U.S. Department of Transportation Federal Highway Administration	Notice Subject Debarment from Federal Nonprocurement Programs
	Classification Code	Date	Office of Primary Interest
	N2000.533	August 24, 2004	HCC-30

1. What is the purpose of this notice? ? This notice cancels FHWA Notice N2000.530 issued on May 5, 2004, that suspended and proposed to debar the individual and company cited below. This notice also serves to advise that the Federal Highway Administration (FHWA) has made decisions concerning their proposed debarments as stated in paragraph 2a.

   Adriene Balton
   3225 8th Avenue North
   Birmingham, Alabama 35222

   L&K Electric Supply Co., LTD.
   3225 8th Avenue North
   Birmingham, Alabama 35222

2. What actions have been taken?

   1. The FHWA has decided to debar the individual and company cited above for a period of three (3) years. These debarments shall be retroactive from the date of their suspensions by the FHWA; DEBARMENTS EXPIRE: May 5, 2007.
      
      
   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 terminate, and their debarments shall become effective.
   
   
   

3. What is the scope of these actions?

   1. The individual and company cited in paragraph 1 are prohibited from being participants or principals in any 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 individual and company 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 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), these 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 are the causes for the suspensions and proposed debarments?

   1. On or about September 9, 2003, Adriene Balton and L&K Electric Supply Co., LTD. pled guilty to two counts of knowingly making false statements and representations in violation of 18 U.S.C. §§1001(a)(2) & 2 concerning false statements made on L&K Electric Supply Co.'s applications to the Virginia Department of Transportation for certification in the disadvantaged business enterprise program. On or about December 19, 2003, Adriene Balton was sentenced to 4 years of probation and a $5,000 fine and, on or about December 22, 2003, L&K Electric Supply Co. was sentenced to 5 years of probation and a $100,000 fine.
      
      
   2. Adriene Balton and L&K Electric Supply Co. have committed acts that are cause for debarment under 68 Fed. Reg. 66533, 66552 (2003) (to be codified at 49 C.F.R. 29.800(a)(3)), convictions for the commission of making false statements. Because Adriene Balton and L&K Electric Supply Co. failed to respond to the FHWA's notice proposing debarment within thirty (30) days, they have waived their rights to contest their debarment actions.
      
      
   3. These debarments 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:

Notice N2000.530

FHWA Order 2000.2A

Executive Order 12549