Neither Defendant shall be allowed to bid for, knowingly enter into, knowingly perform work, or knowingly provide services, goods, or facilities necessary to a Government contract or subcontract, except as otherwise provided herein, unless that Defendant (the ‘‘requesting Defendant’’) or both of them (the ‘‘requesting Defendants’’), if applicable, request reinstatement to VerDate Mar<15>2010 16:35 Sep 26, 2011 Jkt 223001 federal contractor status and satisfy the Director of OFCCP that it or they are in compliance with the Executive Order, Section 503, VEVRAA and their implementing regulations. To do so, at a minimum, any requesting Defendant must submit to a full compliance review. 12. OFCCP shall initiate within 30 days a compliance review upon the request of the requesting Defendant(s), including any on-site compliance evaluations at such Defendant(s)’ facility or facilities, as necessary to determine whether the requesting Defendant(s) is in compliance at the time of the request with the terms of this Consent Decree and the terms of the Executive Order, Section 503, VEVRAA, and their implementing regulations. OFCCP shall notify the requesting Defendant(s) in writing, within 30 days of its completion of the compliance review, if there is a deficiency or a finding of compliance. 13. If OFCCP finds that the requesting Defendant(s) has complied with the terms of this Consent Decree and with the terms of the Executive Order, Section 503, VEVRAA and their implementing regulations, the prohibitions in paragraph 8 above and otherwise herein shall be lifted as to the requesting Defendant(s), and such Defendant(s) shall be free to enter into future Government contracts and subcontracts. Within 30 days of OFCCP’s finding of compliance (see paragraph 12 above), notice of the reinstatement shall be made to the Government Accountability Office, and notice of reinstatement shall be printed in the Federal Register. 14. If OFCCP finds that the requesting Defendant(s) has not complied with the terms of the Consent Decree or with the terms of the Executive Order, Section 503, VEVRAA and their implementing regulations, OFCCP will notify the requesting Defendant(s) within 30 days of its finding (see paragraph 12 above) that the prohibitions in paragraph 8 above and otherwise herein shall not be lifted and shall remain in effect until the requesting Defendant(s) successfully demonstrates compliance with the Consent Decree, the Executive Order, Section 503, VEVRAA and their implementing regulations. The requesting Defendant(s) may file a motion with the Administrative Law Judge for review of the Director’s decision, and Defendants may request a hearing at which the sole issue will be whether the requesting Defendant(s) have complied with the terms of this Consent Decree and the Executive Order, Section 503, VEVRAA and their implementing regulations. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Part E. Implementation and Enforcement of the Decree 15. Jurisdiction, including the authority to issue any additional orders or decrees necessary to effectuate the implementation of the provisions of this Consent Decree, is retained by the Office of Administrative Law Judges for a period of 24 months from the date this Consent Decree becomes final. If any motion related to this Consent Decree is pending before the Office of Administrative Law Judges 24 months from the date this Consent Decree becomes final, jurisdiction shall continue beyond 24 months and until such time as the pending motion is finally resolved. 16. If an application or motion for an order of enforcement or clarification indicates by signature of counsel that the application or motion is unopposed by Plaintiff or Defendants, as appropriate, the application or motion may be presented to the Court without hearing and the proposed Order may be implemented immediately. If any party hereto opposes an application or motion, the party in opposition shall file a written response within twenty (20) days of service. The Office of Administrative Law Judges may, if it deems it appropriate, schedule an oral hearing on the application or motion. 17. The Agreement, herein set forth, is hereby approved and shall constitute the final Administrative Order in this case. It is so ordered, this 13th day of September 2011. PAUL M. IGASAKI, Chief Administrative Appeals Judge Law Judge. E. Cooper Brown, Deputy Chief Administrative Appeals Judge. SO AGREED. ON BEHALF OF MANHEIM, INC. f/k/a MANHEIM AUCTIONS, INC. and MANHEIM AUCTIONS GOVERNMENT SERVICES, LLC d/b/a MANHEIM GOVERNMENT SERVICES: By: lllllllllllllllllll Jason S. McCarter. Matthew T. Parrish, DOW LOHNES PLLC, Six Concourse Parkway, Suite 1800, Atlanta, Georgia 30328, (770) 901–8800, (770) 901–8874 (FAX). -andJohn C. Fox, FOX, WANG & MORGAN P.C., 160 West Santa Clara St., Suite 700, San Jose, California 95113, (408) 844–2350, (408) 844–2351 (FAX). Attorneys for Defendants SOL Case No. 10–04112 ON BEHALF OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS: M. PATRICIA SMITH, Solicitor of Labor STANLEY E. KEEN, Regional Solicitor CHANNAH S. BROYDE, Counsel E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices By: lllllllllllllllllll LYDIA A. JONES Attorney Office of the Solicitor, U.S. Department of Labor, 61 Forsyth Street, S.W., Room 7T10, Atlanta, GA 30303, Telephone: (404) 302– 5435, (404) 302–5438 (FAX). Attorneys for the Secretary of Labor, United States Department of Labor. [FR Doc. 2011–24810 Filed 9–26–11; 8:45 am] BILLING CODE 4510–45–P DEPARTMENT OF LABOR Office of the Secretary Bureau of International Labor Affairs; Office of Trade and Labor Affairs; National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements; Notice of Open Meeting Bureau of International Labor Affairs, U.S. Department of Labor. ACTION: Notice of Open Meeting, October 13, 2011. