What FAR Part 24 - Protection of Privacy and Freedom of Information (Privacy Act of 1974, FOIA, Privacy Training, System of Records Operation) requires
Federal Acquisition Regulation (FAR) Part 24 implements two foundational information-rights statutes within federal procurement. Subpart 24.1 applies the Privacy Act of 1974 (5 USC 552a) and OMB Circular A-130 to contractors that design, develop, or operate a system of records on behalf of an agency to accomplish an agency function; contractors and their employees are 'considered employees of the agency for purposes of the criminal penalties' under FAR 24.102, meaning Privacy Act criminal sanctions (knowing and wilful unauthorised disclosure under 5 USC 552a(i)) apply to contractor personnel. Section 24.103 requires contracting officers to identify Privacy Act systems in the work statement, provide the agency's Privacy Act rules of conduct, and ensure the prescribed clauses are inserted. Section 24.104 prescribes clause 52.224-1 (Privacy Act Notification - in solicitations) and 52.224-2 (Privacy Act - in contracts) where contractor operation of a system of records is involved. Subpart 24.2 governs Freedom of Information Act (FOIA, 5 USC 552) interactions with procurement: competitive proposals are not disclosable under FOIA except when incorporated into the resulting contract; information obtained under FAR 15.403-3(b) is exempt; alternative dispute resolution communications are protected under 5 USC 574. Subpart 24.3 (Privacy Training) requires the contractor to provide initial and annual privacy training to any contractor employee who has access to a system of records, handles personally identifiable information, designs, develops, maintains, or operates a system of records, or has access to PII; clause 52.224-3 (Privacy Training, with Alternate I where agency-provided training is required) is prescribed. Training content must address Privacy Act provisions and penalties, appropriate handling and safeguarding practices, authorised use, prohibition on unauthorised disclosure, and breach response procedures per OMB breach response guidance.
Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (DOD, GSA, NASA) issuing the Federal Acquisition Regulation under 41 USC 1303 and 48 CFR Chapter 1; Office of Management and Budget Circular A-130 (Managing Information as a Strategic Resource); Office of Government Information Services (OGIS) under the National Archives administering FOIA; Department of Justice Office of Information Policy issuing FOIA guidance under 5 USC 552 · Version: 1.0.0 · Last updated:
Primary source: https://www.acquisition.gov/far/part-24
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Primary Citations — 7 traced to source
- FAR Part 24 Section 24.102(c) (Criminal penalty extension): 'Contractors and their employees who are involved with the design, development, or operation of a Privacy Act system of records on behalf of the agency, or have access to records, are considered employees of the agency for purposes of the criminal penalties under section 552a(i).' Section 552a(i) of the Privacy Act establishes misdemeanour penalties for knowing and wilful unauthorised disclosure or maintenance of records, including a fine up to USD 5,000.
- FAR Part 24 Section 24.103 (Contracting officer procedures): 'When the design, development, or operation of a system of records on individuals is required to accomplish an agency function, the contracting officer shall - (a)(1) Apply the requirements of the Privacy Act of 1974 and OMB Circular A-130 to the contract; and (2) Include the appropriate Privacy Act clauses in the contract.' Section 24.103(b) requires identification of the systems in the work statement and provision of agency rules of conduct.
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