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Insights & Intel
A Sigh of Relief: DoD Issues Class Deviation for DFARS 252.204-7012
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May 7, 2024
Michelle Bovy
On May 2, 2024, the U.S. Department of Defense (DoD) issued an important class deviation that provides necessary relief for contractors endeavoring to comply with ever-changing cybersecurity requirements.
The deviation applies to Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012,
Safeguarding Covered Defense Information and Cyber Incident Reporting
, and alters the requirement that contractors must comply with the most current version of National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171,
Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations
, in existence at the time of solicitation issuance.
Absent the deviation, as soon as NIST implements a new final version of SP 800-171, the new version would take immediate effect. The deviation eliminates this absurd and impractical result.
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Experts
Tina Reynolds
Partner, Morrison Foerster LLP
Tina Reynolds is a partner in Morrison & Foerster’s Government Contracts practice. She represents a wide variety of government contractors including information technology, defense, biotechnology and pharmaceutical companies, with a focus on general contract counseling, compliance, and lit...
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