Monthly Archives: September 2015

MIL-STD-11991A Department of Defense Standard Practice, General Standard for Parts, Materials, and Processes

The following US Military Standard was reinstated 26 August 2015….

MIL-STD-11991A Department of Defense Standard Practice, General Standard for Parts, Materials, and Processes

Take note of Appendix C re “Prohibited PM&P”

This document is available from ASSIST.

Comments on the Proposed Rule Under DFARS Case 2014-D005 –“Detection and Avoidance of Counterfeit Electronic Parts — Further Implementation”

A draft notice was published 21 September in the Federal Register concerning a revision to the counterfeit electronic parts DFARS on counterfeit electronic parts.[1] This proposed rule revises DFARS 212.301, 246.870 and DFARS clause 252.246-7007, which is limited to contractors subject to government cost accounting standards (CAS); and the proposed rule introduces a new clause, 252.246-70XX, that is not limited to contractors subject to CAS and will apply to small business set-asides.

The proposed rule under DFARS Case 2014-D005 aligns with recommendations from industry subject matter experts in key areas, and goes a long way to help align DoD and defense contractors on (1) where counterfeit electronic parts risk lie, and (2) where to direct risk-based processes. Aspects of the proposed rule that industry should view favorably include the following:

  • Counterfeit parts risk is a function of the sources one uses to acquire parts; risk-based process are directed accordingly
  • Modified definition for ‘electronic part’ (the removal of ‘embedded software and firmware’)
  • Requirement to obtain electronic parts that are in production or currently available in stock from original manufacturers, authorized dealers, or suppliers that obtain such parts exclusively from the original manufacturers or their authorized dealers
  • Appropriate expectation for traceability

However, the proposed rule leaves other issues unresolved and introduces significant ambiguities:

  • Broad, dynamic and problematic definition for the term ‘trusted supplier’
  • Ambiguous requirements for the use of ‘trusted suppliers’
  • Continued disparity between counterfeit detection and avoidance expectations to be applied by industry versus those to be applied by DoD
  • Lack of acceptance of counterfeit part prevention requirements flowdown from the COTS electronic assembly industry

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FAR / DFAR Case Update (21 Sep 2015)

Status updates from the ‘Open Cases Reports’ …

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Defense Federal Acquisition Regulation Supplement: Detection and Avoidance of Counterfeit Electronic Parts-Further Implementation (DFARS Case 2014-D005)

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement a requirement of the National Defense Authorization Act for Fiscal Year 2012, as modified by a section of the National Defense Authorization Act for Fiscal Year 2015, that addresses required sources of electronic parts for defense contractors and subcontractors….

Defense Federal Acquisition Regulation Supplement: Detection and Avoidance of Counterfeit Electronic Parts-Further Implementation (DFARS Case 2014-D005)

Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border – Federal Register

This document adopts as a final rule, with changes, interim amendments to the U.S. Customs and Border Protection (CBP) regulations pertaining to importations of merchandise bearing suspected counterfeit trademarks or trade names that are recorded with CBP. …

Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border

FAR / DFAR Case Update (4 Sep 2015)

Status updates from the ‘Open Cases Reports’ …

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IPEC Request for Comments – Development of the 2016 Joint Strategic Plan on Intellectual Property Enforcement

From U.S. Intellectual Property Enforcement Coordinator…

We are pleased to report another important milestone in the progress made on IP policy and enforcement since the Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) was established in the Executive Office of the President. On Tuesday, IPEC released a blog post announcing the development of the Administration’s third Joint Strategic Plan on Intellectual Property Enforcement. In the course of developing the new strategy, we want to make sure we get the very best ideas, recommendations, and data from as many different thought partners as possible.

Therefore, we want to encourage you to take a leadership role in shaping this effort by submitting comments to IPEC’s Federal Register Notice through Regulations.gov, where you can find further information and details for submitting recommendations. Please note that comments are due October 16, 2015. Additional information regarding IPEC and the Administration’s intellectual property initiatives is available at www.whitehouse.gov/omb/intellectualproperty.

We look forward to working with you in the coming weeks and months to develop our new strategy.

U.S. Intellectual Property Enforcement Coordinator

Executive Office of the President