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A great read outlining cybersecurity litigation from recent cases, relating to U.S Federal contracts and contractors. Many will be aware of the Aerojet Rocketdyne and CHS cases, and Whistleblower actions. What is interesting is the increasing Bid Protest cases that site cybersecurity requirements.
While by no means a watershed, they look to be used by competitors of companies that have won contracts to challenge contract award. Using cybersecurity as a means to challenge the awarding of a contract. As the article points out, although protests were denied,
‘decisions demonstrate that an awardees inability to meet applicable cybersecurity requirements could form the basis for a meritorious bid protest’.
For contractors the challenge is one of cybersecurity compliance, whistleblowers and bid protests. When it comes to claiming FEDRamp compliance it won’t be long before the ‘shared responsibility model’ will be used as a challenge. While companies may use FEDRamp compliant services the shared responsibility model with cloud and services providers requires customer to manage a range of controls associated with the FEDRamp compliant service.
Ted Dziekanowski
#cybersecurity #legalcyber #cybersecurityriskmanagement #governance #risk #compliance #theaugustagroup
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