Introduction

The Department of Defense (DoD) continually updates its cybersecurity protocols to safeguard sensitive information within the Defense Industrial Base (DIB). The latest memorandum, “Implementing the Cybersecurity Maturity Model Certification (CMMC) Program” (DoD), introduces significant changes to the Cybersecurity Maturity Model Certification (CMMC) requirements, directly impacting contractors and service providers. This paper examines these updates, addresses critical compliance challenges, and outlines how Atlantic Digital (ADI) helps clients achieve compliance.

Understanding the Latest DoD Memo on CMMC

The recent DoD memorandum formalizes the CMMC framework by confirming a phased implementation and clarifying the conditions under which different levels of certification are required. It also provides new guidance on waivers and subcontractor compliance. 

Key updates include: 

• CMMC certification requirements will be introduced incrementally based on the publication of the final DFARS rule, 2019-D041. Contractors must prepare for increasing compliance obligations over the next two years as Level 1, Level 2, and Level 3 requirements take effect. 

• The memo reiterates that CMMC Level 3 requirements should not be unnecessarily imposed on subcontractors unless they handle mission-critical CUI. Program Managers are advised to take a risk-based approach when determining subcontractor obligations. 

• Service and Component Acquisition Executives (SAE/CAE) may waive CMMC certification requirements under certain conditions but must still ensure compliance with cybersecurity safeguards.  

Phased Implementation Process 

The DoD memo confirms that CMMC implementation will begin once the final Title 48 CFR rule is published. Implementation will proceed as follows: 

• Upon publication of the final DFARS rule, 2019-D041, CMMC Level 1 requirements will take effect for applicable contracts. 

• One year after DFARS publication, CMMC Level 2 assessments will be introduced as part of the phased implementation process. 

• Two years after DFARS publication, CMMC Level 3 certification assessments will be mandatory, when appropriate.  

• The DoD will update Instruction 8582.01 and provide additional guidance regarding the application of NIST SP 800-172 protections for Level 3 contractors. 

CMMC Level Assessments 

CMMC builds upon NIST SP 800-171 self-assessments already obligatory under DFARS 252.204-7019, and organizations must continue conducting these assessments as required. Additionally, the CMMC Program requires pre-award assessments of covered contractor information systems against prescribed cybersecurity standards for safeguarding Controlled Unclassified Information (CUI) and Federal Contract Information (FCI). 

Assessment Breakdown: 

• CMMC Level 1 requires an annual self-assessment against 17 basic cybersecurity practices, based on the Federal Acquisition Regulation (FAR) 52.204-21. 

• CMMC Level 2 requires adherence to NIST SP 800-171 requirements. Depending on the sensitivity of the Controlled Unclassified Information (CUI) handled, assessments may be either self-assessments or conducted by a Certified Third-Party Assessment Organization (C3PAO). 

• CMMC Level 3 requires a DoD-led assessment, incorporating NIST SP 800-172 enhanced security requirements. 

Flow-Down Requirements for Subcontractors  

The memo warns that CMMC Level 3 requirements should not be unnecessarily flowed down to all subcontractors, as this could impose undue financial and administrative burdens. Program Managers must ensure only essential subcontractors handling mission-critical CUI are subject to Level 3 requirements.  

New CMMC Waiver Process 

The memo establishes a waiver process, allowing SAE/CAE officials to waive CMMC certification under specific conditions. Waivers do not remove cybersecurity compliance obligations but offer flexibility in cases where certification requirements could limit competition. 

Waiver Guidelines: 

• CMMC waivers may be granted on a case-by-case basis by SAE/CAE officials 

• All cybersecurity requirements remain in effect, regardless of whether a waiver is granted. 

• According to the memo, “There are no circumstances likely to warrant approval of requests to waive CMMC Level 1 requirements.” 

• The memo confirms that some “…CMMC Level 2 third-party assessment requirements may be waived under certain conditions,” but “there are no circumstances likely to warrant approval of requests to waive CMMC Level 2 self-assessment requirements.”  

• Waivers for Level 3 contractors will be highly limited due to their handling of mission-critical CUI. 

