[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70592-70593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24562]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket DARS-2020-0038; OMB Control No. 0750-0004]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement (DFARS); Assessing Contractor Implementation of 
Cybersecurity Requirements

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DOD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, DoD 
announces the proposed extension of a public information collection 
requirement and seeks public comment on the provisions thereof. DoD 
invites comments on: whether the proposed collection of information is 
necessary for the proper performance of the functions of DoD, including 
whether the information will have practical utility; the accuracy of 
the estimate of the burden of the proposed information collection; ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology. The Office of 
Management and Budget (OMB) has approved this information collection 
for use through April 30, 2021. DoD proposes that OMB extend its 
approval for use for three additional

[[Page 70593]]

years beyond the current expiration date.

DATES: Consideration will be given to all comments received by January 
4, 2021.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0750-0004, using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include OMB Control Number 0750-0004 in 
the subject line of the message.
    Mail: Defense Acquisition Regulations System, Attn: Ms. Heather 
Kitchens, OUSD(A&S)DPC(DARS), 3060 Defense Pentagon, Room 3B938, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Heather Kitchens, telephone 571-
372-6104.

SUPPLEMENTARY INFORMATION: Title and OMB Number: Defense Federal 
Acquisition Regulation Supplement (DFARS), Assessing Contractor 
Implementation of Cybersecurity Requirements; OMB Control Number 0750-
0004.
    Affected Public: Businesses and other for-profit entities.
    Respondent's Obligation: Required to obtain or retain benefits.
    Type of Request: Extension of a currently approved collection.
    Reporting Frequency: On occasion.
    DOD estimates the annual public reporting burden for the 
information collection as follows:

a. Basic Assessment

    Respondents: 13,068.
    Responses per respondent: 1 approximately.
    Total annual responses: 13,068.
    Hours per response: .75.
    Total burden hours: 9,801.

b. Medium Assessment

    Respondents: 200.
    Responses per respondent: 1.
    Total annual responses: 200.
    Hours per response: 8.
    Total burden hours: 1,600.

c. High Assessment

    Respondents: 110.
    Responses per respondent: 1.
    Total annual responses: 110.
    Hours per response: 420.
    Total burden hours: 46,200.

d. Total Public Burden (All Entities)

    Respondents: 13,068.
    Total annual responses: 13,378.
    Total burden hours: 57,601.

e. Total Public Burden (Small Entities)

    Respondents: 8,823.
    Total annual responses: 9,023.
    Total burden hours: 41,821.

    DoD requested and OMB authorized emergency processing of an 
information collection that was assigned OMB Control Number 0750-0004. 
DFARS interim rule, Case 2019-D041, Assessing Contractor Implementation 
of Cybersecurity Requirements, published in the Federal Register at 85 
FR 61505 on September 29, 2020, also provided a discussion of this 
information collection requirement.
    Needs and Uses: The collection of information is necessary for DoD 
to immediately begin assessing where vulnerabilities in its supply 
chain exist and take steps to correct such deficiencies. In addition, 
the collection of information is necessary to ensure Defense Industrial 
Base (DIB) contractors that have not fully implemented the NIST SP 800-
171 security requirements pursuant to DFARS 252.204-7012, Safeguarding 
Covered Defense Information and Cyber Incident Reporting, begin 
correcting these deficiencies immediately.
    This collection of information supports implementation of section 
1648 of the National Defense Authorization Act for Fiscal Year 2020 
(Pub. L. 116-92). Section 1648(c)(2) directs the Secretary of Defense 
to develop a risk-based cybersecurity framework for the DIB sector, 
such as the Cybersecurity Maturity Model Certification (CMMC) 
framework, as the basis for a mandatory DoD standard. This requirement 
is implemented in the DFARS through the provision at 252.204-7019, 
Notice of NIST SP 800-171 DoD Assessment Requirement, and the clause at 
252.204-7020, NIST SP 800-171 DoD Assessment Requirements. This 
information collection covers the following requirements:
     DFARS 252.204-7019, Notice of NIST SP 800-171 DoD 
Assessment Requirement, is prescribed for use in all solicitations, 
including solicitations using FAR part 12 procedures for the 
acquisition of commercial items, except for solicitations solely for 
the acquisition of commercially available off-the-shelf (COTS) items. 
Per the new provision, if an offeror is required to have implemented 
NIST SP 800-171 per DFARS clause 252.204-7012, then the offeror shall 
have a current assessment posted in the Supplier Performance Risk 
System (SPRS)for each covered contractor information system that is 
relevant to the offer, contract, task order, or delivery order in order 
to be considered for award. If the offeror does not have summary level 
scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 
3 years old, unless a lesser time is specified in the solicitation) 
posted in SPRS, the offeror may conduct and submit a Basic Assessment 
for posting in SPRS.
     DFARS 252.204-7020, NIST SP 800-171 DoD Assessment 
Requirements, is prescribed for use in in all solicitations and 
contracts, including solicitations and contracts using FAR part 12 
procedures for the acquisition of commercial items, except for 
solicitations and contracts solely for the acquisition of COTS items. 
The clause requires the contractor to provide the Government access to 
its facilities, systems, and personnel in order to conduct a Medium or 
High Assessment, if necessary. For Basic Assessments, the contractor 
may submit summary level scores for posting to SPRS. Medium Assessments 
are assumed to be conducted by DoD Components, primarily by Program 
Management Office cybersecurity personnel, in coordination with the 
Defense Contract Management Agency (DCMA) Defense Industrial Base 
Cybersecurity Assessment Center (DIBCAC), as part of a separately 
scheduled visit (e.g., for a Critical Design Review). High Assessments 
will be conducted by, or in conjunction with, the DCMA DIBCAC. The 
Department may choose to conduct a Medium or High Assessment when 
warranted based on the criticality of the program(s)/technology(ies) 
associated with the contracted effort(s). For example, a Medium 
Assessment may be initiated by a Program Office that has determined 
that the risk associated with their programs warrants going beyond the 
Basic self-assessment. The results of that Medium Assessment may 
satisfy the Program Office, or may indicate the need for a High 
assessment. DoD will provide Medium and High Assessment summary level 
scores to the contractor and offer the opportunity for rebuttal and 
adjudication of assessment summary level scores prior to posting the 
summary level scores to SPRS. The requirements of this clause flow down 
to subcontractors.

Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2020-24562 Filed 11-4-20; 8:45 am]
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