Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Rules and Regulations 11341 

in support of the Government during or in 

anticipation of litigation. 

Litigation support contractor means a 

contractor (including an expert or technical 

consultant) providing litigation support 

under a contract with the Department of 

Defense that contains this clause. 

Sensitive information means confidential 

information of a commercial, financial, 

proprietary, or privileged nature. The term 

includes technical data and computer 

software, but does not include information 

that is lawfully, publicly available without 

restriction. 

Technical data means recorded 

information, regardless of the form or method 

of the recording, of a scientific or technical 

nature (including computer software 

documentation). The term does not include 

computer software or data incidental to 

contract administration, such as financial 

and/or management information. 

(b) Limitations on use or disclosure of 

litigation information. Notwithstanding any 

other provision of this contract, the 

Contractor agrees and acknowledges— 

(1) That all litigation information will be 

accessed and used for the sole purpose of 

providing litigation support; 

(2) That the Contractor will take all 

precautions necessary to prevent 

unauthorized disclosure of litigation 

information; 

(3) That litigation information shall not be 

used by the Contractor to compete against a 

third party for Government or 

nongovernment contracts; and 

(4) That violation of paragraph (b)(1), 

(b)(2), or (b)(3), of this section, is a basis for 

the Government to terminate this contract. 

(c) Indemnification and creation of third 

party beneficiary rights. The Contractor 

agrees— 

(1) To indemnify and hold harmless the 

Government, its agents, and employees from 

any claim or liability, including attorneys’ 

fees, court costs, and expenses, arising out of, 

or in any way related to, the misuse or 

unauthorized modification, reproduction, 

release, performance, display, or disclosure 

of any litigation information; and 

(2) That any third party holding 

proprietary rights or any other legally 

protectable interest in any litigation 

information, in addition to any other rights 

it may have, is a third party beneficiary 

under this contract who shall have a right of 

direct action against the Contractor, and 

against any person to whom the Contractor 

has released or disclosed such data or 

software, for the unauthorized duplication, 

release, or disclosure of such information. 

(d) Contractor employees. The Contractor 

shall ensure that its employees are subject to 

use and nondisclosure obligations consistent 

with this clause prior to the employees being 

provided access to or use of any litigation 

information covered by this clause. 

(e) Flowdown. Include the substance of this 

clause, including this paragraph (e), in all 

subcontracts, including subcontracts for 

commercial items. 

(End of clause) 

■ 11. Add section 252.204–7015 to read 

as follows: 

252.204–7015 Disclosure of Information to 

Litigation Support Contractors. 

As prescribed in 204.7403(c), use the 

following clause: 

DISCLOSURE OF INFORMATION TO 

LITIGATION SUPPORT 

CONTRACTORS (FEB 2014) 

(a) Definitions. As used in this clause: 

Litigation support means administrative, 

technical, or professional services provided 

in support of the Government during or in 

anticipation of litigation. 

Litigation support contractor means a 

contractor (including an expert or technical 

consultant) providing litigation support 

under a contract with the Department of 

Defense that contains this clause. 

Sensitive information means confidential 

information of a commercial, financial, 

proprietary, or privileged nature. The term 

includes technical data and computer 

software, but does not include information 

that is lawfully, publicly available without 

restriction. 

(b) Authorized disclosure. Notwithstanding 

any other provision of this solicitation or 

contract, the Government may disclose to a 

litigation support contractor, for the sole 

purpose of litigation support activities, any 

information, including sensitive information, 

received— 

(1) Within or in connection with a 

quotation or offer; or 

(2) In the performance of or in connection 

with a contract. 

(c) Flowdown. Include the substance of this 

clause, including this paragraph (c), in all 

subcontracts, including subcontracts for 

commercial items. 

(End of clause) 

252.227–7013 [Amended] 

■ 12. Amend section 252.227–7013 by— 

■ a. Removing the clause date (JUN 

2013) and adding in its place (FEB 

2014); and 

■ b. In paragraph (a)(5), removing the 

phrase ‘‘Covered Government support 

contractor means a contractor’’ and 

adding in its place ‘‘Covered 

Government support contractor means a 

contractor (other than a litigation 

support contractor covered by 252.204– 

7014)’’. 

252.227–7014 [Amended] 

■ 13. Amend section 252.227–7014 by— 

■ a. Removing the clause date (MAY 

2013) and adding in its place (FEB 

2014); and 

■ b. In paragraph (a)(6), removing the 

phrase ‘‘Covered Government support 

contractor means a contractor’’ and 

adding in its place ‘‘Covered 

Government support contractor means a 

contractor (other than a litigation 

support contractor covered by 252.204– 

7014)’’. 

252.227–7015 [Amended] 

■ 14. Amend section 252.227–7015 by— 

■ a. Removing the clause date (JUN 

2013) and adding in its place (FEB 

2014); and 

■ b. In paragraph (a)(2), removing the 

phrase ‘‘Covered Government support 

contractor means a contractor’’ and 

adding in its place ‘‘Covered 

Government support contractor means a 

contractor (other than a litigation 

support contractor covered by 252.204– 

7014)’’. 

252.227–7018 [Amended] 

■ 15. Amend section 252.227–7018 by— 

■ a. Removing the clause date (MAY 

2013) and adding in its place (FEB 

2014); and 

■ b. In paragraph (a)(6), removing the 

phrase ‘‘Covered Government support 

contractor means a contractor’’ and 

adding in its place ‘‘Covered 

Government support contractor means a 

contractor (other than a litigation 

support contractor covered by 252.204– 

7014)’’. 

