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 2000.593	July 27, 2007	HIPA-30

1. What is the purpose of this Notice?

   1. This notice cancels Federal Highway Administration (FHWA) Notice N2000.567 issued on August 2, 2006.

   2. This notice serves to advise that actions have been taken by the FHWA for continuing the suspensions of the company and individuals 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.

   3. 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.

2. What actions have been taken?

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

      P.A. Landers, Inc.
      351 Winter Street
      Hanover, MA 02339-2509

      Preston A. Landers
      351 Winter Street
      Hanover, MA 02339-2509

      Gregory R. Keelan
      351 Winter Street
      Hanover, MA 02339-2509

   2. These suspensions became effective on November 1, 2005, and were continued on June 28, 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 company and individuals 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 company and individuals 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 September 28, 2005, P.A. Landers, Inc., Preston A. Landers, and Gregory R. Keelan were each indicted on one count of conspiracy to commit offenses against the United States in violation of 18 U.S.C. 371, eight counts of mail fraud in violation of 18 U.S.C. 1341, and three counts of aiding and abetting and false claims regarding a Federally funded highway project in violation of 18 U.S.C. 1020 and 2. According to the indictments, Preston A. Landers and Gregory R. Keelan directed employees of P.A. Landers, Inc., to generate fake and inflated asphalt weight tickets on numerous Federally funded paving projects.

   2. On May 9, 2007, P.A. Landers, Inc., Preston A. Landers, and Gregory R. Keelan were each found guilty of (1) one count of conspiracy to commit offenses against the United States in violation of 18 U.S.C. 371; (2) five counts of mail fraud in violation of 18 U.S.C. 1341; and (3) two counts of aiding and abetting and false claims regarding a Federally funded highway project.

   3. Pursuant to 49 CFR Part 29, P.A. Landers, Inc., Preston A. Landers, and Gregory R. Keelan have committed acts that are cause for suspension and proposed debarment. Specifically, the FHWA believes that the P.A. Landers, Inc., Preston A. Landers, and Gregory R. Keelan convictions constitute sufficient cause for suspension and proposed debarment.

   4. 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 continue the November 1, 2005, suspensions of P.A. Landers, Inc., Preston A. Landers, and Gregory R. Keelan. The suspensions shall be for a temporary period imposed only for the duration of their debarment proceedings.

   5. These suspensions and proposed debarments have been taken in accordance with 49 CFR Part 29.

Related Sites:
N2000.567
FHWA Order 2000.2A
DOT Order 4200.5D
Executive Order 12549