Overview
FAR 52.239 [Reserved] serves as the subpart heading for the acquisition of information technology, with the subsequent clause 52.239-1 establishing the mandatory security and privacy protocols for contractors handling government data. It ensures that safeguards are kept confidential and that the government maintains oversight of the IT systems used to process its information.
Key Rules
- Non-Disclosure of Safeguards: The contractor is prohibited from publishing or disclosing any details regarding security safeguards—whether developed by the contractor or provided by the government—without prior written consent from the Contracting Officer.
- Government Access Rights: To ensure the security and integrity of government data, the contractor must provide the government access to its facilities, installations, operations, documentation, and databases for inspections.
- Mandatory Threat Reporting: There is a mutual obligation for both the government and the contractor to immediately notify the other party if new threats are discovered or if existing security measures fail to function.
Practical Implications
- Contractors must implement internal controls to prevent the unauthorized leak of system architecture or security protocols, as these are considered sensitive information.
- The clause grants the government broad "right-to-audit" authority over a contractor’s physical and digital infrastructure to verify compliance with cybersecurity standards.