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), as amended, 5. U.S.C. app. 2, the Office of Trade and Labor Affairs (OTLA) gives notice of a meeting of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements (‘‘Committee’’ or ‘‘NAC’’), which was established by the Secretary of Labor. During the inaugural meeting of the NAC on August, 25, 2011, a SubCommittee was established to provide recommendations on how the United States can facilitate full implementation of the recommendations contained in the White Paper of the Working Group of the Vice Ministers Responsible for Trade and Labor in the Countries of Central America and the Dominican Republic. The purpose of the meeting is to present the recommendations developed by the Sub-Committee to the entire Committee. The Committee will review, discuss and finalize a set of recommendations for the Secretary of Labor through the Bureau of International Labor Affairs (ILAB) that will be included in the second Biennial CAFTA–DR Report to Congress. DATES: The Committee will meet on Thursday, October 13, 2011 from 4 p.m. to 6 p.m. ADDRESSES: The Committee will meet at the U.S. Department of Labor, 200 Constitution Avenue, NW., Deputy Undersecretary’s Conference Room, Washington, DC 20210. Mail comments, views, or statements in response to this notice to Paula Church Albertson, Office of Trade and Labor Affairs, ILAB, U.S. Department of Labor, 200 Constitution mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:35 Sep 26, 2011 Jkt 223001 Avenue, NW., Room S–5004, Washington, DC 20210; phone (202) 693–4789; fax (202) 693–4784. FOR FURTHER INFORMATION CONTACT: Paula Church Albertson, Designated Federal Officer, Office of Trade and Labor Affairs, Bureau of International Labor Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room S–5004, Washington, DC 20210; phone (202) 693–4789 (this is not a toll free number). Individuals with disabilities wishing to attend the meeting should contact Ms. Albertson no later than October 6, 2011, to obtain appropriate accommodations. SUPPLEMENTARY INFORMATION: NAC meetings are open to the public on a first-come, first-served basis, as seating is limited. Attendees must present valid identification and will be subject to security screening to access the Department of Labor for the meeting. Agenda: The NAC agenda will include a report from the Subcommittee that developed ‘‘Recommendations on how the United States can facilitate full implementation of the recommendations contained in the White Paper,’’ as well as deliberations on or discussions of that report. Public Participation: Written data, views, or comments for consideration by the NAC on the agenda listed above should be submitted to Paula Church Albertson at the address listed above. Submissions received by October 6, 2011, will be provided to Committee members and will be included in the record of the meeting. Requests to make oral presentations to the Committee may be granted as time permits. Signed at Washington, DC, the 22nd day of September 2011. Carol Pier, Associate Deputy Undersecretary for International Affairs. [FR Doc. 2011–24902 Filed 9–26–11; 8:45 am] BILLING CODE 4510–28–P DEPARTMENT OF LABOR Bureau of Labor Statistics Proposed Collection, Comment Request ACTION: Notice. The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 59741 Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c) (2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed extension of the ‘‘Local Area Unemployment Statistics (LAUS) Program.’’ A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section of this notice on or before November 28, 2011. ADDRESSES: Send comments to Carol Rowan, BLS Clearance Officer, Division of Management Systems, Bureau of Labor Statistics, Room 4080, 2 Massachusetts Avenue, NE., Washington, DC 20212. Written comments also may be transmitted by fax to 202–691–5111 (this is not a toll free number). FOR FURTHER INFORMATION CONTACT: Carol Rowan, BLS Clearance Officer, at 202–691–7628 (this is not a toll free number). (See ADDRESSES section.) SUPPLEMENTARY INFORMATION: I. Background The BLS has been charged by Congress (29 U.S.C. Sections 1 and 2) with the responsibility of collecting and publishing monthly information on employment, the average wage received, and the hours worked by area and industry. The process for developing residency-based employment and unemployment estimates is a cooperative Federal-State program which uses employment and unemployment inputs available in State Workforce Agencies. The labor force estimates developed and issued in this program are used for economic analysis and as a tool in the implementation of Federal economic policy in such areas as employment and economic development under the Workforce Investment Act and the Public Works and Economic Development Act, among others. The estimates also are used in economic analysis by public agencies and private industry, and for State and area funding allocations and eligibility determinations according to legal and administrative requirements. Implementation of current policy and legislative authorities could not be E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59738-59741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24810]


