- What is the purpose of this notice?
This notice cancels FHWA Notice N2000.503, issued on August 7, 2002, which suspended
and proposed to debar the company and individuals indicated below. This notice also serves
to advise that the FHWA has made decisions concerning their proposed debarments as
stated in section 2.
Timberline Contractors, Inc.
811 Highway 12
Knapp, WI 54749
Timothy P. O'Meara
811 Highway 12
Knapp, WI 54749
George M. "Joe" Wolf
811 Highway 12
Knapp, WI 54749
- What actions have been taken?
- The FHWA has decided to debar the individuals and company cited above for the
following periods of time:
(1) Timberline Contractors, Inc. is debarred for a period of three (3) years.
DEBARMENT EXPIRES August 7, 2005.
(2) Timothy P. O'Meara is debarred for a period of two (2) years. DEBARMENT
EXPIRES August 7, 2004.
(3) George M. "Joe" Wolf is debarred for a period of eighteen (18) months.
DEBARMENT EXPIRES February 7, 2004.
- The individuals and company cited above have been notified in writing of this decision.
- Upon the signature of this Notice by the debarring official, the suspensions of the
individuals and company cited above shall be terminated, and the debarments of these
individuals and company shall become effective.
- What is the scope of these actions?
- The individuals and company cited above 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 company 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 a 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.
- Also, the Department's regulations for suspensions and debarments at 49 CFR, Section
29.325(b)(1) provide that the fraudulent, criminal, or other seriously improper conduct of
any officer, partner, shareholder or employee may be imputed to the participant when the
conduct occurred in connection with the individual's performance of duties, or with the
participant's knowledge, approval, or acquiescence.
- In addition, the Department's regulations for suspensions and debarments at 49 CFR,
Section 29.325(b)(2) provide that the fraudulent, criminal, or other seriously improper
conduct of a participant may be imputed to any officer, shareholder, partner, employee,
or other individual associated with the participant who participated in, knew of, or had
reason to know of the participant's conduct.
- As stated in 49 CFR, Section 29.115, 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.
- What is the cause for debarment?
- George M. "Joe" Wolf and Timothy P. O'Meara were convicted of making false
representations, false reports, and false claims to the Wisconsin Department of
Transportation (WisDOT) with respect to a Federal-aid highway construction contract in
violation of 18 U.S.C. 1020. Specifically, Wolf pled guilty to count 8 of a 22-count
indictment filed on September 19, 2001, that charged him with submitting false grass
seed tags to WisDOT. O'Meara pled guilty to count 7 of the same indictment charging
him with submitting false lime receipts to WisDOT.
- On January 15, 2002, the Department of Justice and Timberline Contractors, Inc. entered
into a settlement agreement whereby Timberline Contractors agreed to pay the United
States $100,000 in return for the United States not to pursue its claims under the False
Claims Act, 31 U.S.C. 3729 et seq.
- On August 27, 2002, the FHWA received a response in opposition to the proposed
debarment of Timothy P. O'Meara. Subsequently, on September 9, 2002, the FHWA
received a response in opposition to the proposed debarment of George M. "Joe" Wolf.
Accordingly, mitigating information has been presented to the FHWA and considered in
the actions of these two individuals. After considering the mitigating factors and the
seriousness of the causes for debarment, the FHWA has decided that these individuals
continue to pose a risk to the Federal Government and that it is in the best interests of
the Government that they be debarred. Accordingly, appropriate periods of debarment
have been established.
- The FHWA did not receive a response from Timberline Contractors, Inc. in opposition to
its proposed debarment. Accordingly, because Timberline Contractors has failed to
respond, it has waived its right to contest this debarment action.
- These debarments are taken in accordance with 49 CFR Part 29.
