Department of Defense Publishes Notice of Proposed Rulemaking on Disclosure of Computer and Source Code to Foreign Entities

Covington – The Department of Defense (DoD) published a Notice of Proposed Rulemaking (Proposed Rule) entitled “Defense Federal Acquisition Regulation Supplement: Disclosure of Information Regarding Foreign Obligations.” The Proposed Rule would impose new disclosure obligations on “Offeror[s]” (pre-award) and “Contractor[s]” (post-award) that are triggered in certain circumstances by review or by an obligation to allow review of their source or computer code either by a foreign government or a foreign person.