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entitled 'Excluded Parties List System: Suspended and Debarred 
Businesses and Individuals Improperly Receive Federal Funds' which was 
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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

February 2009: 

Excluded Parties List System: 

Suspended and Debarred Businesses and Individuals Improperly Receive 
Federal Funds: 

GAO-09-174: 

GAO Highlights: 

Highlights of GAO-09-174, a report to congressional requesters. 

Why GAO Did This Study: 

To protect the government’s interests, any agency can exclude (i.e., 
debar or suspend) parties from receiving federal contracts or 
assistance for a range of offenses. Exclusions of companies or 
individuals from federal contracts or other funding are listed in the 
Excluded Parties List System (EPLS), a Web-based system maintained by 
GSA. 

Recent allegations indicate that excluded parties have been able to 
receive federal contracts. As a result, GAO was asked (1) to determine 
whether these allegations could be substantiated and (2) to identify 
the key causes of any improper awards and other payments detected. GAO 
investigated parties that were excluded for offenses such as fraud, 
theft, and violations of federal statutes and received awards in excess 
of $1,000. 

What GAO Found: 

Businesses and individuals that have been excluded for egregious 
offenses ranging from national security violations to tax fraud are 
improperly receiving federal contracts and other funds. GAO developed 
cases on a number of these parties and found that they received funding 
for a number of reasons, including because agency officials failed to 
search EPLS or because their searches did not reveal the exclusions. 
GAO also identified businesses and individuals that were able to 
circumvent the terms of their exclusions by operating under different 
identities. GAO’s cases include the following: 

* The Army debarred a German company after its president attempted to 
ship nuclear bomb parts to North Korea. As part of the debarment, Army 
stated that since the president “sold potential nuclear bomb making 
materials to a well-known enemy of the United States,” there was a 
“compelling interest to discontinue any business with this morally 
bankrupt individual.” However, Army told GAO it was legally obligated 
to continue the contract and paid the company over $4 million in fiscal 
2006. In fact, the Army had several options for terminating the 
contract, but it is not clear if these options were considered. 

* The Navy suspended a company after one of its employees sabotaged 
repairs on an aircraft carrier by using nonconforming parts to replace 
fasteners on steam pipes. If these pipes had ruptured as a result of 
faulty fasteners, those aboard the carrier could have suffered lethal 
burns. Less than a month later, the Navy improperly awarded the company 
three new contracts because the contracting officer did not check EPLS. 

Table: Additional Examples of Excluded Parties That Continued to 
Receive Federal Funds: 

Nature of work: Administrative services; Reason for exclusion: 
Submission of inflated invoices to IRS; Case details: NASA awarded 
company $450,000 because it did not search EPLS. 

Nature of work: Computer services; 
Reason for exclusion: Falsification of SEC filings; Case details: USDA 
awarded company $120,000 when EPLS searches did not reveal the 
suspension. 

Nature of work: Electronics; 
Reason for exclusion: Conviction for making fraudulent purchases using 
stolen federal government credit cards; Case details: Debarred owner 
created “new” company with a different name but the same address, to 
obtain awards from the Defense Logistics Agency. 

Source: GAO. 

[End of table] 

Most of the improper contracts and payments GAO identified can be 
attributed to ineffective management of the EPLS database or to control 
weaknesses at both excluding and procuring agencies. For example, GAO’s 
work shows that entries may contain incomplete information, the 
database has insufficient search capabilities, and the points of 
contact for information about exclusions are incorrect. GAO also found 
several agencies that did not enter exclusions and others that did not 
check EPLS prior to making awards. Finally, GAO found that excluded 
parties were still listed on GSA’s Federal Supply Schedule, which can 
result in agencies purchasing items from unscrupulous companies. To 
verify that no warnings exist to alert agencies that they are making 
purchases from excluded parties, GAO used its own purchase card to buy 
body armor worth over $3,000 from a company that had been debarred for 
falsifying tests related to the safety of its products. 

What GAO Recommends: 

GAO recommends that GSA take actions to strengthen controls over EPLS, 
including issuing guidance to agency officials on EPLS requirements, 
ensuring that EPLS requires the entrance of contractor identification 
numbers, and strengthening search functions. GSA agreed with these 
recommendations and outlined several actions it has taken or plans to 
take. However, the actions described do not achieve the intent of GAO’s 
recommendations. GSA simply restated its current policies instead of 
agreeing to take steps to oversee the completeness of EPLS and ensure 
that exclusions are properly enforced. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.gao.gov/products/GAO-09-174]. For more 
information, contact Gregory Kutz at (202) 512-6722 or kutzg@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Excluded Parties Continue to Do Business with the Government: 

Ineffective EPLS Management or Agency Control Weaknesses Lead to 
Improper Awards and Other Payments: 

Corrective Action Briefing and Referrals: 

Conclusion: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology: 

Appendix II: Additional Case Studies Show That Agencies Are Awarding 
Funds to Excluded Parties: 

Appendix III: Comments from the General Services Administration: 

Tables: 

Table 1: Case Studies Show That Agencies Are Awarding Funds to Excluded 
Parties: 

Table 2: Case Studies Show That Agencies Are Awarding Funds to Excluded 
Parties: 

Abbreviations: 

CAGE: Commercial and Government Entity: 

CO: Contracting Officer: 

DLA: Defense Logistics Agency: 

DOJ: Department of Justice: 

DUNS: Data Universal Numbering System: 

EIN: Employer Identification Number: 

EPA: Environmental Protection Agency: 

EPLS: Excluded Parties List System: 

FAQ: Frequently Asked Questions: 

FAR: Federal Acquisition Regulation: 

FPDS-NG: Federal Procurement Data System-Next Generation: 

GSA: General Services Administration: 

HHS: Department of Health and Human Services: 

IAE: Integrated Acquisition Environment: 

IRS: Internal Revenue Service: 

NASA: National Aeronautics and Space Administration: 

SEC: Securities and Exchange Commission: 

SSN: Social Security Number: 

TIN: Taxpayer Identification Number: 

USDA: United States Department of Agriculture: 

VA: Department of Veterans Affairs: 

[End of section] 

United States Government Accountability Office: Washington, DC 20548: 

February 25, 2009: 

The Honorable Edolphus Towns: 
Chairman: 
Committee on Oversight and Government Reform: 
House of Representatives: 

The Honorable Henry A. Waxman: 
House of Representatives: 

Federal agencies are required to award contracts only to presently 
responsible sources--those that are determined to be reliable, 
dependable, and capable of performing required work. To protect the 
government's interests, any agency can exclude, i.e., suspend or debar, 
businesses or individuals from receiving contracts or assistance 
[Footnote 1] for various reasons, such as a conviction of or indictment 
for criminal or civil offense or a serious failure to perform to the 
terms of a contract.[Footnote 2] Within 5 business days after a 
suspension or debarment becomes effective, agencies must report all 
excluded parties to the Excluded Parties List System (EPLS), a Web- 
based system maintained by the General Services Administration (GSA). 
[Footnote 3] Before awarding funds, contracting officers and other 
agency officials are required to check EPLS to ensure that a 
prospective vendor is not an excluded party. 

GSA offers training for suspension and debarment officials and other 
agency personnel only on EPLS system requirements. GSA has not issued 
any additional guidance or best practices related to EPLS. According to 
GSA, agencies are responsible for training suspension and debarment 
officials and contracting officers about Federal Acquisition Regulation 
(FAR) requirements related to exclusions and procurements. In addition, 
GSA told us that the Federal Acquisition Institute offers training 
courses on these issues. 

In July 2005, GAO reported that the data in EPLS were insufficient to 
enable agencies to determine with confidence that a prospective vendor 
was not currently excluded.[Footnote 4] In response, GSA agreed to 
modify EPLS's data requirements to include a mandatory provision that 
agencies enter a Data Universal Numbering System (DUNS) number to 
facilitate the identification of excluded contractors.[Footnote 5] 
Despite this modification, recent allegations indicate that businesses 
or individuals that have been excluded for egregious offenses have been 
able to "resurface" under the same or a different business name or 
identity in order to continue to receive federal contracts and other 
funds. As a result, you asked us to (1) determine whether we could 
substantiate these allegations and (2) identify the key causes of any 
improper awards and other payments we detect. 

To determine whether excluded individuals are receiving federal funds, 
we first compared DUNS numbers appearing in EPLS with those appearing 
in the Federal Procurement Data System-Next Generation (FPDS-NG) for 
fiscal years 2006 and 2007. FPDS-NG is the central repository for 
capturing information on federal procurement actions. Because not all 
records within EPLS contain DUNS numbers, we also compared vendor 
addresses available in EPLS with those in FPDS-NG. From the matches we 
identified, we selected for further investigation parties that (1) were 
excluded governmentwide for egregious offenses such as fraud, false 
statements, theft, and violations of selected federal statutes and (2) 
received new awards in excess of $1,000 during the period of suspension 
or debarment. We reviewed agency documentation related to the exclusion 
actions and the justifications for awards to confirm that these parties 
had received improper awards and to identify the key causes of such 
awards. We did not examine any federal award databases other than FPDS- 
NG, nor did we examine whether excluded parties continued to receive 
federal funds under subcontract arrangements or from grants, loans, or 
subsidies. Our objective was not to determine, and we did not have data 
to determine, the number of businesses and individuals in EPLS that 
received new federal awards during their exclusions. However, the data 
we obtained were sufficient to identify businesses and individuals for 
further investigation. We prepared case studies on these parties if we 
could confirm that they received improper awards during the period of 
their exclusion. However, we did not conduct an exhaustive 
investigation of these parties' business and financial transactions, 
nor could we determine the total dollar value of improper awards they 
received. 

