Georgia Tech Procurement Assistance Center

DoD releases public draft of cybersecurity maturity model certification

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On September 4, the Office of the Assistant Secretary of Defense for Acquisition released Version 0.4 of its draft Cybersecurity Maturity Model Certification (CMMC) for public comment.  The CMMC was created in response to growing concerns by Congress and within DoD over the increased presence of cyber threats and intrusions aimed at the Defense Industrial Base (DIB) and its supply chains.  In its overview briefing for the new model, DoD describes the draft CMMC framework as a “unified cybersecurity standard” for DoD acquisitions that is intended to build upon existing regulations, policy, and memoranda by adding a verification component to cybersecurity protections for safeguarding Controlled Unclassified Information (CUI) within the DIB.  As discussed in a prior post, the model describes the requirements that contractors must meet to qualify for certain maturity certifications, ranging from Level 1 (“Basic Cyber Hygiene” practices and “Performed” processes) through Level 5 (“Advanced / Progressive” practices and “Optimized” processes), with such certification determinations to generally be made by third-party auditors.

The CMMC establishes a new framework for defense contractors to become certified as cybersecurity compliant.  DoD has stated that it intends to release Version 1.0 of the CMMC framework in January 2020 and will begin using that version in new DoD solicitations starting in Fall 2020.  Notwithstanding the pendency of these deadlines, a large number of questions remain outstanding.  DoD is seeking feedback on the current version of the model by September 25, 2019.

Continue reading at:  Covington’s Inside Government Contracts

Navy tightens cybersecurity requirements

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Almost a year after Assistant Secretary of the Navy James Geurts issued his September 28, 2018 memorandum (Geurts Memo) imposing enhanced security controls on “critical” Navy programs, the Navy has issued an update to the Navy Marine Corps Acquisition Regulations Supplement (NMCARS) to implement those changes more formally across the Navy.  Pursuant to this update, a new Annex 16 in the NMCARS provides Statement of Work (SOW) language that must be added into Navy solicitations and contracts where the Navy has determined “the risk to a critical program and/or technology warrants its inclusion.”  In addition to the technical requirements reflected in the Geurts Memo, the Navy has added Subpart 5204.73 to the NMCARS that, among other things, instructs Contracting Officers (COs) to seek equitable reductions or consider reducing or suspending progress payments for contractor non-compliance with the Annex 16 and DFARS 252.204-7012 (DFARS clause) requirements.

Continue reading at:  Covington

Prepare now to secure ‘controlled unclassified information’

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Nowadays, many people are familiar with at least some types of protected information, whether in the form of personal health information or government-classified information. But, contractors working with the Department of Defense (“DoD”) must remember to protect another type of information: controlled unclassified information (“CUI”). Failure by government contractors to put processes in place that protect CUI could result in the loss of contracting opportunities or potential False Claims Act-related litigation.  For more information about the far-reaching implications of cybersecurity requirements on government contractors, please also see Matt Feinberg’s blog on the recent settlement of a cybersecurity False Claims Act (“FCA”) litigation; Isaias “Cy” Alba’s piece about cybersecurity, implied certifications, and the FCA; and Dave Shafer’s analysis of current cybersecurity standards and the DoD’s plans to remedy confusion.

Continue reading at:  Piliero Mazza

Cybersecurity – The Times (and Standards) They Are A Changin’ – FAST!

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As we reported last month, the Department of Defense (DoD) has been engaging in an unusual rollout of its new cybersecurity certification program by way of  road tours—led by Katie Arrington, the Special Assistant to the Assistant Secretary of Defense for Acquisition and Sustainment for Cyber—that address the tiered, five-level Cybersecurity Maturity Model Certification (CMMC).  At bottom, DoD intends for the CMMC to help streamline the acquisition process by providing acquiring agencies and consenting contractors with more exacting cybersecurity requirements for future acquisitions.  What’s unique about the CMMC rollout is the lack of written guidance on the program.  DoD representatives have orally provided a majority of publicly available information about CMMC only during various webinars and defense-industry events held over the past couple of months.  Indeed, a quick Google search for “CMMC” indicates that, at this time, hard facts about the program appear to be limited to FAQs on a DoD website.

That word of mouth rollout continued during a July 9 presentation at the National Defense Industrial Agency Procurement Division Meeting in Washington, D.C.  During this presentation, Ms. Arrington both reconfirmed some previously discussed details about the CMMC program and provided additional insight into program components that will be of interest to contractors doing business with DoD when the program comes to fruition.

Continue reading at:  McCarter & English

Uncle Sam wants you — and your DFARS compliance

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Following rules of engagement is a common concept, but knowing the rules — and whether they really apply to one’s own business — is not always a common condition.  The federal market can be especially confusing for smaller companies that may be delivering similar products or services to both civilian and military/defense/aerospace agencies.

If you know enough to ask about DFARS 252.204-7012 compliance, hold grants or contract awards subject to the provisions, or are contemplating entering the Department of Defense (DoD) market, you should at least be on the path to Defense Federal Acquisition Regulation Supplement (DFARS) compliance.  By September 2020, meeting the required security level contained in a DoD solicitation will be the basis for a go/no-go decision on further consideration of an offeror’s cost, schedule, and performance qualifications.

Announced changes to federal procurement practices, particularly for DoD-related contracts, put into play provisions for supply chain security and resiliency based, in part, on the 2018 “Deliver Uncompromised” study from MITRE Corporation.  Widely publicized leaks of government-funded intellectual property and other proprietary information have intensified concerns about the vulnerability of the defense industrial base (DIB), one of the 16 industry sectors defined by the Department of Homeland Security (DHS) as “critical infrastructure.”  The Office of the Under Secretary of Defense for Acquisition & Sustainment notes on its website that DoD is “planning a series of engagements across the United States in order to solicit inputs and feedback from the [DIB] sector.”

