In the Matter of the Appeal of May 20, 1977 CONTRACT MASTER SERVICES, INC. P. O. Box 124 Cheltenham, Maryland 20623 P.S. Docket No. 5/18 APPEARANCES FOR APPELLANT: John F. Wolf, Sr., Esq. Chevy Chase, Maryland APPEARANCES FOR RESPONDENT: Michael J. Vandamm, Esq. Law Department United States Postal Service Washington, D. C. Lussier, Edward F.
Contract Master Services, Inc., has filed an appeal from the decision of the Assistant Postmaster General, Mail Processing Department, dated April 27, 1977, extending the previously imposed suspension of the contractor for an additional 120 days. The basis for the continued suspension is the indictment of the corporation and pending criminal trial, at that time set for May 2, 1977, in the United States District Court for the District of Maryland. Postal Service Counsel in filing the notice of appeal has attached a copy of an order of the court resetting the trial date for June 28, 1977. This forwarding letter also advises that the criminal trial is likely to be prolonged. Based upon those facts it contends the extended suspension is fully warranted.
The letter of appeal refers to previous appeals by Contract Master Services, Inc., to the Judicial Officer, to the Board of Contract Appeals and to the General Counsel's office, all alleging lack of adequate evidence against the corporation. It points out that this latest extension of the suspension increases the suspension period to a total of 480 days from April 30, 1976, and asks that the matter be brought to trial at the earliest possible date.
Under the provisions of Postal Service Manual § 1-605.2 and the applicable Rules of Practice, 39 C.F.R. § 957.27, and in view of the pendency of the prosecutive action, I find that the extension of the suspension is reasonable. For the above reasons and for the reasons stated in my July 28, 1976, decision in this case, further administrative proceedings regarding the merits of appellant's contentions are inappropriate at this time. Accordingly, the appeal is hereby denied.