FAR 52.224-2 Privacy Act. Basic (Apr 1984) (Current)

As prescribed in 24.104, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function, the contracting officer shall insert the following clauses in solicitations and contracts: (b) The clause at 52.224-2, Privacy Act.

Privacy Act (Apr 1984)

(a) The Contractor agrees to—

    (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

        (i) The systems of records; and

       (ii) The design, development, or operation work that the contractor is to perform;

    (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

    (3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

    (2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

    (3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of clause)

The Contractor agrees to include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

Mandatory (Exception);
Supplies ✖ (Applies when redesigning, developing, or operating a system of records on individuals that is subject to the Act.)

52.204-9 Personal Identity Verification of Contractor Personnel.

52.207-3 Right of First Refusal of Employment.

52.222-46 Evaluation of Compensation for Professional Employees.

52.224-1 Privacy Act Notification.

52.232-23 Assignment of Claims.

52.232-24 Prohibition of Assignment of Claims.

52.232-39 Unenforceability of Unauthorized Obligations.

52.233-1 Disputes.

52.233-2 Service of Protest.

52.233-4 Applicable Law for Breach of Contract Claim.

52.242-13 Bankruptcy.

52.242-5 Payments to Small Business Subcontractors.

52.243-4 Changes.

52.248-1 Value Engineering.

52.248-3 Value Engineering—Construction.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.224-3 Privacy Training.

52.216-32 Task-Order and Delivery-Order Ombudsman.

252.226-7002 Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

252.235-7004 Protection of Human Subjects.

1852.231-70 Precontract Costs.

5252.215-9505 EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)

5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR)

3052.205-70 Advertisements, Publicizing Awards, and Releases.

3052.235-70 Dissemination of information - educational institutions.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

5152.233-5900 AGENCY PROTEST PROGRAM

552.215-73 Notice.

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses.

552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.

552.241-71 Disputes (Utility Contracts).

652.206-70 Advocate for Competition/Ombudsman.

652.243-70 Notices.

752.222-70 USAID disability policy.

752.231-71 Salary supplements for HG employees.

752.236-70 Standards for accessibility for the disabled in USAID construction contracts.

952.203-70 Whistleblower protection for contractor employees.

952.233-4 Notice of protest file availability.

952.233-5 Agency protest review.

970.5209-1 Requirement for guarantee of performance.

Working with a set of FAR clauses from an RFP or contract?

Try pasting them into our tool to instantly generate a risk profile, including the basic flow down recommendation.

Info

Works best with Chrome and Edge browsers!