In Part I of this series we introduced readers to what Controlled Unclassified Information (CUI) is understood to consist of under the CUI Program at 32 CFR pt. 2002, differentiating and safeguarding CUI, CUI Program Authority and Control, and CUI policy as promulgated under the U.S. Department of Defense CUI Program. (See 66 GC ¶
The U.S. Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) Program will become operational at some point in fiscal year 2025. In October, the DOD issued a Final Rule to address evolving cybersecurity requirements and cyber threats while defining the security controls that DOD intends defense contractors and subcontractors to implement. The program will require
Over the course of the past few years, gallons of ink have been spilled addressing the seemingly ever-pending US Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) Program. After keeping us waiting for years, it finally arrived when, on October 15, 2024, DoD published its Final Rule to establish the CMMC Program. See 89 Fed. Reg. 83092 (Oct. 15, 2024). Effective December 16, 2024, the Rule will require certain defense contractors to have implemented security measures to achieve a particular CMMC level necessary to safeguard Federal Contract Information (FCI) or Controlled Unclassified Information (CUI) as a condition of contract award. Codified at 34 C.F.R. Part 170, the CMMC Program will be augmented by a separate proposed acquisition rule to add a new 48 C.F.R. Part 204, amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address procurement considerations related to the CMMC Program, including allowing DoD to require a specific CMMC level in a solicitation or contract. See 89 Fed. Reg. 66327 (Aug. 15, 2024) or our analyses here and here. The date when that DFARS clause will become final is still unclear, but most suspect it will be soon.Continue Reading A Standard on Many Levels: A Look at CMMC 2.0 in Final
So you want to acquire a government contractor? Makes sense, and you’re not alone. Over the past few years, the federal contracting landscape continues to evolve as a result of mergers and acquisitions (M&A), primarily involving the acquisition of small and midsize contractors by larger entities as a means to quickly expand into new federal markets. This trend is especially prevalent in the information technology (IT) market, where the acquisition of small or midsize IT firms with new capabilities can provide larger firms with shiny new toys to share with their roster of government clients to gain a larger share of the federal IT “pie,” if not create—almost overnight—new IT market leaders in areas such as cloud computing, cybersecurity, software, and predictive intelligence.Continue Reading Integrating Cybersecurity Into M&A Compliance Reviews: Avoiding Hidden Cyber Risks in the Acquisition of Government Contractors