Inapplicability of Certain Laws and Regulations to Commercial Items (DFARS Case 2017–D010)

“DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that addresses the inapplicability of certain laws and regulations to the acquisition of commercial items, including commercially available off-the-shelf items. …”

“… with regard to the DFARS clauses 252.246–7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, and 252.246– 7008, Sources of Electronic Parts, the flowdown has been modified to include flowdown to contractual instruments other than subcontracts (such supplier agreements), because electronic commodity types are often acquired from suppliers through supplier agreements that do not meet the new definition of ‘‘subcontract.’’ Exempting acquisitions of such electronic parts from the DFARS 252.246–7007 and 252.246–7008 flowdown requirements would create unacceptable risks of introducing counterfeit or suspect counterfeit electronic parts into the Defense supply chain. Counterfeit electronic parts, regardless of dollar value, can seriously disrupt the DoD supply chain, cause critical failure of fielded systems, such as aircraft, ships, and other weapon systems, and endanger troops’ lives. …”

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