The Council on Governmental Relations (COGR), representing research-intensive universities, submitted a detailed response to the U.S. Department of Defense (DOD) regarding revisions to the Defense Federal Acquisition Regulation Supplement (DFARS) on export-controlled information and technology. While COGR acknowledged significant improvements in the proposed DFARS rule—such as explicit references to NSDD-189, recognition of the fundamental research exclusion from export controls, and the removal of overly prescriptive requirements—they identified persistent concerns. These focused on the conceptual framework for applying the three primary DFARS contract clauses, the clarity and specificity required in identifying export-controlled information or technology, and the role of DOD contracting officers in determining export control applicability, which COGR argued should primarily remain a contractor responsibility. The organization stressed that many DOD personnel may lack the training or expertise to reliably navigate the complexities of export control regulations.
COGR advocated for greater clarity and specificity in the DFARS rules, including the need for DOD to consult regulatory agencies when identifying controlled technologies and to provide detailed classification references (such as ECCNs or Munitions List categories). The council also highlighted issues with the framework’s handling of contracts involving a mixture of fundamental research and other export-controlled activities, and recommended that contractual obligations to register under ITAR should only be imposed when mandated by regulation. Further, COGR urged the establishment of mechanisms for contractors to challenge DOD determinations and the inclusion of a contractor’s right to terminate contracts if restrictive controls are later imposed. Ultimately, while COGR recognized DOD’s responsiveness to previous feedback, they called for further clarification or substantial modification of the rule, and endorsed parallel comments from other major academic associations to ensure fair, effective, and clear implementation of export control requirements in federal research contracts.
