DoD Component Responsibility to Ensure Government Contract Compliance with the Privacy Act

DCMO Memo for Secretaries of the Military Departments - Publish Date: 01/28/15

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This memorandum reminds all DoD Components of their responsibility to apply the requirements of The Privacy Act of 1974, Section 552a of Title 5, to government contractors and their employees working on contracts for the design, development, or operation of DoD systems of records.

The Privacy Act of 1974 states, "[w]hen an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of [The Privacy Act of 1974] to be applied to such system." Furthermore, part 24 of the Federal Acquisition Regulation (FAR) prescribes policies and procedures to ensure the requirements of the Privacy Act are applied to government contracts. The FAR also delineates specific privacy clauses contracting officers are required to incorporate into all contracts or solicitations for the design, development, or operation of systems of records. Each DoD component is responsible for implementing the applicable contract rquirements, as required by DoD 5400.11-R, "Department of Defense Privacy Program."

All DoD Component contracting officers, in collaboration with their respective Component Senior Official for Privacy (i.e., DON CIO), must ensure that contracts and solicitations for the design, development, or operation of DoD systems of records comply with the Privacy Act.

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