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Townsend Bourne is a partner in the Government Contracts, Investigations and International Trade Practice Group in the firm's Washington, D.C. office. She also is Leader of the firm’s Aerospace, Defense & Government Services Team.

As called for in the May 12, 2021 Cybersecurity Executive Order (“EO”) released by the Biden Administration (discussed here), NIST met its deadline to release a definition of “critical software” within 45 days of the date of the Order.  The determination of what constitutes “critical software” is a key step in the process set forth in the Order for securing the software supply chain, which will culminate sometime next year in new Federal Acquisition Regulations for contractors that supply software.

Continue Reading Right on Time – NIST Releases Definition of “Critical Software” Per Biden’s Cybersecurity Executive Order

In February 2021, President Biden issued Executive Order 14017, “Executive Order on America’s Supply Chains” (discussed here), requiring (among other things) a report within 100-days requiring key government agencies to assess vulnerabilities and consider potential improvements to supply chains in four critical industries – (i) semiconductor manufacturing; (ii) high capacity batteries; (iii) rare earth elements; and (iv) pharmaceuticals.

Continue Reading At a Glance: White House 100-Day Supply Chain Report

The National Institute of Standards and Technology (“NIST”) is seeking comments on its draft NIST SP 800-161 Rev. 1, “Cyber Supply Chain Risk Management Practices for Systems and Organizations,” published on April 29, 2021. The public comment period currently is open and concludes on June 14, 2021. NIST anticipates releasing a second draft in September 2021, with a final version anticipated to be released by April 2022.
Continue Reading Seeking HoNIST Opinions – NIST Invites Comments on Major Revision to Cyber Supply Chain Risk Management Practices for Systems and Organizations (SP 800-161) and Provides Further Software Supply Chain Guidance

On May 12, 2021, the Biden Administration issued its much anticipated “Executive Order on Improving the Nation’s Cybersecurity.” Below are provisions we believe will be of most interest to contractors, as well as any company that provides information technology (“IT”) and operational technology (“OT”) services, cloud computing, software, or internet of things (“IoT”) technology, as the new regulations and standards called for in the Order are likely to have an impact beyond government contractors.
Continue Reading Biden’s Cybersecurity Executive Order

On February 24, 2021, President Biden signed Executive Order 14017, “Executive Order on America’s Supply Chains,” requiring a review of global supply chains that support key U.S. industries in an attempt to improve supply chain security for the U.S. government and U.S. companies. The new Executive Order appears to be an initial step focused on information gathering. Comprehensive reforms and supply chain strategies are likely to follow once the White House has collected key information.
Continue Reading Finding the Weak Links – President Biden Executive Order Demands Review of Critical U.S. Supply Chains

On December 21, 2020, the Department of Defense (“DoD”) published a final rule in the Federal Register that codifies the National Industrial Security Program Operating Manual (“NISPOM”) in the Code of Federal Regulations (“CFR”) at 32 CFR part 117. The rule will become effective on February 24, 2021, giving contractors six months from the effective date to comply with the changes. Comments on the proposed change are due by February 19, 2021.[1]
Continue Reading The NISPOM is Becoming a Regulation & Contractors Have Six Months to Comply

Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently passed the Senate and is heading to the President’s desk. We have been following this legislation closely for the past two years, here and here.  The bill passed in the Senate without amendment by unanimous consent.
Continue Reading IoT Legislation Passes Congress

After many years of being in draft form, NIST recently released its final version of Revision 5 of Special Publication 800-53, Security and Privacy Controls for Information Systems and Organizations to address a need for a more proactive and systematic approach to cybersecurity. With the release of Revision 5, NIST hopes to provide updated security and privacy controls that will make information systems more penetration resistant, limit damages from cyber-attacks, make systems more cyber-resilient, and protect individuals’ privacy. NIST intends this update to be usable by a more diverse set of consumer groups than previous iterations of the document permitted.
Continue Reading NIST Issues Long-Awaited Final Guidance on Security and Privacy Controls – SP 800-53

At long last, the Department of Defense (“DoD”) has provided its interim rule, published in the Federal Register on September 29, 2020, amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to set forth requirements for the Cybersecurity Maturity Model Certification (“CMMC”) program, as well as new requirements for a “NIST SP 800-171 DoD Assessment Methodology.”  The interim rule is effective November 30, 2020, and comments to the interim rule should be submitted by November 30 as well.  Continue reading for our breakdown of key provisions.
Continue Reading DoD’s Long Awaited Rule on CMMC – Plus a New Cybersecurity Assessment Methodology for Contractors to Start Right Now