What is 48 CFR and Why Does It Matter for CMMC?
Title 48 of the Code of Federal Regulations (CFR) outlines the Federal Acquisition Regulations System (FARS). It governs how federal agencies procure goods and services. Within 48 CFR, the Defense Federal Acquisition Regulation Supplement (DFARS) details additional rules that apply specifically to the DoD.
These rules aren’t static. As cybersecurity threats evolve, so do acquisition requirements, and that’s exactly where NIST 800-171 and CMMC 2.0 enter the picture.
The Role of 48 CFR in Creating CMMC
CMMC stems from DFARS Clause 252.204-7012, which mandates that contractors protect Controlled Unclassified Information (CUI) using NIST SP 800-171. Initially, compliance operated on an honor system, contractors self-attested with limited oversight. To strengthen enforcement, the DoD introduced the CMMC framework.
CMMC is now the enforcement mechanism for NIST 800-171 requirements. While the CMMC program is effective under Title 32 CFR, its incorporation into DFARS via Title 48 CFR is still pending. Once finalized, CMMC requirements will appear in DoD contracts.
How 48 CFR Enforces CMMC 2.0
The Final Rule, effective December 16, 2024, solidified CMMC’s place in the federal acquisition ecosystem. CMMC assessments began on January 2, 2025, with phased contract inclusion through 2028.
- 48 CFR gives CMMC teeth: By embedding CMMC levels into contract solicitations, only certified contractors can win eligible bids.
- Failure to comply = disqualification: Without the required CMMC certification, proposals may be rejected outright.
- Increased auditability: Level 2 requires triennial third-party assessments by a C3PAO with annual affirmations, while Level 3 requires government-led reviews by DIBCAC.
Practical Impacts for Defense Contractors
If your organization handles Federal Contract Information (FCI) or Controlled Unclassified Information (CUI), 48 CFR is a contract gatekeeper.
Level 1: Contractors Handling FCI
- Subject to DFARS and 48 CFR requirements.
- Self-assessment allowed but must be affirmed annually.
- Proof of compliance may be requested during audits.
Level 2: Contractors Handling CUI
- Must implement all 110 NIST SP 800-171 controls.
- Triennial CMMC Level 2 assessment by a C3PAO with annual affirmations.
- Limited cases may allow self-assessment, but third-party review is the default.
Level 3: Contractors Handling High-Risk CUI
- Must first complete Level 2 with a C3PAO.
- Then undergo government-led assessment by DIBCAC every three years.
- Non-compliance may result in termination or False Claims Act liability.
Why 48 CFR Elevates CMMC from Framework to Mandate
While NIST SP 800-171 and CMMC define what and how of cybersecurity, 48 CFR provides the enforcement mechanism. Its integration with CMMC means:
- Cybersecurity becomes a contractual obligation.
- Non-compliance risks disqualification and financial penalties.
- Prime contractors must “flow down” CMMC requirements to all subcontractors.
Preparing for 48 CFR-Driven CMMC Enforcement
CMMC requirements will appear in more contracts throughout 2025, with full enforcement by 2028. Once a 48 CFR clause appears in a solicitation, compliance is mandatory.
- Identify your required CMMC level based on data sensitivity.
- Conduct a gap assessment against NIST 800-171 controls.
- Schedule your CMMC assessment early—C3PAOs are in high demand.
- Review all contract language with legal and compliance teams.
Final Thoughts: CMMC 2.0 and 48 CFR Compliance
With CMMC 2.0 effective under Title 32 CFR and its integration into DFARS via 48 CFR, cybersecurity compliance has shifted from recommendation to regulation. For DoD contractors, 48 CFR is the enforcement backbone that makes CMMC a binding requirement
Get a clear roadmap to CMMC compliance, download our CMMC checklist and prepare for certification with confidence.
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