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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 and proposed debarments 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 49 CFR 29.110, these suspensions and proposed debarments 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?
The company and individuals cited below have been sent written notices of their suspensions and proposed debarments:
Irving Materials, Inc.
8032 N. State Rd. 9
Greenfield, IN 46140
Fred R. "Pete" Irving
8032 N. State Rd. 9
Greenfield, IN 46140
Price Irving
8032 N. State Rd. 9
Greenfield, IN 46140
John Huggins
8032 N. State Rd. 9
Greenfield, IN 46140
Daniel C. Butler
8032 N. State Rd. 9
Greenfield, IN 46140
These suspensions became effective on August 22, 2005. However, the debarments, if imposed, will not be effective until a final decision has been made at the conclusion of the debarment proceedings.
What is the scope of these actions?The company and individuals cited above are prohibited from being a participant or principal in any covered transaction as described in 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 and debarments, if imposed, are effective throughout the Executive Branch of the Federal government.
What are the causes for the suspensions?
On June 29, 2005, Irving Materials, Inc., Fred R. "Pete" Irving, Price Irving, John Huggins, and Daniel C. Butler pled guilty to a one-count information that charged them with participating in a conspiracy to suppress and eliminate competition by fixing the price at which ready-mixed concrete was sold in the Indianapolis, Indiana, metropolitan area beginning in or about July 2000 and continuing until May 25, 2004.
Pursuant to 49 CFR Part 29, Irving Materials, Inc., Fred R. "Pete" Irving, Price Irving, John Huggins, and Daniel C. Butler have committed acts that are cause for suspension and proposed debarment. Specifically, the FHWA believes that their plea agreements constitute sufficient cause for suspension and proposed debarment.
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 their debarment proceedings.
These suspensions and proposed debarments have been taken in accordance with 49 CFR Part 29.
 King W. Gee Suspending & Debarring Official |
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Related Sites:
FHWA Order 2000.2A
Executive Order 12549
