On June 29, 2011, the Department of Defense (DoD) proposed a rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a new subpart and contract clauses to require the safeguarding of unclassified DoD information and mandate the reporting of “cyber incidents.” 76 Fed. Reg. 38089 (June 29, 2011). This rule addresses the safeguarding requirements specified in Executive Order 13556 (E.O. 13556 or the Order), Controlled Unclassified Information, dated November 4, 2011. The proposed rules have significant implications for DoD contractors possessing certain types of unclassified information in terms of safeguarding such information and reporting certain incidents as outlined below.
Click here to view the full text of this alert.