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56 FR 36289, July 31, 1991, unless otherwise noted.
90 FR 43574, Sept. 10, 2025, unless otherwise noted.
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(a) Award eligibility.
(1) The contracting officer shall include in the solicitation the required CMMC level, if provided by the program office or the requiring activity.
(2) Contracting officers shall not award a contract, task order, or delivery order to an offeror that does not have a current CMMC status at the CMMC level required by the solicitation.
(3) Contractors are required to achieve, at time of award, a CMMC status at the CMMC level specified in the solicitation, or higher, for all information systems used in the performance of the contract, task order, or delivery order that will process, store, or transmit FCI or CUI. Contractors are required to maintain a current CMMC status at the specified CMMC level or higher, if required by the contract, task order, or delivery order, throughout the life of the contract, task order, or delivery order.
(b) CMMC status.
(1) Contracting officers may award a contract, task order, delivery order, or modification to exercise an option or extend a period of performance, if the offeror's or contractor's CMMC status is—
(i) Listed in the definition of “CMMC status”; and
(ii) Equal to or higher than the CMMC level required by the solicitation or contract, task order, or delivery order.
(2) CMMC levels 2 and 3 can be in a conditional level for a period not to exceed 180 days from the CMMC status date (32 CFR 170.21), and award can occur with a conditional CMMC level. CMMC level 1 requires a final CMMC level for award.