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 2000.619	November 19, 2007	HIPA-30

1. What is the purpose of this Notice?

   1. This Notice advises that action has been taken by the Federal Highway Administration (FHWA) for the suspension and proposed debarment of the individual 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 and proposed debarment is consistent with the Federal Government's policy to use the discretionary action of suspension and debarment 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:

      Thomas Costa
      14 Euclid Avenue
      Dix Hill, NY 11746-6443

   2. These suspensions became effective on October 26, 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 March 7, 2007, Thomas Costa pled guilty to conspiring to launder money in violation of 18 U.S.C. 1956(h). From 2002 to 2004, Thomas Costa conspired to bribe a New York City roadway construction inspector in exchange for allowing him to over bill New York City in excess of $400,000 on a roadway milling contract for work that his company, Costa Construction and Consulting, Corp., had not performed.

   2. Pursuant to 49 CFR Part 29, Thomas Costa has committed an act that is cause for suspension and proposed debarment. Specifically, the FHWA believes that Thomas Costa's conviction 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 Thomas Costa from participating in Federal nonprocurement programs. The suspension shall be for a temporary period imposed only for the duration of his debarment proceedings.

   4. These 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

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