We conducted our audit work and investigative work from December 2007 
through November 2008. We conducted our audit work in accordance with 
U.S. generally accepted government auditing standards. Those standards 
require that we plan and perform the audit to obtain sufficient, 
appropriate evidence to provide a reasonable basis for our findings and 
conclusions based on our audit objectives. We believe that the evidence 
obtained provides a reasonable basis for our findings and conclusions 
based on our objectives. We performed our investigative work in 
accordance with standards prescribed by the President's Council on 
Integrity and Efficiency. A detailed discussion of our scope and 
methodology is presented in appendix 1. 

Results in Brief: 

We confirmed allegations that businesses and individuals that were 
excluded for egregious offenses were continuing to improperly receive 
federal contracts. Specifically, we developed case studies on 
businesses and individuals that were awarded funds despite being 
suspended or debarred for a variety of offenses, ranging from national 
security violations to illegal dumping of chemicals to tax fraud. These 
excluded parties received funding in part because agency officials 
failed to search EPLS or because their searches did not reveal the 
exclusions as a result of system deficiencies. We also identified 
additional cases involving businesses and individuals that were able to 
fraudulently circumvent the terms of their exclusions by operating 
under different identities and one case where the Army chose to 
continue doing business with an excluded party despite its debarment. 
Examples of our cases include the following: 

* In July 2005, the Department of the Army debarred a German company 
and its president after the president violated German law and attempted 
to ship dual use aluminum tubes, which can be used to develop nuclear 
weapons, to North Korea. In the debarment decision, the Army stated 
that because the president "sold potential nuclear bomb making 
materials to a well-known enemy of the United States," there was a 
"compelling interest to discontinue any business with this morally 
bankrupt individual." Despite this debarment, the Army chose to 
continue to award the company task orders and paid it over $4 million 
during fiscal year 2006. Although the Army told us that it was legally 
obligated to continue the contract with the company, there were in fact 
several options available for termination. It is not clear if the Army 
considered these options because the officials we spoke with were not 
sure of the exact circumstances surrounding the decision and there was 
no contemporaneous documentation related to the case. 

* In April 2006, the Department of the Navy suspended a company after 
one of its employees sabotaged repairs on an aircraft carrier by using 
nonconforming parts to replace fasteners on steam pipes. If these pipes 
had ruptured as a result of faulty fasteners, those aboard the carrier 
could have suffered lethal burns. However, less than a month after the 
suspension, the Navy awarded the same company three new contracts 
because a contracting officer failed to check EPLS to verify the 
company's eligibility. 

* GSA suspended a construction company in September 2006 after its 
president opened fraudulent GSA surplus-property-auction accounts using 
fictitious Social Security numbers so that he could continue to do 
business with GSA while his original account was in default for 
nonpayment. The Department of the Interior attempted to check the 
contractor's eligibility in EPLS prior to making several awards to the 
company, but the exclusion was not revealed because GSA did not enter 
the company into EPLS until October 2006, more than a month after the 
suspension began. 

* The Department of Health and Human Services (HHS) debarred an 
individual in April 2003 for 5 years after he pleaded guilty to 
Medicare fraud. Because HHS did not debar the individual's company, he 
transferred ownership of the company to his wife in an attempt to 
continue receiving Medicare reimbursements. After HHS objected to this 
arrangement, he then sold the company to a neighbor. Two years later, 
citing financial difficulties, the neighbor sold the business back to 
the original owner's wife. The wife admitted to our investigators that 
she then legally changed her last name to her maiden name to avoid 
"difficulties" in using her husband's name. Using this scheme, the 
couple received Medicare payments for the remaining 3 years of the 
husband's debarment. 

Most of the improper contracts and payments we identified can be 
attributed to ineffective management of the EPLS database or to control 
weaknesses at both excluding and procuring agencies. Our cases and 
analyses of EPLS data demonstrate that no single agency is proactively 
monitoring the content or function of the database and that agencies 
are not consistently inputting timely or accurate data related to the 
parties they exclude. Specifically, our work shows that EPLS entries 
may contain incomplete information, the database has insufficient 
search capabilities, and the listed points of contact for further 
information about exclusions are incorrect. With regard to agency 
control weaknesses, our investigation shows that (1) excluding agencies 
ignored the DUNS number requirement, (2) agencies did not enter 
exclusions within the required time frame, (3) contracting officers 
failed to check EPLS prior to making awards or adding new work or 
extensions to existing contracts, (4) agencies used automated 
purchasing systems that do not interface with EPLS, and (5) agencies 
made purchases from excluded parties that are listed on GSA's Federal 
Supply Schedule. Although agencies are still required to check EPLS 
prior to purchasing items through this program, the fact that excluded 
parties are listed on the GSA Schedule can result in agencies 
purchasing from unscrupulous companies that continue to pursue business 
with the government notwithstanding the terms of their exclusions. To 
verify that no warnings exist to alert agencies that they are making 
purchases from excluded parties, we used our own GAO purchase card to 
buy body armor worth over $3,000 through the Supply Schedule from a 
company that had been debarred by the Department of the Air Force in 
September 2007 for falsifying tests related to the safety of its 
products. 

On November 18, 2008, we held a corrective action briefing with the 
agencies that are the subjects of our case studies. At the briefing, 
GSA officials noted that most of the issues we had identified could be 
solved through improved training, and the other agencies agreed. We 
also referred all of our cases to the appropriate agency officials for 
further action. In addition, we are recommending that the Administrator 
of General Services take five actions to strengthen controls over EPLS 
to improve the effectiveness of the suspension and debarment process. 
Specifically, GSA should issue guidance to procurement officials on the 
requirement to check EPLS prior to awarding contracts and to suspension 
and debarment officials on the 5-day entry and contractor 
identification number requirements. GSA should also ensure that the 
EPLS database requires contractor identification numbers for all 
actions entered into the system. In addition, GSA should strengthen 
EPLS search capabilities and take steps to update and maintain EPLS 
points of contact. Finally, GSA should place a warning on the Federal 
Supply Schedule Web site indicating that prospective purchasers need to 
check EPLS to determine whether vendors are excluded and should also 
explore the feasibility of removing or identifying excluded entities 
that are listed on the Schedule. 

In written comments on a draft of this report, GSA agreed with all five 
of our recommendations. As part of its response, GSA outlined actions 
it plans to take or has taken that are designed to address our 
recommendations. However, most of the actions described do not achieve 
the intent of these recommendations. In several instances, GSA simply 
restated its current policies and procedures instead of agreeing to 
take steps to oversee the completeness of EPLS and ensure that 
exclusions are properly enforced. Based on our investigation, if GSA is 
not more proactive in its management of the system, suspended and 
debarred companies will continue to improperly receive millions of 
taxpayer dollars. See the Agency Comments and Our Evaluation section of 
this report for a more detailed discussion of GSA's comments. We have 
reprinted GSA's written comments in appendix III. 

Background: 

GSA operates EPLS through funds obtained from 24 federal agencies 
[Footnote 6] in support of the Integrated Acquisition Environment 
(IAE), a bundle of services established to streamline the federal 
government acquisition process.[Footnote 7] Agencies are required to 
report excluded parties by entering information directly into the EPLS 
database within 5 working days after the exclusion becomes effective. 
When a business is excluded, the action extends to all its divisions 
and organizational units, as well as specifically named affiliates. 
Affiliates may include businesses with interlocking management, shared 
facilities, and equipment; new businesses with the same ownership and 
employees as previously excluded businesses; and common interests among 
family members. 

The Federal Acquisition Regulation (FAR) includes a list of the 
information to be entered in EPLS, such as the individual's or 
business's name and address, a code signifying the cause of the 
exclusion, the length of the exclusion, the name of the agency taking 
the action, and the contractor identification number, if applicable. 
With regard to the latter, for firms the FAR requires entrance of a 
DUNS number--a unique nine-digit identification number assigned by Dun 
& Bradstreet, Inc. If available and disclosure is authorized, excluding 
agencies should also enter an employer identification number (EIN), 
other taxpayer identification number (TIN), or a Social Security number 
(SSN) if excluding an individual. Department of Defense agencies may 
also enter a Commercial and Government Entity (CAGE) code, a unique 
identifier assigned by the department. 

Before awarding contracts or making purchases from GSA's Federal Supply 
Schedule, contracting officers and other agency officials are required 
to check EPLS to ensure that a prospective vendor is not an excluded 
party. Generally, excluded parties may complete their performance on 
preexisting contracts. However, agencies must check EPLS prior to 
making any modifications that add new work or extend the period of 
performance, unless a waiver is granted by the head of the agency. 

Excluded Parties Continue to Do Business with the Government: 

Businesses and individuals that have been excluded for egregious 
offenses are continuing to receive federal contracts and other funds. 
We developed case studies on several of these excluded parties and 
found that they continued to receive contracts and other federal 
payments in part because agency officials failed to search EPLS or 
because their searches did not reveal that the entity was excluded as a 
result of system deficiencies. In other cases, these searches did not 
reveal exclusions because the excluded businesses and individuals were 
fraudulently operating under different identities. We also identified 
one case where the Army chose to continue doing business with an 
excluded party despite its debarment. Table 1 highlights 15 of the case 
studies we developed. More detailed information on 10 of these cases 
follows the table. An additional 10 cases are listed in appendix II. 

