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DoD's Own Cyber Monday Deal: Releasing DFARS Cyber Enhancement Guidance

Client Alert | 1 min read | 11.27.18

Just in time for the holidays, the Defense Department published final guidance to the DoD acquisition community that details strategies to enhance existing cybersecurity requirements for Covered Defense Information (CDI) provided by the DFARS Safeguarding Clause 252.204-7012. The DoD’s guidance contains two documents that clarify how DoD will communicate their cybersecurity expectations to contractors, including where those expectations exceed what the DFARS Safeguarding Clause requires:

  • Guidance for Reviewing System Security Plans (SSPs) outlines how the DoD expects to evaluate contractor SSPs, including the preferred method of meeting each NIST security control and the anticipated consequences of not yet having implemented those controls.
  • Guidance for Assessing Compliance and Enhancing Protections provides objectives that requiring activities can tailor to assess contractors’ safeguarding of CDI, including how to incorporate compliance with NIST SP 800-171 and supply chain management as evaluation criteria in solicitations.

Insights

Client Alert | 2 min read | 11.20.24

CBCA Denies the Government’s Motion for Summary Judgment Based on an Issue of Fact Regarding the Contractor’s Reservation of Rights via a Transmission Email

In Fortis Industries, Inc., CBCA 7967 (Sept. 18, 2024), the Civilian Board of Contract Appeals (CBCA) denied in part the government’s motion for partial summary judgment on the issue of whether the contractor released its claims by signing a modification terminating the contract for convenience. During contract performance, the General Services Administration (GSA) imposed monthly deductions to contract payments as a response to certain performance issues. GSA later proposed to terminate the contract for convenience and sent a contract modification stating that all obligations under the contract were concluded except payment for work performed in June 2022. The contractor signed the modification but stated in its transmittal email that it was owed payment for services in May 2022 as well. ...