U.S. Department of Transportation Federal Highway Administration	Notice Subject
	DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	Office of Primary Interest
	N 2000.537	April 7, 2005	HCC-30

1. What is the purpose of this notice? This notice cancels Federal Highway Administration (FHWA) Notice N2000.536 issued on January 11, 2005, announcing the suspensions and proposed debarments of the individual and company cited below. This notice also serves to advise that the FHWA has made decisions concerning their proposed debarments as stated in paragraph 2a.

   Charles Robert Parkins
   704 Park Street
   South Charleston, West Virginia 25309

   A&E Technical Services, Inc.
   704 Park Street
   South Charleston, West Virginia 25309

2. What actions have been taken?
   
   
   1. The FHWA has decided to debar the individual and company cited above for a period of two years. These debarments are retroactive from the date of their suspensions by the FHWA; DEBARMENTS EXPIRE: December 23, 2006.
      
      
   2. The individual and company cited above have been notified in writing of this decision.
      
      
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 49 CFR 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 49 CFR 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 is the cause for debarment?
   
   
   1. On February 20, 2004, the United States District Court for the Southern District of West Virginia granted the United States Government's motion for summary judgment in an action brought by the United States against Charles Robert Parkins and A&E Technical Services, Inc., pursuant to the False Claims Act, 31 U.S.C. 3729—for making false claims. Specifically, under the terms of these contracts, these parties were required to inspect properties and obtain and analyze samples for the presence of asbestos. However, instead of performing the required inspections, they submitted a falsified inspection report showing that they had performed the required inspection work when, in fact, they had not. In submitting these falsified reports, Charles Robert Parkins and A&E Technical Services, Inc. submitted invoices to the West Virginia Department of Transportation for work they did not do. On July 1, 2004, the court ordered Charles Robert Parkins and A&E Technical Services, Inc., to pay damages to the United States in the amount of $93,690.30 and a $38,500 fine.
      
      
   2. Pursuant to 49 CFR Part 29, Charles Robert Parkins and A&E Technical Services, Inc., have committed acts that are cause for debarment. Specifically, their civil judgments for making false claims constitute cause for debarment pursuant to 49 CFR 29.800(a)(3). After considering the serious nature of these acts, as well as their responses in opposition to their proposed debarments, the FHWA has decided that Charles Robert Parkins and A&E Technical Services, Inc., pose a risk to the Federal government and that it is in the best interests of the Federal government that they be debarred for a period of two years from the date of their suspensions. As stated above, their debarments will expire on December 23, 2006.
      
      
   3. These debarments have been taken in accordance with 49 CFR Part 29.
      
      
   
   
   

King W. Gee Suspending Official

Related Sites:
FHWA Notice N2000.536
Executive Order 12549
FHWA Order 2000.2A