Defense Federal Acquisition Regulation Supplement; Reporting of Government-Furnished Property, 80426-80430 [2010-32099]

Download as PDF 80426 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules scientific basis for explaining the additional losses in the line of sight range above and beyond the free space loss and two-ray-loss. The Commission is requesting a detailed description of the methodological changes that would be offered for addressing these aspects of the model and how they would improve the model to better estimate digital television signal strengths at individual locations. Such additional submissions should also include computer software that implements these methodological changes, to the extent that it is available, for evaluation by our engineering staff. The Commission also requests comment and technical evaluations from interested parties on the changes Mr. Shumate proposes. In his submission in this proceeding, Mr. Shumate provides a brief description of a comparison of estimates generated using the current ILLR model and the ‘‘ITWOM’’ with the improvements he suggests. The Commission now requests additional information on this comparison and also the submission of additional data and information that provides comparative analysis of the two methods. Interested parties are also invited to submit additional proposals and suggestions for improving the digital ILLR model. The Commission is particularly interested in information on any other techniques for improving the degree to which the model accurately represents the propagation of a digital television signal from a transmitter to a specific receive site and any new data that may be available for improving the model’s predictions. srobinson on DSKHWCL6B1PROD with PROPOSALS A. Initial Regulatory Flexibility Certification. 3. The Regulatory Flexibility Act of 1980, as amended (RFA),1 requires that an initial regulatory flexibility analysis be prepared for notice and comment rulemaking proceedings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ 2 The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ 3 In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small 1 The RFA, see 5 U.S.C. 601–612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Public Law 104–121, Title II, 110 Stat. 857 (1996). 2 5 U.S.C. 605(b). 3 5 U.S.C. 601(6). VerDate Mar<15>2010 17:40 Dec 21, 2010 Jkt 223001 Business Act.4 A ‘‘small business concern’’ is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).5 4. The Commission is providing a plan for the model’s continued refinement by use of additional data as it may become available. Under that plan, refinements based on additional data may be proposed by referencing the docket of this proceeding, which will be held open indefinitely for this purpose. Consistent with this intention to refine the model as new information becomes available, the Commission is initiating this Further Notice of Proposed Rulemaking herein to request comment on possible modifications to the methodology in the digital Individual Location Longley-Rice (ILLR) model to improve its predictive accuracy as suggested by one of the parties responding to the Notice of Proposed Rulemaking, 75 FR 46885, August 4, 2010, in this proceeding. The methodological changes to be addressed in the Further NPRM would change the manner in which our predictions are calculated but would not alter the administrative burden on any of the small business entities that would use or be affected by the predictive model. Therefore, the Commission does not expect these changes to have any economic impact on small entities. 5. Therefore, we certify that the proposals in this Notice of Proposed Rulemaking, if adopted, will not have a significant economic impact on a substantial number of small entities. If commenters believe that the proposals discussed in the NPRM require additional RFA analysis, they should include a discussion of these issues in their comments and additionally label them as RFA comments. The Commission will send a copy of the NPRM, including a copy of this initial certification, to the Chief Counsel for Advocacy of the SBA.6 B. Paperwork Reduction Act Analysis: 6. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified ‘‘information collection burden for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Ordering Clauses 7. Pursuant to sections 1, 4, 301, and 339(c)(3) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301, 339(c)(3), and section 119(d)(10)(a) of the Copyright Act, 17 U.S.C. 119(d)(10)(a), this further notice of proposed rulemaking is hereby adopted. 8. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this further notice of proposed rulemaking, including the Initial Regulatory Flexibility Certification, and IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. 9. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration, to Congress and the General Accounting Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).7 10. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of this NPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration, in accordance with the Regulatory Flexibility Act. Marlene H. Dortch, Secretary, Federal Communications Commission. [FR Doc. 2010–32039 Filed 12–21–10; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 211, 212, and 252 45 U.S.C. 601(3) (incorporating by reference the definition of ‘‘small business concern’’ in the Small Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies ‘‘unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.’’ 