The first section of FAR 52.224-02 Privacy Act states the following:

"(a) The Contractor agrees to*
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies*
(i) The systems of records; and
(ii) The design, development, or operation work that the contractor is to perform"

Acknowledging institutional compliance policies and practices required by law, has anyone had experience with "the agency rules and regulations" thereof when this clause is included in flow-down, specifically where the prime sponsor is a federal agency?  Our interpretation of this clause is that, if applicable, we are subject to agency implementation policies, procedures, etc in addition to institutional practices.  How does this affect your contracts?  How are the agency rules and regs managed?

Example: A DoD agency of the intelligence community has incorporated this FAR clause and provided a ~40 page agency implementation document, presumably with which we must comply.

We've never considered this FAR clause as "one of the bad ones" and suspect that it appears quite often in flow-down....should we?

Thanks for your input.

Jeff Richardson
Office of Research Administration & Advancement
University of Maryland
3112 Lee Building
College Park, MD 20742
Ph: (301) 405-6178
Fax: (301) 314-9569

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