View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOD/DARC RIN: 0750-AK58 Publication ID: Fall 2019 
Title: Repeal of DFARS Provision and Clause Related to Disclosure of Information for Litigation Support (DFARS Case 2019-D021) 

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to repeal the provision at DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Offerors, and the clause at DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support. DoD has the authority to provide certain types of non-public information to litigation support contractors performing under DoD contracts in accordance with 10 U.S.C. 129d. When soliciting for litigation support services, this provision serves as an offeror’s agreement to comply with and acknowledgement of the terms of 10 USC 129d. The requirements of the statute apply to DoD and litigation support contractors; therefore, the provision is not necessary to solicit for proposals for litigation support services. The clause notifies contractors that DoD may disclose to DoD litigation support contractors the information received within or in connection to the quote or offer. In accordance with 10 U.S.C. 129d, DoD implemented DFARS clause 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Offerors, which is required for use in all litigation support contracts and prevents the disclosure or misuse of any information provided to litigation support contractors. This additional notification is unnecessary to comply with the statute. The repeal of this DFARS provision and clause supports a recommendation from the DoD Regulatory Reform Task Force.


Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 48 CFR 204    48 CFR 252   
Legal Authority: 41 U.S.C. 1303   
Legal Deadline:  None
Action Date FR Cite
Final Action  11/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115