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DOD/DARC

RIN: 0750-AG95

Publication ID: Fall 2011

Title: Government Support Contractor Access to Technical Data (DFARS Case 2009-D031)
Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 821 of the National Defense Authorization Act for Fiscal Year 2010. Section 821 provides authority for certain types of Government support contractors to have access to proprietary technical data belonging to prime contractors and other third parties, provided that the technical data owner may require the support contractor to execute a non-disclosure agreement having certain restrictions and remedies. Additionally, this rule amends the DFARS to provide needed editorial changes. The rule implements a new third statutory exception to the prohibition on release of privately developed data outside the Government, allowing a covered Government support contractor access to, and use of, any technical data delivered under a contract for the sole purpose of furnishing independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of the program or effort to which such technical data relates. The rule also provides a definition of "covered Government support contractor" as contractor under a contract, whose primary purpose is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort . A "covered Government support contractor" must meet certain criteria identified in the rule and provide certain assurances to the Government to protect the proprietary and nonpublic nature of the technical data furnished to the covered Government support contractor, to include signing a non-disclosure agreement. The rule affects small businesses that are Government support contractors that need access to proprietary technical data belonging to prime contractors and other third parties. There are no known significant alternatives to the rule that would meet the requirements of the statute and minimize any significant economic impact of the rule on small entities. The impact of this rule on small business is not expected to be significant because the execution of a non-disclosure agreement is not likely to have a significant cost or administrative impact.
Agency: Department of Defense(DOD)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: PL 111-84

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	03/02/2011	76 FR 11363
Interim Final Rule Effective Date	03/02/2011
Interim Final Rule Comment Period End	05/02/2011
Final Action	01/00/2012

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: None
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060 Phone:571 372-6089 Email: ynette.shelkin@osd.mil