Table 1: Case Studies Show That Agencies Are Awarding Funds to Excluded 
Parties: 

Case: 1; 
Nature of work: Chemical products; 
Excluding agency and reason for exclusion: 
* GSA, May 2007; 
* Conspiring to defraud the government; 
Case details: 
* Company sold over $1,000,000 in chemicals to various federal 
agencies, including GSA, during its debarment; 
* EPLS searches did not reveal the company was debarred because GSA did 
not list any unique identifying information for the company in EPLS 
until we notified it of the discrepancy in May 2008. 

Case: 2; 
Nature of work: Cable television; 
Excluding agency and reason for exclusion: 
* Navy, July 2003; 
* Conviction for a massive tax fraud scheme; 
Case details: 
* The Navy made two awards to the company during FY 2006 and FY 2007 
totaling $230,000 because the contracting officer (CO) used an 
incorrect name to search EPLS. 

Case: 3; 
Nature of work: Mechanical parts; 
Excluding agency and reason for exclusion: 
* Defense Logistics Agency (DLA), February 2005; 
* Delivery of noncompliant parts for use in military vehicles; 
Case details: 
* Per a DLA investigation conducted in summer 2007, during its 
debarment the company sold over $1,000,000 in parts to various federal 
agencies, including the Air Force, the Army, the Navy, and GSA, among 
others; 
* The Air Force purchased $2,000 of these parts because it used 
incorrect punctuation in an EPLS search. We do not have documentation 
explaining why other agencies made awards to this company. 

Case: 4; 
Nature of work: Computer services; 
Excluding agency and reason for exclusion: 
* GSA, August 2006; 
* Conviction for falsification of records related to Securities and 
Exchange Commission (SEC) filings; 
Case details: 
* The U.S. Department of Agriculture (USDA) awarded the company 
$120,000 in September 2006 when EPLS searches by name and DUNS did not 
reveal the suspension because the CO used incorrect punctuation in the 
company's name. 

Case: 5; 
Nature of work: Construction; 
Excluding agency and reason for exclusion: 
* GSA, September 2006; 
* Use of fictitious SSNs to open fraudulent GSA auctions accounts; 
Case details: 
* Interior made seven awards to the company totaling $230,000 during 
2007; 
* Five of these awards were made because the CO failed to query EPLS; 
* For two awards, an EPLS query did not reveal the suspension because 
GSA failed to enter the data in a timely manner. 

Case: 6; 
Nature of work: Cleaning supplies; 
Excluding agency and reason for exclusion: 
* GSA, March 2007; 
* Conviction for illegally dumping chemicals into city sewers; 
Case details: 
* The Department of Veterans Affairs (VA) made a $1,500 purchase from 
the company during August 2007. VA did not check EPLS because it 
assumed the company was eligible based on its listing on the Federal 
Supply Schedule. 

Case: 7; 
Nature of work: Engineering; 
Excluding agency and reason for exclusion: 
* Navy, April 2006; 
* Deliberate replacement of inspected parts with nonconforming parts 
during a repair of a naval vessel; 
Case details: 
* Within a month of debarring the company, the Navy awarded contracts 
totaling $110,000 without checking EPLS; 
* The Navy also made a $4,000 award following an EPLS search in which 
the company's name was misspelled. 

Case: 8; 
Nature of work: Electronics; 
Excluding agency and reason for exclusion: 
* DLA, May 2006; 
* Use of insider information to bid on federal contracts; 
Case details: 
* The Air Force awarded the company $50,000 in 2007 after incorrectly 
searching for the company's DUNS using EPLS's name search function. 

Case: 9; 
Nature of work: Administrative services; 
Excluding agency and reason for exclusion: 
* Treasury, March 2004; 
* Submission of inflated invoices to the Internal Revenue Service (IRS) 
for payment; 
Case details: 
* The National Aeronautics and Space Administration (NASA) awarded the 
company $450,000 in 2006 on the basis of an EPLS query performed in 
2003, before the company was debarred. 

Case: 10; 
Nature of work: Prosthetics; 
Excluding agency and reason for exclusion: 
* GSA, November 2006; 
* Violation of antifraud provisions of federal securities laws; 
Case details: 
* GSA did not enter the company in EPLS until after the suspension had 
terminated. VA made $1,000 in purchases from the company in November 
2006, having no way to know that the company was ineligible. 

Case: 11; 
Nature of work: Electronics; 
Excluding agency and reason for exclusion: 
* Navy, October 2005; 
* Conviction for stealing federal purchase card numbers to make 
fraudulent purchases totaling over $125,000; 
Case details: 
* DLA made a $2,500 purchase from the company in December 2005 through 
an automated purchasing system that does not interface with EPLS; 
* Debarred owner created a "new" company to receive an additional 
$30,000 in 2006 and 2007 from DLA by using a slightly altered name and 
a new DUNS and CAGE code. Federal contractor databases list the 
convicted company president as the point of contact for both companies. 
The contact phone number, addresses, and banking information were also 
identical. 

Case: 12; 
Nature of work: Medical equipment; 
Excluding agency and reason for exclusion: 
* HHS, April 2003; 
* Conviction for wire and Medicare fraud; 
Case details: 
* After a series of ownership transfers, the owner's wife operated her 
debarred husband's company under her maiden name. This scheme allowed 
the company to continue to receive Medicare disbursements for 3 years 
until her husband's debarment terminated. 

Case: 13; 
Nature of work: Aircraft adhesives; 
Excluding agency and reason for exclusion: 
* GSA, November 2006; 
* Wire fraud and use of noncompliant parts; 
Case details: 
* GSA entered into an administrative agreement with the owner that 
allowed him to continue to do business with the government as long as 
he removed himself from daily operations. In reality, the owner 
maintained control of the company using anonymous e-mail accounts and 
untraceable prepaid cell phones. 

Case: 14; 
Nature of work: Military spare parts; 
Excluding agency and reason for exclusion: 
* DLA, December 2005; 
* Conviction for false statements; 
Case details: 
* The Navy and the Air Force made purchases totaling $3,000 during FY 
2006 in part because they used incorrect punctuation in EPLS searches. 

Case: 15; 
Nature of work: Manufacturing; 
Excluding agency and reason for exclusion: 
* Army, July 2005; 
* Conviction in Germany for attempting to smuggle nuclear reactor parts 
into North Korea; 
Case details: 
* The Army awarded the company over $4 million during FY 2006; 
* The Army told us it was legally obligated to continue the contract. 
However, there were in fact several options for termination. It is not 
clear whether the Army considered those options. 

Source: GAO. 

Notes: Dollar amounts are rounded. An additional 10 cases, numbered 16 
to 25, are listed in appendix II. 

[End of table] 

Case 1: GSA debarred this company and its principals in May 2007 for 
conspiring to defraud the government by affixing false manufacturing 
labels on chemicals they were selling to GSA. In addition, 
investigators from the Environmental Protection Agency (EPA) and the 
Drug Enforcement Agency learned this company was selling an ozone- 
depleting chemical to a company that in turn sold the chemical to 
individuals for the illegal production of methamphetamines. Despite its 
debarment, the company has since received over $1 million in awards 
from four different federal agencies; the majority of these awards were 
made by USDA and GSA. USDA officials told us that they were exercising 
an option year on a previously existing contract with the company and 
that their internal procedures did not require them to conduct an EPLS 
search prior to awarding the company $700,000 associated with the 
option. However, the officials were mistaken: the FAR states that 
options will not be exercised with debarred parties unless the head of 
an agency makes a determination that the agency should continue the 
contract.[Footnote 8] 

Furthermore, when we asked GSA officials why they were doing business 
with a company they had recently debarred, they told us that it was not 
the same company. Specifically, they told us that they had checked EPLS 
and found that the company that they were currently doing business with 
had a different address than the company they originally debarred, even 
though both shared the same name. But when we examined records 
associated with the debarment, we were able to confirm that it was in 
fact the same company. GSA's debarring official had mistakenly entered 
the company's attorney's address into EPLS instead of its business 
address. After we notified GSA, they corrected the entry in May 2008. 
However, because of the incorrect address and lack of DUNS, agencies 
that conducted EPLS searches related to this company prior to May 2008 
would have been unable to determine that it was debarred. According to 
one of the company's principals, they continued to accept federal funds 
during the debarment because agencies continued to place orders on 
existing contracts; the principals did not feel obligated to point out 
that the agencies were in error. 

Case 2: In 2003 and 2004, the Navy debarred this company, its 20 
subsidiaries, and several of its executives (including its comptroller, 
treasurer, and president/co-owner) in conjunction with a massive tax 
fraud scheme. Specifically, the company pleaded guilty in November 2002 
of conspiring to defraud the Department of Defense through falsified 
cost claims and money laundering related to its business of providing 
cable television service to U.S. military installations. Prior to this 
plea, the company president/co-owner fled to New Zealand via Canada and 
Barbados under a Grenadian passport obtained in the name of a deceased 
former neighbor. He was apprehended by Australian police in 2002 while 
attempting to obtain a Canadian visa in Sydney and was extradited 4 
years later. He was eventually convicted of tax evasion, false claims, 
and mail fraud and was sentenced to 108 months imprisonment and ordered 
to pay a $4 million fine. 

During 2006 and 2007, the Navy lifted the debarments from the parent 
company and 11 of the company's subsidiaries because the company's 
president and other executives agreed to remove themselves from office. 
However, the remaining 11 subsidiaries continued to be debarred in part 
because the company was unable to provide the Navy with evidence that 
the former president and other executives had actually resigned from 
day-to-day operations. Despite the subsidiaries' ongoing debarred 
status, the Navy awarded $230,000 to 2 of these 11 debarred 
subsidiaries during 2006 and 2007. About $225,000 of this total was 
awarded because the Navy searched EPLS using a variation of the company 
name that was not listed as debarred. 

Although the parent company continues to be the sole provider of cable 
for numerous military bases throughout the world, the Navy remains 
concerned about doing business with the company in part because of its 
continued relationship with the former president. Specifically, prior 
to departure from office, the president gifted his 50 percent ownership 
interest in the company to his wife; she was never debarred but was 
previously suspended for 5 months beginning October 2006. Currently, 
she is president and CEO and has assumed management of the corporate 
staff. As of March 5, 2007, the debarred former president was serving 
the first 6 months of his sentence under house arrest. 

Case 4: GSA suspended this computer services company in August 2006 
after a conviction for falsification of books and records used for 
required SEC filings. USDA awarded the company $120,000 in September 
2006. Although USDA procurement staff searched for the correct company 
in EPLS, they left out a comma when spelling the name, and the 
suspension did not appear. 

Case 5: In September 2006, GSA suspended this construction company and 
its president after the president was found to have used fictitious 
Social Security numbers to open multiple GSA auction accounts to bid on 
surplus property. These fraudulent accounts allowed him to continue to 
bid on property from GSA while his primary account was in default for 
nonpayment. Despite this suspension, Interior made seven awards in 2007 
to the company totaling over $230,000. For five of these awards, 
Interior was unable to provide evidence that EPLS was checked prior to 
the award. The remaining two awards were both made within a month of 
the suspension. Because GSA had failed to enter the suspension 
information into EPLS in a timely manner, Interior was unaware of the 
company's ineligibility. Specifically, GSA did not enter the company 
into EPLS for more than a month after its suspension, even though the 
FAR requires agencies to report excluded parties within 5 working days 
after the exclusion becomes effective. 

Case 6: This cleaning supply manufacturer was convicted for illegally 
discharging chemicals into a city sewer system. GSA suspended the 
company in March 2007. Prior to its suspension, the company had been 
approved as a GSA Supply Schedule vendor through July 2011. Although 
agencies are required to check EPLS prior to making purchases through 
the supply schedule, VA officials assumed that the company was eligible 
based on its Supply Schedule listing and purchased $1,500 of cleaning 
products in August 2007. 

Case 7: The Navy initially contracted with this engineering company to 
replace 500 "brittle fasteners" on steam pipes on the aircraft carrier 
U.S.S. John F. Kennedy in February 2006. Subsequently, Navy personnel 
conducted ongoing inspections of the replacements to verify that they 
had been properly changed. The Navy suspended the company in April 2006 
when it found that one of the company's employees was replacing the 
correct fasteners he had recently installed with nonconforming parts 
after those initially installed had already passed inspection. The 
employee used this scheme because he had underestimated the number of 
fasteners he needed to complete the replacement work. According to 
documents provided by Navy officials, if these pipes had ruptured as a 
result of faulty fasteners, those aboard the carrier could have 
suffered lethal burns. Despite these actions, the Navy made three 
awards worth a total of $110,000 to the company within a month of the 
suspension because COs did not check EPLS to verify the company's 
eligibility. The Navy awarded the company an additional $4,000 when 
another CO misspelled the company's name in an EPLS search.[Footnote 9] 

Case 9: Treasury suspended this administrative services company in 
March 2004 for inflating costs on invoices submitted to the IRS. Prior 
to this suspension, during September 2003, NASA issued a contract to 
the company for training logistics support services. In a memorandum 
describing this award decision, NASA made specific reference to ongoing 
litigation related to cost inflation on IRS invoices, but noted that at 
that time "neither the IRS, nor the DOJ has initiated suspension or 
debarment actions." Even though NASA had knowledge of the case, it 
failed to check EPLS for a change in contractor eligibility prior to 
making modifications to the company's contract in 2006, as required by 
the FAR. Instead NASA simply relied on its original 2003 EPLS check 
when increasing the contract's value, in excess of the minimum contract 
value, by $450,000. 

Case 11: The CEO of this electronics company was convicted in June 2004 
of making fraudulent purchases with government purchase card 
information that he stole from Navy officials who were making purchases 
from his company. The Navy debarred the CEO and his company in October 
2005. However, DLA's automated purchasing system, which does not 
interface with EPLS, placed an order with the company during its 
debarment for $3,000 worth of electrical components. In addition, the 
CEO created a "new" company using a slightly altered business name, 
different DUNS numbers, and CAGE codes--the three primary unique 
identifiers used to locate a firm within EPLS.[Footnote 10] He was then 
able to receive an additional $30,000 in awards during 2006 and 2007 
from DLA. Our investigation also revealed that this second company 
shares the same address, phone number, and bank account with the 
debarred company. 

Case 12: This case involves a debarred individual who used a series of 
ownership changes to allow his durable medical equipment company to 
continue to receive reimbursements from Medicare. In April 2003, HHS 
debarred the owner for 5 years after he pleaded guilty to wire fraud 
and Medicare fraud related to a scheme in which he used his company to 
sell medically unnecessary incontinence kits to nursing homes. Because 
HHS did not debar the individual's company, he transferred ownership of 
the company to his wife in an attempt to continue receiving Medicare 
reimbursements. HHS objected to this transfer and threatened to debar 
the entire company unless another owner could be found. The couple then 
sold the business to a neighbor. After 2 years, citing financial 
difficulties, the neighbor defaulted on her obligations and returned 
the business to the original owner's wife. 

After the wife reassumed control of the company, she legally changed 
her last name back to her maiden name, even though she was still 
married to the original owner. She admitted to our investigators that 
she did so to avoid "difficulties" in conducting business using the 
same name as a convicted criminal. She also transferred the full assets 
of her husband's former company to a preexisting durable medical 
equipment company that she also owned and changed the name under which 
the company would do business. The couple told us, and the Medicare 
program confirmed, that the business continued to receive 
reimbursements from Medicare for the remainder of the husband's 
debarment. The husband's debarment terminated in April 2008, and he has 
returned to running the original company's day-to-day operations. 

Case 13: GSA debarred the owner of this aircraft adhesives company in 
November 2006 after he was convicted of wire fraud related to a scheme 
in which he conspired with his subcontractor to fraudulently change 
expiration dates on adhesives sold to the Navy. The adhesives he sold 
to the Navy were 5 years out of date. As part of the debarment, GSA 
entered into an administrative compliance agreement with the owner that 
allowed his company to continue do business with the federal 
government. This agreement was based in part on the owner's assertion 
that he had voluntarily built a "firewall" between himself and the day- 
to-day operations of his company. However, our investigation revealed 
that the owner misled GSA and was in reality still continuing to run 
the company through an intermediary by using anonymous e-mail accounts 
and untraceable prepaid cell phones. Specifically, the intermediary, 
who was supposedly in charge of daily operations, told us that he e- 
mailed all transactions and communications to the debarred owner for 
review. This information included contracts, government orders, and 
orders from suppliers. In addition, the intermediary told us that he 
provided the owner with daily updates on company operations using the 
prepaid cell phones. In order to prevent detection, the intermediary 
drove miles away from the company every day at lunch to place the 
calls. Using this scheme, the owner was able to continue to run the 
company, receiving $700,000 in improper payments since the 
administrative compliance agreement went into effect. 

Case 15: The Army decided to pay this company millions of dollars even 
though it had debarred the company and its president for attempting to 
illegally sell nuclear bomb parts to North Korea. Although the Army had 
several options for terminating its contract with the company, it is 
not clear if the Army considered these options because the officials we 
spoke with were not sure of the exact circumstances surrounding the 
decision. 

In March 2003, the U.S. Army Contracting Command for Europe awarded a 
German company a contract with two 1-year options to provide "civilian 
on the battlefield" actors to participate in training exercises. These 
actors were not required to have any specialized skills, other than 
speaking some English. In July 2005, the Army debarred the company and 
its president based on the president's 2004 attempt to illegally ship 
dual use aluminum tubes, which can be used to develop nuclear bombs, to 
North Korea. German customs authorities had twice denied the president 
a license to ship the aluminum tubes to North Korea, once in 2002 and 
again in 2003, and specifically told him that the tubes were likely to 
be used for the "North Korean nuclear program." Despite this warning, 
the president attempted to smuggle the aluminum tubes to southeast Asia 
aboard a French vessel and misled German authorities by telling them 
that the tubes had been returned to a vendor in the United Kingdom. 
Germany subsequently convicted the president under the German Federal 
Foreign Trade Act and the Federal Weapons of War Control Act. In its 
decision to debar the company, Army officials stated that because the 
president "sold potential nuclear bomb making materials to a well-known 
enemy of the United States," the United States has "a compelling 
interest to discontinue any business with this morally bankrupt 
individual" and that continuing to do business with the company would 
be "irresponsible." The contractor notified the Command of the proposed 
debarment in May 2005, but the Command decided that the action did not 
prohibit it from continuing to do business with the company. 
Ultimately, the Army paid the company in excess of $4 million 
throughout fiscal year 2006.[Footnote 11] 

One potential avenue for termination that the Army could have 
considered relates to a contractual provision that stated "contractors 
performing services in the Federal Republic of Germany shall comply 
with German law…. Compliance with this clause and German law is a 
material contract requirement. Noncompliance by the Contractor or 
Subcontractor at any tier shall be grounds for issuing a negative past 
performance evaluation and terminating this contract, task order, or 
delivery order for default." Even though the company violated the 
German Federal Foreign Trade Act and the Federal Weapons of War Control 
Act, the Army Command officials we spoke with did not indicate that 
this option had been considered. 

