U.S. Department of Transportation Federal Highway Administration	Notice Subject Suspension From Federal Nonprocurement Programs
	Classification Code	Date	Office of Primary Interest
	N 2000.565	August 2, 2006	HIPA-30

1. What is the purpose of this Notice?

   1. This Notice serves to advise that action has been taken by the Federal Highway Administration (FHWA) for the suspension of the individual 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.

   2. In accordance with 49 CFR 29.110, this suspension is 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 action has been taken?

   1. The individual cited below has been notified in writing of his suspension:

      Michael Alan Zacker
      4319 N. Georgia Avenue
      Oklahoma City, OK 73118-2233

   2. This suspension became effective on March 15, 2006.

3. What is the scope of this action? The individual cited in paragraph 2a is prohibited from being a participant or principal in any covered transaction, as defined in 49 CFR Part 29, Subpart B. Generally, the individual 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 is effective throughout the Executive Branch of the Federal government.

4. What are the causes for the suspension?

   1. On November 30, 2005, an information was filed in Oklahoma County District Court charging Michael Alan Zacker with three counts of bribery in violation of 21 OS 380 and one count of conspiracy to defraud the State of Oklahoma in violation of 21 OS 424. Allegedly, in return for accepting favors from a firm, Michael Alan Zacker decided to not properly oversee and inspect the removal and disposal operation of the lead-based paint being performed by the firm and submitted false inspection reports.

   2. Pursuant to 49 CFR Part 29, Michael Alan Zacker has committed acts that are cause for suspension. Specifically, the FHWA believes that his information constitutes 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 individual listed above from participating in Federal nonprocurement programs. The suspension shall be for a temporary period imposed only for the duration of Michael Alan Zacker's criminal proceedings.

   4. This suspension has been taken in accordance with 49 CFR Part 29.

Related Sites:
FHWA Order 2000.2A
Executive Order 12549