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DEPARTMENT OF LABOR


Notice of Debarment: Manheim, Inc.

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Notice.

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SUMMARY: This notice advises of the debarment of Manheim, Inc., Manheim 
Auctions Government Services, LLC, and all wholesale vehicle 
remarketing facilities located in the United States which are owned, 
either directly or indirectly, by Manheim, Inc. (hereinafter referred 
to collectively as ``Manheim Entities''), as eligible bidders on future 
Government contracts or extensions or substantive modifications of 
existing contracts, except as otherwise stated in the Consent Decree, 
the full terms of which are published below. The debarment is effective 
immediately.

FOR FURTHER INFORMATION CONTACT: Patricia A. Shiu, Director, Office of 
Federal Contract Compliance Programs, U.S. Department of Labor, 200 
Constitution Ave., NW., Room C-3325, Washington, DC 20210 (202-693-
1106).

SUPPLEMENTARY INFORMATION: On September 13, 2011, the United States 
Department of Labor's Administrative Review Board approved a Consent 
Decree, pursuant to Executive Order 11246 (``Executive Order''); 
section 503 of the Rehabilitation Act of 1973, as amended (``section 
503''); section 4212 of the Vietnam Era Veterans' Readjustment 
Assistance Act (``VEVRAA''); and the rules and regulations issued 
pursuant thereto.

[[Page 59739]]

Under the terms of the Consent Decree, the Manheim Entities and their 
officers, agents, employees and purchasers agree not to bid for, 
knowingly enter into, knowingly perform work, or knowingly provide 
services necessary to any future Government contracts or subcontracts, 
except as otherwise provided for in the Consent Decree below. Moreover, 
under the terms of the Consent Decree, the Manheim Entities and their 
officers, agents, employees and purchasers are debarred from receiving 
future contracts or subcontracts or extensions or substantive 
modifications of existing contracts or subcontracts. The debarment 
shall be lifted if Manheim satisfies the Director of OFCCP that it is 
in compliance with Executive Order, section 503, and the VEVRAA and 
their implementing regulations.

    Dated: September 20, 2011, Washington, DC.
Les Jin,
Deputy Director, Office of Federal Contract Compliance Programs.

United States Department of Labor Administrative Review Board

    Office of Federal Contract Compliance Programs, United States 
Department Of Labor, ARB Case No. 11-060 Plaintiff, ALJ Case No. 2011-
OFC-00005. v. Manheim, Inc., and Manheim Auctions Government Services, 
LLC d/b/a Manheim Government Services, Defendants.

