U.S. Department of Transportation Federal Highway Administration	Notice Subject DEBARMENT FROM FEDERAL NONPROCUREMENT PROGRAMS
	Classification Code	Date	Office of Primary Interest
	N 2000.613	October 12, 2007	HIPA-30

1. What is the purpose of this Notice? This Notice cancels Federal Highway Administration (FHWA) Notice N 2000.591, issued on July 27, 2007, and it serves to advise that the FHWA has made a decision concerning the proposed debarment of the following individual as stated in paragraph 2a.

   Jerod Neil Smith
   1309 Southwest 7^th Street
   Stigler, OK 74462

2. What actions have been taken?

   1. The FHWA has decided to debar the individual cited above retroactive from the date of his suspension for a period of 3 years; DEBARMENT EXPIRES: June 8, 2010.

   2. The individual cited above has been notified in writing of this decision.

3. What is the scope of these actions?

   1. The individual cited in paragraph 1 is prohibited from being a participant or principal in any covered transaction, as defined in 49 CFR Part 29, Subpart B. Generally, the individual is 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. This debarment is effective throughout the Executive Branch of the Federal Government.

   2. As stated in 49 CFR 29.110, this debarment is 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.

4. What are the causes for this debarment?

   1. On January 11, 2007, Jerod Neil Smith pled nolo contendere to allegations of participating in a conspiracy to defraud the State of Oklahoma by using non-specification material in the asphalt concrete pavement on three roadway reconstruction projects.

   2. Pursuant to 49 CFR Part 29, Jerod Neil Smith has committed an act that is cause for debarment. Specifically, his plea of nolo contendere to allegations of participating in a conspiracy to defraud the State of Oklahoma is cause for debarment pursuant to 49 CFR 29.800(a)(1) and 29.800(d).

   3. Because Jerod Neil Smith failed to respond to his June 8, 2007, proposed debarment notification letter within 30 days, he has waived his right to contest the debarment action.

   4. After considering the serious nature of these acts, the FHWA has decided that Jerod Neil Smith poses a risk to the Federal Government and that it is in the best interest of the Federal Government that he be debarred for a period of 3 years. As stated above, his debarment will expire on June 8, 2010.

   5. This debarment has been taken in accordance with 49 CFR Part 29.

Related Sites:

Notice N2000.591
FHWA Order 2000.2A
DOT Order 4200.5D
Executive Order 12549

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