DOD Contractor Cybersecurity Rule Brings New FCA Risks

“DoD Contractor Cybersecurity Rule Brings New FCA Risks.” This article, published by Law360, looks at how the new CMMC Interim Rule presents issues that could give rise to exposure under the False Claims Act. These issues are present when companies submit their “summary self assessment” using the DCMA scoring methodology for National Institute of Standards and Technology (NIST) SP 800-171.

We know now that these scores are submitted to DoD’s supplier performance database, SPRS, and they are considered by Contracting Officers in making the determination of “responsibility” which must precede new awards. The article is co-authored by my RJO colleagues Alexandria Tindall Webb and Stephen Bacon. We include representative scenarios for FCA exposure and offer recommendations on how contractors can avoid these hazards. Read the full article here.