5 15 U.S.C. 632. Federal Register. 6 See 5 U.S.C. 605(b). PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 [DFARS Case 2009–D043] Defense Federal Acquisition Regulation Supplement; Reporting of Government-Furnished Property Defense Acquisition Regulations System; Department of Defense (DoD). AGENCY: 7 See E:\FR\FM\22DEP1.SGM 5 U.S.C. 603(a). 22DEP1 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules Proposed rule with request for comments. ACTION: DoD proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and expand reporting requirements for Government-furnished property to include items uniquely and nonuniquely identified, and to clarify policy for contractor access to Government supply sources. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before February 22, 2011, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2009–D043, using any of the following methods: o Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘DFARS Case 2009–D043’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2009–D043.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2009–D043’’ on your attached document. E-mail: dfars@osd.mil. Include DFARS Case 2009–D043 in the subject line of the message. Fax: 703–602–0350. Mail: Defense Acquisition Regulations System, Attn: Ms. Mary Overstreet, OUSD(AT&L)DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, OUSD (AT&L) DPAP/ DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060. Telephone 703–602–0311; facsimile 703–602–0350. Please cite DFARS Case 2009–D043. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: A. Background Current DFARS policy requires contractors to report to the DoD Item Unique Identification (IUID) Registry property that is classified as equipment, special tooling, and special test VerDate Mar<15>2010 17:40 Dec 21, 2010 Jkt 223001 equipment items valued at $5,000 or more, and items valued at less than $5,000 when required in accordance with contract terms and conditions. In lieu of these dollar thresholds, reporting requirements are being revised and expanded to require contractors to report Government-furnished property (GFP) with existing unique item identification to the DoD IUID Registry; and all GFP without an existing unique item identification shall be reported to the DoD GFP Hub. The clause at 252.211–7007, Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry, is being renamed as ‘‘Reporting of GovernmentFurnished Property,’’ revised to expand definitions, and provide guidance on reporting of GFP to the DoD IUID Registry or the GFP Hub. This clause applies to commercial contracts that have GFP and reporting applicability, and is added to the list of solicitation provisions and contract clauses applicable to the acquisition of commercial items at 212.301. Additionally, the clause at 252.251– 7000 is revised to require electronic receipts of property obtained from a Government supply source. B. Regulatory Flexibility Act DoD has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. A copy of the analysis may be obtained from the point of contact specified herein. The analysis is summarized as follows: The objective of the rule is to improve the accountability and control of DoD assets. This rule proposes to amend the Defense Federal Acquisition Regulation Supplement to revise and expand reporting requirements for Governmentfurnished equipment to include GFP that is both uniquely and non-uniquely identified, and clarifies policy for contractor access to Government supply sources. The proposed clause requires contractors to identify and report Government-furnished property with existing unique item identification to the DoD IUID Registry; and all GFP without an existing unique item identification shall be reported to the DoD GFP Hub. At this time, DoD is unable to estimate the number of small entities to which this rule will apply. Therefore, DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 80427 comments separately and should cite 5 U.S.C. 610 (DFARS Case 2009–D043) in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act (Pub. L. 96–511) applies because the rule imposes information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. The information collection requirements under this proposed rule were formerly approved by the Office of Management and Budget, under clearance number 0704–0246. The requirements of this proposed rule are expected to have only a marginal impact, and are not expected to change the overall burden hours approved under clearance number 0704–0246. The rule removes the mandatory $5,000 unit acquisition cost dollar threshold for reporting. This does not significantly impact items valued at less than $5,000 in unit acquisition cost as they were also previously required to be reported if they were serially managed, mission essential, sensitive, or controlled inventory. While the proposed rule adds reporting of Government-furnished material and reparables, this additional requirement is expected to be offset by removal of the $5,000 mandatory reporting threshold. Interested parties are invited to provide comments on the potential impact. List of Subjects in 48 CFR Parts 211, 212, and 252 Government procurement. