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DOD Issues Final Rule Codifying The NISPOM | McCarter & English Blog: Government Contracts & Export Controls


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On December 21, 2020, the Department of Defense (DoD) Office of the Undersecretary of Defense for Intelligence & Security published a Final Rule codifying the National Industrial Security Program Operating Manual (NISPOM) currently published as part of DoD Manual 5220.22-M in Title 34, Part 117 of the Code of Federal Regulations. The Final Rule became effective on February 24, 2021.
As many readers are likely aware, the NISPOM plays a key role in the National Industrial Security Program (NISP), the Government’s program for protecting classified information along with specific economic and technological data.
See E.O. 12829 (Jan. 6, 1993) (establishing the NISP and ordering the Secretary of Defense to issue and maintain the NISPOM). In practice, the NISPOM establishes requirements and procedures for the protection of classified information disclosed to or developed by contractors (in addition to similar inf ....

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Contractors Have Six Months to Comply with NISPOM Regulation


Thursday, January 28, 2021
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.
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The NISPOM establishes various requirements and standard procedures for the protection of classified information disclosed to or developed by government contractors. It was first published in 1995 as DoD Manual 5220.22, and was intermittently updated through the years including (most recently) via Conforming Change 1 on March 28, 2013, and NISPOM Change 2 on May 21, 2016. In addition to adding the NISPOM to the CFR, the new rule will incorporate the requirements of Security Exe ....

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November 2020 Bid Protest Roundup (Law360 Spotlight) | Morrison & Foerster LLP - Government Contracts Insights


This installment of our monthly
Law360 bid protest spotlight examines three protest decisions from three different forums: one from the Government Accountability Office (GAO), one from the U.S. Court of Appeals for the Federal Circuit, and one from U.S. Court of Federal Claims (COFC). In
Mayatech Corp., the GAO addressed its jurisdiction to hear bid protests of task orders valued at less than $10 million in limited circumstances. The Federal Circuit also addressed a jurisdictional question this month in
LAX Electronics, Inc., where it interpreted the meaning of the requirement that a bid protest must be “in connection with a procurement or proposed procurement” to invoke the COFC’s bid protest jurisdiction. Finally, in ....

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