B-209289, JUL 25, 1983

B-209289: Jul 25, 1983

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OPS THIS IS IN RESPONSE TO A MEMORANDUM FROM SHIRLEY ALLEN. SINCE ANY ACTION TO ENJOIN DEBARRING OR SUSPENDING A CONTRACTOR WOULD HAVE TO TAKE PLACE PRIOR TO OR DURING THE PERIOD OF TIME THE DEBARMENT OR SUSPENSION IS IN EFFECT. WE HAVE NO PROBLEM WITH THE GSA PROPOSAL. THEN RETENTION PERIODS SHOULD BE REVIEWED AND PROCEDURES ADOPTED TO ASSURE THAT THOSE FILES ARE TREATED IN A MANNER CONSISTENT WITH THE NEEDS OF THE GOVERNMENT.

B-209289, JUL 25, 1983

SUBJECT: REQUEST FOR RECORDS DISPOSITION AUTHORITY - GENERAL SERVICES ADMINISTRATION, OFFICE OF OVERSIGHT; CONTRACTOR DEBARMENT AND SUSPENSION RECORDS. CONTROL NO. 83-34. B-209289

DIRECTOR, OPS

THIS IS IN RESPONSE TO A MEMORANDUM FROM SHIRLEY ALLEN, CHIEF OF THE RECORDS MANAGEMENT AND ANALYSIS SECTION, FORWARDING FOR OUR REVIEW A PROPOSED FILE DESCRIPTION AND DISPOSITION FOR GENERAL SERVICES ADMINISTRATION (GSA) CONTRACTOR DEBARMENT AND SUSPENSION RECORDS, PURSUANT TO WHICH RECORDS WOULD BE DESTROYED 6 YEARS AND 3 MONTHS AFTER FINAL DECISION ON DEBARMENT OR SUSPENSION. INFORMAL DISCUSSION WITH OFFICIALS OF GSA INDICATE THAT THESE RECORDS RELATE TO ADMINISTRATIVE DEBARMENTS AND SUSPENSIONS OF WHICH THE LONGEST EXTENDS UP TO THREE YEARS IN LENGTH OF TIME.

SINCE ANY ACTION TO ENJOIN DEBARRING OR SUSPENDING A CONTRACTOR WOULD HAVE TO TAKE PLACE PRIOR TO OR DURING THE PERIOD OF TIME THE DEBARMENT OR SUSPENSION IS IN EFFECT, AND SINCE THE STATUTES OF LIMITATION FOR BRINGING ANY POSSIBLE ACTION FOR DAMAGES AGAINST THE GOVERNMENT FOR WRONGFUL DEBARMENT OR SUSPENSION PROBABLY WOULD BEGIN TO RUN FROM THE FINAL ADMINISTRATIVE ACTION AND EXTEND FOR NO MORE THAN SIX YEARS (SEE 28 U.S.C. SEC. 2401), WE HAVE NO PROBLEM WITH THE GSA PROPOSAL. OF COURSE, SHOULD GSA IN THE FUTURE DEBAR CONTRACTORS FOR LONGER PERIODS OF TIME OR FOR INDETERMINENT PERIODS OF TIME, THEN RETENTION PERIODS SHOULD BE REVIEWED AND PROCEDURES ADOPTED TO ASSURE THAT THOSE FILES ARE TREATED IN A MANNER CONSISTENT WITH THE NEEDS OF THE GOVERNMENT.