Moreover, the Command officials told us that the Army was "legally 
obligated" to continue the contract based on the provision in the FAR 
that specifies that "agencies may continue contracts or subcontracts in 
existence at the time the contractor was debarred, suspended, or 
proposed for debarment unless the agency head directs otherwise." 
However, although this provision does grant the Army the authority to 
continue the contract, it does not obligate the Army to do so. In fact, 
the FAR permits the federal government to terminate contracts for 
convenience and for default, depending on the circumstances. Although 
the Command officials we spoke with told us that both these options had 
been considered, when we asked for more detailed information, they told 
us that they were not involved in the decision-making process and were 
not sure of the exact circumstances surrounding the decision. In 
addition, there was no contemporaneous documentation to support the 
decision. Thus, the Command continued to pay the company millions of 
dollars, even though the Army had determined that doing business with 
the company would be "irresponsible." 

Ineffective EPLS Management or Agency Control Weaknesses Lead to 
Improper Awards and Other Payments: 

Most of the improper awards and payments we identified can be 
attributed to ineffective management of the EPLS database or to control 
weaknesses at both excluding and procuring agencies. For example, our 
cases and analyses of EPLS data show that EPLS entries may lack DUNS 
numbers, the database had insufficient search capabilities, and that a 
number of the listed points of contact for further information about 
exclusions were incorrect. Although we did not conduct a comprehensive 
review of each agency's controls, our cases studies also show that 
excluding agencies failed to enter information into EPLS in a timely 
manner and that procuring agencies failed to check EPLS prior to making 
awards, including purchases from the GSA Schedule. To illustrate the 
latter issue, we used our own purchase card to buy body armor worth 
over $3,000 off the Supply Schedule from a company that had been 
debarred for falsifying tests related to the safety of its products. 

Ineffective Management of EPLS: 

As described below, our cases and analysis of EPLS data demonstrate 
that no single agency is proactively monitoring the content or function 
of the database: 

EPLS Contains Incomplete Information: As of July 2007, GSA updated EPLS 
to prevent excluding agencies from completing an entry without entering 
a DUNS number. This modification, which was made in response to an 
earlier GAO recommendation[Footnote 12], was intended to enable 
agencies to determine with confidence that a prospective vendor was not 
currently excluded. However, during our initial analysis of the 437 
firms entered into EPLS between June 29, 2007, and January 23, 2008, we 
found that 38--9 percent---did not have any information listed in the 
DUNS field. According to GSA, agencies may have been able to complete 
these entries without a DUNS number because they were modifications of 
existing records. For example, if an agency suspended a company prior 
to July 2007 and then updated that entry in September 2007 to reflect 
that the company had subsequently been debarred, the agency would not 
be required to enter a DUNS number. This discrepancy means that only 
new exclusions entered after the July 2007 effective date require a 
DUNS number in order to complete an EPLS entry. Without this unique 
identification information, agencies are forced to rely on name and 
address matches, making it extremely difficult to definitively identify 
an excluded party. 

EPLS Search Functions Are Inadequate: When agency staff query EPLS by 
name or address to verify vendor eligibility, there is no guarantee 
that a search will reveal a suspension or debarment action. For 
example, we identified agencies that conducted "exact name" EPLS 
searches but still awarded contracts to an excluded party. [Footnote 
13] These agencies did not use correct spelling or punctuation in their 
searches. Unlike other search engines, an exact name search in EPLS 
must literally be exact in terms of spelling and punctuation or an 
excluded party will not be revealed. For example, a party listed as 
"Company XYZ, Inc." in EPLS would not be identified if an agency left 
out the comma in the name and instead conducted a search for "Company 
XYZ Inc." Other agencies we identified provided proof that they 
conducted searches by DUNS numbers but their searches similarly did not 
reveal any exclusions, even though the companies the agencies were 
looking for were listed in EPLS with DUNS numbers. We cannot determine 
why these searches failed. 

EPLS Agency Points of Contact Are Incorrect: The EPLS Web site lists 
points of contact for further information regarding specific exclusion 
actions. This directory covers 59 agencies and lists 78 different 
individuals. Overall, we were unable to contact suspension and 
debarment personnel at 15--about 25 percent--of the agencies with 
listed points of contact. For example, we initially found that 19 of 
the phone numbers listed were disconnected or otherwise nonfunctioning. 
In addition, we found that 6 points of contact were incorrect. In one 
instance, the individual listed had been retired for 5 years. These 
inaccuracies increase the likelihood that agency staff will be unable 
to confirm actions with the excluding agency. 

Excluding and Procuring Agency Control Weaknesses: 

We identified the following excluding and procuring agency control 
weaknesses: 

Excluding Agencies Do Not Always Enter DUNS Numbers: As previously 
indicated, we found that 38 of the 437 EPLS entries agencies made 
between June 29, 2007, and January 23, 2008, lacked an entry in the 
DUNS field. We also found that for 81 additional firms entered into 
EPLS during the same period, the excluding agency entered a DUNS number 
of "000000000" or some other nonidentifying information. Therefore, 119 
firms in total--27 percent--lacked an identifiable DUNS number. 
Incorrect DUNS numbers prevent contracting officers and other agency 
officials from readily identifying debarred or suspended parties when 
making awards. 

Agencies Did Not Enter Exclusions in a Timely Manner: The FAR mandates 
that agencies enter all required information regarding debarment and 
suspension actions into EPLS within 5 working days after the action 
becomes effective.[Footnote 14] However, our case examples identified 
several instances in which agencies failed to do so. For instance, VA 
made a purchase from a vendor while the vendor was in the midst of a 1- 
month suspension for a violation of the antifraud provisions of federal 
securities laws. Because GSA, the suspending agency, did not enter the 
action into EPLS until several days after the suspension had been 
lifted, VA had no mechanism to identify the suspension and thus 
proceeded with the purchase from the suspended vendor. 

Contracting Officers Did Not Check EPLS: The FAR requires contracting 
officers to check that proposed vendors are not listed in EPLS. 
[Footnote 15] In six of our case studies, we found that procurement 
staff made no effort to query EPLS to determine vendor eligibility 
prior to awarding an initial contract or modifying an existing contract 
to extend the period of performance or increase the scope of work, 
resulting in 14 awards to ineligible parties. 

Automated Purchasing Systems May Not Interface with EPLS: Some agencies 
use automated systems to process routine purchasing transactions. In 
this situation, agencies still have a responsibility to verify 
contractor eligibility before making a purchase. However, unless the 
automated system is able to interface directly with EPLS, it is 
possible for the system to unintentionally make purchases from excluded 
parties. For example, 90 percent of DLA's annual purchases go through 
an automated system, which does not interface with EPLS. We identified 
four instances where DLA contracted with and made payments to excluded 
parties as a result of using this system.[Footnote 16] 

Excluded Parties Remain Listed on the GSA Schedule: Under the Federal 
Supply Schedule program, GSA establishes long-term governmentwide 
contracts with commercial firms to provide access to over 11 million 
commercial supplies and services that can be ordered directly from the 
contractors or through an on-line shopping and ordering system. GSA 
requires new vendors to demonstrate that they are responsible and to 
certify that they are currently eligible for federal contracts. On its 
Web site, GSA states that the Schedule is a "reliable and proven one- 
stop online resource" and "offers the most comprehensive selection of 
approved products and services from GSA contracts." However, vendors 
are not removed from the Schedule if they become debarred or suspended. 
The FAR specifically prohibits agencies from making a Supply Schedule 
purchase from an excluded contractor. Nonetheless, these GSA Schedule 
listings can result in agencies purchasing items from unscrupulous 
vendors. For example, in one of our cases, an agency incorrectly 
assumed that GSA was responsible for ensuring the ongoing eligibility 
of vendors listed on the Supply Schedule and thus did not check EPLS 
before it made purchases from a company that illegally dumped chemicals 
into city sewers. To verify that no warnings exist to alert agencies 
that they are making purchases from excluded parties, we used our own 
GAO purchase card to acquire body armor worth over $3,000 from a Supply 
Schedule company that had been debarred for falsifying tests related to 
the safety of its products. Nothing in the purchase process indicated 
that the company was ineligible to do business with the government and 
the company did not inform us of its excluded status. 

Corrective Action Briefing and Referrals: 

On November 18, 2008, we held a corrective action briefing for agencies 
that were the subjects of our case studies. Attendees at this meeting 
included representatives from the Army, the Navy, the Air Force, the 
Defense Logistics Agency, the Department of Energy, the Department of 
Veterans Affairs, the General Services Administration, and the National 
Aeronautics and Space Administration. At this briefing, we explained 
the types of cases we investigated and the overall control weaknesses 
we identified. In response, GSA officials noted that most of the issues 
we had identified could be solved through improved training, and the 
other agencies agreed. We also referred the businesses and individuals 
discussed in our case studies to the appropriate agency officials for 
further investigation. 

Conclusion: 

EPLS system deficiencies and agency control weaknesses have allowed 
contractors that have been deemed insufficiently responsible to do 
business with the government and to receive federal funds during their 
period of ineligibility. These excluded parties will no doubt continue 
to benefit unless GSA strengthens its oversight and management of EPLS. 
More importantly, agencies can prevent improper awards in the future by 
strictly adhering to the requirement to check EPLS prior to making 
awards and by entering all information related to excluded parties in 
an accurate and timely fashion. 

