January/February 2021 - 104

*

Beginning with 15 so-called pathfinder solicitations in FY
2021, DoD will incorporate the required CMMC level in
new requests for information (RFIs) and requests for
proposals (RFPs). If those requirements appear in a solicitation, the DoD will not award a contract, task order,
delivery order, an option, or even an extension, to a contractor that does not have the current certification necessary for the CMMC level specified. DoD intends to include
such requirements in all solicitations by October 1, 2025.

*

DoD will also require prime contractors to ensure that
their subcontractors are compliant with the CMMC level
appropriate for the subcontracted scope before awarding
the subject subcontracts.

*

Unlike basic NIST compliance assessments, DoD will not
allow contractors to perform their own assessments or to
self-certify compliance with CMMC requirements. All
assessments for CMMC compliance will be performed by
CMMC third-party assessment organizations (C3PAOs),
which are accredited by the CMMC-Accreditation Body
(AB). At the conclusion of those assessments, it will be the
CMMC-AB that will provide the contractor with its
certification.

104 * DEEP FOUNDATIONS * JAN/FEB 2021

While assessments by C3PAOs are mandatory, DoD encourages contractors to perform a self-assessment for the desired
CMMC level before reaching out to a C3PAO to schedule an
assessment. Note that:
*

The results of the formal CMMC assessments and the
eventual certification level will be documented in the
SPRS, much like the results of DoD's NIST SP 800-171
assessments. Those certifications will also generally last
for three years.

*

Most contractors will not require a certification above
CMMC Level 3. At this time, CMMC Levels 4 and 5 will
apply only to contractors that process, store or transmit CUI.

The Interim Rule underscores the increased focus of DoD on
its contractors' compliance with available cybersecurity
measures, making it clear that DoD will step up enforcement
of cybersecurity requirements over time, as DoD contracts
incorporate the requirements. Such enforcement is likely to
result in adverse government action, such as suspensions,
debarments, False Claims Act investigations, citations and
prosecutions. Contractor noncompliance will also likely lead
to bid protests by complying competitors. To avoid such
outcomes, contractors should be proactive and take steps to
ensure both their own and their subcontractors' ability to
comply with all of the new standards.



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January/February 2021

Table of Contents for the Digital Edition of January/February 2021

Contents
January/February 2021 - Intro
January/February 2021 - 1
January/February 2021 - 2
January/February 2021 - Contents
January/February 2021 - 4
January/February 2021 - 5
January/February 2021 - 6
January/February 2021 - 7
January/February 2021 - 8
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