[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR324.103]



[Page 54-55]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 324_PROTECTION OF PRIVACY AND FREEDOM OF 

INFORMATION--Table of Contents

 

             Subpart 324.1_Protection of Individual Privacy

 

Sec. 324.103  Procedures.



    (a) All requests for contract shall be reviewed by the contracting 

officer to determine whether the Privacy Act requirements are 

applicable. If applicable, the contracting officer shall include the 

solicitation notification and contract clause required by FAR 24.104 in 

the solicitation, and the contract clause in the resultant contract. In 

addition, the contracting officer shall ensure that the solicitation 

notification, contract clause, and other pertinent information specified 

in this subpart are included in any contract modification which results 

in the Privacy Act requirements becoming applicable to a contract.

    (b)(1) The contracting officer shall identify the system(s) of 

records on individuals in solicitations, contracts, and contract 

modifications to which the Privacy Act and the implementing regulations 

are applicable.

    (2) The contracting officer shall include a statement in the 

contract notifying the contractor that the contractor and its employees 

are subject to criminal penalties for violations of the Act (5 U.S.C. 

552a(i)) to the same extent as employees of the Department. The 

statement shall require that



[[Page 55]]



the contractor assure that each contractor employee knows the prescribed 

rules of conduct, and each contractor employee is aware that he/she can 

be subjected to criminal penalties for violations of the Act. The 

contracting officer shall provide the contractor with a copy of the 

rules of conduct and other requirements set forth in 45 CFR part 5b.

    (c) The contracting officer shall include in the contract the 

disposition to be made of the system(s) of records on individuals upon 

completion of performance of the contract. For example, the contract may 

require the contractor to completely destroy the records, to remove 

personal identifiers, to turn the records over to the Department, or to 

keep the records but take certain measures to keep the records 

confidential and protect the individuals' privacy.

    (d) Whenever an acquisition is determined to be subject to the 

Privacy Act requirements, a ``system notice,'' prepared by the program 

official and describing the Department's intent to establish a new 

system of records on individuals, to make modifications to an existing 

system, or to disclose information in regard to an existing system, is 

required to be published in the Federal Register. A copy of the ``system 

notice'' shall be attached to the request for contract or purchase 

request. If a ``system notice'' is not attached, the contracting officer 

shall inquire about its status and shall obtain a copy from the program 

official for inclusion in the contract file. If a ``system notice'' has 

not been published in the Federal Register, the contracting officer may 

proceed with the acquisition but shall not award the contract until the 

``system notice'' is published, and publication is verified by the 

contracting officer.