U.S. Department of Transportation Federal Highway Administration	Notice Subject Suspension from Federal Nonprocurement Programs
	Classification Code	Date	Office of Primary Interest
	N2000.528	April 23, 2004	HIPA-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 suspensions of the company and individuals named in paragraph 2a. These actions are taken pursuant to Executive Order 12549 , the U.S. Department of Transportation's (USDOT's) implementing regulations in 49 C.F.R., Part 29, and FHWA Order 2000.2A, Nonprocurement Suspension and Debarment Process.

   2. In accordance with 68 Fed. Reg. 66533, 66546 (2003) (to be codified at 49 C.F.R. 29.110), these 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.

2. What actions have been taken?

   1. The company and individuals cited below have been sent written notice of their suspensions:

      Vinton Construction Company
      2705 N. Rapids Road
      Manitowoc, WI 54220-1110

      James J. Maples
      2705 N. Rapids Road
      Manitowoc, WI 54220-1110

      Michael J. Maples
      2705 N. Rapids Road
      Manitowoc, WI 54220-1110

   2. These suspensions became effective on March 31, 2004.

3. What is the scope of these actions? The company and individuals cited above 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 individuals are prohibited from submitting a proposal for, or entering into, a covered transaction, or participating in a covered transaction 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 the 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. These suspensions are effective throughout the Executive Branch of the Federal government.

4. What are the causes for the suspensions?

   1. On or about March 9, 2004, a criminal indictment was filed, in the United States District Court for the Eastern District of Wisconsin, against Vinton Construction Company, James J. Maples, and Michael J. Maples alleging that they engaged in a combination and conspiracy in unreasonable restraint of interstate trade and commerce in violation of section 1 of the Sherman Act (15 U.S.C. 1).

   2. Pursuant to 68 Fed. Reg. 66533, et seq. (to be codified at 49 C.F.R. Part 29), Vinton Construction Company, James J. Maples, and Michael J. Maples are charged with acts that are cause for suspension. Specifically, the FHWA believes that their indictments constitute adequate evidence for 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 finds it necessary to immediately suspend the parties listed above from participating in Federal nonprocurement programs. The suspensions shall be for a temporary period imposed only for the duration of Vinton Construction Company's, James J. Maples', and Michael J. Maples' criminal proceedings.

   4. These suspensions have been taken in accordance with 68 Fed. Reg. 66533, et seq. (to be codified at 49 C.F.R. Part 29).

King W. Gee Suspending Official

Related Sites:

FHWA Order 2000.2A

Executive Order 12549