In a new client alert, Bradley Arant Boult Cummings LLP’s Ty Dedmon and Niya McCray suggest ways counsel to a defense contractor can provide substantial value in a client’s efforts to meet the NIST 800-171 standards. While DoD has long required its contractors to implement sound cybersecurity measures to protect covered information, new regulations define “adequate security” as compliance with all 109 of the security controls described in NIST 800-171. These requirements apply regardless of a vendor’s size or the value of its contracts. Failing to meet these standards can result in liability under the False Claims Act or breach of contract claims, and could lead to contract termination or suspension or debarment.
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Three Ways that Counsel Can Assist Defense Contractors Achieve Proactive Compliance with DoD’s Newly Effective Cybersecurity Requirements
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