Defense Federal Acquisition Regulation Supplement; Disclosure of Information

A. Background

This proposed rule adds a new subpart to the DFARS and revises the existing clause at DFARS 252.204-7000 to narrow the circumstances under which contractors must obtain contracting officer approval for release of unclassified information outside the contractor's organization. The clause at DFARS 252.204-7000 presently requires contractors to obtain approval from the contracting officer prior to release of any unclassified information related to the contract. This rule proposes amendments to the clause to limit the applicability of the approval requirement to unclassified information that may be sensitive and inappropriate for release to the public. In addition, the rule adds a third exception to the approval requirement, to exclude from the requirement information that must be disclosed to a subcontractor or prospective subcontractor for performance of its subcontract. The rule also moves the clause prescription from its present location at DFARS 204.404-70 to a new subpart at DFARS 204.7X, and adds guidance to the contracting officer related to processing contractor requests for release of information.

B. Regulatory Flexibility Act

The proposed rule is not expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule pertains only to the administrative procedures for submission and approval of contractor requests for release of information to the public. Therefore, an initial regulatory flexibility analysis has not been performed. Comments are invited from small businesses and other interested parties. Comments from small entities concerning the affected DFARS subparts also will be considered in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 99-D015 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 204 and 252

Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Parts 204 and 252 are proposed to be amended as follows: 1. The authority citation for 48 CFR Parts 204 and 252 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

204.404-70 [Amended]

2. Section 204.404-70 is amended by removing paragraph (a) and redesignating paragraphs (b) and (c) as paragraphs (a) and (b), respectively. 3. Subpart 204.7X is added to read as follows:

Subpart 204.7X--Safeguarding Sensitive Information

Sec. 204.7X01 Disclosure of information. 204.7X02 Contract clause.

204.7X01 Disclosure of information.

If a contractor submits a request for approval to release information in accordance with the clause at 252.204-7000, Disclosure of Information-- (a) Obtain a decision from the appropriate authority regarding the suitability of the information for release in accordance with agency procedures; and (b) Notify the contractor of approval or disapproval for release of the information within 45 days of receipt of the contractor's request.

204.7X02 Contract clause.

(a) Use the clause at 252.204-7000, Disclosure of Information, in solicitations and contracts when-- (1) The contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public; and (2) The solicitation or contract does not include the clause at FAR 52.204-2, Security Requirements. (b) Use of the clause at 252.204-7000 does not eliminate the requirements for use of the clauses at FAR 52.224-1, Privacy Act Notification, and FAR 52.244-2, Privacy Act, in accordance with the prescriptions at FAR 24.104.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

4. Section 252.204-7000 is revised to read as follows:

252.204-7000 Disclosure of information.

As prescribed in 204.7X02, use the following clause:

Disclosure of Information (XXX 1999)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information that may be sensitive and inappropriate for release to the public, regardless of medium (e.g., film, tape, paper, electronic), that is generated under the contract or to which the Contractor has been given access under the contract, unless-- (1) The Contracting Officer has given prior written approval; (2) The information is otherwise in the public domain before the date of release; or (3) The information must be disclosed to a subcontractor or prospective subcontractor for performance of its subcontract. (b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its requests to the Contracting Officer at least 45 days before the proposed release date. (c) The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(End of clause)

252.204-7003 [Amended]

5. Section 252.204-7003 is amended in the introductory text by removing the reference ``204.404-70(b)'' and adding in its place the reference ``204.404-70(a)''.

252.204-7005 [Amended]

6. Section 252.204-7005 is amended in the introductory text by removing the reference ``204.404-70(c)'' and adding in its place the reference ``204.404-70(b)''.

[FR Doc. 99-27277 Filed 10-20-99; 8:45 am] BILLING CODE 5000-04-M