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FAR RIN: 9000-AL11 Publication ID: Fall 2010 
Title: FAR Case 2008-019, Authentic Information Technology Products 
Abstract: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are seeking comments from both Government and industry on whether the Federal Acquisition Regulation should be revised to include a requirement that contractors selling information technology (IT) products (including computer hardware and software) represent that such products are authentic. The Councils are also interested in comments regarding contractor liability if IT products sold to the Government, by contractors, are not authentic. Additionally, the Councils are seeking comments on whether contractors who are resellers or distributors of computer hardware and software should represent to the Government that they are authorized by the original equipment manufacturer (OEM) to sell the information technology products to the Government. Finally, the Councils invite comments on (1) whether the measures contemplated above should be extended to other items purchased by the Government and (2) whether the rule should apply when information technology is a component of a system or assembled product. This is not a significant regulatory action and, therefore, is not subject to review under section 6(b) of Executive Order 12866 "Regulatory Planning and Review," dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. 
Agency: DOD/GSA/NASA (FAR)(FAR)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 2    48 CFR 4    48 CFR 12    48 CFR 39    48 CFR 52   
Legal Authority: 40 USC 121(c)    10 USC ch 137    42 USC 2473(c)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  11/18/2008  73 FR 68373   
ANPRM Comment Period End  01/20/2009    
ANPRM  06/03/2009  74 FR 26646   
ANPRM; Notice of Public Meeting  08/11/2009  74 FR 40131   
Public Meeting  08/13/2009    
Withdrawn  09/10/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
William Clark
Procurement Analyst
DOD/GSA/NASA (FAR)
1275 First Street, NE.,
Washington, DC 20417
Phone:202 219-1813
Email: william.clark@gsa.gov