§ 12-7.103-29 Privacy Act.

Insert the clause set forth in FPR 11.327-5 as amended below under the conditions prescribed therein.

Substitute the following for FPR 1.327-5 (b):

(b) The following notification shall be included in every solicitation and in every contract when performance of work under the contract may involve the design, development, and/or operation of a system of records on individuals for an agency function.

PRIVACY ACT NOTIFICATION

Performance of work by the contractor under this procurement action may involve the design, development and/or operation of a system of records on individuals that is to be operated by the contractor to accom

plish an agency function. When such work is to be performed, the contractor shall comply with the Privacy Act of 1974, Pub. L. 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violations of the Act may involve the imposition of criminal penalties.

Substitute the following for FPR 1.327-5 (c):

(c) The following clause shall be included in every solicitation and in every contract when the performance of work thereunder may involve the design, development, or operation of a system of records on individuals that is to be operated by the contractor to accomplish an agency function, regardless of whether the system is the primary purpose of the contract.

PRIVACY ACT

(a) The contractor agrees: (1) To comply with the Privacy Act of 1974 (the Act) and the rules and regulations issued pursuant to the Act when performance under the contract involves the design, development, or operation of any system of records on individuals to be operated by the contractor in order to accomplish an agency function;

(2) To notify the Government when he anticipates operating a system of records in order to accomplish the requirements of this contract, if such system contains information about individuals which will be retrieved by the individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be employed in the performance of this contract until the necessary approval and publication requirements applicable to the system have been carried out. The contractor agrees to correct, maintain, disseminate, and use such records in accordance with the requirements of the Act, and to comply with all applicable requirements of the Act;

(3) To include the Privacy Act Notification contained in this contract in every subcontract solicitation and in every subcontract when the performance of work under the proposed subcontract may involve the design, development, or operation of a system of records on individuals that is to be operated under the contract to accomplish an agency function; and

(4) To include this clause, including this paragraph, in all subcontracts under which work for this contract is performed or which is awarded pursuant to this contract when the performance of work under the subcontract may involve the design, development or operation of such a system of records.

(b) For the purposes of the Act, when the contract involves the operation of a system of records on individuals to accomplish an agency function, the contractor and any em

ployee of the contractor is considered to be an employee of the agency, and the requirements of the Act, including the civil and criminal penalties for violation of the Act, are applicable except that the criminal penalties shall not apply with regard to contracts effective prior to September 27, 1975. In addition, failure to comply with the provisions of the Act or of this clause will make this contract subject to termination for default as provided for in the general provisions of this contract.

(c) The terms used in this clause have the following meanings: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records including the collection, use, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph.

(3) "System of records" on individuals 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)

§ 12-7.103-30 Clauses for solicitations and contracts for automatic data processing (ADP) equipment, software, maintenance services, and supplies.

Insert the clauses cited in FPR 17.103-30 as prescribed therein.

§ 12-7.103-31 Use of U.S. flag commercial vessels.

Insert the clause prescribed by FPR 1-19.108-2 under the conditions set forth therein.

§ 12-7.104 Additional clauses.

Insert the clause cited in FPR Subpart 1-7.104 if it is desired to cover the subject matter.

§ 12-7.104-1 Liquidated damages provisions.

Insert the provisions set forth in FPR 1-1.315-3 under the conditions prescribed in FPR 1-1.315.