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CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour...

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more

Cybersecurity Updates: NIST Publishes SP 800-171 Revision 3. What Changed, and What Comes Next?

In May 2024, the National Institute of Standards and Technology (NIST) published Special Publication 800-171 Rev 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, and the accompanying...more

Not So Fast, NIST: DOD Issues Class Deviation to Retake Control Over What Cybersecurity Requirements Apply to its Contracts

WHAT: On May 2, 2024, the U.S. Department of Defense (DOD) issued a Defense Federal Acquisition Regulation Supplement (DFARS) class deviation related to the cybersecurity standards required for covered contractor information...more

What Does CISA’s Secure Software Development Form Mean for Contractors?

WHAT: The U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) published the final version of its Secure Software Development Attestation Common Form (Common Form) and announced...more

Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification [Audio]

In this episode, Wiley partners Gary Ward, Tracye Howard, and Craig Smith examine the ongoing developments related to implementation of the Cybersecurity Maturity Model Certification (CMMC) program. They discuss the current...more

DOD Publishes Video Overview of CMMC Program and Logistics

WHAT: On February 16, 2024, the U.S. Department of Defense (DOD) posted a 40-minute video overview of DOD’s proposed requirements for the Cybersecurity Maturity Model Certification (CMMC) program. The video is available here,...more

UPDATE: DOD Proposed Rule Solidifies Plans for CMMC 2.0 Program: Security Requirements, Assessments, Affirmations, and Some...

WHAT: The U.S. Department of Defense (DOD) has issued a proposed rule setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The proposed rule primarily...more

DOD Proposed Rule Solidifies Plans for CMMC 2.0 Program: Security Requirements, Assessments, Affirmations, and Some Flow-Down...

WHAT: The U.S. Department of Defense (DOD) has issued a proposed rule setting forth the requirements for its long-anticipated Cybersecurity Maturity Model Certification 2.0 (CMMC) program. The proposed rule primarily...more

DoD Proposes Amendments to National Industrial Security Program Operating Manual (NISPOM)

WHAT: On December 13, 2023, the Department of Defense (DoD) proposed amendments to the National Industrial Security Program Operating Manual (NISPOM) that seek to address the public comments it received in response to its...more

Update: FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more

FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: The Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021 Executive Order No. 14028 on Improving the Nation’s...more

Federal Circuit Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

Federal Circuit Reconsiders What Is Jurisdictional: Will It Level the Playing Field in CDA Disputes?

WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more

Wiley Government Contracts Podcast: A Closer Look at FY22 GAO Bid Protest Statistics

As Craig Smith and Gary Ward recently discussed in our latest Wiley Government Contracts podcast episode, “What to Expect in Government Contracts This Year,” Fiscal Year 2023 is shaping up to be an interesting year for GAO...more

Federal Circuit Reverses ASBCA Raytheon Decision – Costs for Lobbying Activity Outside Business Hours and M&A Planning Found...

WHAT: The United States Court of Appeals for the Federal Circuit has reversed Appeals of Raytheon Company, ASBCA Nos. 60061 et al, 21-1 BCA 37,796 (Feb. 1, 2021), which found Raytheon’s policies for tracking potentially...more

GAO Releases Annual Bid Protest Report to Congress for Fiscal Year 2022

WHAT: The U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year (FY) 2022. Based on its reported data, GAO received fewer protests for the fifth year in a row. GAO’s sustain...more

Cybersecurity Updates: What We’ve Learned About CMMC 2.0 So Far

Last November, the U.S. Department of Defense (DOD) announced sweeping changes to the Cybersecurity Maturity Model Certification (CMMC) program in a new “version 2.0.” Although we are still awaiting the interim regulations,...more

Show Me Your SSPs: DOD to Begin Requesting and Assessing Contractors’ System Security Plans

WHAT: At a recent Town Hall Meeting hosted by the Cybersecurity Maturity Model Certification Accreditation Body (CMMC-AB), a Defense Contract Management Agency (DCMA) representative announced that DCMA will begin assessing...more

COFC Decision Disagrees with GAO on Whether Contractors Must Notify Agencies of Changes to Key Personnel Availability During a...

WHAT: In a decision released on February 4, 2022, the Court of Federal Claims (COFC) declined to follow the Government Accountability Office’s (GAO’s) rule that offerors are obligated to inform agencies when proposed key...more

Blue & Gold Safe For Now: Federal Circuit Holds That a Timely Agency-Level Pre-Award Solicitation Challenge Preserves a...

WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more

DOD Suspends CMMC Version 1.0 and Charts a New Course With “CMMC 2.0”

WHAT: On November 4, 2021, the U.S. Department of Defense (DOD) announced the completion of a months-long internal review and significant changes to the strategic direction of its Cybersecurity Maturity Model Certification...more

Government Contract Trends as 2021 Winds Down

It is hard to believe 2021 is in the back stretch. At the beginning of the year, we made predictions of what might come from the change in Administration in 2021. In this article, we take a look at what has happened in 2021...more

What Cyber Landscape Awaits Government Contractors Following Biden’s Executive Order?

On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more

Biden’s Cyber EO Aims to Improve Federal Security and Move Private Sector

On May 12, 2021, President Biden issued the long-expected Executive Order on Improving the Nation’s Cybersecurity (“EO” or “Order”). The EO comes amidst a series of high-profile cyber-attacks on the Nation and its critical...more

Interim Rule on CMMC and NIST 800-171 Assessments Creates New Cybersecurity Compliance Requirements for Contractors

Cybersecurity has been an increasingly important compliance area for government contractors for more than a decade. Over the past year, the U.S. Department of Defense (DOD) has been laying the foundation for a new...more

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