FAR and DFARS › DFARS Part 204: Administrative and Information Matters › Subpart 204.74
DFARS 204.7402 Policy.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section sets DoD policy for releasing litigation information, including sensitive information, to litigation support contractors. It says such releases must comply with 10 U.S.C. 129d, and that DoD will generally notify offerors or contractors that their information may be shared with litigation support contractors. It also clarifies that publicly available information is not protected as litigation information, and that contracting officers must include other applicable safeguarding requirements in the contract.
Applies to: DoD contracting officers and contractors or offerors providing information to DoD
What it requires
- Any release or disclosure of litigation information that includes sensitive information to a litigation support contractor, and that contractor's use and handling of it, must comply with 10 U.S.C. 129d.
- When sharing sensitive information with a litigation support contractor, contracting officers must ensure all other applicable handling and safeguarding requirements for that type of sensitive information are included in the contract.
Key terms: litigation information · sensitive information · litigation support contractor · 10 U.S.C. 129d · publicly available
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) Any release or disclosure of litigation information that includes sensitive information to a litigation support contractor, and the litigation support contractor's use and handling of such information, shall comply with the requirements of 10 U.S.C. 129d.
(b) To the maximum extent practicable, DoD will provide notice to an offeror or contractor submitting, delivering, or otherwise providing information to DoD in connection with an offer or performance of a contract that such information may be released or disclosed to litigation support contractors.
(c) Information that is publicly available without restriction, including publicly available solicitations for litigation support services, will not be protected from disclosure as litigation information.
(d) When sharing sensitive information with a litigation support contractor, contracting officers shall ensure that all other applicable requirements for handling and safeguarding the relevant types of sensitive information are included in the contract (e.g., FAR subparts 4.4 and 24.1; DFARS subparts 204.4 and 224.1).
← 204.7401 Definitions. · 204.7403 Contract clauses. →
Rule changes for DFARS Part 204
- Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) ↗ · final rule 2025-09-10 · effective 2025-11-10
- Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074) ↗ · final rule 2024-11-15 · effective 2024-11-25
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-09-26 · effective 2024-10-01
- Defense Federal Acquisition Regulation Supplement: Data Universal Numbering System to Unique Entity Identifier Transition (DFARS Case 2022-D023) ↗ · final rule 2024-09-26 · effective 2024-10-01
- Defense Federal Acquisition Regulation Supplement: Modification of Notification of Intent To Transport Supplies by Sea (DFARS Case 2020-D026) ↗ · final rule 2024-09-26 · effective 2024-10-01
- Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) ↗ · proposed 2024-08-15 · comments due 2024-10-15
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-07-29 · effective 2024-07-29
- Defense Federal Acquisition Regulation Supplement: Modification of Notification of Intent To Transport Supplies by Sea (DFARS Case 2020-D026) ↗ · proposed 2024-03-26 · comments due 2024-05-28
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.