U.S. Department of Transportation Federal Highway Administration	Notice Subject
	DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	OPI
	N 2000.496	June 8, 2001	HCC-30

1. What is the purpose of this Notice?

   1. What is the purpose of this Notice?

      The Federal Highway Administration (FHWA) issued FHWA Notice N 2000.494 dated March 16, 2001, suspending some of the individuals and companies named below. Other individuals and companies were proposed for debarment. This Notice advises that the FHWA has determined that a debarment against the individuals and companies named in paragraph 1a below is not in the public interest and is not necessary for the Federal Government's protection.

      The FHWA declines to take any action against the following individuals:

      Gayle Huston
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      

      Huston's Belgians, Inc.
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      

      Melissa Huston Schrock
      3951 Highway N
      Cottage Grove, Wisconsin 53527

      
      

      Schrock Trucking, LLC
      3951 Highway N
      Cottage Grove, Wisconsin 53527

      
      

      Jay Huston
      3190 County Hwy. N
      P.O. Box 189
      Cottage Grove, Wisconsin 53527

      
      

      Bradley D. Huston
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      

      Wade R. Huston
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      

      Huston Leasing, LLP
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      

      Huston Holdings, LLC
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      

      Huston Properties, Inc.
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      
   2. This Notice advises that the FHWA has determined that sufficient cause exists to debar the individuals and companies named below in paragraph 2a. These debarment actions are in accordance with Executive Order 12549, the Department of Transportation's implementing regulations in 49 CFR Part 29, and FHWA Order 2000.2A, Nonprocurement Suspension and Debarment Process (Federal-Aid Program), dated June 19, 2000.
   3. The debarments are consistent with the Federal Government's policy of using the discretionary action of debarment to conduct business only with responsible persons and companies, and to protect the public interest, the Federal government, and the integrity of Federal programs (49 CFR, Section 29.115).

2. What actions have been taken, and what is their scope?

   1. The individuals and companies cited below have been notified in writing of their debarments. The debarments are effective upon the signing of this Notice by the Debarring Official and shall have the scope and effect detailed in paragraph 2b.

      DEBARMENT EXPIRES AT MIDNIGHT ON JULY 13, 2002:

      Straight Arrow Construction Company, Inc.
      3190 County Hwy. N
      P.O. Box 189
      Cottage Grove, Wisconsin 53527

      
      

      John P. Niemisto
      3190 County Hwy. N
      P.O. Box 189
      Cottage Grove, Wisconsin 53527

      
      

      John D. Niemisto
      3190 County Hwy. N
      P.O. Box 189
      Cottage Grove, Wisconsin 53527

      
      

      DEBARMENT EXPIRES AT MIDNIGHT ON JULY 13, 2003:

      Dale R. Huston
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527

      
      

      Dwight D. Huston
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527
      

      R.G. Huston Company, Inc.
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527
      

      Joan M. Huston
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527
      

      Judith A. Huston
      2561 Coffeytown Road
      Cottage Grove, Wisconsin 53527
      

   2. Under the debarments, the individuals and companies named in paragraph 2a are prohibited from being a participant or principal in any primary or lower-tier "covered transaction," as defined in 49 CFR, Sections 29.105 and 29.110. Generally, the individuals and companies are prohibited from submitting a proposal or entering, or participating 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 any "covered transaction," whether employed by a person who submits a proposal for, or enters into a "covered transaction," including any procurement and nonprocurement transaction between an agency and a person. The debarments shall be effective throughout the Executive Branch of the Federal Government. The scope of a debarment is defined in 49 CFR Part 29.
   3. Federal debarment regulations allow "affiliates" of participants, i.e., those persons who have participated or are reasonably expected to participate in a nonprocurement transaction involving Federal assistance, to be included in a debarment action (49 CFR, Sections 29.325(a) and 29.420). For purposes of debarment, John P. Niemisto and John D. Niemisto are affiliates of Straight Arrow Construction Company, Inc. R.G. Huston, Joan M. Huston, and Judith A. Huston are affiliates of Dale R. Huston and Dwight D. Huston. Affiliates are determined by indicia of control which includes, but is not limited to, interlocking management or ownership, interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension or debarment having the same or similar management, ownership, or principal employees (49 CFR, Section 29.105).

3. What is the cause for debarment?

   1. The defendants, Straight Arrow Construction Company, Inc., Dale R. Huston, and Dwight D. Huston, pleaded guilty and were sentenced on November 15, 2000. Straight Arrow Construction Company, Inc. pleaded guilty to making a false statement in violation of 18 USC, Section 1020. Dale and Dwight Huston pleaded guilty to making false statements in violation of 18 USC, Sections 1020 and 2.
   2. Debarments may be imposed in accordance with the provisions of 49 CFR, Sections 29.300-314 where an individual or company has been convicted for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; in the commission of falsification, making false statements, or making false claims; or in the commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a person (49 CFR, Section 29.305(a)(1)(3)(4).
   3. The Department's codification of government-wide regulations on suspensions and debarments specifically provides that, in a debarment action based upon a conviction or civil judgment, the standard of proof is deemed to have been met (49 CFR, Section 29.314(c)).
   4. These debarments are taken in accordance with 49 CFR Part 29.

King Gee Debarring Official

Related Sites:

Executive Order 12549
FHWA Order 2000.2A
FHWA Notice N 2000.494