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What is the purpose of this Notice?
This Notice cancels FHWA Notice N2000.554 and advises that action has been taken by the Federal Highway Administration (FHWA) to continue the suspensions of the company and individual named in paragraph 2a and lift the suspension of the company named in paragraph 2b. 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 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?
On March 30, 2006, the company and individual cited below were sent written notices of their suspensions. These suspensions became effective on March 30, 2006.
Suffolk Asphalt Supply, Inc.
100 Rogers Avenue
Westhampton Beach, NY 11978-1419
James Kenneth Haney
100 Rogers Avenue
Westhampton Beach, NY 11978-1419
On March 30, 2006, the company cited below was sent written notice of its suspension based on its affiliation to Suffolk Asphalt Supply, Inc., and James Kenneth Haney. This suspension became effective on March 30, 2006. On May 24, 2006, after considering this company's response, the FHWA terminated this company's suspension. The suspension was lifted effective on May 24, 2006.
Newborn Construction, Inc.
61 Clinton Street
Center Moriches, NY 11934-2403
What is the scope of these actions? The company and individual cited in paragraph 2a are prohibited from being a participant or principal 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 suspensions are effective throughout the Executive Branch of the Federal government.
What are the causes for these suspensions?
On December 16, 2005, Suffolk Asphalt Supply, Inc., and James Kenneth Haney were each indicted on two counts of attempt and conspiracy to commit mail fraud in violation of 18 U.S.C. 1349 and 3551. According to the indictments, these parties participated in a scheme to manipulate the awarding of contracts by the Suffolk County Department of Public Works (SCDPW) in New York and the Town of Brookhaven in New York through a system of bid-rigging. In furtherance of this scheme, the parties all used the mail to send relevant correspondence to the SCDPW and Brookhaven, and they caused SCDPW and Brookhaven to use the mail to transmit payments to the parties.
Pursuant to 49 CFR Part 29, Suffolk Asphalt Supply, Inc., and James Kenneth Haney have committed acts that are cause for suspension. Specifically, the FHWA believes that their indictments constitute adequate evidence for a suspension.
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 Suffolk Asphalt Supply, Inc.'s, and James Kenneth Haney's criminal proceedings.
These suspensions have been taken in accordance with 49 CFR Part 29.
King W. Gee |
Related Sites:
FHWA Notice N2000.554
FHWA Order 2000.2A
Executive Order 12549
