Overview
This section mandates the inclusion of specific privacy and security safeguard requirements in federal solicitations and contracts involving information technology (IT) systems or services. It ensures that contractors adhere to necessary protections when handling sensitive information or managing systems of records.
Key Rules
- Mandatory Clause: Contracting officers must insert FAR clause 52.239-1, "Privacy or Security Safeguards," or a substantially similar version.
- Security Requirement Trigger: The clause is required for IT acquisitions that specifically necessitate IT security measures.
- System of Records Trigger: The clause must be included if the contract involves the design, development, or operation of a system of records (subject to the Privacy Act).
- Service Scope: Applies to both commercial IT services and general IT support services.
Practical Implications
- Contractors must be prepared to implement and maintain rigorous security protocols and privacy protections as a formal condition of contract performance.
- Legal and operational risks increase for firms managing federal data, as they are contractually bound to safeguard the integrity and confidentiality of government information systems.