DFARS Litigation Support Contractor Disclosure Rule Finalized

The Department of Defense has adopted as final, with changes, the interim rule (¶70,016.788) in DFARS Case 2012-D029, Disclosure to Litigation Support Contractors. The rule added new DFARS Subpart 204.74, contract clauses, and a solicitation provision that expressly authorizes DoD to provide litigation support contractors with access to certain types of non-public information, if the contractors agree to protect the information from any unauthorized disclosure and to not use the information for any purpose other than providing litigation support services to DoD. The rule used a two-prong implementation approach.

Changes

In response to comments, DoD added a paragraph to the DFARS 252.204-7013 solicitation provision and the DFARS 252.204-7014 contract clause clarifying that the offeror/contractor must, at the government’s request, destroy or return all litigation information in its possession upon completion of the authorized litigation support activities. Another change to DFARS 252.204-7014 clarifies that the contractor cannot disclose litigation information to any entity outside the contractor’s organization unless, prior to disclosure, the contracting officer has provided written consent. The final rule also makes additional revisions to DFARS 204.7401, DFARS 204.7402, DFARS 204.7403, DFARS 209.505-4, DFARS 212.301, DFARS 252.204-7013, DFARS 252.204-7014, and DFARS 252.204-7015 consisting of minor definitional changes, conforming changes, and technical clarifications. The effective date of the final rule is May 10, 2016. For the text of the final rule, see ¶70,016.891.