Overview
This section outlines the specific responsibilities of a Contracting Officer (CO) to identify and document requirements when a contract involves the design, development, or operation of a "system of records" on individuals under the Privacy Act.
Key Rules
- Mandatory Review: The CO must evaluate contract requirements to determine if the work involves a system of records used to accomplish an agency function.
- SOW/PWS Specification: If the Privacy Act applies, the contract work statement must explicitly identify the specific system of records and the nature of the work (design, development, or operation) being performed.
- Regulatory Disclosure: The CO is required to provide the contractor with the specific agency rules and regulations that implement the Privacy Act.
Practical Implications
- Liability Management: By identifying systems of records early, the CO ensures that contractors are legally notified of their responsibilities, which is critical since contractor employees are subject to the same civil and criminal penalties as government employees under the Privacy Act.
- Clear Documentation: Contracting parties must ensure the Statement of Work is highly specific regarding data handling to avoid ambiguity in compliance requirements and oversight.