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New FAR Requirement Forces Contractors to Examine Confidentiality Agreements

Client Alert | less than 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 | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....