Recommendations for Executive Action: 

To improve the effectiveness of the suspension and debarment process, 
we recommend that the Administrator of General Services take the 
following five actions: 

* issue guidance to procurement officials on the requirement to check 
EPLS prior to awarding contracts and to suspension and debarment 
officials on the 5-day entry and contractor identification number 
requirements; 

* ensure that the EPLS database requires contractor identification 
numbers for all actions entered into the system; 

* strengthen EPLS search capabilities to include common search 
operators, such as AND, NOT, and OR; 

* take steps to ensure that the EPLS points of contact list is updated; 
and: 

* place a warning on the Federal Supply Schedule Web site indicating 
that prospective purchasers need to check EPLS to determine whether 
vendors are excluded and explore the feasibility of removing or 
identifying excluded entities that are listed on the GSA Schedule. 

Agency Comments and Our Evaluation: 

In written comments on a draft of this report, GSA concurred with all 
five recommendations and agreed to use the report's findings to 
strengthen controls over the Excluded Parties List System. GSA's 
comments are reprinted in appendix III. As part of its response, GSA 
outlined actions it plans to take or has taken that are designed to 
address the recommendations. However, most of the actions described do 
not achieve the intent of these recommendations. In several instances, 
GSA simply restated its current policies and procedures instead of 
agreeing to take steps to oversee the completeness of EPLS and ensure 
that exclusions are properly enforced. Based on our investigation, if 
GSA is not more proactive in its management of the system, suspended 
and debarred companies will continue to improperly receive taxpayer 
dollars. 

For example, in response to our recommendation to issue guidance to 
procurement officials on the requirement to check EPLS prior to 
awarding contracts and to suspension and debarment officials on the 5- 
day entry and contractor identification number requirements, GSA does 
not plan to take any new actions. Instead, GSA cited Federal 
Acquisition Regulation (FAR) requirements already in place and pointed 
to a two-paragraph section of the EPLS Frequently Asked Questions (FAQ) 
Web page that existed prior to our investigation. GSA considers the FAQ 
to be support for closing this recommendation. However, our 
investigation clearly demonstrates that, despite the existence of this 
FAQ, agencies are not always checking EPLS prior to awards or entering 
exclusions in a timely or complete fashion. Moreover, at our corrective 
action briefing, GSA officials noted, and the other agencies agreed, 
that most of these problems could be solved through improved training 
and guidance. If GSA and the other agencies continue to operate the 
EPLS system as they have, we believe suspended and debarred companies 
will continue to be able to do business with the government. Therefore, 
we do not consider the GSA FAQ to be sufficient support to close this 
recommendation. 

In response to our recommendation that GSA ensure that the EPLS 
database requires contractor identification numbers for all actions 
entered into the system, GSA maintains that it made the entrance of 
DUNS numbers in EPLS mandatory for organizations and contractors on 
June 29, 2007. GSA does not plan to take any additional actions and 
believes that this 2007 action closes the recommendation. However, our 
investigation clearly demonstrates that EPLS entries for firms lacked 
contractor identification numbers after June 29, 2007. Specifically, we 
found that 38 (9 percent) of the 437 firms entered into EPLS between 
June 29, 2007, and January 23, 2008, did not have any information 
listed in the DUNS field. We also found that for 81 additional firms 
entered into EPLS during the same period, the excluding agency entered 
a DUNS number of "000000000" or some other nonidentifying information. 
Therefore, 119 firms in total---27 percent---lacked an identifiable 
DUNS number. In addition to DUNS numbers, the FAR also states that 
excluding agencies should enter an employer identification number 
(EIN), other taxpayer identification number (TIN), or a Social Security 
number (SSN), if these numbers are available and disclosure is 
authorized. Department of Defense agencies may also enter a Commercial 
and Government Entity (CAGE) code. However, none of these 
identification numbers are mandatory in EPLS and the data reliability 
assessment we conducted at the start of our work[Footnote 17] showed 
that they are rarely entered. Without unique identification 
information, agencies are forced to rely on name and address matches, 
making it extremely difficult to definitively identify an excluded 
party when making awards. Consequently, we continue to believe that GSA 
should take further steps to ensure that the EPLS database requires, at 
a minimum, contractor identification numbers for all actions entered 
into the system. We do not consider the recommendation to be closed. 

In response to our recommendation to strengthen EPLS search 
capabilities to include common search operators, such as AND, NOT, and 
OR, GSA noted that EPLS now supports these operators and provided a 
link to the advanced search tips help site. Our observation is that 
since we concluded our investigation, EPLS search capabilities have 
improved. However, there is no link to the advanced search tip site on 
the EPLS front page, so users may not be able to readily access this 
information. Specifically, users must first click on "search help," 
which provides a list of basic tips, and then scroll down to find the 
advanced search tip link. Therefore, we consider this recommendation to 
be open. 

In response to our recommendation to take steps to ensure that the EPLS 
points of contact list is updated, GSA explained that while it 
maintains responsibility for updating the list, it is the 
responsibility of each agency to notify GSA of any changes to their 
individual point of contact information. GSA also mentioned that the 
responsibility of each agency has been addressed at the Interagency 
Suspension and Debarment Committee and EPLS Advisory Group meetings. In 
addition, GSA stated that EPLS includes semi-annual automated 
notifications to verify agency point of contacts and that the EPLS help 
desk also provides support in identifying current information in 
response to public user reports of outdated point of contact 
information. As we noted in our report, the EPLS Web site has a 
directory that covers 59 agencies and lists 78 different individuals, 
if additional follow-up is needed. However, we were unable to contact 
suspension and debarment personnel at 15--about 25 percent--of the 
agencies with listed points of contact. For example, we initially found 
that 19 of the phone numbers listed were disconnected or otherwise 
nonfunctioning. In addition, we found that 6 points of contact were 
completely incorrect. In one instance, the individual listed had been 
retired for 5 years. As of February 11, 2009, the date of GSA's agency 
comment letter, our follow-up work shows that the majority of these 
inaccuracies still existed on the EPLS agency contact list. Therefore, 
it appears that the steps GSA mentions in its comment letter have been 
ineffective. Although we recognize that agencies have a responsibility 
to provide GSA with up-to-date information, we think it is reasonable 
for GSA to proactively manage the completeness and accuracy of the 
list, especially since they know, as a result of our investigation, 
that the list has significant errors. In short, we do not consider 
GSA's actions to be sufficient to close the recommendation. 

Finally, we recommended that GSA place a warning on the Federal Supply 
Schedule Web site indicating that prospective purchasers need to check 
EPLS to determine whether vendors are excluded and also explore the 
feasibility of removing or identifying excluded entities that are 
listed on the GSA Schedule. In response, GSA outlined proposed actions 
that it believes warrant closing the recommendation. These actions 
include (1) adding reminders to eCommerce systems to ensure that 
purchasers are aware of excluded parties prior to placing orders, (2) 
establishing and placing messages within the Web sites to remind 
purchasers to check EPLS, and (3) providing direct access links to the 
EPLS Web site within the GSA Advantage, eBuy, and eLibrary sites so 
that purchasers have easy access to the system. We support these 
planned improvements; however, they only address part of our 
recommendation. With regard to the second part of our recommendation-- 
exploring the feasibility of removing or identifying excluded entities-
-GSA reiterated the process for terminating a contractor's Schedule 
contract without actually stating any actions it would take to address 
the vulnerability we found. During our investigation, we identified 
several excluded parties on the Schedule, including a body armor 
manufacturer that had been debarred for the egregious offense of 
falsifying tests related to the safety of its products. As shown by 
this finding, there is currently no way to alert prospective purchasers 
that a specific Schedule contractor is excluded. We continue to believe 
it is important for GSA to explore the feasibility of proactively 
removing or identifying excluded parties that are listed on the 
Schedule. Therefore, we consider the recommendation to be open. 

As arranged with your office, we plan no further distribution until 5 
days after the date of this report. At that time, we will be sending 
copies of this report to the Administrator of General Services and 
other interested parties. In addition, the report will be available at 
no charge on GAO's Web site at [hyperlink, http://www.gao.gov]. For 
further information about this report, please contact Gregory D. Kutz 
at (202) 512-6722 or kutzg@gao.gov. Contact points for our Offices of 
Congressional Relations and Public Affairs may be found on the last 
page of this report. 

Signed by: 

Gregory D. Kutz: 
Managing Director: 
Forensic Audits and Special Investigations: 

[End of section] 

Appendix I: Scope and Methodology: 

To substantiate the allegation that businesses and individuals 
improperly received federal funds despite being excluded for egregious 
offenses, first we obtained a database from the General Services 
Administration (GSA) of all Excluded Parties List System (EPLS) records 
that were active between October 1, 2001, and January 23, 2008. This 
database contained over 125,000 records and included the following 
fields: unique record identifier, entity name, Social Security number 
(SSN), taxpayer identification number (TIN), entity classification, 
[Footnote 18] Commercial and Government Entity (CAGE) code, exclusion 
type,[Footnote 19] cause and treatment code, full address, Data 
Universal Numbering System (DUNS) number, debarring agency, date of 
action,[Footnote 20] date of termination,[Footnote 21] delete date, 
[Footnote 22] archive/current status, and description. We matched the 
11,432 DUNS available in EPLS with DUNS numbers appearing in the 
Federal Procurement Data System-Next Generation (FPDS-NG) for fiscal 
years 2006 and 2007. Because not all records within EPLS contain DUNS 
numbers, we also matched these databases by vendor address. We focused 
our efforts on identifying parties that (1) were excluded 
governmentwide for egregious offenses such as fraud, false statements, 
theft, and violations of selected federal statutes and (2) received new 
contracts in excess of $1,000 during the period of their exclusion. Our 
objective was not to determine, and we did not have data to determine, 
the total number of individuals and businesses in EPLS that received 
new federal awards during their exclusions or the total dollar value of 
improper awards. 

