[Federal Register Volume 68, Number 230 (Monday, December 1, 2003)]
[Proposed Rules]
[Pages 67354-67355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29819]



[[Page 67353]]

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Part VI





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Parts 2, 9, et al.



Federal Acquisition Regulation; Excluded Parties System Enhancement; 
Proposed Rule

  Federal Register / Vol. 68, No. 230 / Monday, December 1, 2003 / 
Proposed Rules  

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 9, 22, 28, 44, and 52

[FAR Case 2002-023]
RIN 9000-AJ78


Federal Acquisition Regulation; Excluded Parties System 
Enhancement

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to curtail the publication and 
obviate the need to publish the hardcopy publication of the List of 
Parties Excluded from Federal Procurement and Nonprocurement Programs 
(List of Parties) produced by the Government Printing Office (GPO), and 
publish an electronic list of parties excluded from doing business with 
the Federal Government online identified as the Excluded Parties List 
System (EPLS). The new electronic list will enable agencies to input 
their data directly to the EPLS; improve the reliability of the content 
by allowing content owners to directly input entries; provide access to 
historical data that was previously provided through Freedom of 
Information Act (FOIA) procedures; enhance the ability to verify 
entries by permitting search by exact name and social security number, 
and shorten the lead time between exclusionary action taken by agencies 
and updating the list.

DATES: Interested parties should submit comments in writing on or 
before January 30, 2004 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to--General Services Administration, 
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405.
    Submit electronic comments via the Internet to--farcase.2002-
[email protected].
    Please submit comments only and cite FAR case 2002-023 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Ralph De Stefano, Procurement 
Analyst, at (202) 501-1758. Please cite FAR case 2002-023.

SUPPLEMENTARY INFORMATION:

A. Background

    The rule, if finalized, will enable agencies to directly input data 
to update the Excluded Parties List System (EPLS) on parties debarred, 
suspended, proposed for debarment, or declared ineligible by agencies 
or excluded by agencies, Government corporations, or the General 
Accounting Office (GAO). The entry by the agencies will update the 
content in real time, improve system reliability, eliminate the need 
for a hard copy list, provide access to the archival data, and enhance 
the ability to verify entries by permitting a search by exact name and 
social security number.
    The electronic updating of the list by agencies promotes the use of 
the Internet and emerging technologies within and across the Government 
agencies and provides citizen-centric Government information. The 
private sector and state and local governments who wish to avoid doing 
business with contractors that lack current responsibility, although 
not required, use the aforementioned list.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because while we have made changes in the way GSA manages and maintains 
the List of Parties excluded from Federal Procurement and 
Nonprocurement Programs, the proposed rule does not substantively 
change procedures for award and administration of contracts. The rule 
primarily will curtail the publication and obviate the need to publish 
the hardcopy publication of the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs (List of Parties) produced by 
the Government Printing Office (GPO), and publishes an electronic list 
of parties excluded from doing business with the Federal Government 
online identified as the Excluded Parties List System (EPLS). The new 
electronic list will--
    [sbull] Enable agencies to input their data directly to the EPLS;
    [sbull] Improve the reliability of the content by allowing content 
owners to directly input entries;
    [sbull] Provide access to historical data that was previously 
provided through Freedom of Information Act (FOIA) procedures;
    [sbull] Enhance the ability to verify entries by permitting search 
by exact name and social security number, and
    [sbull] Shorten the lead time between exclusionary action taken by 
agencies and updating the content.
    An Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. We invite comments from small businesses and other 
interested parties. The Councils will consider comments from small 
entities concerning the affected FAR Parts 2, 9, 22, 28, 44, and 52 in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 
2002-023), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 2, 9, 22, 28, 44, and 52

    Government procurement.

    Dated: November 25, 2003.
Ralph J. De Stefano,
Acting Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 9, 
22, 28, 44, and 52 as set forth below:
    1. The authority citation for 48 CFR parts 2, 9, 22, 28, 44, and 52 
is revised to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 2--DEFINITIONS OF WORDS AND TERMS

    2. Amend section 2.101 in paragraph (b) by adding, in alphabetical 
order, the definition ``Excluded Parties List System''; and removing 
the definition ``List of Parties Excluded from Federal Procurement and 
Nonprocurement Programs''. The added text reads as follows:


2.101  Definitions.

* * * * *
    (b) * * *
    Excluded Parties List System means an electronic database 
maintained and

[[Page 67355]]

posted by the General Services Administration containing the list of 
all parties suspended, proposed for debarment, debarred, declared 
ineligible, disqualified or excluded by agencies, government 
corporations, or by the General Accounting Office.
* * * * *

PART 9--CONTRACTOR QUALIFICATIONS

    3. Amend section 9.105-1 by revising paragraph (c)(1) to read as 
follows:


9.105-1  Obtaining information.

* * * * *
    (c) * * *
    (1) Excluded Parties List System maintained in accordance with 
Subpart 9.4.
* * * * *
    4. Amend section 9.207 by revising paragraph (a)(9) to read as 
follows:


9.207  Changes in status regarding qualification requirements.

* * * * *
    (a) * * *
    (9) The source is on the Excluded Parties List System (see Subpart 
9.4); or
* * * * *
    5. Amend section 9.403 by adding, in alphabetical order, the 
definitions ``Disqualified'', and ``Excluded or exclusion'' to read as 
follows:


9.403  Definitions.

* * * * *
    Disqualified means that a person is prohibited from participating 
in specified Federal procurement or nonprocurement transactions as 
required under a statute, Executive order (other than Executive Orders 
12549 and 12689), or other authority. Examples of disqualifications 
include persons prohibited under--
    (1) The Davis-Bacon Act (40 U.S.C. 3141 et seq., formally 40 U.S.C. 
276a);
    (2) The Equal Employment Opportunity Acts and Executive orders; or
    (3) The Clean Air Act (42 U.S.C. 306), Clean Water Act (33 U.S.C. 
508) and Executive Order 11738 (3 CFR, 1973 Comp., p. 799).
    Excluded or exclusion means--
    (1) That a person or commodity is prohibited from being a 
participant in covered transactions, whether the person has been 
suspended, debarred, proposed for debarment under Subpart 9.4, 
voluntarily excluded; or
    (2) The act of excluding a person.
* * * * *
    6. Revise the section heading and text of section 9.404 to read as 
follows:


9.404  Excluded Parties List System.

    (a) The General Services Administration (GSA)--
    (1) Operates the web-based Excluded Parties List System (EPLS) 
database;
    (2) Provides technical assistance to Federal agencies in the use of 
the EPLS; and
    (3) Includes in the list the name and telephone number of the 
official responsible for its maintenance and distribution.
    (b) The Excluded Parties List System includes the--
    (1) Names and addresses of all contractors debarred, suspended, 
proposed for debarment, or declared ineligible, with cross-references 
when more than one name is involved in a single action;
    (2) Name of the agency or other authority taking the action;
    (3) Cause for the action (see 9.406-2 and 9.407-2 for causes 
authorized under this subpart) or other statutory or regulatory 
authority;
    (4) Effect of the action;
    (5) Termination date for each listing;
    (6) DUNS No.;
    (7) SSN or TIN (if available and permitted by the laws or executive 
orders under which the action is undertaken, including the Computer 
Matching and Privacy Acts); and
    (8) Name and telephone number of the agency point of contact for 
the action.
    (c) Each agency must--
    (1) Obtain a password(s) from GSA to access the EPLS for data 
entry;
    (2) Notify GSA in the event a password needs to be rescinded (e.g., 
when agency employee leaves or changes function);
    (3) Enter the information required by paragraph (b) of this section 
within 5 working days after the action becomes effective;
    (4) Agencies must give due consideration to whether they are 
legally permitted to enter the SSN or TIN under the authority under 
which they suspend or debar.
    (5) Update EPLS within 5 working days after modifying or rescinding 
an action;
    (6) In accordance with internal retention procedures, maintain 
records relating to each debarment, suspension, or proposed debarment 
taken by the agency;
    (7) Establish procedures to ensure that the agency does not solicit 
offers from, award contracts to, or consent to subcontracts with 
contractors on whose names are in the Excluded Parties List System 
database, except as otherwise provided in this subpart;
    (8) Direct inquiries concerning listed contractors to the agency or 
other authority that took the action; and
    (9) Contact GSA for technical assistance with the Excluded Parties 
List System, via the support e-mail address or on the technical support 
phone line available at the EPLS Web site provided in paragraph (d) of 
this section.
    (d) The Excluded Parties List System is available at http://epls.gov.


9.405, 9.405-2, 22.1025, 28.203-7, 44.202-2, 44.303, and 52.209-
6  [Amended]

    7. In 48 CFR parts 9, 22, 28, 44, and 52, remove the words ``List 
of Parties Excluded from Federal Procurement and Nonprocurement 
Programs'' and add, in their place, the words ``Excluded Parties List 
System'' in the following places:
    a. 9.405(b), (d)(1), and (d)(4);
    b. 9.405-2(b), second sentence, and (b)(2);
    c. 22.1025;
    d. 28.203-7(c) and (d);
    e. 44.202-2(a)(13);
    f. 44.303(c); and
    g. 52.209-6(c) introductory text, (c)(2), and (c)(3).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    8. In addition to the amendments set forth above, amend section 
52.209-6 by revising the date of the clause to read ``(Date)''.

[FR Doc. 03-29819 Filed 11-28-03; 8:45 am]
BILLING CODE 6820-EP-P