U.S. Department of Transportation Federal Highway Administration	Notice Subject SUSPENSION FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	Office of Primary Interest
	N 2000.616	October 18, 2007	HIPA-30

1. What is the purpose of this Notice?

   1. This Notice serves to advise that action has been taken by the Federal Highway Administration (FHWA) for the suspension of the company named in paragraph 2a. This action is 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, this suspension is 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 action has been taken?

   1. The company cited below has been notified in writing of its suspension:

      Powers Fasteners, Inc.
      2 Powers Lane
      Brewster, NY 10509

   2. This suspension became effective on October 18, 2007.

3. What is the scope of this action? The company cited in paragraph 2a is prohibited from being a participant or principal in any primary or lower tier covered transaction, as defined in 49 CFR Part 29, Subpart B. Generally, the company 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 both procurement and nonprocurement transactions. This suspension is effective throughout the Executive Branch of the Federal Government.

4. What is the cause for this suspension?

   1. On August 8, 2007, Powers Fasteners, Inc., was indicted for involuntary manslaughter in the death of Milena Del Valle. Specifically, the Superior Court for the Commonwealth of Massachusetts indicted the company for allegedly engaging in "wanton or reckless conduct", and/or "wantonly or recklessly [omitting] to act," in connection with the company's marketing or supply of its "Power-Fast Fast Set" epoxy product that was used to anchor the suspended concrete ceiling panels in the I-90 Connector Tunnel. On July 10, 2006, one of these concrete ceiling panels collapsed and killed Milena Del Valle and injured her husband as they were traveling through the I-90 Connector Tunnel toward Logan International Airport.

   2. Pursuant to 49 CFR Part 29, Powers Fasteners, Inc., has committed acts that are cause for suspension. Specifically, the FHWA believes that Powers Fasteners, Inc.'s, indictment constitutes adequate evidence for suspension.

   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 the company cited in paragraph 2a from participating in Federal nonprocurement programs. This suspension shall be for a temporary period imposed only for the duration of their criminal proceedings.

   4. This suspension has been taken in accordance with 49 CFR Part 29.

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

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