Business involving classified contracts is becoming increasingly tricky. On the one hand, this is due to the “transitional period” in which DSS currently finds itself. On the other hand, there is anxiety regarding the backlog and process of obtaining both individual as well as facility security clearances and – once obtained – of maintaining the same. Further, a string of more recent changes to NISPOM, including its insider threat requirement, is posing challenges to businesses pursuing classified work. Relatedly, new cyber security rules for controlled unclassified information (CUI) stipulated by DFARS and NIST SP 800-171 impel companies to take specific action by Dec. 31, 2017. This forum is uniquely designed for experts from the government, companies, contractors and law firms to deliberate the challenges, discuss best practices and devise solutions to the most pertinent issues of the day.
Companies under FOCI need to stay alert on many fronts. With DSS being the primary agency in charge to oversee mitigation, other departments such as DOE and DHS stipulate nuanced requirements of their own that companies need to fulfill. In addition, while each of the various mitigation instruments in NISPOM already presents its own challenges, it can become even more complex such as when a National Security Determination (NID) comes into play. Also, the intersection of FOCI mitigation with the CFIUS process necessitates that companies have a well thought-out strategy when embarking on that path.ACI’s inaugural FOCI forum brings together both official and industry expert practitioners to discuss these as well as additional issues of importance in this area. Benefit from participating in these conversations in a way not offered elsewhere.