The Council on Governmental Relations (COGR), representing over 170 major research universities, submitted a detailed response to the Department of Defense’s (DOD) revised proposed rule regarding export-controlled information and technology in the Defense Federal Acquisition Regulation Supplement (DFARS). While COGR welcomed improvements such as the explicit acknowledgment of the fundamental research exemption under National Security Decision Directive 189 and the removal of prescriptive requirements from the original version, it maintained significant concerns. Chief among these were the appropriateness and capability of DOD contracting officers to determine export control applicability, the oversimplification in DFARS’ proposed classification framework, potential misunderstandings about the scope of fundamental research exclusions, and the need for clearer procedures regarding situations involving both fundamental research and controlled technologies. COGR emphasized that universities are often better positioned to apply relevant exclusions or exemptions, and that unnecessary DFARS clauses could create confusion and undue administrative burden.
Additionally, COGR highlighted specific areas where the proposed DFARS clauses require clarification, including the need for precise identification of export-controlled materials, improved mechanisms for resolving disputes between DOD and contractors, contractor rights to challenge determinations and terminate contracts, and a stronger commitment to engage with appropriate export control regulatory agencies. The organization advocated for the removal or substantial revision of certain DFARS clauses for contracts solely involving fundamental research, arguing these controls are neither applicable nor necessary. The letter concluded with an offer to collaborate with DOD on more effective DFARS language and endorsed similar concerns expressed by other major academic associations. Overall, the COGR’s letter reflects the university research community’s desire for more practical, nuanced, and clear regulatory approaches to export control in federally funded research contracts.
