New DOD Cyber Rules Create Fertile Bid Protest Grounds

By Lucas Hanback and Jeffery Chiow (January 22, 2021, 5:26 PM EST) -- Since Nov. 30, 2020, all U.S. Department of Defense solicitations, except those for commercial off the shelf items, have included Defense Federal Acquisition Regulation Supplement clause 252.204-7019, to require assessment of contractor compliance with cybersecurity requirements.[1]

Additionally, certain solicitations, other than those for commercial off the shelf items, have included DFARS clause 252.204-7021 to phase in the implementation of Cybersecurity Maturity Model Certification, or CMMC, requirements.[2]

These clauses were published together on Sept. 29, 2020, as part of an interim rule intended to assess contractor implementation of cybersecurity requirements.[3] There are many questions about what the new interim rule means for...

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