This directive was canceled July 30, 2007

U.S. Department of Transportation Federal Highway Administration	Notice Subject SUSPENSION AND PROPOSED DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	Office of Primary Interest
	N 2000.588	June 8, 2007	HIPA-30

1. What is the purpose of this Notice? 

   1. This Notice advises that actions have been taken by the Federal Highway Administration (FHWA) for the suspensions and proposed debarments of the individual and company 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.

   2. 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.

2. What actions have been taken?

   1. The individual and company cited below have been sent written notices of their suspensions and proposed debarments:

      Pedro "Cuco" Feliciano
      P.O. Box 2025
      Las Piedras, PR  00771

      Las Piedras Construction Corporation
      P.O. Box 2025
      Las Piedras, PR  00771

   2. These suspensions became effective on February 22, 2007.  However, the debarments, if imposed, will not be effective until a final decision has been made at the conclusion of the debarment proceedings. 

3. What is the scope of these actions?  The individual and company 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 company 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.

4. What are the causes for these suspensions and proposed debarments?

   1. On October 11 and 13, 2006, Pedro "Cuco" Feliciano testified during the trial of Rene Vazquez-Botet and Marcos Morell-Corrada in the Federal District Court in San Juan, Puerto Rico, that he and his company, Las Piedras Construction Corporation, played a significant role in Messrs. Vazquez-Botet’s and Morell-Corrada’s criminal activities.  Specifically, Pedro "Cuco" Feliciano testified to making an illegal payment to Mr. Vazquez-Botet in return for work performed by Las Piedras Construction Corporation on the Superaqueduct project in Puerto Rico, and that the illegal payment of 2% of the contract award cost was made in multiple payments from July 1996 to May 1999.

   2. Pursuant to 49 CFR Part 29, Pedro "Cuco" Feliciano and Las Piedras Construction Corporation have committed acts that are cause for suspension and proposed debarment.  Specifically, the FHWA believes that Pedro "Cuco" Feliciano’s testimony during the trial of Rene Vazquez-Botet and Marcos Morell-Corrada constitutes sufficient cause for suspension and proposed debarment.

   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 Pedro "Cuco" Feliciano and Las Piedras Construction Corporation from participating in Federal nonprocurement programs.  The suspensions shall be for a temporary period imposed only for the duration of their debarment proceedings.

   4. hese suspensions and proposed debarments have been taken in accordance with 49 CFR Part 29.

Related Sites:
FHWA Order 2000.2A
DOT Order 4200.5D
Executive Order 12549