On December 1, 2017, the Department of Defense (DoD) updated its internal guidance regarding compliance with the requirements of Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting." Specifically, the office of Defense Procurement and Acquisition Policy (DPAP) updated its Procedures, Guidance and Information (PGI) with respect to DFARS 252.204-7012. Despite the fact that the PGI provides internal procedures, guidance and supplemental information to DoD, it enables contractors to glean insight into how DoD interprets its own regulations. Highlights of the updated PGI include:

  • Directing the requiring activity to create a "work statement or specification that includes the identification of covered defense information [(CDI)] or operationally critical support." This is consistent with DoD statements to industry that procuring entities are responsible for notifying contractors when contract performance involves CDI.
  • Removing statements that (i) the safeguarding requirements apply until such time as the requiring activity removes or changes the designation, and (ii) the CO must coordinate with the requiring activity about disposition of CDI associated with a contract.
  • Clarifying that DoD is responsible for designating one point of contact to coordinate "additional actions required of the contractor, on behalf of affected DoD components." 
  • Specifying that once a damage assessment is complete, the requiring activity must provide the CO with a report that documents "actions taken to close out the cyber incident."

Defense contractors should review this updated guidance to ensure strict compliance with DFARS 252.204-7012.

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