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  • Question

    What is the definition of "contractor's organization? Would this include outside counsel? What is the definition of "unclassified information"? Does this mean you can't release accounting data on a project to the CPA firm doing the audit w/o approval?


    Answer

    Unfortunately the term "Contractor's organization" is not defined in the FAR or DFARS. A company's legal counsel is bound by attorney/client confidentiality so it may be that for purposes of the clause, "contractor's organization" could include outside legal counsel. However, I could not find definitive evidence in the FAR or DFARS to support this, so you should check with your own organization's legal counsel for advice. "Classified information" includes information designated by the agency as either Top Secret, Secret, or Confidential, so unclassified information includes information outside of these categories. The first part of my response regarding the lack of a definition for "Contractor's organization" pertains to the CPA firm as well, although the guarantee of accountant/client confidentiality may not have the same status as it does for legal counsel. Bottom line— consult with your activity's legal counsel on the implications of the clause.

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