Enhanced Requirement to Report Counterfeit, Suspect Counterfeit, and Nonconforming Goods
Client Alert | 2 min read | 11.25.19
In an effort to further harden the critical-to-mission component supply chain, a new FAR clause published November 22 finalizes a FAR provision that dramatically expands the mandatory reporting of counterfeit and certain nonconforming parts to the Government-Industry Data Exchange Program (GIDEP) and, in some instances, the relevant contracting officer. Although DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, requires GIDEP reporting, the clause is narrowly tailored to defense contractors and to counterfeit electronic parts only. The new FAR rule expands GIDEP reporting to all contractors, to non-electronic counterfeit and suspect counterfeit parts, and to other nonconformances.
At a high level, the clause will be included in procurements conducted by any agency—including the DoD—for: (1) items subject to FAR clause 52.246-11, Higher-Level Contract Quality Requirement; (2) items identified by the contracting officer as critical items; (3) electronic parts and end items, components, parts or assemblies containing electronic parts; and (4) services where the contractor will furnish, as part of the service, any of items (1)-(3). The new reporting obligations will be triggered by a contractor or subcontractor’s identification of certain counterfeit and suspect counterfeit goods, as well as and goods with major nonconformances (defined as those likely to result in failure of the supplies or materially reduce usability) or critical nonconformances (defined as those likely to result in hazardous or unsafe conditions or prevent performance of a vital mission). The final rule is more narrow in scope than the proposed rule released in 2014. Specifically, unlike the proposed rule, the final rule explicitly excludes procurements for commercial items, medical devices subject to FDA reporting, and commercially-available off-the-shelf items.
Additionally, contractors are now required to review the GIDEP database so they may be able to investigate and remove suspect parts from the supply chain. In response to questions about this process, the Government has recommended using Batch Match to monitor for any references to components or parts of interest. Contractors should be prepared in the coming month to review and revise their existing counterfeit parts programs or establish a counterfeit parts program to comply with the new rule. The new rule will go into effect on December 23, 2019.
We will be conducting a webinar on December 17 to discuss this rule and its implications. More detail about the webinar to follow.
Contacts
Insights
Client Alert | 3 min read | 10.10.25
New Post Appeals Mediation Pilot Program
On October 1, 2025, the IRS Independent Office of Appeals launched a two-year pilot program to make Post Appeals Mediation (PAM) more attractive and accessible to taxpayers. See IRS Announcement 2025-10. The new PAM pilot program offers taxpayers the opportunity to be assigned to a new Appeals team, which is otherwise unconnected to the underlying case, who will represent the original Appeals team in the mediation session. The assignment of the new Appeals team does not begin a new appeals process but rather is intended to help facilitate an expedited and impartial look at the underlying case with the goal of further exploring all potential paths to resolution prior to litigation.
Client Alert | 1 min read | 10.09.25
New California Algorithmic Pricing Law Could Have Far Reaching Effects
Client Alert | 5 min read | 10.08.25
California’s AI Transparency Act (CAITA) May be Amended to Regulate Social Media Platforms
Client Alert | 6 min read | 10.08.25
Hacker No Fly Zone: FAA and TSA Propose Cybersecurity Rules for Drone Ecosystem