Townsend Bourne

Townsend Bourne

Sheppard Mullin Richter & Hampton LLP

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Government Contracting
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IoT Legislation Passes Congress

Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently...more

12/1/2020  /  Compliance , Contractors , Data Security , Data-Sharing , Electronic Communications , Federal Contractors , Internet of Things , New Legislation , NIST , Regulatory Standards , Subcontractors

NIST Finalizes Guidance on Security and Privacy Control Baselines – SP 800-53B

NIST has now finalized its guidance providing important information on selecting both security and privacy control baselines for the Federal Government. The guidance is available here: Special Publication 800-53B, Control...more

11/9/2020  /  Cybersecurity , Data Privacy , Data Security , Final Guidance , NIST , Security and Privacy Controls

Interim Rule Solidifies Cybersecurity Requirements for Defense Industrial Base

The Department of Defense (DoD) recently published an interim rule that sets forth its Cybersecurity Maturity Model Certification (CMMC) program plan, as well as new requirements for a “NIST SP 800-171 DoD Assessment...more

10/12/2020  /  Cybersecurity , Cybersecurity Maturity Model Certification (CMMC) , Data Security , Department of Defense (DOD) , DFARS , Federal Contractors , Interim Rule , NIST , Supply Chain

NIST Issues Long-Awaited Final Guidance on Security and Privacy Controls – SP 800-53

After many years of being in draft form, NIST recently released its final version of Revision 5 of Special Publication 800-53, Security and Privacy Controls for Information Systems and Organizations to address a need for a...more

10/7/2020  /  Data Privacy , Data Security , Federal Contractors , Final Guidance , NIST

IoT Legislation Advances in Congress

Congress recently advanced legislation that directs the National Institute of Standards and Technology (NIST) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and...more

10/1/2020  /  Cybersecurity , Federal Acquisition Regulations (FAR) , Federal Contractors , Internet of Things , NIST , OMB , Proposed Legislation

DoD’s Long Awaited Rule on CMMC – Plus a New Cybersecurity Assessment Methodology for Contractors to Start Right Now

At long last, the Department of Defense (“DoD”) has provided its interim rule, published in the Federal Register on September 29, 2020, amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to set forth...more

9/30/2020  /  Comment Period , Cybersecurity , Cybersecurity Maturity Model Certification (CMMC) , Department of Defense (DOD) , DFARS , Federal Contractors , Federal Register , Interim Rule , NIST , Popular

GSA’s Take on Implementation of Section 889 | Government Contracts & Investigations Blog

On September 10, 2020, the General Services Administration (“GSA”) hosted a webinar related to its implementation of Section 889 of the 2019 NDAA – the ban relating to certain Chinese telecom companies – and associated...more

9/30/2020  /  Federal Acquisition Regulations (FAR) , Federal Contractors , General Services Administration (GSA) , Multiple Award Schedule (MAS) , NDAA , Reporting Requirements , SAM , SBA , Waivers

NIST Issues Draft Guidance on Security and Privacy Control Baselines – SP 800-53B

NIST’s news draft guidance, Special Publication 800-53B, Control Baselines for Information Systems and Organizations, provides important information on selecting both security and privacy control baselines for the Federal...more

8/7/2020  /  Draft Guidance , Federal Contractors , NIST , Private Sector , Security

NIST Proposes Draft Enhanced Security Requirements for Protecting CUI

NIST recently released the final public draft of SP 800-172, Enhanced Security Requirements for Protecting Controlled Unclassified Information: A Supplement to NIST Special Publication 800-171 (formerly Draft NIST SP...more

7/30/2020  /  Controlled Unclassified Information , Cybersecurity , Data Privacy , Data Protection , Data Security , Draft Guidance , Federal Contractors , NIST

Interim Rule Confirms Section 889 Part B Restriction on Contractor Use of Chinese Telecom Will Go Into Effect August 2020

On July 14, 2020 the Department of Defense (“DoD”), General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) published an Interim Rule amending the Federal Acquisition Regulation...more

7/15/2020  /  China , Department of Defense (DOD) , Federal Acquisition Regulations (FAR) , Federal Contractors , General Services Administration (GSA) , Interim Rule , NASA , NDAA , Supply Chain , Technology Sector , Telecommunications

NIST Releases Cybersecurity Guidance for Manufacturers of IoT Devices

As a part of its Cybersecurity for IoT Program, NIST recently released two publications with the goal of providing cybersecurity guidance and best practices specific for companies manufacturing IoT devices. These publications...more

6/21/2020  /  Cybersecurity , Data Security , Internet of Things , Manufacturers , NIST , Popular

DOD CMMC Update – Third Party Auditors Gear Up and COTS Providers Get a Pass

A lot has happened since the Department of Defense (“DOD”) released its Cybersecurity Maturity Model Certification (CMMC) v. 1.0 back in February (see our prior discussion here). In addition to developments with the CMMC...more

6/1/2020  /  Auditors , Cybersecurity Maturity Model Certification (CMMC) , Department of Defense (DOD) , DFARS , Request For Information

DoD Issues Class Deviation to Address Contractor Reimbursement for Paid Leave Required to Maintain a Mission-Ready Workforce...

