NDIA Turns to FortneyScott for Compliance Guide for DoD New Cyber Security Rule
Mar 28, 2017
National Defense Industrial Association, a leader in defense and national security, has published an article co-authored by FortneyScott’s Susan Ebner, offering compliance guidance in response to the recently issued Department of Defense (DoD) cyber security rule. The rule requires contractors to comply with 110 specific network security requirements for safeguarding covered defense information (CDI) that is processed, stored, or transmitted through “covered contractor information systems.” Contractors that would provide “operationally critical support” are also required to comply with the rule. If you are a covered contractor, you can obtain an extension to December 31, 2017 for your compliance with the rule’s requirements. Ebner notes “this extension offers contractors a unique opportunity to assess their systems and become compliant so that they can continue to respond to solicitations.” In the article, Ebner outlines plans to assess CDI systems and provides guidelines for compliance.
Takeaways:
- To obtain that extension, however, you must notify the DoD Chief Information Officer (“CIO”) within 30 days of contract award of the requirements that you have not yet implemented.
- Solicitations and contracts for the acquisition of commercial off-the-shelf supplies are exempt from compliance with this rule. Different versions of this DoD cyber clause, and still other Federal Acquisition Regulation (“FAR”) and agency cyber clauses, may be in your contract and may establish different immediate and longer term requirements.
- Develop a plan to determine which clauses are in your contract.
- Develop a plan for meeting immediate and longer term compliance, review and reporting obligations.
- If you are subject to the newly issued DoD clause, act promptly in order to obtain an extension to the time for compliance with its security requirements.
- Establish your cybersecurity response team so you can take the right steps to meet your security compliance and reporting obligations.
Contact Susan Ebner or your FortneyScott attorney if you have questions about which clauses apply to you and what you are required to do.
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