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32 CFR 170.22

Affirmation by a Senior Official

Effective: December 16, 2024

In plain English

32 CFR 170.22 requires a named Affirming Official, defined at 32 CFR 170.4 as the senior level representative responsible for ensuring the contractor's compliance with the CMMC Program requirements who has the authority to affirm its continuing compliance, to electronically affirm in SPRS at least every 12 months that the contractor continues to meet the CMMC security requirements for its level. A knowingly false affirmation is the explicit target of the Department of Justice Civil Cyber-Fraud Initiative under the False Claims Act.

Who must comply

Every contractor subject to CMMC at any level, for as long as the CMMC requirement applies.

What it requires

  1. 01Designate as the Affirming Official the senior level representative who is responsible for ensuring compliance with the CMMC Program requirements and has the authority to affirm continuing compliance (in practice, usually an owner or officer).
  2. 02Conduct an initial affirmation in SPRS immediately following the initial self-assessment or certification.
  3. 03Submit an annual affirmation thereafter, at least every 12 months from the prior affirmation date.
  4. 04Submit an additional affirmation following any C3PAO certification or recertification event at Levels 2 or 3.
  5. 05Retain documentation supporting the affirmation in case of audit or investigation.

Key points

  • The affirmation is a binding statement to the federal government. The named official, not just the company, can be exposed under the False Claims Act for knowingly false affirmations.
  • Treat the affirmation as a board-level event each year, not a back-office checkbox.
Primary source
Read 32 CFR 170.22 at its source

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