U.S. Department of Transportation Federal Highway Administration	Notice Subject Debarment From Federal Nonprocurement Programs
	Classification Code	Date	Office of Primary Interest
	N 2000.575	November 15, 2006	HIPA-30

1. What is the purpose of this Notice? This Notice cancels Federal Highway Administration (FHWA) Notice N 2000.561, issued on June 19, 2006, and it serves to advise that the FHWA has made a decision concerning the proposed debarment of the following individual as stated in paragraph 2a.

   Ralph Smith III
   11610 Lyman Road
   Chesterland, OH 44026-1826

2. What actions have been taken?

   1. The FHWA has decided to debar the individual cited above retroactive from the date of his suspension for a period of 3 years; DEBARMENT EXPIRES: May 19, 2009.

   2. The individual cited above has been notified in writing of this decision.

3. What is the scope of these actions?

   1. The individual cited in paragraph 1 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 debarment is effective throughout the Executive Branch of the Federal Government.

   2. As stated in 49 CFR 29.110, this debarment is 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 this debarment?

   1. On March 7, 2006, Ralph Smith III pled guilty to ten counts of making false statements in connection with a highway project in violation of 18 U.S.C. 1020. According to the plea agreement, from April 29, 2001, through July 28, 2001, Ralph Smith III falsified the Ohio Department of Transportation daily inspection reports to show that the bridge painting contractor had met or exceeded the contract specifications with respect to surface preparation, abrasive blasting, and application of paint fully knowing the contractor had not met the specifications.

   2. Pursuant to 49 CFR Part 29, Ralph Smith III has committed acts that are cause for debarment. Specifically, his plea agreement for falsification of records is cause for debarment pursuant to 49 CFR 29.800(a)(3).

   3. Because Ralph Smith III failed to respond to his May 19, 2006, proposed debarment notification letter within 30 days, he has waived his right to contest the debarment action.

   4. After considering the serious nature of these acts, the FHWA has decided that Ralph Smith III poses a risk to the Federal Government and that it is in the best interest of the Federal Government that he be debarred for a period of 3 years. As stated above, his debarment will expire on May 19, 2009.

   5. This debarment has been taken in accordance with 49 CFR Part 29.

	King W. Gee Debarring Official

Related Sites:
Notice N2000.561
FHWA Order 2000.2A
Executive Order 12549