DFARS Case 2012-D055: Detection and Avoidance of Counterfeit Electronic Parts

A DFARS case addressing portions of Section 818 of the FY2012 NDAA has been opened.

My understanding from those smarter than I concerning rule making procedures is that a proposed rule would be posted on “regulations.gov” after the DARS staff submits its report (due 10/3/2012) and the review of this report by the Office of Information and Regulatory Affairs (OIRA).

Here is the status included with the 7 September “Open Cases Report”:

Case Number: 2012-D055

Part Number: 202, 231, 244

Title: (S) Detection and Avoidance of Counterfeit Electronic Parts

Synopsis: Implements portions of section 818 of NDAA for 2012 to

(a) add definitions specific to counterfeit parts,

(b) define contractors’ responsibilities, and

(c) Clarify the Government’s role.

Status: 08/31/2012 DARC Director tasked DARS staff to draft proposed DFARS rule. Report due 10/03/2012.

See “DFARS Open Cases Report

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2 thoughts on “DFARS Case 2012-D055: Detection and Avoidance of Counterfeit Electronic Parts

  1. Henry-

    Thanks for flagging this. Of course, several of us have expected this for some time, so at least we know the clock is now officially ticking. The drafting team has a tough job, as you know, and the deadline may be missed. Further, the reviews can take a while, so that October date is probably not when we will see a rule published in the federal register. Thanks again.

    Trey Hodgkins is Senior Vice President-Global Public Sector at TechAmerica

  2. I attended a University of Minnesota seminar on Government contracts this week. LeAntha Sumpter from DoD spoke. She said this DFARS Case would add counterfeit electronic parts mitigation requirements to the DFARS 252.244-7001 “Contractor Purchasing System Administration” clause and the DFARS 252.242-7005 “Contractor Business Systems” clause. Compliance with counterfeit electronic parts mitigation requirements would be included in a CPSR.

    [ CPSR = Contractor Purchasing System Review ]

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