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NOTICE TO AGENCY DEBARMENT AND SUSPENSION CONTACT POINTS AND END USERS


Compliance with the Computer Matching and Privacy Act of 1988

Welcome to the General Services Administration (GSA) "List of Parties Excluded from Federal Procurement and Nonprocurement Programs" (List). GSA's List provides an up to date source of information on those firms and individuals that have been suspended, debarred or otherwise excluded from Federal Procurement and Nonprocurement Programs. Users of the List are able to conduct a search by name of the excluded firm or individual, and to "download" various reports on excluded parties into other computer systems.

The reports currently available for this purpose are the "List Report", the "Supplemental Report", the "Agency Report", the "Lists Data Report", the ""Supplemental Data Report", and the "CT Code Report", hereinafter Reports. The Reports afford the users the option of selecting "Procurement" data,"Nonprocurement" data,"Reciprocal" data or "All" data (both procurement and nonprocurement) for the purpose of downloading into another computer system.

In the past, to ensure that the use of these reports was consistent with the Computer Matching and Privacy Act of 1988 (Act), GSA issued a password to users that allowed downloading of these reports. GSA will no longer issue passwords to Government or private users. Instead, your acceptance of the limitations summarized below will allow immediate access and downloading of all information contained in the List.

Procurement only data may be downloaded without regard to the limitations noted below.

The Act applies when the following four elements are present:

  1. Computerized comparison of data: If the comparison is made by two or more computers using two or more automated systems of Federal agency records covered by the Privacy Act. The List is such a system of records. A state or local government's use of a Federal agency's automated system of records in conjunction with an automated system maintained by the state or local government for the purpose of determining eligibility for Federal benefits may also require compliance with the Act. Similarly, a contractor of a Federal agency or state or local government may use a Federal agency's automated data base for the purpose of determining eligibility for Federal benefits in a manner which triggers the Act.
  2. Categories of subjects covered: Applicants for Federal benefit programs, current or former program beneficiaries, and providers of services to support Federal benefit programs are covered.
  3. Types of Programs covered: Only Federal benefit Programs providing cash or in kind assistance to individuals are covered. Programs that use records about subjects who are not individuals, as defined by Section (a)(2) of the Privacy Act, are not covered.
  4. Matching Purpose: The match must be for the purpose of: (a) establishing or verifying eligibility for Federal benefit programs; (b) verifying the statutory or regulatory requirements of such programs, or; (c) recouping payments or delinquent debts under Federal benefit programs.
Detailed information concerning compliance with the Act is contained in the Office of Management and Budget's (OMB) "Final Guidance Interpreting the Provisions of Public Law 100 503, Computer Matching and Privacy Act of 1988; Notices" published at 54 Fed. Reg. 25818, June 19, 1989. (OMB Matching Guidelines). The provisions of the OMB Matching Guidelines applicable to the use of data from the "Nonprocurement" and "All" options of the Reports are summarized below.
  1. GSA is the "Source Agency" for the purposes of complying with the Act. If a Federal agency uses data from the Reports to conduct computer matches covered by the Act, then the agency is a "Recipient Agency". Recipient agencies are responsible for publishing matching notices in the Federal Register, results of the cost benefit analysis, and submitting matching program reports to Congress and OMB.
  2. If a state or local government, or a contractor, uses data from the Reports in a manner that triggers the Act, then GSA is responsible for meeting the requirements of the "Source Agency" set forth in the OMB Matching Guidelines. Please inform state and local officials responsible for administering your agency's program, if appropriate.
The OMB Matching Guidelines should be reviewed to determine whether the Act applies to your program's use of the "Nonprocurement" and "All" options of the Reports.

In summary, access to the "Nonprocurement" and "All" options of Report Nos. 1 through 7, from the List is restricted to users who accept the limitations described above. Clicking on the Accept button indicates your acceptance and makes you or your organization subject to any penalties contained in the Computer Matching and Privacy Act. Your name and the name of your organization and the date you accepted the limitations above will be retained in a computerized data base. Please contact Ms. Priscilla Owens on (202) 501 4740 if you have any questions.


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