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CMMC 2.0 simplifies requirements but raises risks for government contractors

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With the announcement of a revamped Cybersecurity Maturity Model Certification (known as CMMC 2.0), for the third time in five years, the U.S. Department of Defense (DOD) announced new, comprehensive cybersecurity standards for government contractors and subcontractors to ensure the protection of sensitive unclassified information, that is, Federal Contract Information (FCI) and Controlled Unclassified Information (CUI).  By referring to the new cybersecurity standard as CMMC 2.0, the DOD implicitly recognizes the likelihood of future versions at an unknown cost to the Defense Industrial Base (DIB).

Nevertheless, version 2.0, which was released after a seven-month review by the Biden Administration, reflects the DOD’s assessment of the DIB’s concerns and reflects the DOD’s efforts to streamline and improve upon its earlier version after criticisms aimed at its cost and complexity.  Specifically, CMMC 2.0 collapses CMMC 1.0’s five tiers to three simplified tiers that are based on the cybersecurity framework implemented and that are devoid of additional CMMC-unique practices and processes.  CMMC 2.0 also will allow “annual self-assessment with an annual affirmation by DIB company leadership” for Level 1 and part of the new bifurcated Level 2 (formerly Level 3).  Otherwise, an independent third-party assessment or government-led assessment will be required.

Besides CMMC 2.0, contractors with CUI are also required to comply with Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7019 and 252.204-7020.  Collectively, these clauses require contractors to enter their compliance with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 into DOD’s Supplier Performance Risk System (SPRS).  DOD will identify medium- and high-risk contracts and perform independent assessments of contractor compliance with NIST SP 800-171 and whether a contractor’s compliance matches what it inputted into SPRS.  Contractors should also be mindful as to whether these disclosures match their prior acceptance of contracts with DFARS 252.204-7012, which required full compliance with NIST SP 800-171.

The return of self-assessment, which was the bedrock of the first DOD cybersecurity standards set out in DFARS 252.204-7012 and whose failure led to the development of CMMC 1.0., creates substantial risks to DIB companies and their leadership.  The U.S. Department of Justice (DOJ) recently announced a new Civil Cyber-Fraud Initiative that emphasized the use of the False Claims Act (FCA), 31 U.S.C. § 3729 et. seq., to bring civil action against government contractors who knowingly misrepresented their cybersecurity practices and protocols.  The FCA allows the government to recover treble damages and permits qui tam suits, which allow whistleblowers to receive a portion of the monies recovered by the government.  In addition, other regulatory agencies have brought enforcement actions for alleged false certifications concerning compliance with agency-required cybersecurity standards.  Thus, the risk of a DOJ investigation or a qui tam suit connected with a DIB company’s self-assessment affirmation is very real, and this announcement – coupled with self-certification options in CMMC 2.0 – should not been seen as a coincidence. Nevertheless, companies can reduce such risks with appropriate cybersecurity policies and a culture of compliance.

Continue reading at:  JD Supra

Changes coming to DOD’s Cybersecurity Maturity Model Certification under CMMC 2.0

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On November 17, 2021, the U.S. Department of Defense (DOD) published an Advanced Notice of Proposed Rulemaking (ANPRM) previewing significant changes to its Cybersecurity Maturity Model Certification (CMMC) program.

The revamp, “CMMC 2.0,” promises a more streamlined and flexible system for defense contractors and their suppliers to comply with CMMC and DOD’s cybersecurity expectations, with practical changes coming into effect between 9 and 24 months from now.

CMMC 2.0 is DOD’s response to a months-long internal review spurred by more than 850 public comments in response to DOD’s September 2020 “CMMC 1.0” interim rule.  While DOD pursues the forthcoming rulemakings, it intends to suspend current CMMC piloting efforts and has stated it will not include CMMC requirements in DOD solicitations.

Contractors should continue, however, to adhere to the existing cybersecurity “assessments” framework, focusing on compliance with National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 controls and required Basic Assessments.

Continue reading at: JD Supra

Georgia Defense Industrial Base Task Force hosting CMMC summit May 18th

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No matter where you’re at on the CMMC journey, there are resources to support you.  Join the Georgia Defense Industrial Base Task Force (GDIBT) – a partnership between the Georgia Department of Economic Development (GDEcD), Georgia Cyber Center, and the Technology Association of Georgia (TAG) on May 18 from 9 a.m. – 12: 30 p.m. to map out your path forward.

Join local businesses as they share their experiences with CMMC and answer your questions.  CMMC-AB Marketplace providers and cyber professionals explain how their tools and ‘turn-key’ services support your CMMC journey.  Chart your course further with a training session focused on NIST 800-171 and more.

