WBR-45 Equipment, Supply, and Service Contracts

64 FR 43714, August 11, 1999; Modification published 73 FR 20949, April 17, 2008

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Privacy Act of 1974; Revisions to Existing System of Records

AGENCY:  Bureau of Reclamation, Interior.

ACTION:  Proposed revisions to an existing system of records.
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SUMMARY:  Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of the Interior is issuing public notice of its intent to amend the existing system of records managed by the Bureau of Reclamation (Reclamation) entitled “Equipment, Supply, and Service Contracts, LBR-45.”

The notice is published in its entirety below.

DATES:  Persons wishing to comment on the proposed revisions must do so by September 10, 1999.

Effective date:  The proposed revised system of records will become effective without further notice on September 20, 1999, unless comments received result in a contrary determination. Reclamation will publish a new notice if changes are made based on review of comments received.

ADDRESSES:  Interested individuals may comment on this publication by writing to the Reclamation Privacy Act Officer, Bureau of Reclamation, PO Box 25007, Denver, Colorado 80225-0007 or comments may be sent by facsimile transmission to fax No. 1-800-822-7651. Comments will be available for inspection at the Bureau of Reclamation, Denver Federal Center, Sixth Avenue and Kipling Street, Building 67, Room 112, Denver, Colorado, from 7:30 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT:  For information regarding “Equipment, Supply, and Service Contracts, WBR-45” contact Mr. Ronald Simonich, Procurement Analyst, Acquisition Operations Group at (303) 445-2447. For general information regarding Reclamation’s Privacy Act program, call Mr. Casey Snyder at (303) 445-2048.

SUPPLEMENTARY INFORMATION:  Recent Privacy Act Compilations list this system of records as Reclamation-45. When originally published in the Federal Register this system of records was identified as LBR-45. The content of the system of records is the same; the prefix on the system was changed to reflect organizational changes.

This system of records notice was previously published in the Federal Register on April 11, 1977 (42 FR 19109). This publication:

1. 1.  Revises the system location;
2. 2.  Adds routine uses and users to include the Internal Revenue Service, other Federal agencies, and debt collection agencies;
3. 3.  Updates information about storage of the system to include computerized system information;
4. 4.  Updates information concerning the retention and disposal of records in the system;
5. 5.  Updates the system manager and address; and
6. 6.  Adds a purpose statement which was not required when the original system of records notice was published.

All other changes proposed are editorial in nature.

Murlin Coffey,
Manager, Property and Office Services.

INTERIOR/WBR-45

SYSTEM NAME:
Equipment, Supply, and Service Contracts.

SYSTEM LOCATION:
Commissioner’s Office, Reclamation Service Center, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have entered into contracts with the agency for equipment, supplies, and services. (The records contained in this system which pertain to individuals contain principally proprietary information concerning sole proprietorships. Some of the records in the system which pertain to individuals may reflect personal information, however. Only the records reflecting personal information are subject to the Privacy Act. The system also contains records concerning corporations and other business entities. These records are not subject to the Privacy Act.)

CATEGORIES OF RECORDS IN THE SYSTEM:
Contracts for the procurement of equipment, supplies, materials, and services; including reports of compliance or noncompliance to labor and other laws governing contract administration.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Reclamation Act of June 17, 1902, as amended, 43 U.S.C. 371, et seq., 40 U.S.C. 486(c), 31 U.S.C. 66a, 31 U.S.C. 7701(c); and 31 U.S.C. 3325(d).

PURPOSE:
The primary uses of the records are for administration of the contract. The information is also used by the contractor to report income tax. The Government uses these records to collect and report on business travel expenses, self-employment tax, depreciation, and any delinquent amounts arising out of the contractor's relationship with the Government. The records are also used to report certain contract information to the Federal Procurement Data System (FPDS) and payment information to the Internal Revenue Service.

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

• (1)  Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains; 
• (2)  To the Internal Revenue Service to report payments; 
• (3)  To the Department of Justice, or to a court, adjudicative or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when: 
  • (a)  One of the following is a party to the proceeding or has an interest in the proceeding: 
    • (i)  The Department or any component of the Department; 
    • (ii)  Any Departmental employee acting in his or her official capacity; 
    • (iii)  Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or 
    • (iv)  The United States, when the Department determines that the Department is likely to be affected by the proceeding; and 
  • (b)  The Department deems the disclosure to be: 
    • (i)  Relevant and necessary to the proceedings; and 
    • (ii)  Compatible with the purpose for which we compiled the information. 
• (4)  To the appropriate Federal, State, tribal, local or foreign governmental agency that is responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, order or license, when we become aware of an indication of a violation or potential violation of the statute, rule regulation, order or license. 
• (5)  To a congressional office in response to an inquiry to that office by the individual to whom the records pertains, 
• (6)  To a collection agency for the purpose of debt collection; 
• (7)  To appropriate agencies, entities, and persons when: 
  • (a)  It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and 
  • (b)  Reclamation has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by Reclamation or another agency or entity) that rely upon the compromised information; and 
  • (c)  The disclosure is made to such agencies, entities and persons who are reasonably necessary to assist in connection with Reclamation’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

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

STORAGE:
Maintained in manual form in file folders and on the Federal Financial System automated acquisition and reporting systems.

RETRIEVABILITY:
Indexed by name of individual or by purchase order number.

SAFEGUARDS:
Maintained with safeguards meeting the requirements of 43 CFR 2.51.

RETENTION AND DISPOSAL:
In accordance with approved retention and disposal schedules, as included in the Federal Acquisition Regulation (FAR 9.805).

SYSTEM MANAGER(S) AND ADDRESS:
Acquisition and Assistance Management Services, Bureau of Reclamation, Denver Federal Center, PO Box 25007, Denver, Colorado 80225-0007.

NOTIFICATION PROCEDURE:
Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.60.

RECORD ACCESS PROCEDURES:
A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
Individuals on whom the records are maintained.