Notice N 2000.543 - Debarment from Federal Nonprocurement Programs

U.S. Department of Transportation Federal Highway Administration	Notice Subject Debarment From Federal Nonprocurement Programs

	Classification Code	Date	Office of Primary Interest
	N 2000.543	July 25, 2005	HCC-30

What is the purpose of this notice? This notice cancels FHWA Notice N2000.526 issued on March 23, 2004, that suspended the individual and company cited below for the duration of their criminal proceedings. Also, this notice serves to advise that the Federal Highway Administration (FHWA) has taken action with respect to the following individual and company as stated in paragraph 2a.

Nickolas Mousakis
"Nick Muskie"
203 G Street South
Kerrville, TX 78028

Kerrville Painting Co., Inc.
203 G Street South
Kerrville, TX 78028
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; DEBARMENTS EXPIRE: April 7, 2008.
2. The individual and company cited above have been notified in writing of this decision.
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 are 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.
What are the causes for the suspensions?
1. On or about September 4, 2003, Nick Muskie and his company, Kerrville Painting Co., Inc., were indicted for one count of conspiracy to defraud the United States in violation of 18 U.S.C. 371; one count of disposing of hazardous waste without a permit in violation of 42 U.S.C. 6928; one count of transporting hazardous waste without a manifest in violation of 42 U.S.C. 6928; one count of discharging pollutants in navigable waters of the United States in violation of 33 U.S.C. 1319; one count of bribery concerning programs receiving Federal funds in violation of 18 U.S.C. 666; thirty-four counts of making false statements in connection with a Federal-aid highway project; and five counts of making false statements in violation of 18 U.S.C. 1001. On March 23, 2004, the FHWA suspended Nick Muskie and Kerrville Painting Co., Inc., for the duration of their criminal proceedings.
2. On or about August 9, 2004, Nick Muskie pled guilty to one count of conspiracy in violation of 18 U.S.C. 371, and one count of knowingly disposing of, and causing to be disposed of, hazardous waste without a permit in violation of 42 U.S.C. 6928(d)(2)(A). Additionally, on the same date, Kerrville Painting Co., Inc., pled guilty to one count of conspiracy in violation of 18 U.S.C. 371; one count of knowingly disposing of, and causing to be disposed of, hazardous waste without a permit in violation of 42 U.S.C. 6928(d)(2)(A); one count of knowingly transporting, and causing to be transported, hazardous waste without a manifest in violation of 42 U.S.C. 6928(d)(5); one count of discharging blasting waste and lead based paint into the Black River from the Black Rock Bridge at Black Rock, Arkansas, in violation of 33 U.S.C. 1319(c)(2)(A) and 1311(a); and one count of discharging blasting waste and lead based paint into the Black River from the Pocahontas Bridge at Pocahontas, Arkansas, in violation of 33 U.S.C. 1311(a). Subsequently, on or about November 19, 2004, Nick Muskie was sentenced to three years imprisonment, three years supervised release, and ordered to pay $324,613 in restitution; and Kerrville Painting Co., Inc., was sentenced to five years probation and ordered to pay $324,613 in restitution.
3. On April 7, 2005, the FHWA proposed to debar Nick Muskie and Kerrville Painting Co., Inc., for their August 9, 2004, convictions and reimposed their suspensions, which had terminated at the conclusion of their debarment proceedings. After considering the serious nature of these acts, the FHWA has decided that Nick Muskie and Kerrville Painting Co., 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 three (3) years from the date of the suspensions that were imposed on April 7, 2005. However, after considering Nick Muskie's and Kerrville Painting Co., Inc.'s, lack of business integrity, as well as their intentional disregard for the public's health and safety, they were not given any credit for the period of the suspensions that were imposed on March 23, 2004. As stated above, their debarments will expire on April 7, 2008.
4. These debarments have been taken in accordance with 49 CFR Part 29.

	King W. Gee Suspending Official

FHWA Home | Directives | Feedback