Sourcing Decision Class: Resource Choice
Locating the Key Source Documents for Controlled Unclassified Information (CUI) Banner Markings in 48 CFR
In the realm of federal procurement contracts, understanding the banner markings for Controlled Unclassified Information (CUI) is crucial. These markings provide a clear indication of the level of protection required for CUI in various contexts.
The primary source documents that govern CUI authorities referenced in the 48 Code of Federal Regulations (CFR) are rooted in cybersecurity and information protection in federal contracts. Here's a breakdown of the key documents to consult:
- NIST Special Publication 800-171 (SP 800-171): This publication outlines the security requirements for protecting CUI in non-federal systems and organizations. It forms the basis for CUI safeguarding requirements in 48 CFR and related Defense Federal Acquisition Regulation Supplement (DFARS) clauses.
- DFARS Clauses: These clauses, particularly those related to safeguarding covered defense information, such as DFARS 252.204-7012 and related clauses, specify safeguarding requirements grounded in NIST standards.
- Cybersecurity Maturity Model Certification (CMMC) Framework: Now integrated within 48 CFR, CMMC operationalizes compliance with NIST 800-171 controls and further outlines contractor requirements for handling CUI.
- Defense Logistics Acquisition Directive (DLAD) and related internal DoD guidance: These provide additional acquisition and legal context, including references to CUI handling requirements and regulatory authority.
To find these documents, start with the FAR (48 CFR) itself, especially parts 204 and 252, which reference security requirements and often cite or incorporate external standards such as NIST SP 800-171. Consult DFARS clauses that apply to CUI and cybersecurity in DoD contracts, and access NIST SP 800-171, available publicly from the National Institute of Standards and Technology website. Review CMMC documentation and DoD final rules related to CMMC, and use DoD acquisition directives like DLAD for procedural and legal context around contract requirements.
It's important to note that the category of information is defined according to FAR 2.101, and the category marking for specified authorities is SSEL. The banner markings for basic authorities are often CUI, but an alternative marking, CUI//SSEL, is also used in certain instances. Furthermore, 41 USC 2105 and 48 CFR 3.104-8 are referenced multiple times in relation to the banner markings.
The information discussed is related to banner markings for specified and basic authorities in the context of agency procurement contracts. For the specific banner markings under various 48 CFR sections, please refer to the table below:
| 48 CFR Section | Banner Marking | | --- | --- | | 48 CFR 3.104-3(a) | CUI | | 48 CFR 3.104-4 | CUI//SP-SSEL | | 48 CFR 4.802(e) | CUI | | 48 CFR 52.215-1(e) | CUI//SP-SSEL | | 48 CFR 603.104-4 | CUI | | 48 CFR 836.203 | CUI | | 48 CFR 9.105-3(a) | CUI | | 48 CFR 14.211 | CUI | | 48 CFR 14.303 | CUI//SP-SSEL | | 48 CFR 14.401(a) | CUI//SP-SSEL | | 48 CFR 14.402-1(a) | CUI//SP-SSEL | | 48 CFR 15.207(b) | CUI | | 48 CFR 15.505(f) | CUI | | 48 CFR 15.609(a) | CUI//SP-SSEL | | 41 USC 2102(a) | CUI | | 41 USC 2105 | Referenced multiple times |
In the context of federal procurement contracts, the key documents related to financial aspects, including business, are closely tied to cybersecurity and information protection, such as NIST Special Publication 800-171 (SP 800-171), which outlines security requirements for protecting Controlled Unclassified Information (CUI) in non-federal systems and organizations. This publication serves as the foundation for CUI safeguarding requirements in 48 CFR and related Defense Federal Acquisition Regulation Supplement (DFARS) clauses.
Moreover, the Cybersecurity Maturity Model Certification (CMMC) Framework, integrated within 48 CFR, operationalizes compliance with NIST 800-171 controls and further outlines contractor requirements for handling CUI, providing a clear link between finance and business in this specific context.
