It is the purpose of the University and DOE to keep each other informed concerning the work under this contract, and generally in the field of energy consistent with security requirements. To this end the parties agree as follows:
(a) To the extent it deems it to be of interest to the University, DOE shall keep the University generally informed concerning the progress of the overall energy program administered by DOE and with respect to specific activities of particular interest to the University consistent with security requirements.
(b) (1) The University shall keep DOE informed concerning the program carried on under this contract, and with respect to such other activities of the University in the fields of energy and nuclear science as it deems to be of interest to DOE.
The University will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. [[section]] 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.
(a) The University agrees tos
(ii) The design, development, or operation work that the contractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and
(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the University is considered to be an employee of the agency.
(c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
Pursuant to Article XI, Clause 3, "Privacy Act," of this contract, the following systems of records operated by the University are within the purview of that clause:
(a) Firearms Qualification Records (DOE-31)
(b) Personnel Radiation Exposure Records (DOE-35)
(c) Employee and Visitor Access Control Records (DOE-51)
(d) Occupational and Industrial Accident Records (DOE-38)
(e) Personnel Assurance Program Records (DOE-50)
(f) Personnel Medical Records s DOE Employees or Employees of Other Contractors (DOE-33)
(g) Self-Contained Breathing Apparatus Acceptability on DOE Employees (DOE-33)
(h) Employee Assistance Program Records of DOE Employees (DOE-34)
(i) Physical Fitness Test Records s Includes only LANL Security and Safeguards Department records on security inspectors and guards certification for DOE physical fitness standards. (DOE-77)
The following agreement is entered into pursuant to Article VII, Clause 4 (d), "Accounts, Records and Inspection s Disposition of Records," of this contract:
(a) Government records. Records that are owned by the government pursuant to the provisions of this contract shall be disposed of by the University in accordance with the direction of the Contracting Officer. Such disposition instructions will in no way limit the right of the University to make copies of such records it deems necessary.
(b) University records. Records that are owned by the University in accordance with Article VI, Clause 10, "Contract Records," of this contract, shall be disposed of in accordance with the University's records retention policies.
(c) Costs of storage and retention. The cost of storage and disposition of all records and copies shall be borne by the government and compensated through the method of payment described in Article VII, Clause 3, "Payments and Advances," of this contract, both before and after termination until the time specified in paragraph (d) of this clause.
(d) Applicable schedules for disposal. Notwithstanding any other provision of this contract, all records and copies in the possession of the University relating to this contract shall be preserved by the University until the later of (i) the University institutional records disposal schedule (for University records), (ii) the DOE disposal schedule (for government records), or (iii) October 1, 2002, except as may be agreed upon by the Government and the University.
(e) Claims requiring access to records which have been disposed. The University reserves the right to assert a defense against any claim by the Government the defense of which is premised upon any record properly disposed of in accordance with this clause.
Go to Article XII
Return to Contract 98 Table of Contents