Amended Consent Decree

    This Consent Decree is entered into between the Plaintiff, United 
States Department of Labor, Office of Federal Contract Compliance 
Programs (hereinafter ``OFCCP''), and Defendants Manheim, Inc. f/k/a 
Manheim Auctions, Inc. (``Manheim'') and Manheim Auctions Government 
Services, LLC d/b/a Manheim Government Services (``MAGS'') 
(collectively, ``Defendants'') in resolution of the Administrative 
Complaint filed by OFCCP pursuant to Executive Order 11246 (30 Fed. 
Reg. 12319), as amended by Executive Order 11375 (32 Fed. Reg. 14303) 
and Executive Order 12086 (43 FR 46501) (``Executive Order''); section 
503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793 
(``Rehabilitation Act'' or ``section 503''); section 4212 of the 
Vietnam Era Veterans' Readjustment Assistance Act, 38 U.S.C. 4212 
(``VEVRAA''); and the rules and regulations issued pursuant thereto. 
The Administrative Complaint alleges that, at all times pertinent 
thereto, Defendant MAGS, a party to contracts with the General Services 
Administration (``GSA'') totaling more than $100,000, was a government 
contractor and that Defendant Manheim was a government contractor by 
virtue of its operation as a ``single entity'' with government 
contractor MAGS. The Administrative Complaint further alleges that both 
Defendants violated the Executive Order, the Rehabilitation Act, and 
the VEVRAA by refusing to permit OFCCP access to Manheim or MAGS's 
facilities and otherwise permit OFCCP to conduct and complete a 
compliance review of Manheim and MAGS.

Part A. General Provisions

    1. The record on which this Amended Consent Decree (``Consent 
Decree'') is based shall consist of the Complaint and all exhibits to 
the Complaint, the Answers, and this Consent Decree.
    2. As meant herein, the term ``Manheim Auction Subsidiaries'' shall 
mean all wholesale vehicle remarketing facilities located in the United 
States which are owned, either directly or indirectly, by Manheim.
    3. This Consent Decree shall become final and effective on the date 
it is signed by the Administrative Review Board (``Effective Date'').
    4. This Consent Decree shall be binding upon Defendants, any and 
all officers, agents, employees and purchasers of Defendants, and all 
Manheim Auction Subsidiaries, and shall have the same force and effect 
as an Order made after a full hearing. Defendants waive their right to 
a hearing.
    5. All further procedural steps to contest the binding effect of 
the Consent Decree, and any right to challenge or contest the 
obligations entered into in accordance with the agreement contained in 
this Decree, are waived by the parties.
    6. Subject to the performance by Defendants of all duties and 
obligations contained in this Consent Decree, all alleged violations 
identified in the Administrative Complaint shall be deemed fully 
resolved. Nothing herein shall be deemed an admission of wrongdoing, 
liability, or ``single entity'' status by Defendants.

Part B. Jurisdiction

    7. This court has jurisdiction over this proceeding under sections 
208 and 209 of the Executive Order, the Rehabilitation Act, the VEVRAA, 
41 CFR 60-1.26, 60-741.65, 60-300.65, and 41 CFR part 60-30. Defendants 
admit to the jurisdiction of this Court over them regarding the subject 
matter of this action.

Part C. Specific Provisions

    8. From the Effective Date of this Consent Decree, Defendants agree 
not to bid for, knowingly enter into, knowingly perform work, or 
knowingly provide services necessary to any future Government contracts 
or subcontracts, except as otherwise provided herein. By this 
agreement, Defendants are debarred from receiving future contracts or 
subcontracts or extensions or substantive modifications of existing 
contracts or subcontracts. In addition, no Federal agency may exercise 
any renewal option under an existing contract or subcontract listed at 
paragraph 9 below, unless the agency head determines that there is a 
compelling reason for such action pursuant to Federal Acquisition 
Regulation (``FAR'') 9.405-1(b), with the following exception: General 
Services Administration (``GSA'') Contract No. GS-30F-X0028 may, in the 
discretion of GSA, be renewed for one one-year or less Option Period 
after the expiration of the Base Period on September 30, 2011. The 
prohibitions in this paragraph shall be effective against Defendant 
MAGS, Defendant Manheim, and all Manheim Auction Subsidiaries located 
in the United States.
    9. Defendants may continue to perform work only on the following 
existing contracts until the natural expiration of each contract, 
except as otherwise specified in paragraph 8, unless the agency head 
determines that there is a compelling reason for further renewal 
pursuant to FAR 9.405-1(b):