PRICE: FREE

FORMAT: VIRTUAL

Event Contact:
Heather Maxfield
(404) 920-2022
Send Email

Date and Time:  Tuesday, May 18, 2021 (9:00 AM – 12:30 PM) (EDT)

Registration Link:  https://members.tagonline.org/calendar/Details/cmmc-summit-337318?sourceTypeId=Hub

AGENDA

9:00 – 9:05 AM                     Larry Williams, President and CEO, TAG 

9:05 – 9:10 AM                     Eric Toler, Executive Director, Georgia Cyber Center

9:10 – 9:20 AM                     Keynote – Dr. Joye Purser, Regional Director—Region 4, Cybersecurity and Infrastructure Security Agency (CISA)

9:20 – 10:20 AM                   Peer Panel, Moderated by Roy Hadley, Adams and Reese, LLP

  • Allison Giddens, Co-President, Win-Tech
  • Allison Stewart, Compliance Analyst & Training, Top Flight
  • Miguel Garcia, AMRAAM Project Manager / Business Development, Collins Manufacturing

10:20 – 10:35 AM                 Break 

10:35 – 11:35 AM                 UGA SBDC “NIST 800-171 + Beyond” Training

  • Mark Lupo, UGA SBDC

11:35 –12:25 PM                  ‘Solutions’ Provider Panel, Moderated by Roy Hadley, Adams and Reese, LLP

  • Horacio Maysonet, President & CEO, Cyber Security Solutions
  • Chris Silvers, Founder and Principal Consultant, CG Silvers
  • Chris Hallenbeck, Chief Information Security Officer, Americas Tanium

12:30 PM                               Closing, Cassia Baker, Georgia Department of Economic Development Center of Innovation for Aerospace 

CMMC: Some frequently asked questions

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The National Defense Industrial Association has held a series of webinars for its members focusing on the latest news coming out of the Defense Department on the Cybersecurity Maturity Model Certification.

NDIA Senior Vice President of Strategy and Policy Wes Hallman, Director of Regulatory Policy Nick Jones, and Principal Director of Strategy Corbin Evans led a webinar on Feb. 18 and answered some written questions posed by members afterward.

The next members-only webinar is scheduled for April 15.

The questions and answers from that previous session have been edited for clarity and length.

Continue reading at:  National Defense Magazine

CMMC is coming: How government contractors can prepare

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People like to say that cybersecurity threats are constantly evolving.  So perhaps it’s fitting that cybersecurity compliance is undergoing a significant evolution of its own this year, too.

That evolution is the arrival of the Cybersecurity Maturity Model Certification, more commonly abbreviated as CMMC.  CMMC is a new standard for cybersecurity that the U.S. Defense Department is rolling out to defense contractors, requiring companies to enforce new oversight across their operations and down their supply chains.

The Defense Department’s goal is to make CMMC a standard clause for all defense contracts by 2026, including higher education institutions that do government-sponsored defense research; and professional services firms that provide consulting to the Defense Department.

Even if you are not a prime defense contractor, CMMC is still likely to join your list of compliance obligations sometime soon.

Continue reading at:  Risk & Compliance Matters

CMMC announces new advisory council to collect industry feedback

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The governing body for the Defense Department’s cybersecurity compliance program has launched a new organization charged with getting defense contractors’ feedback on the implementation process.

The CMMC advisory council will “provide a crystallizing, unified voice” for defense contractors seeking certification and “supply key feedback, input, and recommendations for implementing CMMC” said Karlton Johnson, the chair of the CMMC Accreditation Body.

The council is separate from the board of directors and will operate between the defense industry base, the CMMC Accreditation Body, and the Defense Department.

Continue reading at:  FCW

What is CUI – The devil is in the details

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Controlled unclassified information (CUI) is defined, in part, as “information the government creates or possesses, or that an entity creates or possesses for or on behalf of the government, that a law, regulation, or government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls.”

Despite this seemingly straightforward definition, identifying CUI has been a challenge for the government and contractors.  This challenge has become particularly evident as the Defense Department implements its interim rule to the Defense Federal Acquisition Regulation Supplement to protect CUI through a mandatory Defense Department assessment methodology and through a slow rollout of its Cybersecurity Maturity Model Certification program.

Continue reading at:  National Defense Magazine

DoD initiates CMMC review

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When the Defense Department confirmed that Deputy Secretary Kathleen Hicks decided to review the Cybersecurity Maturity Model Certification (CMMC) program, initial reactions were mixed.

Some experts said this is a significant sign that the Biden administration wants to rethink major aspects of CMMC.

Others say it’s a perfunctory review and one any new administration would undertake given the importance of the program.  They say these reviews likely are happening across DoD.

Continue reading at:  Federal News Network

See also this article in FedScoop:  CMMC is under an internal DoD review

Matthew Travis hired as CMMC Accreditation Body CEO

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The third-party board implementing the Department of Defense‘s new cybersecurity standards for contractors finally has a CEO after months of searching.

Matthew Travis, a former deputy director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, has been tapped to lead the Cybersecurity Maturity Model Certification Accreditation Body (CMMC-AB) — the organization tasked with overseeing the ecosystem of assessors who will inspect the IT networks of the 300,000 companies in the defense industrial base.

Travis will lead day-to-day operations of the CMMC-AB, a job that has largely been filled by the AB’s board of directors in the nearly 15 months since it was incorporated.

Continue reading at:  FedScoop

Tips to prepare for a first CMMC assessment

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With cyberterrorism acknowledged as an ever-increasing threat to national security, it came as no surprise when the Defense Department last year introduced a more robust cybersecurity framework in the form of the Cybersecurity Maturity Model Certification (CMMC).

Businesses must meet one of five levels of certification, with the new standard already required for certain defense contracts, while the planned five-year rollout aims to ensure that, by 2026, all government defense work will include the CMMC requirement, impacting more than 300,000 contractors.

Preparation is the key to success.  The sooner a company begins preparing for a CMMC third-party assessor organization, or C3PAO, to come in, the smoother its progress along the journey will be.

Continue reading at:  National Defense Magazine

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