"Trade Secrets Act"

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Applying FOIA exemptions to contractor information in FAPIIS

By Brian Waagner on January 4, 2012

Posted in Compliance, Freedom of Information Act, Past Performance, Trade Secrets

Since the Federal Awardee Performance and Integrity Information System opened to the public on April 15, 2011, contractors have been concerned that their trade secrets and other proprietary information might also become accessible. With good reason—the interim version of FAR 52.209-9 provided for the public availability of all newly submitted information other than “past performance reviews.”

The final rule on public access to FAPIIS specifically addresses the problem. Rather than simply ignoring Freedom of Information Act exemptions entirely as the interim rule did, the final form of FAR 52.209-9 (Jan. 3, 2012) [pdf] includes a mechanism that allows the contractor to identify information covered by a FOIA exemption.

Drawing the line on FAPIIS

By Brian Waagner on May 31, 2011

Posted in Compliance, Contract Administration, Freedom of Information Act, Trade Secrets

Efforts to increase transparency in federal contracting are well underway. But it’s still not clear exactly how much contractor information will be made public under the new rules, or how they will be interpreted in light of existing laws. We know that FAPIIS is now online and accessible to the public, for example, but that…

Corporations can’t cite “personal privacy” to avoid public disclosure under FOIA

By Brian Waagner on March 1, 2011

Posted in Freedom of Information Act, Trade Secrets

The Supreme Court’s 8-0 decision in Federal Communications Commission v. AT&T, Inc., No. 09-1279 (Mar. 1, 2011) [pdf], closes the door on corporate use of the personal privacy provision in FOIA Exemption 7(C).

Measuring damages for government theft of contractor trade secrets

By Brian Waagner on February 21, 2011

Posted in Claims and Disputes, Intellectual Property, Litigation, Trade Secrets

It’s a worst-case scenario for many government contractors. Despite using strict confidentiality agreements and bold restrictive legends, the government releases a valuable trade secret to the public. The Trade Secrets Act may result in criminal consequences for the offending individuals, but the more pressing question for the contractor is how to recoup the loss of a valuable asset. The recent decision in Spectrum Sciences and Software, Inc. v. United States, No. 04-1366C (Fed. Cl. Feb. 14, 2011) [pdf], offers some guidance.

The Contractor's Perspective