There’s a lot of confusion about CMMC waivers. Many see them as an alternative to being certified, but in reality, they are an exception to the rule and are only to be used in rare cases. This blog will clear up CMMC waiver misconceptions and explain why they can’t be used as a crutch.
For Contracts, Not Contractors
CMMC waivers apply to specific contracts, not to specific contractors. Your company could win a contract with a CMMC waiver, but the company itself cannot have a blanket waiver applied to it.
In order to use waivers to avoid getting a CMMC certification by the time of award, you would need each contract you bid on to have received a waiver from the DoW, and the DoW doesn’t hand these out lightly.
What Waivers Do
A contract may qualify for a CMMC waiver if it has niche requirements that very few or no contractors with CMMC waivers would be able to fulfill. Basically, a CMMC waiver is a last resort to be used when there aren’t enough certified contractors to support the contract. Given the wide range of contractors across DIB industries, circumstances like these are few and far between.
What Waivers Don’t Do
Let’s get some frequent misconceptions out of the way. CMMC waivers are frequently discussed but rarely seen. First, CMMC waivers do not waive DFARS 7012 or NIST SP 800-171 requirements; they only waive the need to have a formal certification at the time of the award. These waivers are also temporary. Though you would not have to have a certification at the time of award, the contract will stipulate a date by which you will need a CMMC certification.
While contracts with CMMC waivers will exist, there aren’t nearly enough of them for you to build a business strategy around. If there were enough of them, you’d still have a limited amount of time before you’ll need a certification anyway. CMMC waivers aren’t your get out of jail free card for compliance.
Long Story Short
Chances are, you’re not going to know what is on a solicitation before it comes out, betting on a waiver is like playing poker with the DoW. You won’t see your prime’s cards until they turn them over at the time of their solicitation. The safe bet is to be ready with your certification rather than to bet all of your chips that the DoW plans to put a waiver on the contract. Even if you win the hand, you’ll have to get certified over the course of that contract, and to win most other contracts. At the end of the day, the DoW wants you CMMC certified, and the house always wins.
Reach out to Summit 7 today to get started on your CMMC certification.
