Notice2025-14139
Privacy Act of 1974; System of Records
Primary source
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Published
July 28, 2025
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is creating a new system of records titled "Suspension and Debarment Records," DoD-0027. This system of records notice (SORN) is being established to collect and document decisions regarding suspension, debarment, or other administrative remedy under the Federal Acquisition Regulation, or the Non-procurement Common Rule. Additionally, DoD is issuing a Notice of Proposed Rulemaking, which proposes to exempt this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 90 Issue 142 (Monday, July 28, 2025)</title>
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[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Notices]
[Pages 35517-35520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14139]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2025-OS-0277]
Privacy Act of 1974; System of Records
AGENCY: Department of Defense (DoD).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is
creating a new system of records titled ``Suspension and Debarment
Records,'' DoD-0027. This system of records notice (SORN) is being
established to collect and document decisions regarding suspension,
debarment, or other administrative remedy under the Federal Acquisition
Regulation, or the Non-procurement Common Rule. Additionally, DoD is
issuing a Notice of Proposed Rulemaking, which proposes to exempt this
system of records from certain provisions of the Privacy Act, elsewhere
in today's issue of the Federal Register.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before August 27,
2025. The Routine Uses are effective at the close of the comment
period, unless comments have been received from interested members of
the public that require modification and republication of the notice.
Proposed exemptions are not effective until publication of the final
rule.
ADDRESSES: You may submit comments, identified by docket number and
title, by either of the following methods:
* Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
05F16, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at https://
[[Page 35518]]
www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Defense Privacy and
Civil Liberties Directorate, Office of the Assistant to the Secretary
of Defense for Privacy, Civil Liberties, and Transparency, Department
of Defense, 4800 Mark Center Drive, Mailbox #24, Suite 05F16,
Alexandria, VA 22350-1700; <a href="/cdn-cgi/l/email-protection#d7b8a4b3f9bab4fab6bbb2aff9b8b6a3a4b3faa7b4bba3f9bab5aff9a7b4bbb3faa4b8a5b997bab6bebbf9babebb"><span class="__cf_email__" data-cfemail="4b24382f652628662a272e3365242a3f382f663b28273f65262933653b28272f66382439250b262a222765262227">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
The Suspension and Debarment Records system of records is used to
process referrals for administrative remedies under the Federal
Acquisition Regulation, Subpart 9.4, or the Non-procurement Common
Rule, 2 CFR part 180, to provide relevant information to the Suspension
and Debarment Official (SDO) for consideration in determining
appropriate administrative remedies, and to document both the SDO
decision and the underlying agency record.
The SDO has authority to exclude both business entities and
individuals from contracting with the Federal Government and from
participating in covered Federal non-procurement transactions such as
grants, scholarships, cooperative agreements, loans, and loan
guarantees. Grounds for exclusion include, but are not limited to, the
following: commission of fraud or a criminal offense in connection with
a Government contract or non-procurement transaction, failure to
disclose overpayments received on contracts, failure to pay debts owed
to the Federal Government, a history of poor performance on a contract
or non-procurement transaction, and any other cause of so serious or
compelling a nature that it affects the present responsibility of the
business entity or individual. A full list of grounds for exclusion and
the respondents' procedural rights are set forth in the regulations
referenced above.
Documents maintained will include the notice of the exclusion and
the administrative record supporting the action. The latter may include
copies of the underlying contract or non-procurement transaction,
communications between agency personnel and the respondent, law
enforcement reports, audit results, and other relevant documents. If
the respondent submits matters in opposition, these documents will also
become part of the record.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Office of the Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Transparency (OATSD (PCLT)) website at <a href="https://pclt.defense.gov/DIRECTORATES/Privacy-and-Civil-Liberties-Directorate/Privacy/SORNs/">https://pclt.defense.gov/DIRECTORATES/Privacy-and-Civil-Liberties-Directorate/Privacy/SORNs/</a>.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, OATSD (PCLT) has provided a report of
this system of records to the OMB and to Congress.
Dated: July 23, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Suspension and Debarment Records, DoD-0027.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATIONS:
A. Department of Defense (Department or DoD), located at 1000
Defense Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations.
B. Information may also be stored within a government-certified
cloud, implemented and overseen by the Department's Chief Information
Officer (CIO), 6000 Defense Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGERS:
The system managers are as follows:
A. Chief, Acquisition Fraud Remedies, Office of General Counsel,
Defense Health Agency, 7700 Arlington Blvd., Falls Church, VA 22042-
5101.
B. General Counsel, Headquarters, Defense Logistics Agency, 8725
John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Acquisition Streamlining Act of 1994, Public Law 103-355,
Sec. 2455; Executive Order (E.O.) 12689, Debarment and Suspension
(August 16, 1989), 54 FR 34131; E.O. 12549, Debarment and Suspension
(February 18, 1986), 51 FR 6370; 2 Code of Federal Regulation (CFR)
Part 180; 2 CFR Subtitle B, Chapter XI, Federal Agency Regulations for
Grants and Agreements, Department of Defense, Part 1125; 48 CFR,
Chapter 1, Federal Acquisition Regulation; 48 CFR Chapter 2, Defense
Acquisition Regulations System, Department of Defense; and DoD
Instruction 7050.05, Coordination of Remedies for Fraud and Corruption
Related to Procurement Activities.
