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March 25, 2021 By cs

CMMC: The dramatic year of the Pentagon’s contractor cybersecurity program

In 2020, an ambitious Defense Department effort to account for its suppliers’ cybersecurity had many in the community kicking and screaming in tow, but represents a new collective policy thrust that won’t be dismissed.  

The program, led by Katie Arrington, the chief information security officer for Defense acquisitions, is based on the idea that the government should incorporate security standards into its contract administration.

Arrington’s presentations on the program often include an estimate of how much is lost each year through cyber disruptions — $600 billion, according to research cited in the DOD’s answers to frequently asked questions about the program — and highlight intellectual property theft by China.

Before the idea of CMMC, companies within the defense industrial base simply pledged their adherence to cybersecurity practices outlined by the National Institute of Standards and Technology. A 2015 rule required Defense contractors to report cyber incidents and to provide “adequate security” using NIST Special Publication 800-171 to protect covered information. But it wasn’t until summer 2019 that the Defense Department started checking whether companies were implementing the standard.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2021/01/cmmc-dramatic-year-pentagons-contractor-cybersecurity-program/171084/

Filed Under: Government Contracting News Tagged With: CMMC, CMMC AB, CMMC accreditation, CMMC Accreditation Body, contractor information systems, cybersecurity, Cybersecurity Maturity Model Certification, DCMA, Defense Industrial Base Cybersecurity Assessment Center, DFARS, DIBCAC, DoD, FAR, federal regulations, industry feedback, manufacturing, NIST, SP 800-171

February 25, 2021 By cs

New final rule limits use of LPTA

Businesses and consumers make complex trade-off decisions every day when buying and selling supplies and services.

Sometimes it makes sense to pay more or charge more for a supply or service when quality improvements, added features, or other considerations justify the price.  Other times, paying more or adding features provides no meaningful benefit so we opt for the least expensive item that satisfies our needs.

The federal government uses this same framework, dubbed the “best value continuum,” in negotiated acquisitions.  On one end of this continuum is a full trade-off, where non-price factors, e.g., quality and past performance, take precedence over price.  On the opposite end of the continuum is the lowest price technically acceptable (LPTA) process.  Under LPTA, the government determines its minimum acceptable technical requirements and then seeks to award a contract to the lowest priced offeror who meets the minimum requirements.

Federal agencies have been criticized for overusing the LPTA source selection process, based on the concerns that LPTA procedures chill innovation and hamstring agencies who could benefit from trading cost or price considerations for technically superior capabilities. The business community also criticized government reliance on LPTA to purchase safety-related items; such items should not be purchased based on minimum standards.

In response to these criticisms, Congress included Section 880 in the Fiscal Year (FY) 19 National Defense Authorization Act (NDAA), stating: “[i]t shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the government the benefits of cost and technical tradeoffs in the source selection process.”

Keep reading this article at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/1034008/you-get-what-you-pay-for-new-final-rule-limits-use-of-lpta

See Jan. 14, 2021 Final Rule affecting LPTA at: https://www.govinfo.gov/content/pkg/FR-2021-01-14/pdf/2020-29087.pdf

Filed Under: Uncategorized Tagged With: best value, best value continuum, FAR, FAR Council, final rule, lowest price, lowest price technically acceptable, LPTA, NDAA, negotiated price, past performance, quality, service contracts, source selection, technical requirements, trade off, tradeoff, value

February 23, 2021 By cs

Size recertification prior to contract award – When is it required?

The U.S. Court of Federal Claims (COFC) decision in HWI Gear, Inc. v. United States highlights the importance of reviewing a solicitation to determine if the text of Federal Acquisition Regulation (FAR) 52.219-28 is included in it, as well as the risk of engaging in corporate transactions while a proposal to a procuring agency is pending.

In this case, the COFC held that an offeror was required to recertify its size status during a procurement, and the agency’s failure to enforce this requirement invalidated the award.

In HWI Gear, Mechanix Wear, Inc. (Mechanix) and HWI Gear, Inc. (HWI) submitted proposals in response to a solicitation set aside for small businesses. After proposal submission but before award, Mechanix informed the procuring agency that it had changed its corporate structure from a corporation to a limited liability company and changed its corporate name, but that all other terms and conditions in its proposal remained unchanged. Mechanix, however, did not inform the agency that its change in corporate structure was the result of a merger with a large business and that Mechanix no longer qualified as a small business under the size standard established for the procurement. The agency ultimately selected Mechanix as the awardee, and HWI filed a bid protest challenging the agency’s evaluation.

Keep reading this article at: https://www.jdsupra.com/legalnews/size-recertification-prior-to-award-4583775/

Filed Under: Government Contracting News Tagged With: certification, COFC, contract award, Court of Federal Claims, FAR, recertification, size standards, small business

February 16, 2021 By cs

Bid protests: The what, who, when, and where

When thinking about bid protests, it is helpful to first look at the basics.
  • What is a bid protest,
  • Who can file a bid protest,
  • When is a bid protest filed, and
  • Where is a bid protest filed?

For anyone going through a bid protest, hiring a knowledgeable attorney who is experienced in this area can be beneficial in providing guidance through the process.  But as a primer, here is an outline of the what, who, when and where of bid protests involving government contracts.

Keep reading this article at: https://www.jdsupra.com/legalnews/bid-protests-the-what-who-when-and-where-7486301/

Filed Under: Government Contracting News Tagged With: award protest, bid protest, COFC, Court of Federal Claims, FAR, GAO, interested party, pre-award protest

February 15, 2021 By cs

CMMC model tweaks coming after industry feedback

The foundation of the Cybersecurity Maturity Model Certification (CMMC) — the Department of Defense’s new cyber requirements for contractors — will see some coming changes, its leaders recently said.

The DOD will make alterations to the highest level of the five-tier security model after receiving public comments on the recently issued CMMC Defense Federal Acquisition Regulation System rule.

The department issued an “interim final” rule in September instead of first issuing a proposed rule, which meant the rule took effect upon publication. But there was still a 60-day comment period for industry to weigh in. The Office of Management and Budget, which hosts the council overseeing acquisition rules, allowed for this because of “the threat to national security” embedded in supply chain vulnerabilities, Jessica Maxwell, a DoD spokeswoman said in a statement.

Keep reading this article at: https://www.fedscoop.com/cmmc-model-assessment-guide-to-get-tweaks-after-feedback-from-industry/

 

Filed Under: Government Contracting News Tagged With: CMMC, CMMC AB, CMMC accreditation, CMMC Accreditation Body, contractor information systems, cybersecurity, Cybersecurity Maturity Model Certification, DCMA, Defense Industrial Base Cybersecurity Assessment Center, DFARS, DIBCAC, DoD, FAR, federal regulations, industry feedback, manufacturing, NIST, SP 800-171

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