Privacy Act of 1974; Notice of a New System of Records, 70515-70516 [E6-20484]

Agencies

• General Services Administration

[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70515-70516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20484]


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GENERAL SERVICES ADMINISTRATION


Privacy Act of 1974; Notice of a New System of Records

AGENCY: General Services Administration

ACTION: Notice of a new system of records.

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SUMMARY: The General Services Administration (GSA) is providing notice 
of a new record system, Excluded Parties List System (GSA/GOVT-8). The 
system contains information entered by Federal agencies that identifies 
individuals excluded from Federal Government procurement and 
nonprocurement programs and the applicable authority for the exclusion. 
System functions include Web Service capability, ad hoc search and 
report capabilities, integration with the Central Contractor 
Registration system to allow Data Universal Numbering System (DUNS) and 
data sharing capabilities for Debar Maintenance users, and a new data 
field to accept the reporting of cage codes.

EFFECTIVE DATE: The system of records will become effective without 
further notice on January 4, 2007 unless comments received on or before 
that date result in a contrary determination.

FOR FURTHER INFORMATION CONTACT:  Call or e-mail the GSA Privacy Act 
Officer: telephone 202-501-1452/202-208-1317; e-mail 
gsa.privacyact@gsa.gov.

ADDRESSES: Comments may be submitted to the Program Manager, Integrated 
Acquisition Environment Program, Office of the Chief Acquisition 
Officer, General Services Administration, 2011 Crystal Drive, Suite 
911, Arlington, VA 22202.

SUPPLEMENTARY INFORMATION:  This system of records is used to maintain 
a Governmentwide system that identifies individuals and businesses that 
have been excluded from participating in Federal procurement and 
nonprocurement programs throughout the Government. The purpose of these 
exclusions is to prevent the Federal government from conducting 
business with nonresponsible contractors and to protect the integrity 
of the Government's procurement activities.

    Dated: November 28, 2006.
Cheryl M. Paige,
Acting Director, Office of Information Management.
GSA/GOV-8

System number:
     GSA/GOVT-8

System name:
     Excluded Parties List System (EPLS).

System location:
     The General Services Administration's (GSA) Office of the Chief 
Acquisition Officer (OCAO) is the owner of the system. The system of 
records is maintained by a contractor. Contact the system manager for 
additional information.

Categories of individuals covered by the system:
    a. Individuals excluded or disqualified under a Federal agency's 
codification of the Common Rules on Nonprocurement suspension and 
debarment, or otherwise declared ineligible from receiving certain 
Federal assistance and/or benefits.
    b. Individuals debarred, suspended, proposed for debarment, or 
otherwise declared ineligible from participating in Federal procurement 
programs.
    c. Individuals barred or suspended from acting as sureties for bid 
and performance bond activity in procurement programs.
    d. Individuals barred from entering the United States.
    e. Individuals that may be subject to sanctions pursuant to 31 CFR 
Parts 500-599 and subparts there under.

Categories of records in the system:
     Information entered by Federal agencies that identifies excluded 
individuals and the applicable authority, in the form of cause and 
treatment (CT) codes, under which the exclusion was made.

Authorities for maintenance of the system:
     The authorities for maintaining the system are the Federal 
Acquisition Regulation Subparts 9.4 and 28.2; Executive Order 12549 
(February 18, 1986); Executive Order 12689 (August 16, 1989); and 31 
U.S.C. Sec.  6101, note.

Purpose:
    To maintain a Governmentwide system of records that identifies 
individuals who have been excluded from participating in Federal 
procurement and nonprocurement (financial or non-financial assistance 
and benefits programs), throughout the Federal government. In some 
instances a record may demonstrate that an exclusion applies only to 
the agency taking the action, and therefore, does not have 
Governmentwide effect. The purpose of these exclusions is to protect 
the Government from nonresponsible contractors and individuals, ensure 
proper management throughout the Federal government, and protect the 
integrity of Federal activities.



