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DoD Prohibits FY17 Funds for Contractors with Restrictive Confidentiality Agreements

Client Alert | less than 1 min read | 11.21.16

On November 14, 2016, DoD issued a class deviation prohibiting its agencies from awarding FY17 funds to companies that require employees or subcontractors to sign internal confidentiality agreements or statements that restrict them from lawfully reporting waste, fraud, or abuse. As described here, there has been increased scrutiny by government agencies in recent years of the use of internal confidentiality agreements, and a FAR final rule on the subject is expected in the near future.

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Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....