DOD Sends Counterfeit Parts Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received from the DOD a draft DFARS notice of proposed rulemaking for “Costs Related to Counterfeit Electronic Parts”. This was not listed in the Fall 2015 Unified Agenda, but it is related to DFARS Case 2016-D010.

According to the Counterfeit Parts web site this NPRM would “Implements section 885(a) of the NDAA for FY 2016 (Pub. L. 112-81)”. Actually that should be PL 114-92 which has not been printed yet (it was only signed in November, give the GPO a break – Sarcasm Alert). The enrolled version of S 1356 shows that §885 actually amended §818 of the FY 2012 NDAA which was PL 112-81. No wonder things get confusing.

If you are not a DOD supplier, then you will probably be able to ignore this rule when it does finally come out. I’ll be briefly looking at it to see if it really provides any in-sight into dealing with counterfeit electronic components that might affect cybersecurity efforts, but I’m not going to be holding my breath.

OMB Announces Approval of DOD Counterfeit Electronics Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved DOD’s final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to partially address the Congressional requirements (§818, PL 112-81) concerning counterfeit electronic parts. The NPRM for this rule was published last May (78 FR 28780-28785).

The announced approval was ‘consistent without change’ so it should not take long (possibly this week) for this final rule to appear in the Federal Register.

Since this is a FARS regulation and I don’t have a background in contracting matters, I doubt that I will cover this rule (I did not mention the NPRM). I mention this here, however, because DOD’s lead in handling counterfeit electronic parts may lead to similar actions in industry in general.

DOD Announces Electronic Counterfeit Parts Detection Meeting

Today the Department of Defense Acquisition Regulations System (DARS) published a notice in the Federal Register (78 FR 35262-35263) announcing a public meeting to be held on June 28^th concerning their proposed coverage of electronic parts detection and avoidance in the Defense Federal Acquisition Regulation Supplement.

DARS published a NPRM (78 FR 28780) last month addressing congressional requirements to implement requirements for detection and avoidance of counterfeit electronic parts in DoD contracts. The NPRM “addresses the responsibility of DoD contractors for detecting and avoiding the use or inclusion of counterfeit electronic parts or suspect counterfeit electronic parts in items delivered to the Department”.

DARS is soliciting public participation in this meeting. Registration is required (http://www.acq.osd.mil/dpap/dars/counterfeit_electronic_parts.html). Public presentations will be allowed; pre-submission of electronic copies (dfars@osd.mil) is required no later than June 24^th.