[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: 48CFR352.224-70]



[Page 75-76]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 352_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 352.2_Texts of Provisions and Clauses

 

Sec. 352.224-70  Confidentiality of information.



    The following clause is covered by the policy set forth in subpart 

324.70 and is to be used in accordance with the instructions set forth 

in 324.7004.



                Confidentiality of Information (APR 1984)



    (a) Confidential information, as used in this clause, means 

information or data of a personal nature about an individual, or 

proprietary information or data submitted by or pertaining to an 

institution or organization.

    (b) The Contracting Officer and the Contractor may, by mutual 

consent, identify elsewhere in this contract specific information and/or 

categories of information which the Government will furnish to the 

Contractor or that the Contractor is expected to generate which is 

confidential. Similarly, the Contracting Officer and the Contractor may, 

by mutual consent, identify such confidential information from time to 

time during the performance of the contract. Failure to agree will be 

settled pursuant to the ``Disputes'' clause.

    (c) If it is established elsewhere in this contract that information 

to be utilized under this contract, or a portion thereof, is subject to 

the Privacy Act, the Contractor will follow the rules and procedures of 

disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and 

implementing regulations and policies, with respect to systems of 

records determined to be subject to the Privacy Act.

    (d) Confidential information, as defined in paragraph (a) of this 

clause, that is information or data of a personal nature about an 

individual, or proprietary information or data submitted by or 

pertaining to an institution or organization, shall not be disclosed 

without the prior written consent of the individual, institution, or 

organization.

    (e) Whenever the Contractor is uncertain with regard to the proper 

handling of material under the contract, or if the material in question 

is subject to the Privacy Act or is confidential information subject to 

the provisions of this clause, the Contractor should obtain a written 

determination from the Contracting Officer prior to any release, 

disclosure, dissemination, or publication.

    (f) Contracting Officer determinations will reflect the result of 

internal coordination with appropriate program and legal officials.

    (g) The provisions of paragraph (d) of this clause shall not apply 

when the information is subject to conflicting or overlapping provisions 

in other Federal, State, or local laws.



[[Page 76]]



                             (End of clause)



[66 FR 4255, Jan. 17, 2001, as amended at 70 FR 41, Jan. 3, 2005; 70 FR 

11583, Mar. 9, 2005]