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR parts 211, 212, and 252 as follows: 1. The authority citation for 48 CFR parts 211, 212, and 252, continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR chapter 1. PART 211—DESCRIBING AGENCY NEEDS 2. Amend section 211.274–2, by revising paragraph (b)(2)(ii) to read as follows: 211.274–2 Policy for unique item identification. * * * * * (b)(2)(ii) The DoD Unique Identification Policy Office must receive a copy of the determination and findings required by paragraph (b)(2)(i) of this subsection. Send the copy to DPAP/Program Development and Implementation, Deputy Director, 3060 E:\FR\FM\22DEP1.SGM 22DEP1 80428 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules Defense Pentagon, 3B855, Washington, DC 20301–3060; or by facsimile to 703– 602–6047. 3. Revise section 211.274–4 to read as follows: 211.274–4 Policy for reporting of Government-furnished property. (a) It is DoD policy that all Government-furnished property be recorded in the DoD Item Unique Identification (IUID) Registry or GFP Hub, as defined in the clause at 252.211–7007, Reporting of Government-Furnished Property, as follows: (1) All property with an existing assigned Unique Item Identifier (UII) shall be reported to the DoD IUID Registry. (2) All property without an existing assigned UII shall be reported to the GFP Hub. (b) The following items are not required to be reported: (1) Contractor-acquired property as defined in FAR part 45; (2) Property under any statutory leasing authority; (3) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments; (4) Intellectual property or software; and (5) Real property. 4. Revise section 211.274–6 to read as follows: srobinson on DSKHWCL6B1PROD with PROPOSALS 211.274–6 Contract clauses. (a)(1) Use the clause at 252.211–7003, Item Identification and Valuation, in solicitations and contracts that— (i) Require item identification or valuation, or both, in accordance with 211.274–2 and 211.274–3; or (ii) Are cost-reimbursement contracts that may result in the acquisition of contractor-acquired property (see FAR 45.101). (2) Complete paragraph (c)(1)(ii) of the clause with the contract line, subline, or exhibit line item number and description of any item(s) below $5,000 in unit acquisition cost for which DoD unique item identification or a DoDrecognized unique identification equivalent is required in accordance with 211.274–2(a)(2) or (3). (3) Complete paragraph (c)(1)(iii) of the clause with the applicable attachment number, when DoD unique item identification or a DoD-recognized unique identification equivalent is required in accordance with 211.274– 2(a)(4) for DoD serially managed subassemblies, components, or parts embedded within deliverable items. (4) Use the clause with its Alternate I if— VerDate Mar<15>2010 17:40 Dec 21, 2010 Jkt 223001 (i) An exception in 211.274–2(b) applies; or (ii) Items are to be delivered to the Government and none of the criteria for placing a unique item identification mark applies. (b) Use the clause at 252.211–7007, Reporting of Government-Furnished Property, in solicitations and contracts that contain the clause at— (1) FAR 52.245–1, Government Property; or (2) FAR 52.245–2, Government Property Installation Operation Services. (c) Use the clause at 252.211–7008, Use of Government-Assigned Serial Numbers, in solicitations and contracts that— (1) Contain the clause at 252.211– 7003, Item Identification and Valuation; and (2) Require the contractor to mark major end items under the terms and conditions of the contract. (iii) Use the clause at 252.212–7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, in all solicitations and contracts for commercial items, completing paragraphs (a) and (b), as appropriate. (iv) Provisions and clauses prescribed elsewhere in DFARS as follows: (A) Use the provision at 252.209– 7001, Disclosure of Ownership or Control by the Government of a Terrorist Country, as prescribed in 209.104–70(a). (B) Use the clause at 252.211–7003, Item Identification and Valuation, as prescribed in 211.274–6. (C) Use the clause at 252.211–7006, Radio Frequency Identification, as prescribed in 211.275–3. (D) Use the clause at 252.211–7007, Reporting of Government-Furnished Property, as prescribed in DFARS 211.274–6. PART 212—ACQUISITION OF COMMERCIAL ITEMS (E) Use the provision at 252.225– 7010, Commercial Derivative Military 5. Revise section 212.301 to read as Article—Specialty Metals Compliance follows: Certificate, as prescribed in 225.7003– 5(b). 