To develop case studies, we performed investigative work on a 
nonrepresentative selection of the contractors that received new awards 
in excess of $1,000 during their period of exclusion. The investigative 
work included obtaining and analyzing public records, criminal 
histories, and conducting interviews. However, we did not conduct an 
exhaustive investigation of these parties' business and financial 
transactions, nor could we determine the total dollar value of improper 
awards they received. To identify the key causes of the improper awards 
identified in our case studies, we analyzed matches between EPLS and 
FPDS-NG, obtained and reviewed agency documentation related to 
exclusion actions, and obtained and evaluated agency justifications for 
awards made to excluded parties. We did not conduct a comprehensive 
review of each agency's internal controls. 

To assess the reliability of EPLS data provided by GSA, we (1) reviewed 
control totals provided by GSA, (2) matched a sample of records 
provided by GSA to records located at EPLS's Web site to determine if 
the data were exported correctly, (3) performed electronic testing of 
the required data elements for obvious errors in completeness, and (4) 
interviewed agency officials knowledgeable about the data. As a result 
of electronic testing, we found missing and illogical entries in 
required data fields. In addition, EPLS information may have been 
incomplete for our purposes because of the loss of historic record 
information. We found several instances in which the action date of an 
existing record was changed, effectively deleting all evidence of the 
original record. For example, agency EPLS users can modify almost all 
information related to existing records. Should an agency need to amend 
or update an entity's suspension or debarment record, EPLS does not 
archive the record that was altered. We were able to confirm this issue 
with GSA. We found the data to be insufficiently reliable for 
determining how many excluded parties received new federal awards 
during their period of exclusion because of the number of missing 
entries in certain data fields and the lack of an historical archive 
that results from record modifications; however, the data were 
sufficient to identify case studies for further investigation. 

We conducted our audit work and investigative work from December 2007 
through November 2008. We conducted our audit work in accordance with 
U.S. generally accepted government auditing standards. Those standards 
require that we plan and perform the audit to obtain sufficient, 
appropriate evidence to provide a reasonable basis for our findings and 
conclusions based on our audit objectives. We performed our 
investigative work in accordance with standards prescribed by the 
President's Council on Integrity and Efficiency. 

[End of section] 

Appendix II: Additional Case Studies Show That Agencies Are Awarding 
Funds to Excluded Parties: 

The first 15 cases, numbered 1 through 15, are listed in table 1. 

Table 2: Case Studies Show That Agencies Are Awarding Funds to Excluded 
Parties: 

Case: 16; 
Nature of work: Cleaning services; 
Excluding agency and reason for exclusion: 
* Air Force, October 2003; 
* Submission of false billings for services not provided; 
Case details: 
* The Air Force awarded the company $7,000 in FY 2006 after a properly 
conducted EPLS search failed to reveal the company's debarment. 

Case: 17; 
Nature of work: Military supply; 
Excluding agency and reason for exclusion: 
* Navy, August 2007; 
* Violation of federal antitrust statutes; 
Case details: 
* DLA made a $12,000 purchase from the company in September 2007 
through an automated purchasing system that does not interface with 
EPLS. 

Case: 18; 
Nature of work: Refinery; 
Excluding agency and reason for exclusion: 
* EPA, August 2007; 
* Conspiracy to violate the Clean Water Act; 
Case details: 
* Energy awarded the company $10,000 after the suspension date, but 
before the suspension was entered into EPLS. 

Case: 19; 
Nature of work: Microwave technology; 
Excluding agency and reason for exclusion: 
* Navy, June 2006; 
* Indictment on multiple charges, including 29 counts of wire fraud; 
Case details: 
* The Navy made two purchases totaling $11,000 from the company using 
simplified acquisition procedures without checking contractor 
eligibility in EPLS. 

Case: 20; 
Nature of work: Construction services; 
Excluding agency and reason for exclusion: 
* Army, June 2006; 
* Indictment on multiple charges, including conspiracy to commit fraud; 
Case details: 
* The Navy modified an existing contract to add $1,000 in goods during 
August 2006 without performing an EPLS search. 

Case: 21; 
Nature of work: Computer services; 
Excluding agency and reason for exclusion: 
* Navy, November 2006; 
* Failure to disclose a conflict of interest related to prior military 
service; 
Case details: 
* Interior awarded a $200,000 contract modification during FY 2007 
based on the company's oral representation of eligibility, without 
conducting an independent query of EPLS; 
* The Navy and USDA awarded contracting modifications worth $580,000 
without checking EPLS. 

Case: 22; 
Nature of work: Construction; 
Excluding agency and reason for exclusion: 
* Army, October 2005; 
* Engaging in a bid rigging scheme; 
Case details: 
* The Army made three awards to the company totaling $300,000 during FY 
2006 based on an EPLS search conducted during FY 2003. 

Case: 23; 
Nature of work: Construction; 
Excluding agency and reason for exclusion: 
* Army, September 2005; 
* Bribery and kickbacks related to federal contracts; 
Case details: 
* Army was unable to provide any justification for over $100,000 in 
contracts awarded to the company during October 2005. 

Case: 24; 
Nature of work: Computer services; 
Excluding agency and reason for exclusion: 
Air Force, July 2007; 
* Perpetrating a phantom bidding scheme; 
Case details: 
* Army made five awards during FY 2007 totaling $150,000 after EPLS 
searches by name failed to reveal the company's debarment. 

Case: 25; 
Nature of work: Manufacturing; 
Excluding agency and reason for exclusion: 
* DLA, February 1997; 
* Indictment for mail fraud; 
Case details: 
* Army was unable to provide any justification for $25,000 in awards to 
the company made during FY 2006 and 2007. 

Source: GAO. 

[End of table] 

[End of section] 

Appendix III: Comments from the General Services Administration: 

U.S. General Services Administration: 
1800 F Street NW: 
Washington, DC 20405-0002: 
Telephone: (202) 501-0800: 
Fax: (202) 219-1243: 
[hyperlink, http://www.gsa.gov] 

February 11, 2009: 

The Honorable Gene L. Dodaro: 
Acting Comptroller General of the United States: 
Government Accountability Office: 
Washington, DC 20548: 

Dear Mr. Dodaro: 

The U.S. General Services Administration (GSA) appreciates the 
opportunity to review and comment on the draft report, "Excluded 
Parties List System: Suspended and Debarred Businesses and Individuals 
Improperly Receive Federal Funds" (GAO-09-174). We regret the delay in 
forwarding our response to you and appreciate the Government 
Accountability Office's (GAO) willingness to accept our delayed 
response. We agree with the findings and recommendations and will use 
the report's findings to strengthen controls over the Excluded Parties 
List System (EPLS). Substantive comments to the findings and 
recommendations are provided below: 

The GAO recommends that the Administrator of General Services take the 
following five actions: 

1. Issue guidance to procurement officials on the requirement to check 
EPLS prior to awarding contracts and to suspension and debarment 
officials on the 5-day entry and contractor identification number 
requirements. 

GSA recognizes this recommendation as a training concern of all Federal 
agency procurement and acquisition communities. The Federal Acquisition 
Regulation (FAR) provides guidance at FAR Section 9.405 regarding the 
requirements to review the EPLS. In addition, the EPLS "Frequently 
Asked Questions (FAQ)" webpage provides further information on the 
requirements for using the EPLS at [hyperlink, 
https://www.epls.gov/epls/isplFAQ,isp#4] and is provided as an 
attachment to support this answer and close this recommendation. 
(Enclosure 1). 

Also, FAR Section 9.404(c)(5) requires agencies to enter information 
into EPLS within 5 days after the action becomes effective. 

2. Ensure that the EPLS database requires contractor identification 
numbers for all actions entered into the system. 

On June 29, 2007, the Data Universal Numbering System (DUNS) for 
organizations and contractors was made mandatory and the Dun and 
Bradstreet (D&B) Lookup process was incorporated into the EPLS. The 
Central Contractor Registration DUNS Lookup has been available since 
October 31, 2006. The EPLS release notes for fiscal year 2007 is 
provided as an attachment to support this answer and close this 
recommendation. (Enclosure 2). 

3. Strengthen EPLS search capabilities to include common search 
operators, such as AND, NOT, and OR. 

The EPLS supports the search operators AND, NOT, and OR as part of the
EPLS Advanced Search functionality. The advanced search tips are 
available for review at 
https.//www.epis.gowepls/isp/advancedSearchHelp.jsp. A copy of the 
advanced search tips is provided as an attachment to support this 
answer and close this recommendation. (Enclosure 3). 

4. Take steps to ensure that the EPLS points of contact list is 
updated. 

While GSA maintains responsibility for updating the EPLS points of 
contact list, it is the responsibility of each agency to notify GSA of 
any changes or updates to their individual Point of Contact (POC) 
information. This responsibility of each agency has been addressed 
during Interagency Suspension and Debarment Committee meetings and EPLS 
Advisory Group meetings. In addition, the EPLS includes an automated e-
mail process that generates semi-annual notifications, to the POC e-
mail addresses provided, to verify their POC status for their agency. 
Lastly, the EPLS help desk also provides support in identifying current 
information in response to public user reports of outdated POC 
information or forwards the concern to the GSA EPLS Project Manager for 
handling. We believe these actions sufficiently address the 
recommendation and warrant closure to this recommendation. 

