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FedRAMP Announces New Approach to Assessing Security of Cloud Services Providers, Leveraging Commercial Practices and Tools

WHAT: FedRAMP has announced that it will be working on a new framework for authorization and assessment of cloud services for federal consumption, calling the initiative “FedRAMP 20X” (announcement here). In response to...more

DOD Mandates Use of Software Acquisition Pathway for Software Development Procurements

WHAT: Department of Defense (DOD) Secretary Pete Hegseth issued a memorandum titled “Directing Modern Software Acquisition to Maximize Lethality” that is intended to reform DOD’s procurement involving software development....more

FAR Council Unveils Long-Anticipated Rule for Controlled Unclassified Information

WHAT: The FAR Council published a proposed rule to incorporate the Controlled Unclassified Information (CUI) Program into the acquisition process and, in doing so, seeks to more clearly define government and contractor roles...more

Updates on Cybersecurity Requirements for Government Contractors

Part of the Biden Administration’s push to enhance U.S. cybersecurity capabilities has focused on imposing new requirements on government contractors. The 2023 National Cybersecurity Strategy suggested, for example, that...more

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour...

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more

Cybersecurity Updates: NIST Publishes SP 800-171 Revision 3. What Changed, and What Comes Next?

In May 2024, the National Institute of Standards and Technology (NIST) published Special Publication 800-171 Rev 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, and the accompanying...more

Not So Fast, NIST: DOD Issues Class Deviation to Retake Control Over What Cybersecurity Requirements Apply to its Contracts

WHAT: On May 2, 2024, the U.S. Department of Defense (DOD) issued a Defense Federal Acquisition Regulation Supplement (DFARS) class deviation related to the cybersecurity standards required for covered contractor information...more

What Does CISA’s Secure Software Development Form Mean for Contractors?

WHAT: The U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) published the final version of its Secure Software Development Attestation Common Form (Common Form) and announced...more

Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification [Audio]

In this episode, Wiley partners Gary Ward, Tracye Howard, and Craig Smith examine the ongoing developments related to implementation of the Cybersecurity Maturity Model Certification (CMMC) program. They discuss the current...more

DOD Publishes Video Overview of CMMC Program and Logistics

WHAT: On February 16, 2024, the U.S. Department of Defense (DOD) posted a 40-minute video overview of DOD’s proposed requirements for the Cybersecurity Maturity Model Certification (CMMC) program. The video is available here,...more

UPDATE: DOD Proposed Rule Solidifies Plans for CMMC 2.0 Program: Security Requirements, Assessments, Affirmations, and Some...

WHAT: The U.S. Department of Defense (DOD) has issued a proposed rule setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The proposed rule primarily...more

DOD Proposed Rule Solidifies Plans for CMMC 2.0 Program: Security Requirements, Assessments, Affirmations, and Some Flow-Down...

WHAT: The U.S. Department of Defense (DOD) has issued a proposed rule setting forth the requirements for its long-anticipated Cybersecurity Maturity Model Certification 2.0 (CMMC) program. The proposed rule primarily...more

DoD Proposes Amendments to National Industrial Security Program Operating Manual (NISPOM)

WHAT: On December 13, 2023, the Department of Defense (DoD) proposed amendments to the National Industrial Security Program Operating Manual (NISPOM) that seek to address the public comments it received in response to its...more

Update: FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more

FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: The Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021 Executive Order No. 14028 on Improving the Nation’s...more

Federal Circuit Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

[Podcast] What to Expect in Government Contracts This Year [Audio]

In this episode of Wiley’s Government Contracts Podcast, host Craig Smith is joined by Government Contracts Partner Gary Ward to discuss Gary’s projections of trends we may see in protests, cybersecurity, and more....more

5/18/2023  /  Cybersecurity , Protests

Federal Circuit Reconsiders What Is Jurisdictional: Will It Level the Playing Field in CDA Disputes?

WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more

Federal Circuit Holds That the Air Force’s Unilateral Price Definitizations Were Not Government Claims

WHAT: On April 25, 2023, the United States Court of Appeals for the Federal Circuit issued a decision in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, No. 2022-1035, holding that the Contracting Officer’s...more

Wiley Government Contracts Podcast: A Closer Look at FY22 GAO Bid Protest Statistics

As Craig Smith and Gary Ward recently discussed in our latest Wiley Government Contracts podcast episode, “What to Expect in Government Contracts This Year,” Fiscal Year 2023 is shaping up to be an interesting year for GAO...more

Federal Circuit Reverses ASBCA Raytheon Decision – Costs for Lobbying Activity Outside Business Hours and M&A Planning Found...

WHAT: The United States Court of Appeals for the Federal Circuit has reversed Appeals of Raytheon Company, ASBCA Nos. 60061 et al, 21-1 BCA 37,796 (Feb. 1, 2021), which found Raytheon’s policies for tracking potentially...more

GAO Releases Annual Bid Protest Report to Congress for Fiscal Year 2022

WHAT: The U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year (FY) 2022. Based on its reported data, GAO received fewer protests for the fifth year in a row. GAO’s sustain...more

Cybersecurity Updates: What We’ve Learned About CMMC 2.0 So Far

Last November, the U.S. Department of Defense (DOD) announced sweeping changes to the Cybersecurity Maturity Model Certification (CMMC) program in a new “version 2.0.” Although we are still awaiting the interim regulations,...more

Show Me Your SSPs: DOD to Begin Requesting and Assessing Contractors’ System Security Plans

WHAT: At a recent Town Hall Meeting hosted by the Cybersecurity Maturity Model Certification Accreditation Body (CMMC-AB), a Defense Contract Management Agency (DCMA) representative announced that DCMA will begin assessing...more

COFC Decision Disagrees with GAO on Whether Contractors Must Notify Agencies of Changes to Key Personnel Availability During a...

WHAT: In a decision released on February 4, 2022, the Court of Federal Claims (COFC) declined to follow the Government Accountability Office’s (GAO’s) rule that offerors are obligated to inform agencies when proposed key...more

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