To further assist the contractor community with the effects of the unprecedented Coronavirus Disease 2019 (COVID-19), the U.S. Department of Defense (DoD) issued on April 8, 2020 a Class Deviation authorizing contracting...more

4/14/2020  /  CARES Act , Coronavirus/COVID-19 , Department of Defense (DOD) , Federal Contractors , Reimbursements

Presidential Executive Orders Delegate Additional Authorities To Respond To COVID-19 Outbreak

Last week the White House issued two additional Executive Orders (“EOs”) related to EO 13909, the subject of our March 20, 2020 blog post: Presidential Executive Order Calls on HHS to Issue Priority Contracts and Allocate...more

4/2/2020  /  Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Secretary of DHS

Presidential Executive Order Calls on HHS to Issue Priority Contracts and Allocate Scarce Medical Resources

On March 18, 2020, the President issued an Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “EO”). The EO was issued pursuant to the Defense Production Act...more

3/23/2020  /  Coronavirus/COVID-19 , Defense Production Act , Department of Health and Human Services (HHS) , Executive Orders , Personal Protective Equipment , Trump Administration

CMMC Version 1.0: Enhancing DOD’s Supply Chain Cybersecurity

Cybersecurity Maturity Model Certification (“CMMC”) v.1.0, after releasing several draft versions of the document over the past year. In an effort to enhance supply chain security, the CMMC sets forth unified cybersecurity...more

2/13/2020  /  Certification Requirements , Cybersecurity , Cybersecurity Maturity Model Certification (CMMC) , Defense Sector , Department of Defense (DOD) , Federal Acquisition Regulations (FAR) , Federal Contractors

Small Business Subcontracting for Cloud Computing Gets Easier

In response to widespread interest in allowing more small business participation in opportunities involving cloud computing, the Small Business Administration (“SBA”) has decided to exclude cloud computing from the limitation...more

2/3/2020  /  Cloud Computing , Federal Contractors , SBA , Service Contracts , Set-Aside Contracts , Small Business , Subcontractors

DoD’s Squeeze of Chinese Telecom Equipment Continues

At the end of 2019, the Department of Defense (“DoD”) took another step to limit the potential cyber risks posed by telecommunications equipment manufactured by Chinese companies (and potentially Russian ones too). We...more

1/31/2020  /  China , Comment Period , Cybersecurity , Defense Sector , Department of Defense (DOD) , DFARS , Federal Acquisition Regulations (FAR) , Federal Contractors , Huawei , Interim Rule , NDAA , System For Award Management (SAM) , Telecommunications , ZTE

The True Impact of the Chinese Telecom Ban on Government Contractors

As you probably know, we have been following very closely developments relating to Section 889 of the 2019 National Defense Authorization Act (NDAA), which prohibits executive agencies from purchasing restricted products and...more

11/26/2019  /  China , Federal Acquisition Regulations (FAR) , Federal Contractors , General Services Administration (GSA) , Huawei , Mandatory Disclosure Rules , NDAA , Subcontractors , Telecommunications

CISA Releases “Cyber Essentials” to Assist Small Businesses

The Department of Homeland Security Cybersecurity & Infrastructure Security Agency recently released its Cyber Essentials guide. Consistent with the NIST Cybersecurity Framework, these Cyber Essentials provide “a starting...more

11/13/2019  /  Cyber Threats , Cybersecurity , Data Security , Department of Homeland Security (DHS) , Government Agencies , Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) , NIST , Risk Mitigation , Small Business

GSA Implements Restrictions on Certain Chinese-Made Telecommunications Services and Equipment

On September 9, 2019, the U.S. General Services Administration (“GSA”) announced it would be issuing a mass modification (expected sometime this month) requiring all new and existing GSA Multiple Award Schedule (“MAS”)...more

9/30/2019  /  China , Federal Acquisition Regulations (FAR) , Federal Contractors , General Services Administration (GSA) , GSAR , Multiple Award Schedule (MAS) , NDAA , Telecommunications

Effective Last Month! – DoD’s Implementation of New FAR Prohibitions on Chinese Telecommunications Equipment and Services in...

We recently wrote about the FAR Council’s release of an interim rule implementing restrictions on procurements involving certain Chinese telecommunications hardware manufacturers and service providers, such as Huawei and ZTE....more

9/6/2019  /  Contract Solicitation , Department of Defense (DOD) , Federal Acquisition Regulations (FAR) , Federal Contractors , Interim Rule , Policy Memorandums , Subcontractors , Supply Chain , Technology Sector , Telecommunications

Effective Immediately! – FAR Amended to Include Prohibition on Chinese Telecommunications Equipment and Services in Government...

In accordance with Section 889(a)(1)(A) of the 2019 National Defense Authorization Act (Pub. L. No. 115-232) (the “2019 NDAA”), which required imposition of broad restrictions on procurements involving certain Chinese...more

8/14/2019  /  China , Department of Defense (DOD) , Federal Acquisition Regulations (FAR) , Federal Contractors , Huawei , Interim Rule , NDAA , Reporting Requirements , Supply Chain , Telecommunications , US Trade Policies

Cyber Update: DoD Contractor Cybersecurity Certification and 33 New Enhanced Controls to Combat the Advanced Persistent Threat

The Government remains intensely focused on how best to protect its Controlled Unclassified Information (CUI) once it is released to contractors. In a shift from its initial approach of “we will take the contractor’s word for...more

6/27/2019  /  Contractor Audits , Controlled Unclassified Information , Cybersecurity , Cybersecurity Maturity Model Certification (CMMC) , Data Privacy , Data Protection , Data Security , Department of Defense (DOD) , Federal Contractors , NIST

Nota Bene Episode 39: Doing Business with the U.S. Government in an Era of Cybersecurity, Espionage and Executive Orders with... [Audio]

In an era of trade wars, espionage, and executive orders, how can companies who wish to dive into government procurement or are already involved in procurement abide by Federal laws and data security regulations and increase...more

6/17/2019  /  Cybersecurity , Data Security , Federal Contractors , Popular
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