U.S. Department of Transportation Federal Highway Administration	Notice Subject
	DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	Office of Primary Interest
	N 2000.521	January 8, 2004	HCC-30

1. What is the purpose of this notice?

   This notice cancels FHWA Notice N2000.518 issued on September 25, 2003, 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.

   J.D. Miller & Sons Trucking, Inc.
   10441 N. Harney Rd.
   Thonotosassa, FL 33592

   John Miller
   P.O. Box 593
   Thonotosassa, FL 33592

2. What actions have been taken and what is their scope?
   
   
   1. The FHWA has decided to debar the company and individual indicated above for a period of three (3) years. These debarments shall be retroactive from the date the company and individual were suspended by the Florida Department of Transportation; DEBARMENTS EXPIRE: October 23, 2004.
      
      
   2. The company and individual cited above have been notified in writing of this decision. Upon the signature of this Notice by the debarring official, the suspensions of the company and individual cited in paragraph 1 shall terminate, and their debarments shall become effective.
   
   
3. What is the scope of these actions?
   
   
   1. The company and individual cited in paragraph 1 are prohibited from being a participant or principal in any primary or lower tier covered transaction, as defined in 68 Fed. Reg. 66533, 66547 (2003) (to be codified at 49 C.F.R. Part 29, Subpart B). Generally, the company 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 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.
      
      
   2. As stated in 68 Fed. Reg. 66533, 66546 (2003) (to be codified at 49 C.F.R. 29.110), 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 May 24, 2001, John Miller and J.D. Miller & Sons Trucking, Inc., pled guilty to one count of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. Also, on October 23, 2001, the Florida Department of Transportation suspended John Miller and J.D. Miller & Sons Trucking, Inc. for a period of three years.
      
      
   2. John Miller and J.D. Miller & Sons Trucking, Inc. have committed acts that are cause for debarment under 49 CFR, Sections 29.305(a)(1) & (4) (2002): 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 a commission of an offense indicating a lack of business integrity or business honesty that seriously and directly affects their present responsibility. Because John Miller and J.D. Miller & Sons Trucking failed to respond to the FHWA's notice proposing debarment within thirty (30) days, they have waived their rights to contest this debarment action.
      
      
   3. These debarment actions have been taken in accordance with 49 C.F.R. Part 29 (2002).
   
   

King W. Gee Debarring Official

Related Sites:

FHWA Notice N2000.518
FHWA Order 2000.2A
Executive Order 12549

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