Congress approved an amendment to Section 818 of the FY2012 NDAA concerning allowable costs in the event of a counterfeit electronic component quality escape. Though the amendment does not include purchases from ‘trusted suppliers’ (see earlier post), it does include material provided to the contractor as Government property…
H.R.4310: National Defense Authorization Act for Fiscal Year 2013
Latest Major Action: 12/18/2012
Conference report H. Rept. 112-705 filed.
H.R.4310 – National Defense Authorization Act for Fiscal Year 2013
SEC. 833. CONTRACTOR RESPONSIBILITIES IN REGULATIONS RELATING TO DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.
Section 818(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended to read as follows:
`(B) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts are not allowable costs under Department contracts, unless–
`(i) the covered contractor has an operational system to detect and avoid counterfeit parts and suspect counterfeit electronic parts that has been reviewed and approved by the Department of Defense pursuant to subsection (e)(2)(B);
`(ii) the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation; and
`(iii) the covered contractor provides timely notice to the Government pursuant to paragraph (4).’.
See FY2013 NDAA