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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 | 2 min read | 07.24.26

GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late

GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards....