U.S. Department of Transportation Federal Highway Administration	Notice Subject
	SUSPENSION AND PROPOSED DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	OPI
	N 2000.495	April 18, 2001	HCC-30

1. What is the purpose of this Notice?

   1. This Notice cancels the debarment Notice, N 2000.493, dated January 17, 2001. The Notice announced the debarments of Photogrammetric Data Services, Inc. (PDS), David G. Webb, and their affiliates for violations of 49 CFR 29.305(a). This Notice announces that the company and individual indicated in paragraph 1a below are suspended and proposed for debarment from participating in Federal assistance programs, pursuant to Executive Order 12549 , the Department of Transportation's implementing regulations in 49 CFR Part 29, and FHWA Order 2000.2A, Nonprocurement Suspension and Debarment Process (Federal-Aid Program), dated June 19, 2000.

      This Notice also announces that certain affiliated individuals listed in paragraph 1b below are proposed for debarment, but not suspended. The suspensions and proposed debarments related to PDS are as follows:

      Photogrammetric Data Services, Inc.
      22611 Markey Ct.
      Sterling, Virginia 20166
      

      Mr. David G. Webb
      505 Shenandoah River Ln.
      Boyce, Virginia 22620

   2. The affiliated individuals being proposed for debarment are:

      Mr. Richard J. Williams
      1371 Rock Chapel Rd.
      Herndon, Virginia 20170
      

      Mr. Charles E. Smith
      609 Shearwood Dr.
      Flagler Beach, Florida 32136
      

      Mr. John Elkin, Jr.
      5051 Wolf Run Shoals Rd.
      Woodbridge, VA 22192
      

      Mr. James W. Holton
      Courthouse Road, Box 228
      Currituck, North Carolina 27929

      Mr. Buford T. Lumsden
      3423 Farmington Circle, S.W.
      Roanoke, Virginia 24018

   3. The Federal Highway Administration (FHWA) has determined that sufficient cause exists to suspend the company and individual named in paragraph 1a above for a temporary period, pending debarment proceedings. The proposed period of debarment is 3 years. The suspensions are consistent with the Federal Government's policy to use the discretionary action of suspension to conduct business only with responsible persons and to protect the public interest, the Federal Government, and the integrity of Federal programs (49 CFR, Section 29.115).

   4. The FHWA has determined that sufficient cause may exist to debar the individuals named in paragraph 1b, based upon their affiliation under 49 CFR Part 29. Therefore, they are being proposed for debarment.

2. What actions have been taken, and what is their scope?

   1. The company and individual in paragraph 1a have been notified in writing of their suspensions and proposed debarments. The affiliated individuals in paragraph 1b have been notified in writing of their proposed debarments.

   2. The company and individual in paragraph 1a are prohibited from being a participant or principal in any primary or lower-tier "covered transaction," as defined in 49 CFR, Sections 29.105 and 29.110. Generally, the companies and individual are prohibited from submitting a proposal or entering, or participating as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or one who has critical influence on or substantive control over any "covered transaction," whether employed by a person who submits a proposal for, or enters into a "covered transaction," including any nonprocurement transaction between an agency and a person. The suspensions shall be effective throughout the Executive Branch of the Federal Government. The scope of a suspension is defined in 49 CFR Part 29.

3. What is the cause for suspension?

   1. PDS and David G. Webb were convicted in the United States District Court for the Eastern District of Virginia, Alexandria Division on March 31, 2000. The indictment for criminal violations of 18 USC, Sections 1020 and 1341, charged that PDS and Webb engaged in highway project fraud and mail fraud, in connection with aerial photography and ground surveys prepared for engineering contractors hired by the Virginia Department of Transportation. Each of the defendants was convicted and found guilty on five counts of the indictment. Both defendants were sentenced on June 23, 2000. Title 49 CFR Part 29 explicitly allows for immediate suspension, based upon conviction (49 CFR, Sections 29.405(a) and 29.305).

   2. A suspension may be imposed upon adequate evidence to suspect the commission of an offense or cause for debarment under 49 CFR, Section 305 exists (49 CFR, Section 405). In accordance with 49 CFR Part 29, the FHWA hereby suspends the companies and individual named above in paragraph 1a from all nonprocurement programs and projects. The suspensions are for a temporary period, pending the completion of legal debarment proceedings.

   3. These suspensions are taken in accordance with 49 CFR Part 29.

   4. The proposed debarments of the affiliated individuals identified in paragraph 1b above are taken in accordance with 49 CFR Part 29.

King Gee Suspending Official

Related Sites:

Executive Order 12549
FHWA Order 2000.2A
FHWA Notice N 2000.493