[FR Doc. 2014–04159 Filed 2–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 225, and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective February 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6088; facsimile 

571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Correct 204.1105 and 252.204–7004 

to conform to the FAR by changing 

‘‘clause’’ to ‘‘provision’’. 

2. Correct a cross reference at 

204.7103–1(d). 

3. Redesignate 225.004 as 225.070 and 

revise the text. 


emcdonald on DSK67QTVN1PROD with RULES
11342 Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Rules and Regulations 

4. Correct 252.225–7029 clause title in 

the eCFR. 

List of Subjects in 48 CFR Parts 204, 

225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 204, 225, and 

252 is amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 225, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

204.1105 [Amended] 

■ 2. Section 204.1105 is amended by 

removing the word ‘‘clause’’ and adding 

the word ‘‘provision’’ in its place. 

204.7103–1 [Amended] 

■ 3. Section 204.7103–1 is amended, in 

paragraph (d), by removing ‘‘See 

204.7105(a).’’ and adding ‘‘See 

204.7105.’’ in its place. 

PART 225—AMENDED 

225.004 [Redesignated as 225.070] 

■ 4. Section 225.004 is redesignated as 

225.070 and revised to read as follows: 

225.070 Reporting of acquisition of end 

products manufactured outside the United 

States. 

Follow the procedures at PGI 225.070 

for entering the data on the acquisition 

of end products manufactured outside 

the United States. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.204–7004 [Amended] 

■ 5. Section 252.225–7004 is amended 

by— 

■ a. Removing the clause date ‘‘(MAY 

2013)’’ and adding ‘‘(FEB 2014)’’ in its 

place. 

■ b. Removing, in paragraph (a), the 

word ‘‘clause’’ and adding the word 

‘‘provision’’ in its place. 

252.225–7029 [Amended] 

■ 6. Section 252.225–7029 clause title is 

amended by removing the word ‘‘the’’ in 

two places. 

[FR Doc. 2014–04160 Filed 2–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 206, 212, 225, and 252 

RIN 0750–AH98 

Defense Federal Acquisition 

Regulation Supplement: Acquisitions 

in Support of Operations in 

Afghanistan (DFARS Case 2013–D009) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

with changes, an interim rule amending 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement two sections of the National 

Defense Authorization Act for Fiscal 

Year 2013 that require compliance with 

domestic source restrictions in the case 

of any textile components supplied by 

DoD to the Afghan National Army or the 

Afghan National Police for purposes of 

production of uniforms, and eliminate 

the application of the enhanced 

authority to acquire products and 

services from Iraq. 

DATES: Effective February 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule to 

implement sections 826 and 842 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2013 (Pub. 

L. 112–239). 

Section 826 requires compliance with 

10 U.S.C. 2533a (the Berry Amendment) 

in the case of any textile components 

supplied by DoD to the Afghan National 

Army or the Afghan National Police for 

purposes of production of uniforms. The 

law further states that no exception or 

exemptions under that section shall 

apply. 

Section 842 modifies section 886 of 

the NDAA for FY 2008 (Pub. L. 110– 

181), which provided enhanced 

authority to acquire products and 

services from Iraq and Afghanistan in 

support of operations in Iraq or 

Afghanistan. Section 842 eliminates 

application of the enhanced authority to 

acquisition of products and services 

from Iraq. 

One respondent submitted a public 

comment in response to the interim 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comment in 

the development of the final rule. A 

discussion of the comment is provided 

below. No changes are made to the final 

based on this comment, however, one 

change is being made to correct the 

electronic Code of Federal Regulations. 

A. Analysis of Public Comment 

Comment: The respondent stated that 

under the interim rule, DFARS 

225.7703–4(f) and (g) state that certain 

provisions and clauses prescribed in 

DFARS subpart 225.11 should not be 

used when certain provisions and 

clauses prescribed in 225.7703–4 are 

included. The respondent asserts that 

the prescriptions for the affected 

provisions and clauses in DFARS 

subpart 225.11 should contain these 

exceptions, but do not. 

Response: Paragraphs (f) and (g) of 

DFARS 225.7703–4 were not added by 

the interim rule but were just 

redesignated from prior paragraphs (e) 

and (f). The prescriptions for the 

provisions and clauses addressed in 

225.7703–4(f) and (g) do contain the 

appropriate exceptions, which are 

summarized below. 

• 252.225–7000 is prescribed at 

225.1101(1) for use only when the 

clause at 252.225–7001 is used. 

• 252.225–7001 is prescribed at 

225.1101(2). Paragraph (i)(C) of the 

prescription provides an exception if all 

line items will be acquired using a 

procedure specified in 225.7703–1(a). 

Use of the procedures at 225.7703–1(a) 

requires use of provisions and clauses 

252.225–7023, 252.225–7024, or 

252.225–7024. 

• 252.225–7002 is prescribed at 

225.1101(3) for use only when 252.225– 

7001, 252.225–7021, or 252.225–7036 

are used. Since an exception is provided 

for the use of 252.225–7001 and 

252.225–7036 when using the 

procedures at 225.7703–1(a), and 

252.225–7021 is not included if 

252.225–7026 is included, these 

exceptions also apply to the use of 

252.225–7002. 

• 252.225–7020 is prescribed at 

225.1101((5) for use only when 

252.225–7021 is used. 

• 252.225–7021 is prescribed for use 

at 225.1101(6). Paragraph (iii)(B) of the 

prescription provides an exception if 

the clause at 252.225–7026 is included 

in the solicitation and contract. 

• 252.225–7035 is prescribed at 

225.1101((9) for use only when 

252.225–7036 is used. 

• 252.225–7036 is prescribed for use 

at 225.1101(10). Paragraph (iii)(C) of the 

prescription provides an exception if 


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