(i) Reproduction, disclosure, Disclosure or use is – Start Printed Page 30240 DoD has added a requirement at 252.227-7025 (b) (5) (iii) making available to the insured state contractor a thirty (30) days during which the holder of the relevant public assistance must notify the contractor of the publication or disclosure of the contractor`s limited rights with respect to the publication or publication of the start-print page 30235. The 30-day delay gives a reasonable period of time for notification. Comment: Two opinions proposed: The obligation, in the NDA, between the contractor and the covered public contractor, to prohibit additional conditions in relation to the conditions set out in the 252.227-7025, without the mutual agreement of the parties, would lead the contractors concerned by the government to sign industrial reference NDAs that most often contain conditions that are not included in the 252.227-7025 to “balance”. and that the restrictions in the clause “are not a legally sufficient document.” The respondents proposed to eliminate the ban by providing a language for additional conditions. The rule does not impose reporting, registration or other information collection requirements. However, the statutes stipulate that the assistance contractor must be ready to sign a confidentiality agreement with the data owner. The rule has implemented this requirement in a way that provides private parties with the greatest possible flexibility in mutual agreement without unnecessary government interference. In order to reduce burdens, the rule allows the data owner to waive the obligation of a confidentiality agreement, since government clauses already deal properly with secrecy. In addition, the rule states that assistance contractors cannot be required to accept conditions that are not prescribed by law.
In the final rule, DoD removed the obligation to provide the contract agent, upon request, with a copy of the confidentiality agreement or waiver. (iv) The contractor enters into a confidentiality agreement with the party whose name appears in the caption, to the extent it requires it, and that such a confidentiality agreement implements the restrictions on the use of such data or software by the contractor, as stated in this clause. The confidentiality agreement does not contain additional conditions, unless the parties to the confidentiality agreement agree; and DoD`s response: a covered public assistance contractor cannot have access to proprietary information in the absence of appropriate legally binding confidentiality obligations. The government contract with an insured state assistance contractor must always include clause 252.227-7025, which imposes legally binding use and confidentiality restrictions on the insured state contractor before accessing protected information. In addition, 252.227-7025 (c) expressly confirms that the owner of the protected information is a third party beneficiary of these obligations of use and confidentiality and that he has a direct means of suing the public contractor concerned for breach of those obligations.