24.103
Procedures
Contracting officers must ensure contracts involving systems of records on individuals are clearly identified and that relevant privacy regulations are provided to contractors.
Overview
FAR 24.103 outlines the procedures contracting officers must follow when a contract may involve the design, development, or operation of a system of records on individuals to accomplish an agency function. The regulation ensures compliance with privacy laws, particularly the Privacy Act, by requiring careful review and documentation of contract requirements that impact individual privacy.
Key Rules
- Requirement Review
- Contracting officers must assess whether the contract involves systems of records on individuals.
- Work Statement Identification
- If applicable, the contract work statement must clearly identify the system of records and the specific work (design, development, or operation) to be performed.
- Availability of Agency Rules
- Contracting officers must make agency rules and regulations implementing the Privacy Act available to contractors, following agency procedures.
Responsibilities
- Contracting Officers: Must review requirements, ensure proper identification in the work statement, and provide relevant agency rules to contractors.
- Contractors: Must comply with the identified requirements and agency rules regarding systems of records on individuals.
- Agencies: Must establish procedures for making rules and regulations available and oversee compliance.
Practical Implications
- This section exists to protect individual privacy and ensure compliance with the Privacy Act in federal contracts.
- It impacts contracts involving personal data systems, requiring clear documentation and communication of privacy obligations.
- Common pitfalls include failing to identify applicable systems or not providing necessary regulatory information to contractors.