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Due Diligence: Contractors’ Responsibility to Identify and Protect CUI and Sensitive Information

Jeff Bennett of Thrive Analysis Group and NISPOM Central argues that the common claim “contractors are not authorized to determine CUI” is bad advice that leads people to ignore their responsibility to identify, mark, and protect sensitive information in their work products. He says contractors are authorized to apply derivative markings based on government instructions and must exercise “presumption of care” (duty of care) to prevent applied research, controlled technologies, export-controlled information (EAR/ITAR), proprietary data, PII, and CUI from entering the public domain, which can harm warfighters and technology. Citing examples of ITAR data nearly published and CUI text copied into deliverables, he emphasizes repeatable processes, reasonable standards aligned to NISPOM, DD Form 254, DFARS, CMMC, and NIST SP 800-171, plus marking by default and reviewing materials before release.

00:00 Contractors Can Mark CUI

01:05 Stopping the Big Mouth

02:33 Bad Advice in Defense

03:41 Due Diligence Basics

05:55 When Research Turns Sensitive

06:57 Real World CUI Slipups

09:34 No CUI Police Myth

10:41 Presumption of Care

11:21 Derivative Marking Process

12:12 Protect Warfighters and Wrap Up

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