(2) Systems of records to which the Privacy Act does not apply include—
- (i) Records maintained by a contractor on individuals employed by the contractor on its own behalf for the purpose of providing supplies and services to the Federal Government; and
(ii) Records that—
- (A) Are maintained under contracts with educational institutions to provide training;
- (B) Are generated on students working under the contract relative to their attendance (admission forms, grade reports, etc.);
- (C) Are similar to those maintained on other students; and
- (D) Are commingled with their records on other students.