Navigating Bid Protests Caused By DOD Cybersecurity Rules

By Robert Metzger, Jeffery Chiow and Stephen Bacon, Rogers Joseph O'Donnell PC (April 18, 2017, 11:57 AM EDT) -- Robert Metzger

Jeffery Chiow

Stephen Bacon By now contractors should be aware that U.S. Department of Defense solicitations must incorporate clauses that mandate the safeguarding of unclassified covered defense information from cyberthreats. Those provisions, specifically Defense Federal Acquisition Regulation Supplement 252.204-7008 and 252.204-7012, require contractors to represent and then provide "adequate security" for CDI that resides on their information technology systems by the end of 2017. At a minimum, contractors must implement the requirements specified by National Institute of Standards and Technology Special Publication 800-171.

Compliance with these new requirements will be challenging for many contractors, particularly small businesses. As with the...

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