U.S. Department of Transportation
Federal Highway Administration

NOTICE

1. PURPOSE

   1. This notice serves to advise that action has been taken by the Federal Highway Administration (FHWA) to debar the individual named below in paragraph 2a. This action is taken pursuant to Executive Order 12549, the Department of Transportation's implementing regulations at 49 CFR Part 29, and the FHWA's Order 2000.2 on the Nonprocurement Suspension and Debarment Process.

   2. This debarment is consistent with a policy to use these discretionary actions to conduct business only with responsible persons and to protect the public interest, the Federal Government, and the integrity of Federal programs (49 CFR § 29.115).

2. ACTIONS TAKEN AND THEIR SCOPE

   1. The individual cited below has been given written notice of the debarment action. The debarment is effective upon signature of this notice by the Debarring Official and shall continue until the date listed below. The debarment has the scope and effect as set forth in paragraph (b) below.

      Mr. Rickey Ferrell
      Manager
      Metro Mix, Incorporated
      1634 Ferrell Park
      Memphis, Tennessee 38116-1923

      DEBARMENT EXPIRES AT MIDNIGHT ON JANUARY 19, 1995.

   2. Under the debarment, the individual named above is prohibited from being a participant or principal in any primary or lower tier "covered transaction," as defined in 49 CFR §§ 29.105 & 29.110. Generally, the individual is prohibited from submitting a proposal or entering, or participating as, an officer, director, owner, key employee or other person with primary management or supervisory responsibilities, in any "covered transaction," including any nonprocurement transaction between an agency and a person. The debarment shall be effective throughout the entire Executive Branch of the Federal Government. The scope of a debarment is defined in 49 CFR Part 29.

3. CAUSE FOR DEBARMENT

   1. Metro Mix supplies concrete to construction projects, including at least two Federal-aid projects in the Memphis, Tennessee, area. Mr. Ferrell admitted falsifying documents, including a concrete batch ticket, to conceal that a load of concrete was being delivered outside of the time limits set by the Tennessee Department of Transportation (TDOT). Mr. Rickey Ferrell admitted his conduct in a letter to District Engineer Bill McIntyre in 1992. Also, his conduct, including the falsification of the concrete batch ticket, was confirmed by an investigative audit by TDOT.

   2. On or about October 23, 1992, Mr. Ferrel's employer, Metro-Mix, supplied concrete to the Nonconnah Parkway project. Metro-Mix's Cordova Plant operator, Mr. Doug Ferrell, sent a 10 cubic yard load of ready mix concrete to this project at about 8:30 a.m. Because the load violated the TDOT specifications, the load was rejected by the prime contractor at about 10:10 a.m. When the load returned to Metro-Mix's Millbranch Plant location, Rickey Ferrell falsified an entire new set of documents and sent the previously rejected load of ready mix concrete to the Jackson Avenue project. The false set of documents included a ticket from Metro Mix's batching computer system and a ticket from the dispatch computer system. Also, there were significant irregularities with the daily reports of concrete inspection for these two projects.

   3. Pursuant to 49 CFR Part 29, the debarring official for the FHWA may debar an individual, corporation, or other entity for certain convictions, civil judgments, or "other causes." These "other causes" include, but are not limited to, (1) violating the terms of a public agreement or transaction to the extent that it affects the integrity of an agency program (49 CFR § 29.305(b)) or (2) conduct so serious or compelling in nature that it affects the person's present responsibility (49 CFR § 29.305(d)).

   4. In accordance with paragraph 7 of the FHWA Order No. 2000.2 on the Nonprocurement Suspension and Debarment Process, the FHWA has determined that the above cited conduct, especially the falsification of a concrete batch ticket, is cause for debarment. Pursuant to 49 CFR § 29.305(b), Mr. Ferrell has violated the terms of a public agreement or transaction to the extent that it affects the integrity of an agency program. Further, in accordance with 49 CFR § 29.305(d), the FHWA has determined that the conduct by Mr. Ferrell is so serious or compelling in nature that it affects his present responsibility.

   5. This debarment action is taken in accordance with 49 CFR Part 29 (1992).

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