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Requirements related to detection and avoidance of counterfeit electronic parts

Division A · Title XVIII: Revitalization of the Defense Industrial Base · Subtitle A: Provisions to Protect and Strengthen Supply Chains

Plain-language summaryAI

The section requires Department of Defense personnel to buy electronic parts below certain purchase thresholds only from original manufacturers, authorized dealers, or suppliers who source exclusively from them, especially for parts still in production or available in stock. It mandates updates to acquisition regulations and guidance to enforce these rules and requires a government report reviewing the use of purchase cards for buying electronic parts, including recommendations to reduce counterfeit risks.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 1807.
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(a) In general

Section 818(c)(3) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 3241 note prec.) is amended—

(1)

in subparagraph (C), by striking and at the end;

(2)

in subparagraph (D)(iii), by striking the period at the end and inserting ; and ; and

(3)

by adding at the end the following new subparagraph:

(E)

require that, for purchases made in accordance with procedures applicable to purchases below micro-purchase threshold (as defined in section 3573 of title 10, United States Code) or in accordance with procedures applicable to purchases below simplified acquisition threshold (as defined in section 3571 of such title), Department personnel—

(i)

obtain electronic parts that are in production or currently available in stock from the original manufacturer or an authorized dealer for such electronic part, or from a supplier that obtains such electronic parts exclusively from the original manufacturer or an authorized dealer for such electronic part; and

(ii)

obtain electronic parts that are not in production or currently available in stock in accordance with regulations prescribed pursuant to subparagraph (C) or (D).

(b) DFARS revision

Not later than 180 days after the date of the enactment of this Act, the Secretary shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out the amendments made by this section.

(c) Guidance required

Not later than 30 days after the revision required under subsection (b) has been finalized, the Secretary shall update the guidance required under section 818(c) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 3241 note prec.)) as amended by this section, including practices and procedures to be used under part 8 of the Federal Acquisition Regulation.

(d) Comptroller General report

Not later than 270 days after the date of the enactment of this section, the Comptroller General of the United States shall submit to the congressional defense committees a report that reviews of use of government purchase cards by the Department of Defense to obtain electronic parts (as defined in section 818 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 3241 note prec.)) and components for such electronic parts using multiple award contracts or using full and open competition, along with any recommendations to improve procurement procedures to reduce the risk posed by counterfeit electronic parts and components.