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ARTICLE · 05 SEPTEMBER 2024

Latest Proposed CMMC Rule Would Expand Compliance Obligations And Potential FCA Exposure

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Cybersecurity continues to be a significant compliance focus for government contractors and an enforcement focus for the government, as we have previously reported, for example in our September 2023 and March 2024 blog posts.

United StatesTechnology
Tirzah S. Lollar
Tirzah S. Lollar
Thomas Pettit
Thomas Pettit
Trevor G. Schmitt
Trevor G. Schmitt
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Cybersecurity continues to be a significant compliance focus for government contractors and an enforcement focus for the government, as we have previously reported, for example in our September 2023 and March 2024 blog posts. In a January 2024 blog post, we discussed how the December 2023 Department of Defense (DoD) proposed rule laying the foundation for the Cybersecurity Maturity Model Certification (CMMC) Program would bolster cybersecurity but could also present False Claims Act (FCA) risks.

On August 15, 2024, DoD issued another CMMC-focused proposed rule. This rule would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement CMMC through solicitation and contract provisions. The proposed rule confirms that CMMC will expand cybersecurity compliance obligations and liability risks, including under the FCA. If enacted as currently proposed, defense contractors would be required to make express certifications of compliance with CMMC

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