U.S. Department of Transportation Federal Highway Administration	Notice Subject
	DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	OPI
	N 2000.504	August 14, 2002	HCC-30

1. What is the purpose of this notice?

   This notice cancels FHWA Notice N2000.499 issued on June 18, 2002, that suspended and proposed to debar the company and individual indicated below. This notice also serves to advise that the FHWA has made decisions concerning their proposed debarments as stated in paragraph 2a.

   Abotorob Rafi
   8526 Spartan Road
   Fairfax, VA 22031

   Merit Contractors, Inc.
   8526 Spartan Road
   Fairfax, VA 22031

2. What actions have been taken?

   1. The FHWA has decided to debar the individual and company indicated above for a period of three (3) years, DEBARMENT EXPIRES: June 18, 2005.

   2. The individual and company cited above have been notified in writing of this decision. Upon the signature of this Notice by the debarring official, the suspensions of the individual and company cited in paragraph 1 shall be terminated, and the debarments of this individual and company shall become effective.

3. What is the scope of these actions?

   1. The individual and company cited in paragraph 1 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 individual and company 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 a covered transaction, whether employed by a person who submits a proposal for, or enters into a covered transaction, including any procurement and nonprocurement transaction between an agency and a person. The debarments shall be effective throughout the Executive Branch of the Federal Government. The scope of a debarment is defined in 49 CFR Part 29.

   2. Also, the Department's regulations for suspensions and debarments at 49 CFR, Section 29.325(b)(1) provide that the fraudulent, criminal, or other seriously improper conduct of any officer may be imputed to the participant when the conduct occurred in connection with the individual's performance of duties, or with the participant's knowledge, approval, or acquiescence.

   3. As stated in 49 CFR, Section 29.115, the debarments are consistent with the Federal Government's policy of using the discretionary action of debarment to conduct business only with responsible persons and companies, and to protect the public interest, the Federal Government, and the integrity of Federal programs.

4. What is the cause for debarment?

   1. On or about April 24, 2000, the Virginia Department of Transportation (VDOT) awarded a Federally-funded construction contract to Merit Contractors, Inc. In the performance of this contract, Abotorob Rafi, President and owner of Merit Contractors, paid cash bribes to the VDOT inspector assigned to monitor this contract. In return for these bribes, the inspector agreed to falsely certify that Merit Contracting had completed certain work. Also, the inspector agreed not to contest several items that were in dispute between VDOT and Merit Contractors. Mr. Rafi offered these bribes in his official capacity as Merit Contractor's President and owner and with the intent of benefiting his company. Throughout this situation, the VDOT inspector acted appropriately and under the direction of law enforcement.

   2. As a result of these criminal acts, on or about December 6, 2001, Abotorob Rafi pled guilty to one count of bribery in connection with a program receiving Federal funds in violation of 18 U.S.C. § 666.

   3. Pursuant to 49 C.F.R. Part 29, Abotorob Rafi and Merit Contractors, Inc. have committed acts that are cause for debarment under 49 CFR, Sections 29.305(a)(1) & (3): conviction of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, and a conviction for bribery. Additionally, under 49 CFR, Section 29.325(b)(1), Abotorob Rafi's conduct may be imputed to his company, Merit Contractors, Inc. Because Mr. Rafi and Merit Contractors failed to respond to the FHWA's notice proposing debarment within thirty (30) days, they have waived their rights to contest this debarment action.

   4. These suspension and proposed debarment actions are taken in accordance with 49 C.F.R. Part 29.

King W. Gee Debarring Official

Related Sites:

Executive Order 12549
FHWA Order 2000.2A