WASHINGTON – The Department of Defense, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to require contractors and subcontractors to report to the Government-Industry Data Exchange Program (GiDEP) certain counterfeit or suspect counterfeit parts and certain major or critical nonconformances.

The final rule does not apply to contracts and subcontracts for the acquisition of commercial items, including commercially available off-the-shelf items. Section 818(c)(4) of the NDAA for 2012 will not apply to contracts and subcontracts at or below the simplified acquisition threshold.

In addition to the requirements for section 818(c)(4) regarding electronic parts for the DoD, the rule focuses on supplies that require higher-level quality standards or are determined to be critical items.

The rule also exempts medical devices subject to the Food and Drug Administration reporting requirements; foreign corporations or partnerships that do not have an office, place of business, or paying agent in the US; counterfeit, suspect counterfeit, or nonconforming items that are the subject of an ongoing criminal investigation, unless the report is approved by the cognizant law enforcement agency; and nonconforming items (other than counterfeit or suspect counterfeit items) for which it can be confirmed the organization where the defect was generated has not released the item to more than one customer.

The final rule is available here: https://tinyurl.com/qnvh777.

• Prev
• Next