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DOD/DARC RIN: 0750-AL36 Publication ID: Spring 2022 
Title: Prohibition on Award to Contractors That Require Certain Nondisclosure Agreements (DFARS Case 2021-D018) 

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 883 of the National Defense Authorization Act for Fiscal Year 2021. Section 883 prohibits award of a contract to a contractor unless the contractor represents that it: (1) Does not require its employees to sign confidentiality agreements or statements that would prohibit or restrict their employees from lawfully reporting waste, fraud, or abuse related to DoD contract performance to a designated authorized DoD investigative or law enforcement representative; and (2) Will inform its employees of the limitations on confidentiality agreements and other statements.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 203    48 CFR 252   
Legal Authority: 41 U.S.C. 1303    Pub. L. 116-283, sec. 883   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Johnson
Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6100