a. b. C. d. 2a. b. 3. 4. Copies of the clauses, regulations and guidelines referenced above are at Attachments A through F. No. To the extent that compliance is checked, it is through No opinion. The Privacy Act applies to systems of records (as defined Other than participation in the PRM process, in the absence Department policy on the ownership of data assembled by (1) Ordinarily data assembled by a contractor under a (2) (3) Data assembled by a contractor using a device in Other arrangements on the joint ownership of data Most Department of Commerce contracts have a dissemination of contract information clause which requires the written consent of a government contracting officer to publish, permit to publish or distribute for public consumption any information, oral or written, concerning results or conclusions. 37-686 - 79 7 a. b. C. d. 5. Also, as mentioned above, some contracts contain a clause (Attachment F) requiring the contractor to comply with the Privacy Act. Department contracts do not contain provisions which specify the ultimate disposition of data. The government's contracting officer is given authority to determine how the data will be disposed of, usually at the close of each contract. The ultimate disposition of the data depends on the thoroughness with which the contract administration process is carried out. The dissemination of contract information clause is placed No. The contracting officer. Departmental legal counsels review most contracts and advise if inappropriate clauses are included or appropriate clauses omitted. Provided under la. No. The Department is not aware of any situation where a duplication of effort clause which is designed to prevent 7. No. We may be expressing views as part of the Privacy PRM process. ATTACHMENT A Dissemination of Contract Information Unless otherwise provided in this contract the Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of, conclusions made pursuant to, performance under this contract without prior written consent of the Contracting Officer, until such time as the Government may have released such information to the public. (DOC MAR 1972) (i) Technical data resulting directly from performance of experimental, developmental, or research work which was specified as (2) The government shall have limited rights in: (i) Technical data listed or an element of performance in this or any described in an agreement incoparat other Government contract or subcontract: into this contract, which the parti (ii) Technical data necessary to enable manufacture of end-items, components and modifications, or to enable the performance of process, when the entities, components, modifications or proces ses have been or are being, developed under this or any other Government contract or subcontract in which experimental, developmental, or research work is, or was, specified as an element of contract performance, except technical data pertaining to items, components or processes developed at private expense (but see 2(ii) below); (iii) Technical data constitutiing corrections or changes to Government-furnished data; (iv) Technical data pertaining to end-items, components or processes which was prepared for the purpose of identifying sources, size configuration, mating and attachment characteristics, functional characteristics and performance requirements ("form, fit and function" data, e.g., specification control drawings, etc.); (v) Manuals or instructional materials prepared for installation, operation, maintenance or training purposes; (vi) Other technical data which ̧ has been, or normally furnished without restriction by the Contractor ar subcontractor; and (vii) Technical data listed or described in an agreement incorporated into this contract, which the parties have predetermined, on the basis of subparagraphs (i) through (vi) above, and agree will be furnished with unlimited rights. SUP 7D (11-77 ) have agreed will be furnished with limited rights; and (ii) Technical data pertaining to items, components or proces ses developed at private expense, other i than such data as may be included ir the data referred to in (b)(1)(i), (iii), (iv), (v), and (vi); and provided that each piece of data to which limited rights are to be asserted pursuant to (2)(i) and (ii) above is marked with the following legend in which is inserted the number of the prime contracts under which the technical data is to be delivered and the name of the Contractor or subcontractor by whom the technical data was generated: be This technical data, furnished under United States Government Contract No shall not, without the written permission of either (a) used, released or disclosed in whole or in part outsid the Government, (b) used in whole or in part by the Government for manufacture, or (c) used by a party other than the Government, except for: (i) emergency repair or overhau work only, by or for the Government, where the item or process concerned is not otherwise reasonably available to enable timely performance of the work; Provided that the release or disclosure hereof outside the Government shall be made subject to a prohibition against further use, release, or disclosure; or (ii) release to a foreign government, as the interest of the United States may require, only for information or evaluation within such government or for emergency repair or overhaul work by or for such goverment under the conditions of (1) above. The legend shall be marked on any reproduction hereof in whole or in part." |