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What is the purpose of this notice?
This notice serves to advise that action has been taken by the Federal Highway Administration (FHWA) for the suspension and proposed debarment of the company named in paragraph 2a. This action is 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, this suspension and proposed debarment is consistent with the Federal government's policy to use the discretionary action of suspension and debarment to conduct business only with responsible persons and to protect the public interest, the Federal government, and the integrity of Federal programs.
What action has been taken?
The company cited below has been notified in writing of their suspension and proposed debarment:
Atlas Central Corporation
1111 Fairfield Avenue
Cleveland, OH 44113-3600
This suspension became effective on May 19, 2006. However, the debarment, if imposed, will not be effective until a final decision has been made at the conclusion of the debarment proceeding.
What is the scope of this action? The company cited in paragraph 2a is 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 company is 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. This suspension and debarment, if imposed, are effective throughout the Executive Branch of the Federal government.
What is the cause for the suspension and proposed debarment?
On January 27, 2005, Atlas Central Corporation pled guilty to one count of violating 18 U.S.C. 666(a)(2) for paying an Ohio Department of Transportation inspector $3,000 in order to influence the inspector's performance of his official responsibilities and duties with respect to overseeing a Federally funded bridge painting contract.
Pursuant to 49 CFR Part 29, Atlas Central Corporation has committed an act that is cause for suspension and proposed debarment. Specifically, the FHWA believes Atlas Central Corporation's plea agreement constitutes 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 company from participating in Federal nonprocurement programs. The suspension shall be for a temporary period imposed only for the duration of their debarment proceeding.
This suspension and proposed debarment have been taken in accordance with 49 CFR Part 29.
King W. Gee |