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 2000.626	March 21 , 2008	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 suspension and proposed debarment 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 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:
      
      George R. Smith, Jr.
      P.O. Box 0616
      Hammonton, New Jersey  08037-0616
      
      Statewide Hi-Way Safety, Inc.
      P.O. Box 0616
      Hammonton, New Jersey  08037-0616
      
      
   2. These suspensions became effective on March 4, 2008.  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 April 4, 2007, George R. Smith, Jr., pled guilty in a Federal court to mail fraud in violation of 18 U.S.C. 1341.  Additionally, on September 14, 2007, George R. Smith, Jr., pled guilty in a New Jersey court to corporate misconduct and making false representations on a government contract, and Statewide Hi-Way Safety, Inc., pled guilty to making false statements.  From September 2002 to April 2005, George R. Smith, Jr., knowingly supplied guide rails that did not meet contract specifications.  In supplying these guide rails, George R. Smith, Jr., on behalf of Statewide Hi-Way Safety, Inc., falsified certifications to the Pennsylvania Department of Transportation (PennDOT) claiming that the material met applicable specifications. 
      
      
   2. Pursuant to 49 CFR Part 29, George R. Smith, Jr., and Statewide Hi-Way Safety, Inc., have committed acts that are cause for suspension and proposed debarment.  Specifically, the FHWA believes that their convictions constitute 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 George R. Smith, Jr., and Statewide Hi-Way Safety, Inc., from participating in Federal nonprocurement programs.  These suspensions shall be for a temporary period imposed only for the duration of their debarment proceedings.
      
      
   4. These suspensions and proposed debarments have been taken in accordance with 49 CFR Part 29.

King W. Gee Suspending & Debarring Official

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