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U.S. Department of Transportation
Federal Highway Administration

NOTICE

DEBARMENT FROM FEDERAL
NONPROCUREMENT PROGRAMS AND PROJECTS

N 2000.455
November 9, 1993

  1. PURPOSE. On July 18, 1993, the Federal Highway Administration (FHWA) issued a notice (N 2000.447), in part, to suspend and propose debarment for the below listed individual pursuant to the regulations of the U.S. Department of Transportation (49 CFR Part 29). This notice serves to advise that the FHWA has determined that sufficient cause exists to debar the below listed individual for a period of four (4) years. To the extent necessary, this notice will amend or cancel the July 18, 1993, notice (N 2000.447) as it relates to the below listed individual.

  2. ACTION TAKEN

    1. This Notice of Debarment from Federal Nonprocurement Programs and Projects excludes the below listed individual from being a participant or principal in any program or project receiving Federal financial assistance for a period of four (4) years. As mandated by 49 CFR § 29.200(a) (1992), the debarment shall be effective throughout the Executive Branch of the Federal Government.

      Mr. Kevin Sullivan
      121 S. Highland Avenue, Apt. 4D
      Ossening, New York 10562

      DEBARMENT EXPIRES AT MIDNIGHT ON JULY 17, 1997

    2. On Federal financial assistance programs and projects, the individual cited above shall be prohibited from being a participant or principal in any primary or lower tier "covered transaction," as defined in 49 CFR § 29.110. Therefore, Mr. Sullivan may not participate as a contractor or subcontractor in such programs and projects during the period of debarment. Any firm or individual affiliated with the above named individual also may be prohibited from participating as a contractor or subcontractor in such programs.

    3. This action is based on Mr. Sullivan's plea and subsequent conviction for making false statements to Federal agents investigating the conduct of Hudson Foundations on the Suffern Interchange project. His plea followed a felony information that charged him with making false, fictitious, and fraudulent statements and representations in connection with the payment of bribes by his employer, Hudson Foundations, and its president, Mr. Michael Loftus, to an inspector on the project, Mr. Jose Crespo.

    4. The above named individual has been convicted for an offense that indicates a lack of business integrity and business honesty affecting his present responsibility. The FHWA takes this debarment action based on a conviction for an offense listed in 49 CFR § 29.305(a) and thus has met the standard of proof required by its regulations. Due to the nature of this conduct, the danger to public safety, and the FHWA's obligation to protect the public interest and to conduct business only with responsible persons, the debarment for Mr. Sullivan is for a period of four (4) years. Because Mr. Sullivan failed to respond to the FHWA's notice proposing debarment within thirty (30) days, he has waived his right to contest this debarment action.

    5. This debarment action is taken in accordance with 49 CFR Part 29 (1992).

/s/
Anthony R. Kane
Debarring Official

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