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ARTICLE · 23 SEPTEMBER 2015

Proposed Rule Clarifies Contractor Requirements For Counterfeit Electronic Part Detection And Avoidance

This new clause would require all contractors and subcontractors to obtain electronic parts currently in production from original manufacturers, authorized dealers or suppliers that obtain the parts exclusively from such sources.

United StatesGovernment, Public Sector

Yesterday, September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to further implement Section 818 of the National Defense Authorization Act for Fiscal Year 2012 regarding counterfeit electronic parts (Proposed Rule). See Detection and Avoidance of Counterfeit Electronic Parts–Further Implementation, 80 Fed. Reg. 56,939 (Sept. 21, 2015). The Proposed Rule adds clarity on key issues under the current counterfeit electronic parts rule, DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, which was implemented in May 2014.

The most notable elements of the Proposed Rule are as follows:

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