We published an article titled “Department of Defense Publishes Long-Awaited CMMC Proposed Rule,” in the March 2024 edition of Cyber Defense Magazine.

In the article, we discuss the function of the CMMC Proposed Rule to protect sensitive information being handled by government contractors and identify individuals and organizations that will be tasked with complying with the program.

We go on to describe the three levels of CMMC certification, the requirements designated by each level, and contractors that fall under them. “The applicable CMMC level will be determined by DoD program managers who review the information stored and processed through a contractor’s system,” we explain in the article.

We also map out what the rollout of the program will look like in the coming years and identify the consequences of noncompliance as the CMMC rule is progressively applied to government contractors.

“Given how the government has structured the CMMC program and its assessment requirements, it is almost certain that the government will consider inaccurate CMMC certifications ‘material’ for purposes of the FCA. Contractors at the CMMC Level 1 and CMMC Level 2 tiers should be especially careful to ensure they fully comply with all required security assessments,” we caution.

To view the full article, you may click here.

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Photo of Richard Arnholt Richard Arnholt

Richard Arnholt advises companies, large and small, on the complex rules and regulations applicable to grants and contracts from federal and state governmental entities. In an era of increased budgetary pressures for contractors, Richard focuses his practice on providing practical business and legal…

Richard Arnholt advises companies, large and small, on the complex rules and regulations applicable to grants and contracts from federal and state governmental entities. In an era of increased budgetary pressures for contractors, Richard focuses his practice on providing practical business and legal guidance to help clients efficiently navigate the minefield of government procurement and grant regulations.

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Photo of Adam Briscoe Adam Briscoe

Adam Briscoe advises companies as they navigate the contracting process with federal, state, and local governments. He counsels and represents clients on bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC), contract claims and disputes, teaming…

Adam Briscoe advises companies as they navigate the contracting process with federal, state, and local governments. He counsels and represents clients on bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC), contract claims and disputes, teaming and subcontracting issues, due diligence for mergers and acquisitions, data rights and intellectual property issues, and compliance with cybersecurity and Small Business Administration (SBA) regulations. He further represents nontraditional contractors that provide emerging technology solutions and innovative services to the federal government through nontraditional contracting vehicles.

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