[Code of Federal Regulations]
[Title 48, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR952.204-77]

[Page 386-387]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                     CHAPTER 9--DEPARTMENT OF ENERGY
 
Sec. 952.204-77  Computer Security.

    As prescribed in 904.404(d)(7), the following clause shall be 
included:

                      Computer Security (AUG 2006)

    (a) Definitions.
    (1) Computer means desktop computers, portable computers, computer 
networks (including the DOE Network and local area networks at or 
controlled by DOE organizations), network devices, automated information 
systems, and or other related computer equipment owned by, leased, or 
operated on behalf of the DOE.
    (2) Individual means a DOE contractor or subcontractor employee, or 
any other person who has been granted access to a DOE computer or to 
information on a DOE computer, and does not include a member of the 
public who sends an e-mail message to a DOE computer or who obtains 
information available to the public on DOE Web sites.
    (b) Access to DOE computers. A contractor shall not allow an 
individual to have access to information on a DOE computer unless:
    (1) The individual has acknowledged in writing that the individual 
has no expectation of privacy in the use of a DOE computer; and,
    (2) The individual has consented in writing to permit access by an 
authorized investigative agency to any DOE computer used during the 
period of that individual's access to

[[Page 387]]

information on a DOE computer, and for a period of three years 
thereafter.
    (c) No expectation of privacy. Notwithstanding any other provision 
of law (including any provision of law enacted by the Electronic 
Communications Privacy Act of 1986), no individual using a DOE computer 
shall have any expectation of privacy in the use of that computer.
    (d) Written records. The contractor is responsible for maintaining 
written records for itself and subcontractors demonstrating compliance 
with the provisions of paragraph (b) of this section. The contractor 
agrees to provide access to these records to the DOE, or its authorized 
agents, upon request.
    (e) Subcontracts. The contractor shall insert this clause, including 
this paragraph (e), in subcontracts under this contract that may provide 
access to computers owned, leased or operated on behalf of the DOE.

                             (End of Clause)

[71 FR 40885, July 19, 2006]