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What is the purpose of this Notice?
This Notice advises that actions have been taken by the Federal Highway Administration (FHWA) for the suspensions and proposed debarments of the individual and companies named in paragraph 2a. These actions are taken pursuant to Executive Order 12549, the U.S. Department of Transportation's (DOT’s) implementing regulations in 49 CFR Part 29, DOT Order 4200.5D, Governmentwide Debarment, Suspension, and Ineligibility, and FHWA Order 2000.2A, Nonprocurement Suspension and Debarment Process.
In accordance with 49 CFR 29.110, these suspensions and proposed debarments 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?
The individual and companies cited below have been sent written notices of their suspensions and proposed debarments:
David Speier
11 Cedar Creek Rd
PO Box 296
Showell, MD 21862
S-Windup, Inc.
11 Cedar Creek Rd
PO Box 296
Showell, MD 21862
Sigma Industries, Inc.
PO Box 347
Selbyville, DE 19975
What is the scope of these actions? The individual and companies cited above are prohibited from being a participant or principal in any covered transaction as described in 49 CFR Part 29, Subpart B. Generally, the individual and companies 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 both procurement and nonprocurement transactions. These suspensions and debarments, if imposed, are effective throughout the Executive Branch of the Federal Government.
What are the causes for these suspensions and proposed debarments?
On September 5, 2006, S-Windup, Inc., formerly Sigma Industries, Inc., and the company’s president, David Speier, entered into a settlement agreement with the Pennsylvania Department of Transportation (PennDOT) agreeing to a 5-year debarment. Specifically, S-Windup, Inc., a structural steel fabricator company that manufactures breakaway support systems for post mounted signs, supplied approximately 1,100 breakaway systems that were installed on PennDOT projects. However, S-Windup, Inc., was not a PennDOT approved supplier of breakaway systems and, in fact, S-Windup, Inc., provided PennDOT inaccurate acceptance certifications, CS-4171s, with the breakaway systems even though they did not meet the specifications concerning hardness and other performance requirements that were applicable to breakaway systems.
Pursuant to 49 CFR Part 29, David Speier and S-Windup, Inc., formerly Sigma Industries, Inc., have committed acts that are cause for suspension and proposed debarment. Specifically, the FHWA believes that David Speier’s and S-Windup, Inc.’s, settlement agreement with PennDOT agreeing to a 5-year debarment 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 David Speier and S-Windup, Inc., formerly Sigma Industries, Inc., from participating in Federal nonprocurement programs. The suspensions shall be for a temporary period imposed only for the duration of their debarment proceedings.
These suspensions and proposed debarments have been taken in accordance with 49 CFR Part 29.
King W. Gee |
Related Sites:
FHWA Order 2000.2A
DOT Order 4200.5D
Executive Order 12549
