[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
[[Page 67354]]
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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