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What is the purpose of this notice?
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 CFR, Part 29, and FHWA Order 2000.2A, Nonprocurement Suspension and Debarment Process.
In accordance with 68 Fed. Reg. 66533, 66546 (2003) (to be codified at 49 CFR 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.
What actions have been taken?
M.B.E., Inc.
426 S. Florida Ave.
Tarpon Springs, FL 34689
Fani Gialousis
426 S. Florida Ave.
Tarpon Springs, FL 34689
Tony Gialousis
426 S. Florida Ave.
Tarpon Springs, FL 34689
Manuel Gialousis
426 S. Florida Ave.
Tarpon Springs, FL 34689
These suspensions are effective upon signature of this notice by the Suspending Official.
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 CFR Part 29, Subpart B). Generally, this company and these 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.
What are the causes for the suspensions?
On July 7, 2004, August 25, 2004, August 27, 2004, and September 9, 2004, felony informations were filed against M.B.E., Inc., Fani Gialousis, Tony Gialousis, and Manuel Gialousis in the District Courts of several separate counties in the State of Oklahoma. Additionally, on May 5, 2004, an administrative compliance order was issued by the Oklahoma Department of Environmental Quality to M.B.E., Inc., concerning violations by M.B.E., Inc., of the Oklahoma Environmental Quality Code, the Oklahoma Hazardous Waste Management Act, and the Oklahoma Solid Waste Management Act on several Federally funded bridge painting contracts.
Pursuant to 68 Fed. Reg. 66533, et seq. (to be codified at 49 CFR Part 29), M.B.E., Inc., Fani Gialousis, Tony Gialousis, and Manuel Gialousis have committed acts that are cause for suspension. Specifically, the FHWA believes that their informations constitute adequate evidence for a suspension.
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 M.B.E., Inc.'s, Fani Gialousis's, Tony Gialousis's, and Manuel Gialousis's criminal proceedings.
These suspensions have been taken in accordance with 68 Fed. Reg. 66533, et seq. (to be codified at 49 CFR Part 29).
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