Updates to the November 2024 RTX Flowdown of U.S. Government Contract Clauses

Its 2 clauses can ask you for 8 things.

1. Something somebody else has to issue you2e.g. An assessment by an accredited third-party assessment organization 252.204-7021(d)(1)(i)

   The same day if the issuer is one of your own suppliers, months if it is an assessor or an underwriter.

   • An assessment by an accredited third-party assessment organization

     Owed when the value written at (d)(1)(i) is CMMC Level 2 (C3PAO). At CMMC Level 1 (Self) or Level 2 (Self) no outside assessor is owed, and Level 3 (DIBCAC) is assessed by the Government

     252.204-7021(d)(1)(i)

   • An affirmation of continuous compliance from each of your own suppliers, and a current certificate or status at the level their work calls for

     Owed when you award a subcontract of your own that will process, store or transmit the information — both are due before that award rather than after it

     252.204-7021(d)(4) and (f)(2)
2. A state you have to be in, in a government system3e.g. A current CMMC status at the level written into the order 252.204-7021(d)(1)(i)

   The record has to be posted before the prime can see it, and posting is not the same day as being ready.

   • A current CMMC status at the level written into the order, or higher, held for the life of the work

     Owed when for every information system used on the work that processes, stores or transmits the information — the level is the value the contracting officer wrote into the blank at (d)(1)(i)

     252.204-7021(d)(1)(i)

   • An affirmation of continuous compliance, completed each year in the Supplier Performance Risk System by a named affirming official

     Owed when for each CMMC identifier covering a system used on the work, and it has to be current rather than merely on file

     252.204-7021(d)(3)

   • The results of a current self-assessment entered in that same system

     Owed when each CMMC identifier not covered by a C3PAO assessment or a DIBCAC assessment

     252.204-7021(e)(2)
3. Something you write3e.g. A value engineering change proposal for the construction work FAR 52.248-3(a)

   Days to weeks, and nobody outside your company has to agree to it.

   • A value engineering change proposal for the construction work, developed, prepared and submitted voluntarily

     FAR 52.248-3(a)

   • An appropriate value engineering clause written into your own lower-tier subcontracts

     Owed for a lower-tier subcontract of $90,000 or more; below that it may be included at your option

     FAR 52.248-3(h)

   • A plan of action and milestones carried through to a close

     Owed when the status on record is Conditional rather than Final

     252.204-7021(d)(5)