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Time for Compliance with DOD’s Cybersecurity Regulations is NOW

On February 19, 2024, the Department of Justice (“DOJ”) notified the U.S. District Court for the Northern District of Georgia that it would intervene in a False Claims Act (“FCA”) case filed against Georgia Tech Research...more

The Department of Defense Clarifies FedRAMP Equivalency Standard

As many Department of Defense (“DoD”) contractors know, if they want to store, process, or transmit covered defense information (“CDI”) with a cloud service provider (“CSP”), then the CSP must meet the security requirements...more

Understanding the Basics of CMMC Level 3

In this series on the Department of Defense’s (“DoD”) proposed Cybersecurity Maturity Model Certification (“CMMC”) rule, we have discussed the rule’s implementation timeline and the basics of CMMC Level 1 and CMMC Level 2. ...more

Understanding the Basics of CMMC Level 2

In this series on the Department of Defense’s (“DoD”) proposed Cybersecurity Maturity Model Certification (“CMMC”) rule, we have discussed the rule’s implementation timeline and the basics of CMMC Level 1. In this post, we...more

Understanding the Basics of CMMC Level 1

In this series, we have provided an overview of the Department of Defense’s (“DoD”) proposed Cybersecurity Maturity Model Certification (“CMMC”) rule and its implementation timeline. Now, we delve deeper into the three CMMC...more

The Department of Defense Issues Proposed Timeline for CMMC Implementation

On December 26, 2023, the Department of Defense (“DoD”) issued the long-awaited proposed rule for the Cybersecurity Maturity Model Certification (“CMMC”) program. In our previous post, we discussed how the CMMC program...more

The Department of Defense Releases Proposed CMMC Rule

The Department of Defense (“DoD”) has released a draft of its proposed Cybersecurity Maturity Model Certification (“CMMC”) Program rule just in time for the holidays. The rule—which is scheduled to be published December 26,...more

The FAR Council Proposes Standardizing Cybersecurity Requirements

On October 3, 2023, the FAR Council proposed two potentially significant cybersecurity rules. We discussed FAR Case No. 2021-017, which would impose a range of new cyber incident reporting requirements on nearly all...more

The FAR Council Proposes New Cyber Incident Reporting Requirements

On October 3, 2023, the FAR Council issued two proposed cybersecurity rules that could have significant implications for both Government prime and subcontractors. This article discusses the first rule, FAR Case No. 2021-017,...more

How to Manage a Potential Whistleblower

The federal False Claims Act (“FCA”) is one of the United States’ most effective tools to detect and prevent fraud against the Government. One reason the FCA is so effective is that it encourages the employees of an...more

Accreditation Body Releases CMMC Assessment Guidance

In July 2022, the Accreditation Body (“AB”) of the Cybersecurity Maturity Model Certification program (“CMMC”) released a 47-page CMMC Assessment Process guide (“CAP Guide”). The CAP Guide outlines the assessment process for...more

NISPOM Creates New Requirements for Senior Management Officials

In February 2021, the Department of Defense (“DoD”) promulgated 32 C.F.R. Part 117. This move converted the National Industrial Security Program Operating Manual (“NISPOM”)—the rules that govern personnel and facility...more

Is Your Company Prepared for the New Cyber Incident Reporting Requirements?

On March 11, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022. The Law includes new reporting requirements for companies who experience cyber incidents or make...more

CMMC 2.0 Brings Much Needed Relief to the Defense Industrial Base

In response to more than 850 public comments, the Department of Defense (“DOD”) has decided to significantly revamp the Cybersecurity Maturity Model Certification (“CMMC”) program. On November 4, 2021, DOD announced that it...more

President Biden’s Recent Cybersecurity Executive Order Will Increase Compliance Obligations on the Private Sector

Companies providing information technology products and services to U.S. government agencies are now required to notify such agencies of cyber incidents and meet specific cybersecurity standards. The executive order attempts...more

New Department of Defense Regulations Clarify Contractors’ Responsibilities to Comply with NIST SP 800-171 and CMMC Requirements

On September 29, 2020, the Department of Defense (“DoD”) issued a long-awaited, interim rule to strengthen cybersecurity protections throughout the Defense Industrial Base. The new rule establishes how DoD will assess...more

Preparing for the Rollout of the Cybersecurity Maturity Model Certification: It Is All about the Timing

The Department of Defense (“DoD”) is expected to begin rolling out the Cybersecurity Maturity Model Certification (“CMMC”) program later this year. As a brief refresher, the CMMC is a certification system implemented by DoD...more

The CARES Act Provides Much Needed Financial Relief for Small Businesses

On March 27, 2020, Congress passed, and the President signed into law, the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”). The CARES Act is a massive $2.2 trillion law designed to stabilize the United States’...more

New DoD Cybersecurity Regulations Are Coming—Is Your Company Ready?

In January, the Department of Defense (“DoD”) released more information on its much-anticipated Cybersecurity Maturity Model Certification (“CMMC”) framework. While a final rule is not expected until the fall, contractors...more

Agency Protest Pros and Cons for Gov't Contractors

In May 2018, the U.S. Government Accountability Office implemented a $350 filing fee for bid protests. There are differences of opinion regarding why the GAO implemented the fee. The GAO publicly states that the fee was...more

Agency Protests: An Emerging Tool and Potential Threat for Contractors

In May 2018, the Government Accountability Office (“GAO”) implemented a $350 filing fee for bid protests. There are differences of opinion regarding why GAO implemented the fee. GAO publicly states that the fee was...more

7/16/2019  /  Bid Protests , Federal Contractors , FOIA , GAO

Cybersecurity Could Make or Break Defense Contractors’ Chances of Future Awards

Cost, schedule, and performance, the three pillars of defense procurement, may soon be accompanied by a fourth pillar: cybersecurity. As the nature of warfare evolves away from pure kinetic capabilities to the asymmetric,...more

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