An overhaul to the U.S. Department of Defense's cybersecurity requirements and a pending rule requiring many contractors to report their greenhouse gas emissions headline a slate of significant policy initiatives for government contractors to watch for during the second half of this year.
Here, Law360 previews four upcoming policy changes with significant potential impacts on government contractors:
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The DOD released a proposed rule in December 2023, with a companion proposed rule implementing CMMC requirements into contracts published on Aug. 15. Contractors are still waiting for answers to questions such as when the department will adopt the latest revision to the National Institute of Standards and Technology's cybersecurity standards underpinning the program, and how to address issues that arise related to that certification process.
Uncertainty also exists around whether enough third-party assessors will be available to timely assess all contractors that will need CMMC certification, said Blank Rome LLP partner Robyn Burrows.
"What happens if you disagree with an outside assessor saying that you haven't achieved a Level 2 certification?" she said. "There's the possibility of losing out on awards — will that impact whether certain procurements are sufficiently competitive, if potential offerors aren't able to get their certification in time?"
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"Gov’t Contracting Policies to Watch in the 2nd Half of 2024," by Daniel Wilson was published in Law360 on August 26, 2024.