4.1902
Applicability
FAR 4.1902 makes basic safeguarding requirements mandatory for all acquisitions involving Federal contract information, except for COTS items.
Overview
FAR 4.1902 establishes the applicability of Subpart 4.19, which addresses the safeguarding of covered contractor information systems. This section clarifies that the requirements apply to all federal acquisitions—including those for commercial products and services—except for commercially available off-the-shelf (COTS) items. The regulation is triggered when a contractor's information system may contain Federal contract information, meaning any non-public information provided by or generated for the government under a contract. The intent is to ensure that contractors implement basic safeguarding measures to protect sensitive government data from unauthorized access or disclosure.
Key Rules
- Applicability to All Acquisitions
- The safeguarding requirements apply broadly to all types of acquisitions, not limited by contract size or type, as long as Federal contract information may be present in the contractor’s systems.
- Exclusion for COTS Items
- Acquisitions solely for commercially available off-the-shelf (COTS) items are excluded from these requirements.
Responsibilities
- Contracting Officers: Must ensure that contracts (except for COTS acquisitions) include the appropriate safeguarding clauses when Federal contract information may be involved.
- Contractors: Must assess whether their information systems will contain Federal contract information and comply with safeguarding requirements if so.
- Agencies: Should provide guidance and oversight to ensure compliance with safeguarding requirements.
Practical Implications
- This section exists to clarify when safeguarding requirements are triggered, helping both agencies and contractors determine compliance obligations early in the acquisition process.
- Contractors must be vigilant in identifying whether their systems will handle Federal contract information, as failure to comply can result in contractual or legal consequences.
- Common pitfalls include misclassifying COTS items or overlooking the presence of Federal contract information in contractor systems.