Jackson Kelly PLLC

Government Contracts Monitor

Short Take: Controlled Technical Information Two-year Anniversary

November 16, 2015

By: Lindsay Simmons

DFARS Clause 252.204-7012 has been required in all solicitations and contracts for two years now. It provides minimum standards to protect DoD unclassified Controlled Technical Information (CTI) that resides on or is transmitted through a contractor’s unclassified networks.

What is CTI?

It’s defined as technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

How is CTI different from IP?

The government views technical information as any technical data or computer software that can be used in the design, production, manufacture, development, testing, operation, or maintenance process of goods or materiel; or any technology that advances the state of the art in an area of

significant military applicability to the United States. Contractors often consider data or software they create to be their intellectual property.  But if it is, they must take steps to protect it as IP.

Does the Government monitor compliance?

The DFARS rule does not require monitoring of contractor implementation of the required security controls. But failure to implement controls to protect covered CTI would be a breach of contract.

Lindsay Simmons is responsible for the contents of this Short Take.
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