212.301 Solicitation provisions and contract clauses for the acquisition of (F) Use the clause at 252.225–7040, commercial items. Contractor Personnel Authorized to (f) The following additional Accompany U.S. Armed Forces provisions and clauses apply to DoD Deployed Outside the United States, as solicitations and contracts for the prescribed in 225.7402–4. acquisition of commercial items. If the (G) Use the clause at 252.225–7043, offeror has completed the provisions Antiterrorism/Force Protection Policy listed in paragraph (f)(i) or (ii) of this for Defense Contractors Outside the section electronically as part of its United States, in solicitations and annual representations and contracts that include the clause at certifications at https://orca.bpn.gov, the 252.225–7040. contracting officer may consider this (H) Use the clause at 252.232–7009, information instead of requiring the Mandatory Payment by offeror to complete these provisions for Governmentwide Commercial Purchase a particular solicitation. (i) Use one of the following provisions Card, as prescribed in 232.1110. (I) Use the clause at 252.232–7010, as prescribed in part 225: Levies on Contract Payments, as (A) 252.225–7000, Buy American prescribed in 232.7102. Act—Balance of Payments Program Certificate. (J) Use the clause at 252.232–7011, (B) 252.225–7020, Trade Agreements Payments in Support of Emergencies Certificate. and Contingency Operations, as (C) 252.225–7035, Buy American prescribed in 232.908. Act—Free Trade Agreements—Balance (K) Use the clause at 252.246–7003, of Payments Program Certificate. Notification of Potential Safety Issues, (ii) Use the provision at 252.212– as prescribed in 246.371. 7000, Offeror Representations and (L) Use the provision at 252.247– Certifications—Commercial Items, in all 7026, Evaluation Preference for Use of solicitations for commercial items Domestic Shipyards—Applicable to exceeding the simplified acquisition Acquisition of Carriage by Vessel for threshold. If an exception to 10 U.S.C. 2410i applies to a solicitation exceeding DoD Cargo in the Coastwise or the simplified acquisition threshold (see Noncontiguous Trade, as prescribed in 247.574(e). 225.7603), indicate on an addendum (M) Use the clause at 252.247–7027, that ‘‘The certification in paragraph (b) Riding Gang Member Requirements, as of the provision at 252.212–7000 does prescribed in 247.574(f). not apply to this solicitation.’’ PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 E:\FR\FM\22DEP1.SGM 22DEP1 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 6. Revise section 252.211–7007 to read as follows: 252.211–7007 Reporting of GovernmentFurnished Property. srobinson on DSKHWCL6B1PROD with PROPOSALS As prescribed in 211.274–6(b), use the following clause: Reporting of Government-Furnished Property (Date) (a) Definitions. As used in this clause— Acquisition cost, for Government-furnished property, means the amount identified in the contract, or in the absence of such identification, the item’s fair market value. Commercial and Government entity (CAGE) code means— (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an ‘‘NCAGE code.’’ Government-furnished property (GFP) means property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract, including performance by subcontractors and at prime contractor alternate locations. Governmentfurnished property includes reparables, e.g., spares and property furnished for repair, maintenance, overhaul, or modification; and Government-furnished material that is requisitioned from Government supply sources without reimbursement by the contractor. GFP Hub means an automated data base for capturing records of Government-furnished property sent on a non-reimbursable basis to a contractor without a unique item identifier assigned. Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. IUID Registry means— (1) The authoritative source of Government unit acquisition cost for items with unique item identifiers acquired after January 1, 2004, for unique item identifier pedigree data established at delivery, as defined by DFARS 252.211–7003; (2) The master data source for Governmentfurnished property; and (3) An authoritative source for establishing the full cost of end-item equipment. National stock number (NSN) means a 13digit stock number used to identify items of supply. It consists of a 4-digit Federal Supply Code and a 9-digit National Item Identification Number. Nomenclature means— (1) The combination of a Governmentassigned type designation and an approved item name; (2) Names assigned to kinds and groups of products; or (3) Formal designations assigned to products by customer or supplier (such as VerDate Mar<15>2010 17:40 Dec 21, 2010 Jkt 223001 model number, or model type, design differentiation, specific design series or configuration). Part or identifying number (PIN) means the identifier assigned by the original design activity, or by the controlling nationally recognized standard, that uniquely identifies (relative to that design activity) a specific item. Serial number means an assigned designation that provides a means of identifying a specific individual item. Special test equipment means either single or multipurpose integrated test units engineered, designed, fabricated, or modified to accomplish special purpose testing in performing a contract. It consists of items or assemblies of equipment including foundations and similar improvements necessary for installing special test equipment, and standard or general purpose items or components that are interconnected and interdependent so as to become a new functional entity for special testing purposes. Special test equipment does not include material, special tooling, real property, or equipment items used for general testing purposes, or property that with relatively