Army Air Force Exchange Service (AAFES)
Contract Number: HQ-08-SDZ-053
Expires September 27, 2011

General Services Administration (GSA)
Contract Number: GS-30F-X0028
Expires September 30, 2011

Worldwide Schedule for Logistics Services
Contract Number GS-10F-0013M
Expires September 30, 2011

United States Marshals Service (USMS)
E. District of Wisconsin
Contract Number: DJMS-08-D-0019
Expires February 29, 2012

United States Marshals Service (USMS)
E. District of Pennsylvania
Contract Number: DJMS-07-AFO-F-0008
Expires September 30, 2011

United States Marshals Service (USMS)
District of Puerto Rico
Contract Number: DJUSMS-11-0003
Expires December 31, 2011

United States Marshals Service (USMS)
N. District of Georgia
Contract Number: DJMS-07-AFO-F-0007

[[Page 59740]]

Expires September 30, 2011

United States Marshals Service (USMS)
Districts of Massachusetts, Maine, Rhode Island & New Hampshire
Contract Number: DJMS-09-D-0020
Expires May 31, 2012

United States Marshals Service (USMS)
Middle District of Florida
Contract Number: DJMS-05-D-0013
Expires December 31, 2011

United States Postal Service (USPS)
Contract Number: 1DVPMS-03-U-3941
Expires March 31, 2013

United States Department of the Navy
NAVFAC Hawaii, FSC Management and Facilities Services
Contract Number: N62478-08-D-2315
Expires March 31, 2012

United States Department of the Navy
NAVFAC Midwest Public Works Department
Contract Number: N40083-07-M-3003
Expires April 30, 2012

    The Manheim Auction Subsidiaries may also perform services and/or 
provide facilities necessary to the Flynn-Jensen Company, LLC's 
subcontract with VSE Corp., Subcontract Number: VSE-TREAS-10-FJC, Prime 
Contract Number: TOS-11-C-001, or any renewals, extensions, 
substitutions, or modifications thereof, at the discretion of VSE and 
the Department of the Treasury, through and until December 31, 2011, 
but not thereafter. After December 31, 2011, unless and until the 
debarment described herein is lifted, no entity bound by this Consent 
Decree may perform services or provide goods necessary to any 
Government contract held, now or in the future, by the Flynn-Jensen 
Company, LLC.
    10. Notice of this debarment shall be printed in the Federal 
Register on or after the Effective Date and shall include the full 
terms of this Consent Decree. In addition, on or after the Effective 
Date, OFCCP shall notify the Comptroller General of the United States 
(the ``Government Accountability Office'') that Defendants, including 
all Manheim Auction Subsidiaries, are ineligible for the award of any 
Government contracts or subcontracts, except as otherwise provided 
herein.

