As part of a recent significant proposal, the Federal Acquisition Regulation (FAR) Council, responsible for establishing appropriate acquisition policies and procedures consistent with applicable laws, has introduced two new proposed cybersecurity rules. Bearing potentially serious implications, these rules, if implemented, would significantly impact the workings of government prime and subcontractors.
The first of the two provisions, FAR Case No. 2021-017, aims to establish an array of new cyber-incident reporting requirements. These requirements would be obligatory for nearly all government contractors, representing a profound shift in the current cybersecurity landscape.
The second proposal, FAR Case No. 2021-019, focuses on harmonizing cybersecurity contractual obligations across Federal agencies. Given the pervasive nature of cyber threats across the various government sectors, the development of standardized contractual requirements may provide a more cohesive frontline of defense.
These propositions from the FAR Council signify a renewed focus on cybersecurity, acknowledging the increasing digital threats faced by the public and private sectors alike. The draft regulations, made public on October 3, 2023, beckon further introspection into the potential effects on vendors contracting with Federal agencies.
The details of these proposed rules remain under scrutiny, awaiting input from various stakeholders. Legal professionals representing or involved with government contractors should remain vigilant, preparing their clients for possible adjustments in response to these changing cybersecurity requirements.