This directive was canceled August 23, 2007 by the following FHWA Notices: N 2000.608; N 2000.609; N 2000.610; and N 2000.611.

U.S. Department of Transportation Federal Highway Administration	Notice Subject Suspension from Federal Nonprocurement Programs
	Classification Code	Date	Office of Primary Interest
	N 2000.548	April 6, 2006	HIPA-30

1. What is the purpose of this notice?

   1. This notice serves to advise that actions have been taken by the Federal Highway Administration (FHWA) for the suspensions of the 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.

   2. In accordance with 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.

2. What actions have been taken?

   1. The individuals cited below have been notified in writing of their suspensions:

      Joseph Czarnecki
      109 Ward Street
      Naugatuck, CT 06770-4531

      Mark Lalla
      41 Hull Road
      Burlington, CT 06013-2103

      John Marchese
      583 Millbrook Road
      Middletown, CT 06457-5521

      Robert Mongillo
      30 Masters Drive
      Southington, CT 06489-1630

   2. These suspensions became effective on March 10, 2006.

3. What is the scope of these actions? The individuals cited in paragraph 2a are prohibited from being a participant or principal in any primary or lower tier covered transaction, as defined in 49 CFR Part 29, Subpart B. Generally, the 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.

4. What are the causes for the suspensions?

   1. On November 22, 2004, an "investigatory grand jury" was appointed to investigate the activities of certain employees employed by the Connecticut Department of Transportation (ConnDOT) with respect to their activities and business dealings with contractors and the misuse of Government funds. A preliminary finding from the investigation reported the discovery of multiple schemes that ConnDOT employees participated in to promote and give competitive advantages to Marino Brothers of New England, Inc. During the course of these investigations, the "investigatory grand jury" believed that some testimonies material to the inquiry were false. As a result, informations were subsequently filed charging the individuals in paragraph 2a with perjury for making the following false statements:

      1. (1) Joseph Czarnecki gave sworn testimony in which he denied that he had ever received sporting event tickets or other gifts except a calendar from a contractor doing business with the State of Connecticut.

      2. (2) Mark Lalla gave sworn testimony in which he denied that he had ever received sporting event tickets from a contractor doing business with the State of Connecticut.

      3. (3) John Marchese gave sworn testimony in which he denied ever having any of his travel expenses paid for by any contractor doing business with the State of Connecticut.

      4. (4) Robert Mongillo gave sworn testimony in which he denied ever having any of his travel expenses paid for by any contractor doing business with the State of Connecticut.

   2. Pursuant to 49 CFR Part 2, Joseph Czarnecki, Mark Lalla, John Marchese, and Robert Mongillo have committed acts that are cause for suspension. Specifically, the FHWA believes that their informations constitute adequate evidence for a suspension.

   3. 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 Joseph Czarnecki's, Mark Lalla's, John Marchese's, and Robert Mongillo's criminal proceedings.

   4. Their suspensions have been taken in accordance with 49 CFR Part 29.

Related Sites:
FHWA Order 2000.2A
Executive Order 12549