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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: April 13, 2000

FROM: Barry McVay, CPCM

SUBJECT: Defense FAR Supplement (DFARS); Disclosure of Information

SOURCE: Federal Register, April 13, 2000, Vol. 65, No. 72, page <"A HREF="fedregs/65f19866.htm">19866

AGENCIES: Department of Defense (DOD)

ACTION: Withdrawal of Proposed Rule

SYNOPSIS: DOD is withdrawing a proposed rule that was published October 21, 1999, which would have narrowed the circumstances under which contractors must obtain contracting officer approval for release of unclassified information to the public. DOD is planning to revise DOD Regulation 5200.1-R, Information Security Program, to include the policy pertaining to sensitive information. DOD will reexamine the need for any DFARS amendments on this subject when the revision of DOD Regulation 5200.1-R is complete.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition Regulations Council, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062, 703-602-4245, fax: 703-602-0350. Cite DFARS Case 99-D015 in all correspondence on this withdrawal.

SUPPLEMENTAL INFORMATION: DFARS 252.204-7000, Disclosure of Information, is required to be included in solicitations and contracts "when the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public." The clause requires contractors to obtain approval from the contracting officer prior to release of any unclassified information related to the contract unless "(1) the contracting officer has given prior written approval, or (2) the information is in the public domain before the date of release." This proposed rule would have changed the term "unclassified information" to "unclassified information that may be sensitive and inappropriate for release to the public", and would have added the following as a third exception to the approval requirement: "(3) The information must be disclosed to a subcontractor or prospective subcontractor for performance of its subcontract."

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail TO BarryMcVay@FedGovContracts.com.

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