The enclosed from the DoD Defence Logistics Agency (DLA) may have implications if you are a supplier to the DoD and require export controlled

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The enclosed from the DoD Defence Logistics Agency (DLA) may have implications if you are a supplier to the DoD and require export controlled technical data which is CUI for procurement opportunities.

The CMMC interim final ruling was passed in November 2020. One requirement is for DoD Defence contractors and subcontractors impacted by DFARS 252.204-7012 to submit their NIST SP 800-171 cyber scores to the DoD Supplier Performance Risk System (SPRS). As of the 16th of August 2021 if a company does not have its NIST compliance score input in SPRS it won’t have access to export controlled technical data from the DLA.

Submitting any score may not work. For one DFARS 252.204-7019 (Notice of NIST Assessment Requirements) and provides offerors information on conducting assessment using the DoD DAM methodology, allowing for DCMA to ask for assessment materials. When and if CMMC starts and CMMC level compliance is required for defence contracts. Questions could be raised about previous compliance assessments under the False Claims Act.

Ted Dziekanowski Brian McCarthy Jason Spezzano

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