FAR / DFAR Case Update (17 May 2013)

Status updates from the 17 May ‘Open Cases Reports’ …

A Problematic Definition of ‘Counterfeit Part’ within the Proposed DFARS Rule on Detection and Avoidance of Counterfeit Electronic Parts

The proposed definition of “counterfeit part” within the proposed DFARS Rule on “Detection and Avoidance of Counterfeit Electronic Parts” introduces a number of inconsistencies and problems.

A Disparity within the FR Notice for Proposed DFARS Rule on Detection and Avoidance of Counterfeit Electronic Parts (“Unallowable Costs”)

Some may be misled by the ‘supplementary information’ within the Federal Register Notice describing the proposed DFARS Rule on “Detection and Avoidance of Counterfeit Electronic Parts”. A disparity exists between the description of allowable cost exceptions and the wording of those exceptions within the proposed rule itself.

New DoD Counterfeit Prevention Policy: Resolves Responsibilities Within DoD But Leaves Many Contractor Questions Unresolved — Robert S. Metzger

This new paper by Bob Metzger, of Rogers, Joseph O’Donnell, discusses DODI 4140.67. Bob compares the policy to NDAA2012§818 and the Kendall guidance memo, and presents observations on key responsibilities assigned to departments and DoD Components. …

“New DoD Counterfeit Prevention Policy: Resolves Responsibilities Within DoD But Leaves Many Contractor Questions Unresolved“

Bob observes the “receptive” rather than “prescriptive” nature of this new policy. DoD, however, did not extend this “receptive” approach to the proposed DFARS rule on “Detection and Avoidance of Counterfeit Electronic Parts”. Though this paper was prepared before the publication of the proposed DFARS rule, Bob’s observations are relevant and worthy of study.

Bob Metzger has written a number of other papers on supply chain security and counterfeit parts. He is also a member of The Task Force on Counterfeit Parts of the Committee on Acquisition Reform and Emerging Issues of the American Bar Association Section of Public Contract Law.

A Proposed Rule re “Detection and Avoidance of Counterfeit Electronic Parts”

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) in partial implementation of a section of the National Defense Authorization Act for Fiscal Year 2012, and a section of the National Defense Authorization Act for Fiscal Year 2013, relating to the detection and avoidance of counterfeit electronic parts. …

Detection and Avoidance of Counterfeit Electronic Parts (2013-11400)

Example of Counterfeit Prevention for Bare Die Products

When describing counterfeit prevention for microelectronic products, literature and standards tend to focus on packaged products. After the original release of AS5553, G19 committee participants discussed the need for counterfeit avoidance and detection protocols directed toward bare die products.

Counterfeit Prevention Clauses and Certification Expectations

A colleague recently approached me on the subject of counterfeit prevention clauses and certification expectations specified by many Government prime contractors and subcontractors within their standard terms and conditions.

Counterfeit Prevention and Materiel Inventory

I recently received correspondence from an A&D contractor representative who observes “there seems to be little published about what suppliers have/are doing with material they already have.” 

NIST announces the final release of Special Publication (SP) 800-53, Revision 4, Security and Privacy Controls for Federal Information Systems and Organizations.

Another example of how the lines have blurred between electronics that are counterfeit, fraudulent, tampered with, poorly made and many other descriptions of threats to product integrity…

FAR / DFAR Case Update (10 May 2013)

Status updates from the 10 May ‘Open Cases Reports’ …