Identified Compliance Challenges

While the DoD memo provides clarity on CMMC requirements, additional challenges arise when managing information such as Export-Controlled Information (EXPT), which is regulated under separate frameworks like the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Unlike Controlled Technical Information (CTI), which directly triggers CMMC Level 2 requirements under DoD contracts, EXPT is a broader category of Controlled Unclassified Information (CUI) that applies across multiple federal agencies, including the Departments of Commerce and State. As a result, contractors handling EXPT may face cybersecurity requirements that extend beyond DoD mandates and into multi-agency oversight (DoD, Export Solutions). 

Key Challenges 

• Export Controlled (EXPT) information is classified as Controlled Unclassified Information (CUI) under the National Archives’ CUI Registry. This classification encompasses unclassified technical data, software, or other items subject to export restrictions under the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) (National Archives, DoD) 

• While EXPT itself is not categorized as Controlled Technical Information (CTI), there are instances where the same dataset may be classified as both EXPT and CTI (National Archives, National Archives). In such cases, contractors may be required to comply with multiple regulatory frameworks, including DFARS 252.204-7012 and export control laws. 

• The presence of EXPT in a Department of Defense (DoD) contract does not automatically trigger CMMC certification requirements. However, if a contract involves both EXPT and CTI, the contractor may be required to undergo a full CMMC Level 2 assessment due to the handling of CTI. Additionally, in cases where a non-DoD agency is involved, equivalent cybersecurity measures may be required even if the DoD does not impose them directly. 

• Since ITAR and EAR compliance imposes security requirements beyond those outlined in NIST SP 800-171, organizations must implement a dual compliance strategy. Contractors should assess regulatory obligations across all awarding agencies to ensure alignment with both DoD and export control cybersecurity requirements. 

In this sense, understanding the interplay between CMMC, DFARS, and export control regulations is critical for organizations handling sensitive government data. The presence of EXPT can introduce additional layers of compliance, even when CMMC is not explicitly required by DoD. Contractors must evaluate regulatory obligations beyond DoD contracts, ensuring that cybersecurity measures align with both defense and non-defense federal agency requirements. 

Atlantic Digital’s (ADI’s) Strategy and Compliance Solutions

Atlantic Digital offers a strategic approach to navigating CMMC compliance, ensuring organizations meet the necessary standards while addressing challenges posed by complex regulatory frameworks. ADI’s team helps contractors determine their certification requirements, implement necessary safeguards, and provide solutions to comply with both DoD mandates and broader federal regulations. Through comprehensive risk assessments, ongoing education, and specialized support, ADI ensures that clients can confidently meet their compliance obligations, optimize their security measures, and remain competitive in the defense sector. 

How ADI Helps Clients Achieve Compliance: 

• ADI assists clients in aligning multiple frameworks, offering contract-based certification guidance, and determining whether CMMC certification is required based on contract requirements from DoD and other federal agencies. 

• ADI advises clients on separating CUI from other sensitive data to avoid excessive security obligations on subcontractors, in accordance with DoD recommendations. 

• ADI works with clients to educate subcontractors on their cybersecurity responsibilities to enhance compliance and reduce risks. 

• ADI stays updated on changes to DFARS, CMMC methodologies, and regulatory guidance, ensuring clients remain compliant with strict cybersecurity requirements. 

Conclusion

The evolving cybersecurity landscape demands that contractors remain agile and informed. The latest DoD CMMC implementation memo provides clarity on assessment levels, waivers, and subcontractor requirements. However, challenges remain for organizations handling information regulated under separate frameworks, requiring a strategic approach to compliance. Atlantic Digital empowers clients to meet these challenges by offering expert guidance on aligning multiple cybersecurity frameworks, minimizing unnecessary security obligations, and ensuring compliance with both DoD and other regulations. 

ADI’s comprehensive solutions ensure that clients can navigate the complexities of CMMC compliance, mitigate risks, and achieve robust cybersecurity resilience. For expert CMMC strategy and compliance solutions, contact ADI today to ensure your business remains secure and competitive in the evolving defense sector.