Regulations last checked for updates: Jan 30, 2025

Title 32 - National Defense last revised: Jan 17, 2025
§ 170.23 - Application to subcontractors.

(a) CMMC requirements apply to prime contractors and subcontractors throughout the supply chain at all tiers that will process, store, or transmit any FCI or CUI on contractor information systems in the performance of the DoD contract or subcontract. Prime contractors shall comply and shall require subcontractors to comply with and to flow down CMMC requirements, such that compliance will be required throughout the supply chain at all tiers with the applicable CMMC level and assessment type for each subcontract as follows:

(1) If a subcontractor will only process, store, or transmit FCI (and not CUI) in performance of the subcontract, then a CMMC Status of Level 1 (Self) is required for the subcontractor.

(2) If a subcontractor will process, store, or transmit CUI in performance of the subcontract, then a CMMC Status of Level 2 (Self) is the minimum requirement for the subcontractor.

(3) If a subcontractor will process, store, or transmit CUI in performance of the subcontract and the associated prime contract has a requirement for a CMMC Status of Level 2 (C3PAO), then the CMMC Status of Level 2 (C3PAO) is the minimum requirement for the subcontractor.

(4) If a subcontractor will process, store, or transmit CUI in performance of the subcontract and the associated prime contract has a requirement for the CMMC Status of Level 3 (DIBCAC), then the CMMC Status of Level 2 (C3PAO) is the minimum requirement for the subcontractor.

(b) As with any solicitation or contract, the DoD may provide specific guidance pertaining to flow-down.

authority: 5 U.S.C. 301; Sec. 1648, Pub. L. 116-92, 133 Stat. 1198
source: 89 FR 83214, Oct. 15, 2024, unless otherwise noted.
cite as: 32 CFR 170.23