minor expense can be made suitable for general purpose use. Special tooling means jigs, dies, fixtures, molds, patterns, taps, gauges, and all components of these items, including foundations and similar improvements necessary for installing special tooling, and which are of such a specialized nature that without substantial modification or alteration their use is limited to the development or production of particular supplies or parts thereof or to the performance of particular services. Special tooling does not include material, special test equipment, real property, equipment, machine tools, or similar capital items. Supply condition code means a classification of materiel in terms of readiness for issue and use or to identify action underway to change the status of materiel. Supply condition code A—serviceable means new, used, repaired, or reconditioned materiel which is serviceable and issuable to all customers without limitation or restriction; includes materiel with more than 6 months shelf life remaining. Supply condition code F—unserviceable (repairable) means economically reparable materiel which requires repair, overhaul, or reconditioning; includes reparable items which are radioactively contaminated. Supply condition code G—unserviceable (incomplete) means materiel requiring additional parts or components to complete the end item prior to issue. Supply condition code H—unserviceable (beyond repair) means materiel which has been determined to be unserviceable and does not meet repair criteria; includes condemned items which are radioactively contaminated. Supply condition code J—suspended (misidentified or misdirected to the facility) means materiel in stock which has been suspended from issue pending condition classification or analysis, where the true condition is not known. PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 80429 Type designation means a combination of letters and numbers arranged in a specific sequence to provide a short significant method of identification. Unique item identifier (UII) means a set of data elements permanently marked on an item that is globally unique and unambiguous and never changes, in order to provide traceability of the item throughout its total life cycle. The term includes a concatenated UII or a DoD recognized unique identification equivalent. Unit of issue means the physical measurement of count or quantity (such as each, dozen, gallon, or kilogram) in which an item is procured, stored, and released. (b) Requirement for reporting of Government-furnished property (GFP) to the DoD Item Unique Identification (IUID) Registry or GFP Hub. Except as provided in paragraph (c) of this clause, the contractor shall report to the DoD IUID Registry or the GFP Hub, as appropriate— (1) All GFP with an existing Unique Item Identifier (UII) assigned shall be reported to the DoD IUID Registry. (2) All GFP without an existing UII assigned shall be reported to the GFP Hub. (c) Exceptions. Paragraph (b) of this clause does not apply to— (1) Contractor-acquired property that has not been delivered to, and accepted by, the Government; (2) Property under any statutory leasing authority; (3) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performancebased payments; (4) Intellectual property or software; or (5) Real property. (d) When required by contract terms and conditions, the contractor shall assign a UII to each item of GFP, including those items previously reported to the GFP Hub. Upon UII assignment and reporting, the contractor shall debit the property record from the GFP Hub. (e) Procedures for establishing UIIs. To permit reporting of virtual UIIs to the DoD IUID Registry, the Contractor’s property management system shall enable the following data elements in addition to those required by paragraphs (f)(1)(iii)(A)(1) through (3), (5), (7), (8), and (10) of the Government Property clause of this contract (FAR 52.245–1): (1) Parent UII. (2) UII as required by FAR 52.245– 1(f)(1)(iii)(A)(4). (3) Received/sent (shipped) date as required by FAR 52.245–1(f)(1)(iii)(A)(9). (4) Category code, if applicable (‘‘ST’’ for special tooling, ‘‘STE’’ for special test equipment). (5) Supply condition code (‘‘A’’ for serviceable, ‘‘F’’ for unserviceable (repairable), ‘‘G’’ for unserviceable (incomplete), ‘‘H’’ for unserviceable (beyond repair), ‘‘J’’ suspended (misidentified or misdirected to the facility). (6) Accountable contract number (as required by FAR 52.245–1(f)(1)(iii)(A)(6)). (7) Commercial and Government Entity (CAGE) code on the accountable contract. (8) Mark record. E:\FR\FM\22DEP1.SGM 22DEP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 80430 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules (i) Bagged or tagged code (for items too small to individually tag or mark). (ii) Contents (the type of information recorded on the item, e.g., item internal control number). (iii) Effective date (date the mark is applied). (iv) Added or removed code/flag. (v) Marker code (designates which code is used in the marker identifier, e.g., D=CAGE, UN=DUNS, LD=DODAAC). (vi) Marker identifier, e.g., Contractor’s CAGE code or DUNS number. (vii) Medium code; how the data is recorded, e.g., barcode, contact memory button. (viii) Value, e.g., actual text