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DoD Releases Cybersecurity Maturity Model Certification 1.0—Once It’s Effective, Thousands of DoD Contractors, Suppliers Must Be Certified as Prerequisite to Contracting

By Marcia Madsen & David A. Simon on February 19, 2020
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On January 31, 2020, the US Department of Defense (DoD) Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD(A&S)) released Cybersecurity Maturity Model Certification (CMMC) Version 1.0. DoD developed the CMMC to provide a unified cybersecurity standard for defense contractors and suppliers across all of the Defense Industrial Base (DIB), which, according to DoD, “consists of over 300,000 companies.”1 The development of the CMMC has been driven by concerns about the widespread exfiltration of Federal Contract Information (FCI) and Controlled Unclassified Information (CUI) from the sprawling DIB, particularly at the lower and middle levels of the supply chain.2 CMMC primarily builds upon DFARS 252.204-7012, which generally requires contractors to maintain “adequate security” on all covered contractor information systems and to report any cybersecurity incidents to the DoD Cyber Crime Center (DC3) within 72 hours. It also incorporates a number of other standards, including FAR 52.204-21 (the basic standard for protecting FCI), National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, NIST SP 800-171B,3 ST SP 800-53, ISO 27001, ISO 27032, AIA NAS 993, CIS Critical Security Controls 7.1, and CERT Resilience Management Model®.

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Photo of Marcia Madsen Marcia Madsen

Marcia focuses on Government Contracts and Litigation, advising clients on contract formation, teaming and strategic alliances, contract and subcontract negotiations, performance disputes, audits, terminations, cost accounting and allowability, technical data rights and trade secrets, and fraud/false claims investigations • litigates bid protests and…

Marcia focuses on Government Contracts and Litigation, advising clients on contract formation, teaming and strategic alliances, contract and subcontract negotiations, performance disputes, audits, terminations, cost accounting and allowability, technical data rights and trade secrets, and fraud/false claims investigations • litigates bid protests and claims and disputes before the GAO, the Boards of Contract Appeals, the Court of Federal Claims, and various other federal and state courts • has handled numerous ADR and mediation proceedings • areas of concentration include aerospace and defense contracts, systems integration, information systems and telecommunications contracts, health care and bio-technology, homeland security contracts, environmental remediation, and research and development contracts.

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Photo of David A. Simon David A. Simon

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the…

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the US Department of Defense (DoD) and chief cyber counsel to the US Cyberspace Solarium Commission, David has deep experience advising victims of ransomware attacks and state-sponsored cyber activity. Named as a Cybersecurity Trailblazer by The National Law Journal, David has also been named to Cybersecurity Docket’s “Incident Response 40,” a collection of 40 of the “best and brightest” incident response attorneys in the country. David regularly supports clients as the lead investigator and crisis manager for cross-border cyber incidents, including data breaches involving personal data, nation-state threats targeting intellectual property, state-sponsored theft of sensitive U.S. government information, and destructive attacks. David has directed and advised on dozens of complex cyber incident and data breach investigations in the last few years alone. He has counseled companies on major cyber incidents and incident preparedness across virtually every sector of the economy. David represents financial institutions, automotive manufacturers and self-driving car companies, tech companies, telecommunications companies, healthcare companies, insurance companies, defense and aerospace companies, private equity firms and their portfolio companies.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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