“Law360, New York (June 04, 2013, 1:16 PM ET) — On May 16, 2013, the long-awaited proposed Defense Federal Acquisition Regulation Supplement on detection and avoidance of counterfeit parts was released for comment. Required by Section 818 of the 2012 National Defense Authorization Act, the DFARS was to have been in place by Sept. 27, 2012, statute. Instead, eight months after the original due date, we have a “proposed rule” with comments due on or before July 15, 2013.
Industry has been anxiously awaiting the proposed rule. Now that it has arrived, finally, those who were expecting meaningful guidance surely will be disappointed. There is relatively little detail in the proposed rule. The statute clearly directed the U.S. Department of Defense to establish special requirements for contractor processes to avoid counterfeit parts, but the proposed rule largely avoids this. Instead, it folds counterfeit parts prevention into obligations that govern contractor purchasing systems. This is an imperfect choice, which fails to inform contractors of how they can minimize compliance risk. …”
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