DFARS | The Contracting Education Academy

January 19, 2021 By cs

Government contractors may include restrictive markings on ‘unlimited rights’ data

The U.S. Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (ASBCA) denial of summary judgment and held that a federal contractor may include certain restrictive markings on “unlimited rights” data supplied to the U.S. government.

Boeing entered into two contracts with the U.S. Air Force that required Boeing to deliver technical data to the Air Force with “unlimited rights” pursuant to Defense Federal Acquisition Regulation Supplement 252.227-7013 (-7013 clause).

Boeing marked each technical data deliverable submitted to the Air Force with a legend that described Boeing’s data rights pertaining to third parties. The government rejected Boeing’s technical data deliverables in view of the legend Boeing placed on the data, and Boeing requested a Contracting Officer Final Decision (COFD) regarding the propriety of its marking. The Air Force issued a COFD for each contract, confirming the rejection of technical data marked with Boeing’s legend as a nonconforming marking because it was not in the authorized format pursuant to paragraph (f) of the -7013 clause (Subsection 7013(f)).

Keep reading this article at: https://www.natlawreview.com/article/government-contractors-may-include-restrictive-markings-unlimited-rights-data

Read the Court of Appeals decision here: https://law.justia.com/cases/federal/appellate-courts/cafc/19-2147/19-2147-2020-12-21.html

January 4, 2021 By cs

On-line classes announced for 1st quarter of 2021

The Contracting Education Academy at Georgia Tech has announced four courses to be presented virtually during the first three months of 2021.

The courses to be presented are:

A Contracting Overview of the FAR (CON 090-1) – Jan. 19 – 22, 2021
FAR Fundamentals (FCN 190) – Feb. 1 – 12, 2021
Contract Planning in the FAR (CON 090-2) – Feb. 22 – 26, 2021
Contract Formation in the FAR (CON 090-3) – Mar. 8 – 12, 2021

Here’s a brief recap of each course, along with a link to price, registration and other details for each course:

A Contracting Overview of the FAR (CON 090-1) – Jan. 19 – 22, 2021 – Covers the identification of the basic principles of federal government contracting, including the structure and content of the Federal Acquisition Regulation (FAR) and agency supplements. Students learn how to locate, cite, and interpret regulations. More details here: http://www.pe.gatech.edu/courses/con-090-1-contracting-overview-far

FAR Fundamentals (FCN 190) – Feb. 1 – 12, 2021 – Designed for both GS-1102 contracting personnel as well as aspiring government contractors, this 10-day course conveys basic knowledge of the Federal Acquisition Regulation (FAR), including how to apply the rules in order to make appropriate decisions at each step of the contracting process. More details here: http://www.pe.gatech.edu/courses/con-090-2-contract-planning-far

Contract Planning in the FAR (CON 090-2) – Feb. 22 – 26, 2021 – Covers acquisition planning, market research, describing agency needs, the preference for commercial and non-developmental items, contract types, special contracting techniques, socioeconomic programs, special terms and conditions, contractor qualifications, and advertising requirements. More details here: http://www.pe.gatech.edu/courses/con-090-2-contract-planning-far

Contract Formation in the FAR (CON 090-3) – Mar. 8 – 12, 2021 – Covers policies and procedures for simplified acquisitions, sealed bidding as well as negotiated acquisitions, cost accounting standards, special contracting methods and emergency acquisitions, and the filing and handling of protests. More details here: http://www.pe.gatech.edu/courses/con-090-3-contract-formation-far

A schedule of other courses coming up in 2021 can be found at: https://contractingacademy.gatech.edu/training/

December 24, 2020 By cs

Pentagon announces 7 procurements to test out new CMMC process

The Defense Department on Thursday disclosed the first seven contracts that are likely to be the initial test cases for the Cybersecurity Maturity Model Certification (CMMC) program, DoD’s new approach to shoring up its suppliers’ IT security.

The department stopped short of a full commitment to subject the forthcoming Navy, Air Force and Missile Defense Agency procurements to CMMC’s requirements.

In a statement, DoD said only that they are “candidates” under consideration to serve as pathfinders.

The projects, as described by the Pentagon, are:

Navy

Integrated Common Processor
F/A-18E/F Full Mod of the SBAR and Shut off Valve
Yard services for the Arleigh Burke Class destroyer

Air Force

Mobility Air Force Tactical Data Links
Consolidated Broadband Global Area Network Follow-On
Azure Cloud Solution

Missile Defense Agency

Technical Advisory and Assistance Contract

The department did not immediately provide further details on the procurements beyond the descriptions above, but said each of the contracts are expected to be awarded in fiscal 2021.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/12/pentagon-reveals-first-contracts-to-serve-as-pathfinders-for-cmmc/

December 8, 2020 By cs

What DoD’s cyber certification program reveals about info-sharing challenges

As the new regime takes effect, the tech industry’s lead trade association would rather higher level certifications be done by the department than independent third parties.

The Information Technology Industry Council is arguing that the foundation of U.S. cybersecurity policy — information sharing between organizations — presents a security threat that is too costly for many to address in response to a rule implementing the Pentagon’s Cybersecurity Maturity Model Certification Program.

The CMMC program was designed to change the Defense Department’s practice of having contractors simply attest to their own level of cybersecurity and institute a system of third-party auditors to validate required practices are in place.

The department’s Defense Contract Management Agency currently conducts audits of contractors’ cybersecurity through Defense Industrial Base Cybersecurity Assessment Center, or DIBCAC, assessments. But Katie Arrington, the DoD official heading up the CMMC program, said a new ecosystem of private third-party assessors is necessary to scale such reviews across all of the approximately 300,000 companies the department relies on.

Organizations hoping to work with the Defense Department would be required to obtain certification through an accreditation body that entered into a no-cost contract with the Defense Department on Nov. 25. The currently all-volunteer organization will be funded through fees it receives from assessors it trains to conduct audits and individuals it approves as qualified to consult with prospective contractors on CMMC requirements.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2020/12/what-dods-cyber-certification-program-reveals-about-info-sharing-challenges/170400/

December 4, 2020 By cs

Pentagon ready to name first 15 ‘pathfinder’ contracts for CMMC

It’s a significant week for the Defense Department’s Cybersecurity Maturity Model Certification program: New rules that serve as a precursor to the full CMMC implementation took effect on Tuesday, and an announcement of the first 15 contracts that will serve as “pathfinders” for the new model are imminent.

That initial set of procurements would represent the first real-world use of CMMC, the program the department has been building for the past year-and-a-half to shore up the cybersecurity of its industrial base. So far, DoD acquisition officials have only applied the model to contracts in non-punitive tabletop exercises, and without publicly identifying the contracts involved.

The department expects to name the first 15 pathfinders within “the next few days,” Katie Arrington, the chief information security officer in DoD’s acquisition and sustainment office told an industry conference. The announcement has been highly-anticipated as the defense industry waits to see how many vendors could be impacted by the initial pathfinder process.

Meanwhile, earlier this week, two precursors to the full CMMC rollout took effect — part of a sweeping rule change DoD promulgated in September to implement the program. Going forward, almost all vendors bidding on new contracts will have to log into a web portal and attest to which specific security controls in NIST Special Publication 800-171 they’re currently complying with.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/12/pentagon-ready-to-name-first-15-pathfinder-contracts-for-cmmc/