5. Place a warning on the Federal Supply Schedule (sic) Web site 
indicating that prospective purchasers need to check EPLS to determine 
whether vendors are excluded and explore the feasibility of removing or 
identifying excluded entities that are listed on the GSA Schedule. 

GSA agrees with the need to take actions to mitigate against customers 
placing orders with Schedule vendors who appear on EPLS. GSA's Federal 
Acquisition Service (FAS) plans to take the following actions: (1) add 
reminders to customer-facing eCommerce systems to ensure prospective 
purchasers are aware of potential excluded parties prior to placing 
task orders; (2) establish and place messages within the websites to 
remind purchasers to check the EPLS website prior to placing a task 
order; and (3) provide direct access links to the EPLS website within 
GSA Advantage, eBuy, and eLibrary allowing purchasers easy access to 
information. 

Also included in recommendation 5 was the need to explore the 
feasibility of removing or identifying excluded entities that are 
listed on the GSA Schedule. The appropriate GSA Contracting Officer 
works with GSA's Office of General Counsel on a case-by-case basis to 
determine what type of contractual action may be appropriate, in 
accordance with FAR 9.405-1, "Continuation of current contracts." 
Current contracts may be continued despite administrative action, 
unless the agency head directs otherwise. It is only after consultation 
with legal counsel and others as prescribed by the FAR that the GSA 
Contracting Officer may take such action as terminating a contractor's 
Schedule contract. Finally, pursuant to FAR 9.405-1(b), unless an 
agency head determines that there are compelling reasons in ordering 
from a vendor that has been debarred, suspended or proposed for 
debarment. ordering activities should not place orders. We believe 
these actions sufficiently address the recommendation and warrant 
closure to this recommendation. 

Should you have any questions, please contact me. Staff inquiries may 
be directed to Earl J. Warrington, Director, Acquisition Environment 
Division, at 703-605-3404. 

Sincerely, 

Signed by: 
Paul F. Prouty: 
Acting Administrator: 

Enclosures 

cc: Gregory D. Kutz: 
Managing Director, Forensic Audits and Special Investigations: 

Enclosure 1: 

EPLS FAQ to support guidance on the requirements to check EPLS: 

4. What are the requirements for using EPLS? 

FAR Subpart 9.405(d)(1) requires contracting officers to review the 
EPLS after the opening of bids or receipt of proposals. FAR Subpart 
9.405(d)(4) requires contracting officers to review the EPLS again, 
immediately prior to award, to ensure that no award is made to a listed 
contractor. FAR 9.405-1(b) also requires contracting officers to check 
the EPLS prior to awarding "new work" as defined in this provision.
Subpart D of the Government-wide Nonprocurement Suspension and 
Debarment Common Rule requires agency officials to check the EPLS 
before they enter into a primary tier covered transaction, approve a 
principal in a primary tier covered transaction, approve a lower tier 
participant when agency approval is required, or approve a principal in 
a lower tier transaction if agency approval of the principal is 
required. 

Figure: EPLS Release Notes FY 2007: 

[Refer to PDF for image] 

[End of figure] 

Advanced Search Tips: 

The following information is provided to assist in performing searches 
on EPLS. 

Term Modifiers: 

The search engine supports a wide range of searching options. 

Wildcard Searches: 

To perform a single character wildcard search use the "?" symbol. 

To perform a multiple character wildcard search use the "*" symbol. 

The single character wildcard search looks for terms that match that 
with the single character replaced. For example, to search for "text" 
or "test" you can use the search: 

te?t: 

Multiple character wildcard searches looks for 0 or more characters. 
For example, to search for test, tests or tester, you can use the 
search: 

test*: 

You can also use the wildcard searches in the middle of a term. 

te*t: 

Note: You cannot use a " or ? symbol as the first character of a 
search. 

Fuzzy Searches: 

To do a fuzzy search use the tilde, "~", symbol at the end of a Single 
word Term. For example to search for a term similar in spelling to 
"roam" use the fuzzy search: 

roam-: 

This search will find terms like foam and roams. 

Proximity Searches: 

Finding words are a within a specific distance away. To do a proximity 
search use the tilde, "~", symbol at the end of a Phrase. For example 
to search for a "john" and "doe" within 10 words of each other in a 
document use the search: 

"john doe"~10: 

Boolean operators: 

Boolean operators allow terms to be combined through logic operators. 
We support AND, "+", OR, NOT and "" as Boolean operators (Note: Boolean 
operators must be ALL CAPS). 

OR: 

The OR operator is the default conjunction operator. This means that if 
there is no Boolean operator between two terms, the OR operator is 
used. The OR operator links two terms and finds a matching document if 
either of the terms exist in a document. This is equivalent to a union 
using sets. The symbol 11 can be used in place of the word OR. 

To search for documents that contain either "john doe" or just "john" 
use the query: 

"john doe" john; 
or 

"john doe" OR john. 

AND: 

The AND operator matches documents where both terms exist anywhere in 
the text of a single document. This is equivalent to an intersection 
using sets. The symbol && can be used in place of the word AND. 

To search for documents that contain "john doe" and "jane doe" use the 
query: 

john doe' AND "jane doe". 

The "+" or required operator requires that the term after the "+" 
symbol exist somewhere in a the field of a single document. 

To search for documents that must contain "doe" and may contain "john" 
use the query: 

+doe john. 

NOT: 

The NOT operator excludes documents that contain the term after NOT. 
This is equivalent to a difference using sets. The symbol ! can be used 
in place of the word NOT. 

To search for documents that contain "john doe" but not "anonymous" use 
the query: 

"john doe" NOT "anonymous". 

Note: The NOT operator cannot be used with just one term. For example, 
the following search will return no results: 

NOT "john doe" 

The "-" or prohibit operator excludes documents that contain the term 
after the "-" symbol. 

To search for documents that contain "john doe" but not "anonymous" use 
the query: 

"john doe" -"anonymous". 

Grouping: 

The search engine supports using parentheses to group clauses to form 
sub queries. This can be very useful if you want to control the boolean 
logic for a query. 

To search for either "john" or "doe" and "anonymous" use the query: 

(john OR doe) AND anonymous. 

This eliminates any confusion and makes sure you that anonymous must 
exist and either term john or doe may exist. 

Escaping Special Characters: 

Escaping special characters that are part of the query syntax. The 
current list special characters are: 

+ - && || () [] ^ " ! * ? : \ 

To escape these character use the \ before the character. For example 
to search for (1+1):2 use the query: 

\(1\+1\):2. 

This eliminates any confusion and makes sure you that anonymous must 
exist and either term john or doe may exist. 

[End of section] 

Footnotes: 

[1] Parties can be excluded from receiving a wide range of federal 
funds including, but not limited to, Medicare and Medicaid provider 
payments, cooperative agreements, scholarships, fellowships, loan 
guarantees, subsidies, insurance, payments for specified uses, donation 
agreements, or contracts of assistance. 

[2] A suspension is a temporary exclusion of a party pending the 
completion of an investigation, while a debarment is a fixed-term 
exclusion. Generally, the period of debarment does not exceed 3 years, 
though some are indefinite. 

[3] The database can be accessed at [hyperlink, http://www.epls.gov]. 

[4] GAO, Federal Procurement: Additional Data Reporting Could Improve 
the Suspension and Debarment Process, [hyperlink, 
http://www.gao.gov/products/GAO-05-479] (Washington, D.C.: July 29, 
2005). 

[5] A DUNS number is a unique nine-digit identification number assigned 
to firms by Dun & Bradstreet, Inc. 

[6] The 24 agencies are those subject to the Chief Financial Officers 
Act. 

[7] See [hyperlink, http://www.gsa.gov/iae] for a list of the services 
included in the IAE. 

[8] Federal Acquisition Regulation (FAR) § 9.405-1(b)(3). 

[9] Navy identified this award prior to delivery and canceled it at no 
cost to the government. 

[10] Although the second company was incorporated in 2002, prior to the 
debarment of the CEO's primary business, the majority of its sales 
occurred after the debarment. 

[11] Prior to the debarment, the Command had exercised an option on the 
contract, extending it for another year. 

[12] [hyperlink, http://www.gao.gov/products/GAO-05-479]. 

[13] Although we found that most of agencies we identified conduct 
searches by exact name, EPLS users can also search by other fields, 
including "partial name." 

[14] FAR 9.404(c)(3). 

[15] FAR 9.404(c)(7). Each agency must "establish procedures to ensure 
that the agency does not solicit offers from, award contracts to, or 
consent to subcontracts with contractors whose names are in EPLS." 

[16] We found another six instances where DLA noticed an improper 
purchase prior to delivery and canceled it without cost or liability to 
the government. 

[17] See appendix I for more information. 

[18] Entities in EPLS can be classified as an individual, firm, or 
entity. 

[19] Exclusions can be from procurement actions, nonprocurement 
actions, or both (reciprocal). 

[20] The action date is the date that an exclusion became active. 

[21] The termination date is the date that an exclusion is scheduled to 
expire. 

[22] The delete date is the date that, if the exclusion ended prior to 
the scheduled termination date, the exclusion was removed from EPLS. 

[End of section] 

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