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Federal Highway
Administration

Notice
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Subject
Debarment From Federal Nonprocurement Programs
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Classification Code Date
Office of Primary Interest
N 2000.564 August 2, 2006 HIPA-30

  1. What is the purpose of this Notice? This Notice serves to advise that the Federal Highway Administration (FHWA) has made a decision concerning the proposed debarments of the following company and individual as stated in paragraph 2a.

    1. Walter Construction Associates, Inc.
      27 East Main Street
      Elmsford, New York 10523-2608

    2. Walter Bale
      27 East Main Street
      Elmsford, New York 10523-2608

  2. What actions have been taken?

    1. The FHWA has decided to debar the company and individual cited above for a period of 3 years. Their debarments are retroactive from the date of their suspensions by the FHWA; DEBARMENTS EXPIRE: September 16, 2008.

    2. The company and individual cited above have been notified in writing of this decision.

  3. What is the scope of these actions?

    1. The company and individual 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 company and individual 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.

  4. What are the causes for these debarments?

    1. On or about July 14, 2005, Walter Bale pled guilty to conspiring to launder money in connection with a scheme where Walter Construction Associates, Inc., performed subcontract work utilizing another company's status as a certified Disadvantaged Business Enterprise.

    2. Pursuant to 49 CFR Part 29, Walter Construction Associates, Inc., and Walter Bale have committed acts that are cause for suspension and proposed debarment. Specifically, the FHWA believes that Walter Bale's guilty plea constitutes sufficient cause for suspension and proposed debarment.

    3. Because Walter Construction Associates, Inc., and Walter Bale failed to respond to their September 16, 2005, suspension and proposed debarment notification letters within thirty (30) days, they have waived their rights to contest their debarment actions.

    4. After considering the serious nature of these acts, the FHWA has decided that Walter Construction Associates, Inc., and Walter Bale 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 3 years from the date of their suspensions. As stated above, their debarments will expire on September 16, 2008.

    5. These debarments have been taken in accordance with 49 CFR Part 29.

Signature: King W. Gee

King W. Gee
Suspending Official

Related Sites:
FHWA Order 2000.2A
Executive Order 12549


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