Thompson Government Contracting

Cross Your Heart and Hope to Die: DFARS Clauses Target Counterfeit Electronic Parts

Webinar • Tuesday, July 24, 2018 • 1:00-2:30 p.m. ET

Webinar Details

Prerequisites: None

Recommended Field of Study: Specialized Knowledge and Applications

Program Knowledge Level: Basic

Advanced Preparation: None

DOD’s requirements on counterfeit electronic parts come very close to imposing a “strict liability” standard on contractors. Plus, the broad wording of DFARS 252.246-7007 and 252.247-7008 means almost any electronic equipment could be subject to the requirements—even if it’s not used directly in wartime.

Contractors who fail to implement an effective plan to control their supply chain can be disqualified from doing business with the DOD. They also assume all risks if a vendor delivers a counterfeit or suspect counterfeit part.

This is no time for guesswork!  From how to put strong compliance and detection/avoidance plans in place, to how to account for the costs of those efforts, you need to know today’s absolute best practices.

Register now for Cross Your Heart and Hope to Die: How DFARS Clauses Target Counterfeit Electronic Parts.

In this 90-minute webinar, government contract experts from Sheppard Mullin’s Investigations & International Trade Practice Group explain how requirements under the DFARS electronic parts regulations affect contractors. From where electronic parts are coming from to whether they meet quality requirements, you will examine risks that must be mitigated—and the risks of failing to do so.

Securing your supply chain. You will learn today’s best practices for both compliance and risk reduction, including the necessary components of system for detecting and avoiding the use of counterfeit electronic parts. You’ll also gain insights into where and how the government can audit contractors’ supply chains.  Plus, you will have the chance to ask your own questions during the Q&A portion of the webinar.

Reserve your space now for ready-to-use strategies for reducing your risks as DFARS targets counterfeit electronic parts, including:

  • The scope of the counterfeit electronic parts regulations at DFARS 252.246-7007 and 252.247-7008
  • Potential consequences of noncompliance with DOD electronic parts requirements
  • Risks associated with the DOD supply chain under the new rules
  • Risks accompanying the new three-tiered sourcing requirements for DOD programs
  • Government audit rights regarding your supply chain
  • Accounting for costs related to improved supply chain compliance
  • Key features of a counterfeit electronic part detection and avoidance system, including when such systems are required under the new rules
  • How to generate risk-based approaches to detect and avoid counterfeit electronic parts.

Remember, under the new DOD rules on counterfeit electronic parts, it is not “buyer beware,” but contractor beware. Do not miss this opportunity to put today’s best practices to work to protect your business—and your DOD customers.

Register now for Cross Your Heart and Hope to Die: How DFARS Clauses Target Counterfeit Electronic Parts.

This webinar is of value to all contractors and subcontractors with the Department of Defense. Attendees who will benefit most include:

  • In-house counsel dealing with supply chain issues
  • Outside counsel wanted a better understanding of the counterfeit electronic parts regulations
  • Contracts and subcontracts managers
  • Supply chain managers
  • In-house compliance personnel

David Gallacher

David Gallacher is a partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Mr. Gallacher's professional experience involves a wide variety of litigation, administrative, and counseling issues related to federal procurement laws. His experience is extensive and includes complex litigation in federal court under the qui tam provisions of the False Claims Act, claims disputes before the Boards of Contract Appeals and bid protest actions. He regularly counsels both domestic and foreign companies on issues relating to compliance with government regulations including, among other things, subcontract administration, country of origin requirements under the Buy American and Trade Agreements Acts, export controls, commercial item exceptions, merger and acquisition due diligence, cost accounting, suspension and debarment, and small business requirements. He also regularly conducts compliance reviews and internal investigations to assist companies ensure that they are in full compliance with the law.

Emily Theriault

Emily Theriault is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Ms. Theriault’s practice includes Contract Disputes Act litigation before the Court of Federal Claims; False Claims Act litigation before the United States District Courts; bid protests before the United States Government Accountability Office and the Court of Federal Claims; internal investigations; and government contract counseling.

She counsels clients on compliance with federal procurement regulations, including FAR and DFARS provisions relating to the Contractor Code of Business Ethics and Conduct, the Trade Agreements Act, the Price Reductions Clause and commercial item contracting.

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