PURPOSE(S) OF THE SYSTEM:
To process referrals for administrative remedies under the Federal
Acquisition Regulation or the Non-procurement Common Rule, to provide
relevant information to the DoD Suspension and Debarment Official (SDO)
for consideration in determining appropriate administrative remedies,
and to document both the SDO decision and the underlying agency record.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have been referred to the SDO for consideration of
suspension and/or debarment under Federal Acquisition Regulation,
Subpart 9.4 or the non-procurement common rule, Title 2 Code of Federal
Regulations Part 180; and individuals who have been suspended,
debarred, or entered into administrative agreements with the SDO.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal information, including name, address, nationality, and
Social Security Number of the respondent; written referrals for
suspension or debarment action; intra-agency and inter-agency
communications regarding proposed or completed suspensions or
debarments; notices to the respondent of suspensions and proposed
debarments; evidence considered by the SDO, including, e.g., federal
contracts or subcontracts, contractor performance assessment reports,
contracting officer memoranda, audits, investigatory reports, and court
documents such as information, indictments, plea agreements, judgments
of conviction, and civil judgments; respondents' responses to notices
and other communications; and SDO formal decisions.
RECORD SOURCE CATEGORIES:
Records and information stored in this system of records are
obtained from: Individuals, contractors, Federal investigative
organizations, federal and state court records, contracting officers,
[[Page 35519]]
other officials or federal employees; departmental and other records
containing information pertinent to suspension and debarment decisions.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government when
necessary to accomplish an agency function related to this system of
records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
I. To another Federal, State, or local agency for the purpose of
comparing to the agency's system of records or to non-Federal records,
in coordination with an Office of Inspector General in conducting an
audit, investigation, inspection, evaluation, or some other review as
authorized by the Inspector General Act of 1978, as amended.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. To other Federal agencies, to coordinate suspension and
debarment actions and to ensure prime contractors, participants in
federal programs, and Federal agencies give effect to the Department's
suspension and debarment decisions.
L. To General Service Administration's (GSA's) System for Award
Management to maintain an Exclusion list in accordance with FAR 9.404
and 2 CFR 180.500-180.513, and to GSA for input into the Federal
Awardee Performance and Integrity Information System (FAPIIS), which
publicly discloses administrative agreements as required by Section 872
of The Duncan Hunter National Defense Authorization Act of 2009 (Pub.
L. 110-417).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. The records may be
stored on magnetic disc, tape, or digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by the name of the individual and/or legal
entity referred for an exclusion action.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained until the end of the fiscal year three years
following the termination of (a) an exclusion or administrative
agreement or (b) the period in which a legal challenge may be brought,
whichever is later. In the case of an action based on a violation of
the Drug-Free Workplace Act, records are maintained until the end of
the fiscal year five years following the termination of (a) an
exclusion or administrative agreement or (b) the period in which a
legal challenge may be brought, whichever is later. The records are
then deleted. If there is more than one exclusion for the same entity/
individual, e.g., a debarment following a suspension, the termination
date of the last exclusion will apply to the entire record. In cases in
which the SDO has declined to take action on a referral, the records
will be destroyed at the end of the fiscal year three years following
the date of the referral.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated system security and access policies. DoD policies require
the use of controls to minimize the risk of compromise of personally
identifiable information (PII) in paper and electronic form and to
enforce access by those with a need to know and with appropriate
clearances. Additionally, the DoD established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. DoD routinely applies
administrative, technical, and physical safeguards to information
systems and paper recordkeeping systems such as the following:
multifactor authentication, including CAC authentication and password;
physical token as required; physical and technological access controls
governing access to data; network encryption to protect data
transmitted over the network; disk encryption security disks storing
data; key management services to safeguard encryption keys; masking of
sensitive data as practicable; mandatory information assurance and
privacy training for individuals who will have access to sensitive
data; identification
[[Page 35520]]
and marking of PII; physical access safeguards including multifactor
identification physical access controls, detection and electronic alert
systems for access to servers and other network infrastructure, and
electronic intrusion detection systems in DoD facilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD component with oversight of the records, as the
component has Privacy Act responsibilities concerning access,
amendment, and disclosure of the records within this system of records.
The public may identify the contact information for the appropriate DoD
office through the following website: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. Signed written
requests should contain the name and number of the system of records
notice along with full name, current address, and email address of the
individual. If the requester is an owner or officer of a business
concern holding a Defense Health Agency (DHA) contract or subcontract,
the individual should also provide the name and Commercial and
Government Entity (CAGE) code of the business concern. In addition, the
requester must provide either a notarized statement or an unsworn
declaration made in accordance with 28 U.S.C. 1746, in the appropriate
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 DoD rules for accessing records, contesting contents, and
appealing initial Component determinations are contained in 32 CFR part
310, or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
DoD has exempted records maintained in this system from 5 U.S.C.
552a(c)(3); (d)(1), (2), (3), and (4); (e)(1), (e)(4)(G), (H), and (I);
and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(2) and (k)(5).
In addition, when exempt records received from other systems of records
become part of this system, the DoD also claims the same exemptions for
those records that are claimed for the system(s) of records from which
they were a part and claims any additional exemptions set forth here.
An exemption rule for this system has been promulgated in accordance
with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), and (c), and
published in 32 CFR part 310.
HISTORY:
None.
[FR Doc. 2025-14139 Filed 7-25-25; 8:45 am]
BILLING CODE 6001-FR-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.