§ 129d. Disclosure to litigation support contractors

• (a) An officer or employee of the Department of Defense may disclose sensitive information to a litigation support contractor if—
  • (1) the disclosure is for the sole purpose of providing litigation support to the Government in the form of administrative, technical, or professional services during or in anticipation of litigation; and
  • (2) under a contract with the Government, the litigation support contractor agrees to and acknowledges—
    • (A) that sensitive information furnished will be accessed and used only for the purposes stated in the relevant contract;
    • (B) that the contractor will take all precautions necessary to prevent disclosure of the sensitive information provided to the contractor;
    • (C) that such sensitive information provided to the contractor under the authority of this section shall not be used by the contractor to compete against a third party for Government or non-Government contracts; and
    • (D) that the violation of subparagraph (A), (B), or (C) is a basis for the Government to terminate the litigation support contract of the contractor.
• (b) In this section:
  • (1) The term “litigation support contractor” means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation support.
  • (2) The term “sensitive information” means confidential commercial, financial, or proprietary information, technical data, or other privileged information.