Monthly Archives: May 2014

FAR / DFAR Case Update (19 May 2014)

Status updates from the ‘Open Cases Reports’ …

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Parts Obsolescence and the Final Rule for DFARS Case 2012-D055

The Final Rule for DFARS Case 2012-D055 includes “control of obsolete electronic parts” among the elements of a “counterfeit electronic part detection and avoidance system”. The analysis of public comments acknowledges “parts obsolescence is a matter of concern because it can create vulnerabilities in the supply chain”. The final rule, however, does not specifically address the collaboration between DoD and its contractors necessary for proactive obsolescence management. Requirements introduced in the NDAA for FY 2014, provides an opportunity to address this.

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Speculation re the proposed rule on “Expanded Reporting of Nonconforming Items” (FAR Case 2013-002)

Many in industry have expressed concern that the rule on “Expanded Reporting of Nonconforming Items” would require reporting for a very broad array of non-conformances. The notice of the public meeting for the afternoon of 16 June hints otherwise (see federalregister.gov).

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Notice of meeting — Expanded Reporting of Nonconforming Items

DoD, GSA and NASA are hosting a public meeting to obtain the views of experts and interested parties in Government and the private sector regarding expanded reporting of nonconforming items.

DATE: Monday, June 16, 2014, from 1:00 p.m. to 5:00 p.m.,

ADDRESSES: The public meeting will be held at the National Aeronautics and Space Administration Headquarters Auditorium, 300 E Street S.W., Washington D.C. 20546.

More at federalregister.gov

FAR / DFAR Case Update (9 May 2014)

Status updates from the ‘Open Cases Reports’ …

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Applicability of “Christian Doctrine” to the Final Rule on Detection and Avoidance of Counterfeit Electronic Parts (DFARS Case 2012-D055)

During a discussion with other defense contractor representatives, a question arose about whether the “Christian Doctrine” will apply Section 818 DFARS counterfeit electronic parts clauses to subcontracts and, if so, at what levels of the supply chain.

“Christian Doctrine” is a shorthand expression of a legal rule that provides that contract clauses required by regulation to be in government contracts are deemed to be included and applicable even if inadvertently omitted.

Richard N. Kuyath, 3M Office of General Counsel, provided background information on the “Christian Doctrine” and his thoughts about whether or not it will apply to the final rule for DFARS Case 2012-D055 …

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HASC Directive re “Assessment of Counterfeit Detection Efforts”

In its markup for the FY2015 NDAA, the House Armed Services Committee (HASC), Subcommittee on Intelligence, Emerging Threats and Capabilities directs the Under Secretary of Defense for Acquisition, Technology, and Logistics to provide a briefing to HASC by December 1, 2014, assessing the approaches currently taken to mitigate counterfeit parts in the supply system. …

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Analysis of the Final Rule for DFARS Case 2012-D055

Over the past week, I have seen several articles written by contracts law subject matter experts concerning the final rule for DFARS Case 2012-D055. While each of these articles cover some of the key points and changes from the proposed rule, the articles do not discuss a number of important points that are relevant to defense contractors. Below I describe important points of the final rule and my own thoughts about them.

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Notice of meeting — Detection and Avoidance of Counterfeit Electronic Parts — Further Implementation

DoD is hosting a public meeting to obtain the views of experts and interested parties in Government and the private sector regarding further implementation of the requirement for detection and avoidance of counterfeit electronic parts, as required by a section of the National Defense Authorization Act for Fiscal Year 2012.

DATE: June 16, 2014, from 8:30 a.m.to 12:30 p.m., EDT.

ADDRESSES: The public meeting will be held at the National Aeronautics and Space Administration Headquarters Auditorium, 300 E Street S.W., Washington D.C. 20546.

More at federalregister.gov

FAR / DFAR Case Update (2 May 2014)

Status updates from the ‘Open Cases Reports’ …

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