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“Modernizing Defense Acquisition” EO Directs “Comprehensive Overhaul” of DOD Acquisition System

WHAT: The Trump Administration issued an Executive Order (EO) to kick off a “comprehensive overhaul” of the U.S. Department of Defense (DOD) acquisition system, aiming to “rapidly reform” acquisition processes with an...more

DOD Mandates Use of Software Acquisition Pathway for Software Development Procurements

WHAT: Department of Defense (DOD) Secretary Pete Hegseth issued a memorandum titled “Directing Modern Software Acquisition to Maximize Lethality” that is intended to reform DOD’s procurement involving software development....more

NDAA Provisions Impacting Government Contractors and Their Supply Chains

On December 18, 2024, the Senate passed the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which the House of Representatives passed the previous week. President Biden is expected to sign the bill into law...more

DOD Seeks Contractor Disclosures of Foreign Access to Software Source Code

WHAT: The U.S. Department of Defense (DOD) issued a proposed rule to implement Section 1655(a) and (c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). The proposed rule would...more

DOD Crystalizes CMMC 2.0 Program Rule - UPDATED October 22, 2024.

WHAT: On October 15, 2024, the U.S. Department of Defense (DOD) published the final CMMC 2.0 Program rule. DOD’s final rule outlines the mechanisms that DOD will use to prescribe cybersecurity standards for safeguarding...more

DOD Crystalizes CMMC 2.0 Program Rule

WHAT: On October 15, 2024, the U.S. Department of Defense (DOD) will publish the final CMMC 2.0 Program rule. DOD’s final rule outlines the mechanisms that DOD will use to prescribe cybersecurity standards for safeguarding...more

New DOD Rules on Contractor Reporting and Mitigating Foreign Ownership, Control or Influence for Unclassified Contracts

As a result of a broader U.S. government effort to address supply chain vulnerabilities, Congress passed a new law focused on U.S. Department of Defense (DOD) contracting with certain entities that operate under foreign...more

DOD Issues Proposed Rule to Address Conflicts of Interest for Certain Consulting Services

Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more

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

DOD Seeks Public Comment to Aid Its Adoption of AI in Defense Applications

WHAT: On May 22, 2024, the U.S. Department of Defense (DOD) Office of Industrial Base Resilience (OIBR) released a notice for public comment regarding actions the DOD can take to enable the Defense Industrial Base (DIB) to...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

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

Cyber and Government Procurement: An Update as the FASC Piles on Supply Chain Security Regulations

We continue to track developments affecting government contractor cybersecurity and supply chains, as the federal government churns out proposals and rules. Wiley’s supply chain, cyber, government contracts, and national...more

What Contractors Need to Know About DOD’s National Defense Industrial Strategy

WHAT: On January 11, 2024, the U.S. Department of Defense (DOD) published its National Defense Industrial Strategy (NDIS). In line with DOD’s continued emphasis on modernizing and strengthening the supply chain and...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

Important NDAA Provisions for Contractors and Their Supply Chains

On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more

House Select Committee on the CCP Issues Report and 150 Policy Recommendations Affecting Trade, Telecom, Government Contracts and...

Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...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

DOD Devotes Resources to Responsible Adoption of Generative AI

On August 10, 2023, the U.S. Department of Defense (DOD) announced the creation of Task Force Lima, which will focus on generative artificial intelligence (AI) responsibility and strategy issues. The task force announcement...more

Defense Department’s Updated Procurement Process Allows Quicker Access to Private Sector AI Products

[*Editor’s note: Humans wrote this article without using ChatGPT. Recent news events, of which we hope all attorneys are aware, suggested this was the better course.] Artificial Intelligence (AI) seems to be infiltrating...more

DHS Updates CUI Safeguarding and Incident Reporting Requirements for Contractors

On June 21, 2023, the U.S. Department of Homeland Security (DHS) issued a final rule that revises the Homeland Security Acquisition Regulation (HSAR) to implement security and privacy measures for contractors to safeguard...more

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