After numerous fits and starts, on October 14, the Department of Defense (DoD) published a final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. Borne from documented deficiencies in the implementation of DoD-mandated security controls throughout the defense supply chain, the new CMMC program is a verification requirement to ensure contractors are complying with cybersecurity requirements at FAR 52.204-21, DFARS 252.204-7012, and DFARS 252.204-7020. Importantly, beginning in 2025 DoD RFPs will mandate the CMMC level contractors must meet in order to be eligible for award.Continue Reading DoD Announces Cybersecurity Maturity Model Certification 2.0 Final Rule (Finally!)
U.S. Department of Defense
DOD’s Office of Strategic Capital Announces First Notice of Funding Availability
By Todd Overman on
Posted in U.S. Department of Defense
On September 30, the Department of Defense’s (DOD) Office of Strategic Capital (OSC) announced a notice of funding availability (NOFA) of up to $984 million in loans aiming to support the financing of certain covered technology equipment. For years, DOD has attempted to find new ways to encourage the development of certain key technologies and integrate them into the defense industrial base. Continue Reading DOD’s Office of Strategic Capital Announces First Notice of Funding Availability
SBICCT Initiative Adds New Tool to Drive Innovation
The Department of Defense (DoD) has long searched for ways to foster innovation in the defense industrial base by harnessing US comparative advantages like our capital markets and American technological innovation. The recent establishment of the Small Business Investment Company Critical Technology (SBICCT) Initiative aims to do just that as it adds another instrument to the DoD’s tool belt in order to “build enduring advantages for the warfighter and for the taxpayer.” Given the favorable terms offered, those looking to deploy capital should carefully review the benefits the SBICCT program has to offer.Continue Reading SBICCT Initiative Adds New Tool to Drive Innovation
DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program
By Richard Arnholt, Adam Briscoe & Todd Overman on
On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program rule. Continue Reading DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program
Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities
By Richard Arnholt & Adam Briscoe on
Posted in Government Contracts, U.S. Department of Defense
In addition to opening the door to possible awards under the government’s Other Transactions Authority (OTA), products and services provided by contractors that meet the definition of a Non-Traditional Defense Contractor (NDC) may be treated by the government as commercial without any commercial determination pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 252.215-7013. Continue Reading Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities
FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive agencies from procuring electronic goods and services incorporating semiconductor products and services from certain named companies and others affiliated with the governments of U.S. adversaries. Continue Reading FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
New Rule Requires Agencies to Procure Sustainable Products and Services
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
On April 22, the Department of Defense, General Services Administration, and National Aeronautical and Space Administration (NASA) promulgated a final rule amending the Federal Acquisition Regulation (FAR) to implement an agency requirement to procure sustainable products and services to the maximum extent practicable.Continue Reading New Rule Requires Agencies to Procure Sustainable Products and Services
Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
By Todd Overman on
On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information. Continue Reading Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP). Continue Reading Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
Department of Defense Publishes Long-Awaited CMMC Proposed Rule
By Richard Arnholt, Adam Briscoe & Todd Overman on
On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors.Continue Reading Department of Defense Publishes Long-Awaited CMMC Proposed Rule