[[Page 70516]]

Routine uses of records in the system, including the types of users and 
their purposes for using the records:
    a. To contracting officers and other Federal, State, and local 
government employees involved in procuring goods and services with 
Federal funds or administering Federal financial assistance programs or 
benefits to determine a party's eligibility status to participate in 
Federal procurement and nonprocurement programs.
    b. To a Federal, State, local, or foreign agency responsible for 
investigating, prosecuting, enforcing, or carrying out a statute, rule, 
regulation, or order where the records clearly indicate, or when seen 
with other records indicate, a violation of civil or criminal law or 
regulation, when the information is needed to perform a Federal duty or 
to decide the issues.
    c. To a Federal, State or local agency, financial institution or a 
healthcare or industry provider that administers Federal financial or 
non-financial assistance programs or benefits, when the information is 
needed to determine eligibility.
    d. To an expert, consultant, contractor, Federal, State or local 
agency, or financial institution, when the information is needed to 
perform a Federal duty.
    e. To an appeal, grievance, or formal complaints examiner, an equal 
employment opportunity investigator, an arbitrator, a union 
representative, or other official engaged in investigating or settling 
a grievance, complaint, or appeal filed by an employee, when the 
information is needed to decide the issues.
    f. To a requesting Federal, State or local agency, financial 
institution, or a healthcare or industry provider in connection with 
hiring or retaining an employee, issuing a security clearance, 
investigating an employee, clarifying a job, letting a contract, or 
issuing a license, grant, or other benefit by the requesting agency 
where the information is needed to decide on a Federal financial or 
non-financial assistance program or benefit.
    g. To a member of Congress or to a congressional staff member in 
response to a request from the person who is the subject of the record, 
when the information is needed to perform a Federal duty.
    h. To the Department of Justice when an agency, an agency employee, 
or the United States is a party to or has an interest in litigation, 
and the records are needed to pursue the litigation.
    i. To a court or judicial body when an agency, an agency employee, 
or the United States is a party to or has an interest in litigation, 
and the records are needed to pursue the litigation.
    j. To the Office of Personnel Management (OPM), the Office of 
Management and Budget (OMB), the Government Accountability Office (GAO) 
or the Interagency Suspension and Debarment Committee (ISDC) when the 
information is required for program evaluation purposes.
    k. To the National Archives and Records Administration (NARA) for 
records management purposes.

Policies and practices for storing, accessing, retrieving, maintaining, 
and disposing of records in the system:
Storage:
     Electronic records are stored on readily accessible servers and 
backed up to tape media. Paper records are stored in file folders.

Retrievability:
     Electronic records are retrieved by Exact Name, Partial Name, 
Action Dates, Termination Dates, Create Dates, Data Universal Numbering 
System (DUNS), Classification, Exclusion Type, CT Code, Agency, U.S. 
State, Country, Cage Code, verification of Name with the Social 
Security Number (SSN) or the Tax Identification Number (TIN), and 
verification of Name with residential street address.

Safeguards:
     System records are safeguarded in accordance with the requirements 
of the Privacy Act of 1974, as amended, the Computer Security 
Enhancement Act of 1997, and the EPLS Security Plan. Technical, 
administrative, and personnel security measures are implemented to 
ensure confidentiality and integrity of the system data that is stored, 
processed, and transmitted. Paper records are stored in locked filing 
cabinets when not in use or are kept in secured rooms, accessible to 
authorized users only. The Debar Maintenance and Administration portals 
are ID and password protected. The public portal does not require ID 
and passwords because privacy protected information is not available on 
the public site.

Retention and disposal:
     Electronic records of past exclusions are maintained permanently 
in the archive list for historical reference. Federal agencies 
reporting exclusion information in the EPLS should follow their 
agency's guidance and policies for disposition of paper records.

System manager(s) and address:
     Integrated Acquisition Environment Program Manager, Office of the 
Chief Acquisition Officer, General Services Administration, 2011 
Crystal Drive, Suite 911, Arlington, VA 22202.

Notification procedure:
     Individuals receive prior notification that their names will be 
contained in the EPLS from the Agency that takes the action to exclude 
them from Federal procurement and nonprocurement programs. An 
individual may retrieve system records by accessing the EPLS public 
portal, which displays publicly available information only.

Record access procedure:
     Requests from individuals to determine the specifics of a record 
included in the EPLS should be addressed to the Agency Point of Contact 
(POC) identified in the record.

Contesting record procedure:
     The procedures for contesting the content of a record and 
appealing an initial decision may be found in 41 CFR Part 105-64. 
Individuals should contact the Agency Point of Contact (POC) identified 
in the record to commence a record contest or appeal.

Record sources:
     Federal agencies are the source for entering record information in 
the EPLS.
[FR Doc. E6-20484 Filed 12-04-06; 8:45 am]
BILLING CODE 6820-34-S