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What is the purpose of this notice?
This notice advises that actions have been taken by the Federal Highway Administration (FHWA) for the suspensions and proposed debarments of the individual and company named in paragraph 2a. These actions have been taken pursuant to Executive Order 12549 , the U.S. Department of Transportation's (USDOT's) implementing regulations in 49 C.F.R., Part 29, and FHWA Order 2000.2A, Nonprocurement Suspension and Debarment Process.
In accordance with 68 Fed. Reg. 66533, 66546 (2003) (to be codified at 49 C.F.R. 29.110), these suspensions and proposed debarments are 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.
What actions have been taken?
William H. Bland
3332 Earle Core Rd.
Morgantown, WV 26508
Richard Construction, Inc.
P.O. Box 659
Dellslow, WV 26531
O-Max, Inc.
P.O. Box 1504
Morgantown, WV 26507-1504
The suspensions of these parties are effective upon signature of this notice by the Suspending and Debarring Official. However, their debarments, should debarments be imposed, do not become effective until after the Suspending and Debarring Official has made a final decision at the conclusion of their debarment proceedings.
What is the scope of these actions? The individual and company cited above are prohibited from being participants or principals in any primary or lower tier covered transaction, as defined in 68 Fed. Reg. 66533, 66547 (2003) (to be codified at 49 C.F.R. Part 29, Subpart B). Generally, the individual and company are prohibited from submitting proposals 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 proposals for, or enters into a covered transaction, including any procurement and nonprocurement transaction between an agency and a person. The suspensions and debarments, if imposed, are effective throughout the Executive Branch of the Federal government.
What are the causes for the suspensions and proposed debarments?
On or about July 2, 2003, William H. Bland pled guilty to one count of knowingly making a false statement, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of a highway or related project in violation of 18 U.S.C. §1020. William H. Bland committed this crime in connection with the performance of a Federal-aid contract by his company, Richard Construction, Inc. On or about October 28, 2003, William H. Bland was sentenced to 5 months imprisonment, 2 years probation, and the payment of a $20,000 fine.
Pursuant to 68 Fed. Reg. 66533, et seq. (to be codified at 49 C.F.R. Part 29), William H. Bland and his company, Richard Construction, Inc., have committed acts that are cause for suspension and proposed debarment. Specifically, the FHWA believes that William H. Bland’s criminal conviction constitutes cause for suspension and proposed debarment.
Additionally, under 68 Fed. Reg. 66533, 66550 - 66551 (2003) (to be codified at 49 C.F.R. §29.625), any suspension or proposed debarment action may include any affiliate of the participant that is specifically named and given notice and an opportunity to respond. Here, since William H. Bland controls O-Max, Inc., O-Max, Inc., is an affiliate of both William H. Bland and Richard Construction, Inc. Thus, O-Max, Inc., is also suspended and proposed for debarment.
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 the parties listed above from participating in Federal nonprocurement programs. The suspensions shall be for a temporary period imposed only for the duration of William H. Bland’s, Richard Construction, Inc.’s, and O-Max, Inc.’s, debarment proceedings.
These suspensions and proposed debarments have been taken in accordance with 68 Fed. Reg. 66533, et seq. (to be codified at 49 C.F.R. Part 29).
 King W. Gee Suspending Official |
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