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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 company and individual named in paragraph 2a. These actions are taken pursuant to Executive Order 12549, the U.S. Department of Transportation's (USDOT's) implementing regulations in 49 CFR Part 29, and FHWA Order 2000.2A, Nonprocurement Suspension and Debarment Process.
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 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?
Patton Construction, Inc.
RR 2 Box 303
Tahlequah, OK 74464-9536
Walter Alan Patton
RR 2 Box 303
Tahlequah, OK 74464-9536
These suspensions became effective on September 13, 2006. However, the debarments, if imposed, will not be effective until a final decision has been made at the conclusion of the debarment proceedings.
What is the scope of these actions? The company and individual cited above are prohibited from being a participant or principal in any covered transaction as described in 49 CFR Part 29, Subpart B. Generally, this company and individual 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 any procurement and nonprocurement transaction between an agency and a person. These suspensions and debarments, if imposed, are effective throughout the Executive Branch of the Federal Government.
What are the causes for these suspensions and proposed debarments?
On April 3, 2006, Walter Alan Patton pled guilty to conspiring to defraud the United States in violation of 18 U.S.C. 371. Under this conspiracy, Walter Alan Patton's company, Patton Construction, Inc., a certified Disadvantaged Business Enterprise (DBE) in Oklahoma, was awarded a subcontract on an Oklahoma Department of Transportation (ODOT) resurfacing project. However, instead of Patton Construction, Inc., performing the work with their company's own forces as required by the DBE regulations at 49 CFR Part 26, Patton Construction, Inc., subcontracted a non-DBE firm to perform the work. Furthermore, Patton Construction, Inc., misrepresented to the ODOT that they had done the work with their own forces by submitting false payroll reports.
Pursuant to 49 CFR Part 29, Patton Construction, Inc., and Walter Alan Patton have committed acts that are cause for suspension and proposed debarment. Specifically, the FHWA believes that Walter Alan Patton's guilty plea constitutes sufficient cause for suspension and proposed 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 Patton Construction, Inc., and Walter Alan Patton from participating in Federal nonprocurement programs. The suspensions shall be for a temporary period imposed only for the duration of their debarment proceedings.
These suspensions and proposed debarments have been taken in accordance with 49 CFR Part 29.
King W. Gee |
Related Sites:
FHWA Order 2000.2A
Executive Order 12549
