24.104 Contract clauses.
When the design, development, or operation of a system of records on individuals is required
to accomplish an
agency function, the contracting officer shall insert the following clauses
in solicitations and contracts:
(a) The clause at 52.224-I, Privacy Act Notification.
(b) The clause at 52.224-2, Privacy Act.
52.224-1 Privacy Act
Notification.
As prescribed in 24.104, insert the following clause in solicitations and
contracts, when the design, development, or operation of a system of records on
individuals is required to accomplish an agency function:
PRIVACY ACT
NOTIFICATION (APR 1984)
The Contractor will be required to design, develop, or operate a system
of records on individuals, to accomplish an agency function subject to the
Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and
applicable agency regulations. Violation of the Act may involve the imposition
of criminal penalties.
(End of clause)
52.224-2 Privacy Act.
As prescribed in 24.104, insert the following clause in solicitations and
contracts, when the design, development, or operation of a system of records on
individuals is required to accomplish an agency function:
PRIVACY ACT (APR 1984)
(a) The Contractor agrees to—
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and
regulations issued under the Act in the design, development, or operation of
any system of records on individuals to accomplish an agency function when the
contract specifically identifies—
(i) The systems of records; and
(ii) The design, development, or operation work that the contractor is to
perform;
(2) Include the Privacy Act notification contained in this contract in every
solicitation and resulting subcontract and in every subcontract awarded without
a solicitation, when the work statement in the proposed subcontract requires the
redesign, development, or operation of a system of records on individuals that
is subject to the Act; and
(3) Include this clause, including this paragraph
(3), in all subcontracts awarded under this contract which requires the design,
development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought
against the agency involved when the violation
concerns the design, development, or operation of a system of records on
individuals to accomplish an agency function, and criminal penalties may be
imposed upon the officers or employees of the agency when the violation
concerns the operation of a system of records on individuals to accomplish an
agency function. For purposes of the Act, when the contract is for the
operation of a system of records on individuals to accomplish an agency
function, the Contractor is considered to be an employee of the agency.
(c)( 1) “Operation of a system of records,” as used in this clause, means
performance of any of the activities associated with maintaining the system of
records, including the collection, use, and dissemination of records.
(2) “Record,” as used in this clause, means any item, collection, or
grouping of information about an individual that is maintained by an agency,
including, but not limited to, education, financial transactions, medical
history, and criminal or employment history and that contains the person’s
name, or the identifying number, symbol, or other identifying particular
assigned to the individual, such as a fingerprint or voiceprint or a
photograph.
(3) “System of records on individuals,” as used in this clause, means a group
of any records under the control of any agency from which information is
retrieved by the name of the individual or by some identifying number, symbol,
or other identifying particular assigned to the individual.
(End of clause)