[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: 48CFR324.7003]



[Page 55-56]

 

            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 324.70_Confidentiality of Information

 

Sec. 324.7003  Applicability.



    (a) The ``Confidentiality of Information'' clause, set forth in 

352.224-70,



[[Page 56]]



should be used in solicitations and resultant contracts whenever the 

need exists to keep information confidential. Examples of situations 

where the clause may be appropriate include:

    (1) Studies performed by the contractor which generate information 

or involve Government-furnished information that is personally 

identifiable, such as medical records, vital statistics, surveys, and 

questionnaires;

    (2) Contracts which involve the use of salary structures, wage 

schedules, proprietary plans or processes, or confidential financial 

information of organizations other than the contractor's; and

    (3) Studies or research which may result in preliminary or 

invalidated findings which, upon disclosure to the public, might create 

erroneous conclusions which, if acted upon, could threaten public health 

or safety.

    (b) With regard to protecting individuals, this subpart and contract 

clause are not meant to regulate or control the method of selecting 

subjects and performing studies or experiments involving them. These 

matters are dealt with in the HHS regulation entitled ``Protection of 

Human Subjects,'' 45 CFR Part 46. If a system of records under contract, 

or portions thereof, is determined to be subject to the requirements of 

the Privacy Act, in accordance with FAR 24.1 and 324.1 and Title 45 CFR 

part 5b, the procedures cited in those references are applicable and the 

Privacy Act contract clause shall be included in the contract. If the 

contract also involves confidential information, as described in this 

section, which is not subject to the Privacy Act, the contract shall 

include the ``Confidentiality of Information'' clause in addition to the 

Privacy Act clause.