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Page 16 of 20 <br /> implementing guidance set forth in "Documentation of Private Enterprise <br /> • <br /> Participation Required for Sections 3 and 9 Programs <br /> Section 28. Privacy Act. -The Contractor shall comply with the <br /> Privacy Act of 1974, 5 U.S.C. Section 552a and regulations thereunder, when <br /> performance under the Project involves design, development, or operation of <br /> any system of records on individuals to be operated by the Contractor or its <br /> third party contractors. <br /> The Contractor agrees to notify the Department when the Contractor or <br /> any of its third party contractors anticipates operating a system of <br /> records on behalf of the Department in order to implement the Project, of <br /> such system contains information about individuals retrievable by the <br /> individual 's name or other identifier assigned to the individual . A system <br /> of records subject to the Act may not be used in the performance of this <br /> agreement until the necessary and applicable approval and publication <br /> requirements have been met. The Contractor, and is third party contractors <br /> agree to correct, maintain, disseminate, and use such records in accordance <br /> with the terms of the Act, and to comply with all applicable terms of the <br /> Act. <br /> The Contractor agrees to include in every solicitation and in every <br /> third party contract when the performance of work under that proposed third <br /> party contract may involve the design, development, or operation of a system <br /> of records on individuals to be operated under that third party contract, a <br /> Privacy Act notification informing the third party contractor that it will be <br /> required to design, develop, or operate a system of records on individuals <br /> subject to the Privacy Act of 1974, 5 U.S.C. Section 552a, and the Federal <br /> agency regulations, and that a violation of the Act may involve the <br /> imposition of criminal penalties. <br />