Continue reading at:  IndustryWeek

Will defense contractors be ready for CMMC?

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Defense contractors will face big changes and tight timelines over the next year as the Department of Defense rolls out its new Cybersecurity Maturity Model Certification framework, experts say.

The framework, which aims to certify a company’s compliance with federal cybersecurity regulations around controlled unclassified information (CUI), was announced by DOD officials in June.  It will be used to evaluate and rate contractors’ ability to protect sensitive data on a 1-5 scale starting next year.

The initial version of the framework is scheduled to go public in January 2020.  By June 2020, its requirements will start appearing in requests for information, and will become a regular feature of defense procurement by September 2020.  That means defense contractors will have less than eight months to implement changes for compliance with the Defense Federal Acquisition Regulation Supplement and National Institute of Standards and Technology guidance on protecting CUI.

Continue reading at:  FCW

DOD’s proposed cybersecurity maturity model certification requirements: what we know and how to prepare

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The final DFARS cybersecurity rule promulgated in 2016, which included the latest changes to the DFARS clause at 252.204-7012, was a significant development for DoD contractors, in part because it mandates compliance with the 110 security controls in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171.  DoD has been working with the contracting community since that time with respect to the implementation of the final rule, but has concluded that further compliance steps are needed in the form of cybersecurity certification standards.

The anticipated new cybersecurity certification standards for DoD contractors are quickly taking shape.  Katie Arrington, former South Carolina legislator and current special assistant for Cybersecurity to Assistant Secretary of Defense for Acquisition, recently announced that DoD is partnering with the Carnegie Mellon University Software Engineering Institute and the Johns Hopkins University Applied Physics Laboratory in developing the new certification standard: the Cybersecurity Maturity Model Certification or “CMMC.”  This Alert outlines what has been revealed thus far about the CMMC, how the CMMC will affect DoD contractors, and steps you can take to be ready when the CMMC goes live.

Continue reading at:  Miles & Stockbridge

7 steps for getting right with NIST 800-171

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The deadline for defense contractors and subcontractors to implement the information security requirements listed in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 has come and gone.  There are more than 100 information security requirements in NIST 800-171, and it is a good bet that many smaller companies without ample IT resources fall into the category of: “We missed the deadline… what now?”

If you want to continue working with the Department of Defense, the simple answer is you will have to be 800-171 compliant.  This includes secure file sharing and information exchange governance, namely how you store, access, exchange and govern sensitive (but unclassified) information with the agency.  And while the December 31, 2017, deadline was directed at DOD’s industry partners, NIST 800-171 applies to all non-federal organizations that work with U.S. government systems and data.  So the suggestions below are in no way limited to defense contractors!

Continue reading at:  Federal Computer Week

The importance of compliance with DFARS cybersecurity regulations

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Clicking the “COMPLY” check box on the list of government requirement flow-downs may seem like a necessary evil of being a supplier to the defense market, but some regulations around information and cybersecurity provide the critical foundations of a trusted computing supply chain.

Cyber and information warfare are the hottest and possibly most contested battlefields in the race for military dominance. Case in point, the U.S. Navy recently changed the name of Space and Naval Warfare Systems Command (SPAWAR) to the Naval Information Warfare Systems Command (NAVWAR), in recognition of how important information warfare to defense strategy.

Similarly, earlier this year, the U.S. Army, announced the evolution of its Cyber Command into the Information Warfare Command, and the U.S. Air Force announced the merger of the 24th Air Force (Air Forces Cyber) and the 25th Air Force, to create a new information warfare focused command.

By all indicators, information currently sits near the top of the food chain of assets requiring protection.  To that end, the U.S. Department of Defense (DOD) upped the ante on regulations around what types of information need protection and how much suppliers must protect that information.

Continue reading here:  Military and Aerospace Electronics

NIST updates SP 800-171 to help defend sensitive information from cyberattack

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An update to one of the National Institute of Standards and Technology’s (NIST) information security documents offers strategies to help protect sensitive information that is stored in computers supporting critical government programs and high value assets. 

The document, entitled Draft NIST Special Publication (SP) 800-171 Revision 2: Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, now has a new draft companion publication, NIST SP 800-171B, that offers additional recommendations for handling Controlled Unclassified Information (CUI) in situations where that information runs a higher than usual risk of exposure.  CUI includes a wide variety of information types, from individuals’ names or Social Security numbers to critical defense information. 

When CUI is part of a critical program or a high value asset — such as a weapons system — it can become a significant target for high-end, sophisticated adversaries.  In recent years, these programs and assets have been subjected to an ongoing barrage of serious cyberattacks, prompting the Department of Defense to request additional guidance from NIST. 

 “We need to provide safeguards and countermeasures that can stand up to these attacks,” said NIST’s Ron Ross, one of the publication’s authors.  “We are requesting comments on this initial public draft, which we hope will help organizations protect CUI against our most advanced and persistent adversaries.” 

NIST is accepting comments on both SP 800-171 Rev. 2, which received minor editorial updates, and SP 800-171B until July 19, 2019.  In the future, NIST plans to issue  final versions of both publications.  In addition, a previously available companion document, NIST SP 800-171A, will be updated with new assessment procedures for the enhanced security requirements. 

Continue reading at:  NIST website

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