(A) The Government informs the party granting limited rights that certain contractors or subcontractors have been released or disclosed; (D) Any such confidentiality agreement must address the restrictions imposed by the public assistance contractor concerned on the use of the limited rights data in Term 252.227-7025, restrictions on the use or disclosure of government-established information, characterized by restrictive captions. The confidentiality agreement does not contain additional conditions, unless the parties to the confidentiality agreement agree. Historically, the statutory system has included only two categorical exceptions to the basic confidentiality requirements of this private data: comment: Two opinions suggested that the requirement that, in the NDA, between the contractor and the covered state contractor, prohibit additional conditions from the conditions provided for at 252.227-7025 would have the effect of prohibiting it , without the mutual agreement of the parties. that contractors covered by the government would be „marked“ when industrial standards were signed. 252.227-7025 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. (c) the required use and confidentiality agreement is: b) technical data or computer software made available to the contractor as information provided by the government pursuant to this contract may be subject to restrictions on use, modification, reproduction, disclosure, disclosure, delivery, posting or other disclosure. DoD`s response: The Use and Confidentiality Agreement at 227.7103-7 is an agreement between the government and a private party and is used only if the information is transmitted to the private party outside of a contract containing clause 252.227-7025. If the receiving party is a covered state operator, the provision contract must, by definition, contain the clause in point 252.227-7025 – otherwise, the host contractor cannot be considered a covered state contractor and would not be allowed to receive proprietary information for the performance of that contract. In these cases, clause 252.227-7025 is already applicable and the NDA at 227.7103-7 is not applicable.

In addition, NDA 227.7103-7 would be insufficient because it would not contravene the specific restrictions imposed on government-covered state aid companies, since these restrictions are fully implemented in clause 252.227-7025, which must be included in the contract in order for the recipient to receive the information as a covered public assistance company.

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