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New FAR Requirement Forces Contractors to Examine Confidentiality Agreements

Client Alert | 1 min read | 03.03.16

On March 22, the comment period is set to close on a new rule proposed by the FAR Council that will prohibit federal dollars from going to companies that require employees or subcontractors to sign restrictive confidentiality agreements that could limit the ability of employees to report suspected fraud and abuse to the government. In a "Feature Comment" published in The Government Contractor, C&M attorneys explore the risks contractors face in light of the rule, which comes at a time of increased scrutiny from government agencies on the use of internal confidentiality agreements.

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Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...