[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22374-22376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8882]


-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION


Privacy Act of 1974; Notice of Updated Systems of Records

AGENCY: General Services Administration.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: GSA reviewed its Privacy Act systems to ensure that they are 
relevant, necessary, accurate, up-to-date, covered by the appropriate 
legal or regulatory authority, and in response to OMB M-07-16. This 
notice is a compilation of updated Privacy Act system of record 
notices.

DATES: Effective May 27, 2008.

FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act 
Officer: telephone 202-208-1317; e-mail [email protected].

ADDRESSES: GSA Privacy Act Officer (CIB), General Services 
Administration, 1800 F Street NW., Washington, DC 20405.

SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency wide 
review of its Privacy Act systems of records. As a result of the review 
GSA is publishing updated Privacy Act systems of records notices. 
Rather than make numerous piecemeal revisions, GSA is republishing 
updated notices for one of its systems. Nothing in the revised system 
notices indicates a change in authorities or practices regarding the 
collection and maintenance of information. Nor do the changes impact 
individuals' rights to

[[Page 22375]]

access or amend their records in the systems of records. The updated 
system notices also includes the new requirement from OMB Memorandum M-
07-16 regarding a new routine use that allows agencies to disclose 
information in connection with a response and remedial efforts in the 
event of a data breach.

    Dated: April 16, 2008.
Cheryl M. Paige,
Director, Office of Information Management.
GSA/GOV-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.

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.
    l. To appropriate agencies, entities, and persons when (1) The 
Agency suspects or has confirmed that the security or confidentiality 
of information in the system of records has been compromised; (2) the 
Agency has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by GSA or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with GSA's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.

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

[[Page 22376]]

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. E8-8882 Filed 4-24-08; 8:45 am]
BILLING CODE 6820-34-P