or data string that is recorded in its human-readable form. (ix) Set (used to group marks when multiple sets exist). (f) Procedures for reporting of Governmentfurnished property to the IUID Registry or the GFP Hub. Except as provided in paragraph (c) of this clause— (1) GFP with a UII assigned—The Contractor shall establish and report to the IUID Registry the information required by FAR clause 52.245–1, paragraphs (e) and (f)(1)(iii), in accordance with the data submission procedures at http:// www.acq.osd.mil/dpap/pdi/uid/ data_submission_information.html. (2) GFP without a UII assigned—The Contractor shall submit the following information in accordance with the instructions at http://www.acq.osd.mil/dpap/ pdi/uid/data_submission_information.html. Common data elements include the following: (i) Description/nomenclature. (ii) Type designation, if assigned. (iii) NSN. (iv) PIN. (v) CAGE code of reporting contractor. (vi) Supply condition code per paragraph (e)(5) of this clause. (vii) Unit acquisition cost. (viii) Contract number. (ix) Quantity. (x) Unit of issue. (xi) Serial number, if assigned. (g) Procedures for updating the DoD IUID Registry. The Contractor shall update the DoD IUID Registry at https://www.bpn.gov/iuid for changes in status, mark, custody, condition code, or disposition of items— (1) Delivered or shipped from the Contractor’s plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; (2) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract as determined by the Government property administrator, including reasonable inventory adjustments; (3) Disposed of; or (4) Transferred to a follow-on or other contract. (End of clause) 7. Amend section 252.251–7000 by removing ‘‘(NOV 2004)’’ and adding in its place ‘‘(XXX–XXXX)’’, revising introductory paragraph (c), and revising paragraphs (d) through (f) to read as follows: VerDate Mar<15>2010 17:40 Dec 21, 2010 Jkt 223001 252.251–7000 Ordering From Government Supply Sources. * * * * * (c) When placing orders for Government stock [on a reimbursable basis], the Contractor shall— * * * (d) When placing orders for Government stock on a non-reimbursable basis, the Contractor shall— (1) Comply with the requirements of the Contracting Officer’s authorization. (2) When using electronic transactions to submit requisitions on a non-reimbursable basis only, orders shall be placed by authorizing contract number using the Defense Logistics Management System (DLMS) Supplement to Federal Implementation Convention 511R, Requisition; and receipts shall be acknowledged by authorizing contract number using the DLMS Supplement 527R, Receipt, Inquiry, Response and Material Receipt Acknowledgement. (e) Only the Contractor may request authorization for subcontractor use of Government supply sources. The Contracting Officer will not grant authorizations for subcontractor use without approval of the Contractor. (f) Government invoices shall be submitted to the Contractor’s billing address, and Contractor payments shall be sent to the Government remittance address specified below: Contractor’s Billing Address (include point of contact and telephone number): Government Remittance Address (include point of contact and telephone number): (End of clause) [FR Doc. 2010–32099 Filed 12–21–10; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 531 and 533 [Docket No. NHTSA–2010–0175] Passenger Car and Light Truck Average Fuel Economy Standards Request for Product Plan Information—Model Years 2010–2025 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Request for comments. AGENCY: The purpose of this request for comments is to acquire updated information regarding vehicle manufacturers’ future product plans to assist the agency in assessing what corporate average fuel economy (CAFE) standards should be established for passenger cars and light trucks manufactured in model years 2017 and beyond. NHTSA must establish CAFE SUMMARY: PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 standards pursuant to the Energy Policy and Conservation Act, Public Law 94– 163, as amended by the Energy Independence and Security Act (EISA) of 2007, Public Law 110–140. This request is being issued in preparation for an upcoming Joint Notice of Proposed Rulemaking being undertaken by NHTSA and EPA regarding future CAFE and greenhouse gas (GHG) standards currently anticipated to be released by September 30, 2011. DATES: Comments must be received on or before February 22, 2011. ADDRESSES: You may submit comments [identified by Docket No. NHTSA– 2010–0175] by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Telephone: 1–800–647–5527. • Fax: 202–493–2251 Instructions: All submissions must include the agency name and docket number for this proposed collection of information. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or you may visit http:// www.dot.gov/privacy.html. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov and follow the online instructions, or visit the Docket Management Facility at the street address listed above. FOR FURTHER INFORMATION CONTACT: Mr. Ken Katz, Fuel Economy Division, Office of International Policy, Fuel Economy and Consumer Programs, at (202) 366–0846, facsimile (202) 493– 2290, electronic mail ken.katz@dot.gov. E:\FR\FM\22DEP1.SGM 22DEP1

