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  • Question

    1) I realize that Special Tooling isn't considered "material" and do not have the same rigor as deliverable defense articles. Nonetheless, does DFAR address any regulations, rules, policies pertaining to counterfeit mechanical components which get integrated into Special Tooling?


    Answer

    DFARS 245.246-7008 would not apply to "non deliverable" special tooling or special test equipment because the FAR does not identify them as "material" (see FAR excerpt below) .  However, contractor acquired property that will be delivered as Government property at the end of the contract and nearly every other acquisition involving electronic parts would be subject to this clause.  The revisions to this clause initiated by the 2012 NDAA and 2015 NDAA were intentionally broad in application to address the serious impact of counterfeit electronic parts across DoD.  The clause prescription even addresses services and the use of the commercial procedures from FAR Part 12.
     
     You also made a comment about being unable to use various wholesalers within your question.  I'll defer to a more researched interpretation of the clause, but a wholesaler that has a contractual arrangement with the OEM would be considered an authorized supplier.  Under paragraph (b)(1)ii of this clause, you are able to use an authorized supplier for electrical parts instead of the OEM.
     
     FAR 45.101
     
    “Material” means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

     


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