DFARS 252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors

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Prescribed in 204.7403(a)
Effective Date:	1 February 2014
Clause or Provision:	Provision
Provision or Clause Number:	S 252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors
Principle Type And/Or Purpose of Contract:
Required:
Applicable:
Optional:
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription (a) Use the provision at 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, that involve litigation support services.
Clause Overview:	Provision LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT SOLICITATION OFFERORS (FEB 2014) (a) Definitions As used in this provision: “Computer software,” “litigation information,”“litigation support,” “sensitive information,” and “technical data,” are defined in the clause at DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors. (b) Limitations on use or disclosure of litigation information Notwithstanding any other provision of this solicitation, by submission of its offer, the Offeror agrees and acknowledges— (1) That all litigation information will be accessed and used for the sole purpose of providing litigation support; (2) That the Offeror will take all precautions necessary to prevent unauthorized disclosure of litigation information; and (3) That litigation information shall not be used by the Offeror to compete against a third party for Government or nongovernment contracts. (c) Indemnification and creation of third party beneficiary rights By submission of its offer, the Offeror 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 who shall have a right of direct action against the Offeror, and against any person to whom the Offeror has released or disclosed such data or software, for the unauthorized duplication, release, or disclosure of such information. (d) Offeror employees By submission of its offer, the Offeror agrees to ensure that its employees are subject to use and nondisclosure obligations consistent with this provision prior to the employees being provided access to or use of any litigation information covered by this provision.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:
Editor:	Marshall

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Personal notes.