This directive was canceled March 4, 2008

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 2000.605	August 23, 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 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 individual cited below has been sent written notice of his suspension and proposed debarment:

      Houston Lytch, Jr.
      3616 Maldon Way, Apt 3A
      High Point, NC 27260

   2. The suspension became effective on July 27, 2007. However, the debarment, 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 this action? The individual cited above is prohibited from being a participant or principal in any covered transaction as described in 49 CFR Part 29, Subpart B. Generally, the individual 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 and debarment, if imposed, is effective throughout the Executive Branch of the Federal Government.

4. What is the cause for this suspension and proposed debarment?

   1. On or about October 2, 2006, APAC-Atlantic, Inc., entered into a $2.25 million civil settlement with United States Department of Justice and the North Carolina Department of Transportation for falsifying asphalt tests. An internal APAC-Atlantic, Inc., investigation and a DOT Office of Inspector General's investigation into the falsifying of asphalt tests indicated that Houston Lytch, Jr., participated in this improper conduct.

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

   4. This suspension and proposed debarment 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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