Part D. Reinstatement

    11. Neither Defendant shall be allowed to bid for, knowingly enter 
into, knowingly perform work, or knowingly provide services, goods, or 
facilities necessary to a Government contract or subcontract, except as 
otherwise provided herein, unless that Defendant (the ``requesting 
Defendant'') or both of them (the ``requesting Defendants''), if 
applicable, request reinstatement to federal contractor status and 
satisfy the Director of OFCCP that it or they are in compliance with 
the Executive Order, Section 503, VEVRAA and their implementing 
regulations. To do so, at a minimum, any requesting Defendant must 
submit to a full compliance review.
    12. OFCCP shall initiate within 30 days a compliance review upon 
the request of the requesting Defendant(s), including any on-site 
compliance evaluations at such Defendant(s)' facility or facilities, as 
necessary to determine whether the requesting Defendant(s) is in 
compliance at the time of the request with the terms of this Consent 
Decree and the terms of the Executive Order, Section 503, VEVRAA, and 
their implementing regulations. OFCCP shall notify the requesting 
Defendant(s) in writing, within 30 days of its completion of the 
compliance review, if there is a deficiency or a finding of compliance.
    13. If OFCCP finds that the requesting Defendant(s) has complied 
with the terms of this Consent Decree and with the terms of the 
Executive Order, Section 503, VEVRAA and their implementing 
regulations, the prohibitions in paragraph 8 above and otherwise herein 
shall be lifted as to the requesting Defendant(s), and such 
Defendant(s) shall be free to enter into future Government contracts 
and subcontracts. Within 30 days of OFCCP's finding of compliance (see 
paragraph 12 above), notice of the reinstatement shall be made to the 
Government Accountability Office, and notice of reinstatement shall be 
printed in the Federal Register.
    14. If OFCCP finds that the requesting Defendant(s) has not 
complied with the terms of the Consent Decree or with the terms of the 
Executive Order, Section 503, VEVRAA and their implementing 
regulations, OFCCP will notify the requesting Defendant(s) within 30 
days of its finding (see paragraph 12 above) that the prohibitions in 
paragraph 8 above and otherwise herein shall not be lifted and shall 
remain in effect until the requesting Defendant(s) successfully 
demonstrates compliance with the Consent Decree, the Executive Order, 
Section 503, VEVRAA and their implementing regulations. The requesting 
Defendant(s) may file a motion with the Administrative Law Judge for 
review of the Director's decision, and Defendants may request a hearing 
at which the sole issue will be whether the requesting Defendant(s) 
have complied with the terms of this Consent Decree and the Executive 
Order, Section 503, VEVRAA and their implementing regulations.

Part E. Implementation and Enforcement of the Decree

    15. Jurisdiction, including the authority to issue any additional 
orders or decrees necessary to effectuate the implementation of the 
provisions of this Consent Decree, is retained by the Office of 
Administrative Law Judges for a period of 24 months from the date this 
Consent Decree becomes final. If any motion related to this Consent 
Decree is pending before the Office of Administrative Law Judges 24 
months from the date this Consent Decree becomes final, jurisdiction 
shall continue beyond 24 months and until such time as the pending 
motion is finally resolved.
    16. If an application or motion for an order of enforcement or 
clarification indicates by signature of counsel that the application or 
motion is unopposed by Plaintiff or Defendants, as appropriate, the 
application or motion may be presented to the Court without hearing and 
the proposed Order may be implemented immediately. If any party hereto 
opposes an application or motion, the party in opposition shall file a 
written response within twenty (20) days of service. The Office of 
Administrative Law Judges may, if it deems it appropriate, schedule an 
oral hearing on the application or motion.
    17. The Agreement, herein set forth, is hereby approved and shall 
constitute the final Administrative Order in this case.
    It is so ordered, this 13th day of September 2011.

PAUL M. IGASAKI,
Chief Administrative Appeals Judge Law Judge.

E. Cooper Brown,
Deputy Chief Administrative Appeals Judge.

SO AGREED.

ON BEHALF OF MANHEIM, INC. f/k/a MANHEIM AUCTIONS, INC. and MANHEIM 
AUCTIONS GOVERNMENT SERVICES, LLC d/b/a MANHEIM GOVERNMENT SERVICES:

By:--------------------------------------------------------------------

Jason S. McCarter.

Matthew T. Parrish, DOW LOHNES PLLC, Six Concourse Parkway, Suite 
1800, Atlanta, Georgia 30328, (770) 901-8800, (770) 901-8874 (FAX). 
-and-

John C. Fox, FOX, WANG & MORGAN P.C., 160 West Santa Clara St., 
Suite 700, San Jose, California 95113, (408) 844-2350, (408) 844-
2351 (FAX).

Attorneys for Defendants
SOL Case No. 10-04112
ON BEHALF OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS:
M. PATRICIA SMITH, Solicitor of Labor
STANLEY E. KEEN, Regional Solicitor

CHANNAH S. BROYDE, Counsel

[[Page 59741]]

By:--------------------------------------------------------------------
LYDIA A. JONES
Attorney
Office of the Solicitor, U.S. Department of Labor, 61 Forsyth 
Street, S.W., Room 7T10, Atlanta, GA 30303, Telephone: (404) 302-
5435, (404) 302-5438 (FAX).
Attorneys for the Secretary of Labor, United States Department of 
Labor.

[FR Doc. 2011-24810 Filed 9-26-11; 8:45 am]
BILLING CODE 4510-45-P
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