SYSTEM NAME:

Army Procurement Fraud Branch Misconduct Files  (December 10, 2014,  79 FR 73282)

SYSTEM LOCATION:

United States Army Legal Services Agency, Procurement Fraud Branch, 9275 Gunston Road, Building 1450, Fort Belvoir, Virginia  22060-5546.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals or legal entities investigated for alleged procurement misconduct, such as fraudulent activities in securing or performing a government contract, or other conduct indicating a lack of present responsibility within the meaning of the Federal Acquisition Regulations.

CATEGORIES OF RECORDS IN THE SYSTEM:

Criminal and administrative investigations of fraudulent, criminal, or other misconduct or unsatisfactory performance in connection with government procurement activities; names of individuals; procurement fraud case number; and the list of parties excluded from procurement programs.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 3013, Secretary of the Army; 48 CFR Chapter 2, Defense Federal Acquisition Regulations; Federal Acquisition Regulations 9.406-3; DoD Instruction 7050.05, Coordination of Remedies for Fraud and Corruption Related to Procurement Activities; and Army Regulation 27-40, Chapter 8, Litigation, Remedies in Procurement Fraud and Corruption.

PURPOSE(S):

To determine whether criminal, administrative, or civil proceedings should be initiated against the contractor with the government or government procurement officials for criminal or other misconduct, or unsatisfactory performance in connection with procurement activities and to maintain and distribute a list of contractors determined to be ineligible to participate in Government procurement activities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, these records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 55a(b)(3) as follows:

Information may be disclosed to the Department of Justice, United States Attorneys, and Federal law enforcement agencies in the course of their official functions.

The DoD Blanket Routine Uses set forth at the beginning of the Army’s compilation of systems of records notices may apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Electronic storage media and paper records.

RETRIEVABILITY:

By name and procurement fraud case number.

SAFEGUARDS:

Records are maintained in file cabinets accessible only by authorized personnel who are properly instructed in the permissible use of the information in the performance of their duties. DoD Components and approved users ensure that electronic records collected and used are maintained in controlled areas accessible only to authorized personnel. Physical security differs from site to site, but the automated records must be maintained in controlled areas accessible only by authorized personnel. Access to computerized data is restricted by use of common access cards (CACs) and is accessible only by users with an authorized account. The system and electronic backups are maintained in controlled facilities that employ physical restrictions and safeguards such as security guards, identification badges, key cards, and locks.

RETENTION AND DISPOSAL:

United States Army Legal Services Agency, Office of The Judge Advocate General and Headquarters, United States Army Corps of Engineers civil work cases, destroy after 30 years. Except those cases heard by the Supreme Court or designated by the Judge Advocate General or Headquarters, United States Corps of Engineers Chief Counsel as significant which are permanent, cut off on completion of litigation. United States Army Legal Services Agency, Office of The Judge Advocate General and Headquarters United States Army Corps of Engineers cases not involving litigation, destroy 10 years after date of incident. Procurement misconduct files are maintained for 30 years after final determination then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Procurement Fraud Branch, United States Army Legal Services Agency, 9275 Gunston Road, Building 1450, Fort Belvoir, Virginia 22060-5546.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address inquiries to the Office of the United States Army Legal Services Agency, Chief Procurement Fraud Branch, 9275 Gunston Road, Building 1450, Fort Belvoir, Virginia 22060-5546.

Individuals should provide their full name, and current address and telephone number for verification purposes, any specific details that will enable locating the record, and signature.

In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

If executed outside the United States: 'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).'

If executed within the United States, its territories, possessions, or commonwealths: 'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).'

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves contained in this system should address inquiries to the Office of the United States Army Legal Services Agency, Chief

Procurement Fraud Branch, 9275 Gunston Road, Building 1450, Fort Belvoir, Virginia 22060-5546.

Individuals should provide their full name, and current address and telephone number for verification purposes, any specific details that will enable locating the record, and signature.

In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

If executed outside the United States: 'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).'

If executed within the United States, its territories, possessions, or commonwealths: 'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).'

CONTESTING RECORD PROCEDURES:

The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

Department of the Army staff agencies, Army records and reports, Department of Justice, U.S. Attorneys, opposing counsel, and similar relevant sources.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY: