On October 29, 2015, the Department of Defense (DoD) renewed the DFARS deviation implemented in February, which prohibits contracting with entities that require employees or subcontractors to sign internal confidentiality agreements or statements that prohibit, or otherwise restrict, such employee or subcontractor from lawfully reporting waste, fraud, or abuse.
Defense contractors should review their policies to ensure they meet the requirements of these new clauses.
Defense contractors and government contracts attorneys already may have noticed the deviation in solicitations issued since February. The DoD memorandum instructs defense agencies to continue including two DFARS clauses in all future solicitations, including solicitations for the acquisition of commercial items under FAR Part 12.
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