This Directive was modified February 17, 2004.

U.S. Department of Transportation Federal Highway Administration	Notice Subject
	SUSPENSION AND PROPOSED DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	OPI
	N 2000.520	October 9, 2003	HCC-30

1. What is the purpose of this notice?

   1. This Notice advises that actions have been taken by the Federal Highway Administration (FHWA) for the suspension and proposed debarment of the party named in paragraph 2a. These actions are being taken pursuant to Executive Order 12549, the U.S. Department of Transportation's (USDOT's) implementing regulations in 49 CFR Part 29, and FHWA Order 2000.2A.

   2. The suspension and proposed debarment are consistent with the Federal government's policy to use the discretionary action of suspension and debarment 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).

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

   1. The following party has been sent written notice of his suspension and proposed debarment:

      Terry Sanders
      126 S. Rice Lake Rd.
      Douglas, ND 58735

   2. The suspension is effective upon the signature of this Notice by the Debarring Official. The determination regarding the proposed debarment will be made after the completion of the debarment proceeding.

   3. Under the suspension, and if debarred, the party listed above will be 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 party is prohibited from submitting a proposal for or entering into, 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 procurement and nonprocurement transaction between an agency and a person. The suspension, and debarment if imposed, shall have government-wide effect applying to all Federally-assisted programs and projects. Their scopes are further defined in 49 CFR Part 29.

3. What is the cause for the suspension and proposed debarment?

   1. On or about June 25, 2003, Terry Sanders pled guilty to making a false statement in a government matter in violation of N.D.C.C. § 12.1-11-02.

   2. Pursuant to 49 C.F.R. Part 29, Terry Sanders has committed acts that are cause for suspension and debarment. The FHWA believes that Terry Sanders' conviction is cause for debarment and constitutes adequate evidence for immediate suspension.

   3. Due to the nature of this conduct and the FHWA's obligation to protect the public interest and to conduct business only with responsible persons, the FHWA is proposing to debar Terry Sanders, and finds it necessary to immediately suspend him from participating in Federal programs. The suspension shall be for a temporary period imposed only for the duration of the debarment proceeding.

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

King W. Gee Debarring Official

Related Sites:

Executive Order 12549
FHWA Order 2000.2A