Agencies

[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Proposed Rules]
[Pages 80426-80430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32099]


=======================================================================
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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211, 212, and 252

[DFARS Case 2009-D043]


Defense Federal Acquisition Regulation Supplement; Reporting of 
Government-Furnished Property

AGENCY: Defense Acquisition Regulations System; Department of Defense 
(DoD).

[[Page 80427]]


ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD proposes to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to revise and expand reporting 
requirements for Government-furnished property to include items 
uniquely and non-uniquely identified, and to clarify policy for 
contractor access to Government supply sources.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before February 22, 2011, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2009-D043, 
using any of the following methods:
    o Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``DFARS Case 2009-D043'' under the heading ``Enter keyword or ID'' and 
selecting ``Search.'' Select the link ``Submit a Comment'' that 
corresponds with ``DFARS Case 2009-D043.'' Follow the instructions 
provided at the ``Submit a Comment'' screen. Please include your name, 
company name (if any), and ``DFARS Case 2009-D043'' on your attached 
document.
    E-mail: dfars@osd.mil. Include DFARS Case 2009-D043 in the subject 
line of the message.
    Fax: 703-602-0350.
    Mail: Defense Acquisition Regulations System, Attn: Ms. Mary 
Overstreet, OUSD(AT&L)DPAP/DARS, 3060 Defense Pentagon, Room 3B855, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to 
verify posting (except allow 30 days for posting of comments submitted 
by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, OUSD (AT&L) DPAP/
DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060. 
Telephone 703-602-0311; facsimile 703-602-0350. Please cite DFARS Case 
2009-D043.

SUPPLEMENTARY INFORMATION: 

A. Background

    Current DFARS policy requires contractors to report to the DoD Item 
Unique Identification (IUID) Registry property that is classified as 
equipment, special tooling, and special test equipment items valued at 
$5,000 or more, and items valued at less than $5,000 when required in 
accordance with contract terms and conditions. In lieu of these dollar 
thresholds, reporting requirements are being revised and expanded to 
require contractors to report Government-furnished property (GFP) with 
existing unique item identification to the DoD IUID Registry; and all 
GFP without an existing unique item identification shall be reported to 
the DoD GFP Hub.
    The clause at 252.211-7007, Reporting of Government-Furnished 
Equipment in the DoD Item Unique Identification (IUID) Registry, is 
being renamed as ``Reporting of Government-Furnished Property,'' 
revised to expand definitions, and provide guidance on reporting of GFP 
to the DoD IUID Registry or the GFP Hub. This clause applies to 
commercial contracts that have GFP and reporting applicability, and is 
added to the list of solicitation provisions and contract clauses 
applicable to the acquisition of commercial items at 212.301.
    Additionally, the clause at 252.251-7000 is revised to require 
electronic receipts of property obtained from a Government supply 
source.

B. Regulatory Flexibility Act

    DoD has prepared an initial regulatory flexibility analysis 
consistent with 5 U.S.C. 603. A copy of the analysis may be obtained 
from the point of contact specified herein. The analysis is summarized 
as follows:
    The objective of the rule is to improve the accountability and 
control of DoD assets. This rule proposes to amend the Defense Federal 
Acquisition Regulation Supplement to revise and expand reporting 
requirements for Government-furnished equipment to include GFP that is 
both uniquely and non-uniquely identified, and clarifies policy for 
contractor access to Government supply sources. The proposed clause 
requires contractors to identify and report Government-furnished 
property with existing unique item identification to the DoD IUID 
Registry; and all GFP without an existing unique item identification 
shall be reported to the DoD GFP Hub. At this time, DoD is unable to 
estimate the number of small entities to which this rule will apply. 
Therefore, DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2009-D043) in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 96-511) applies because the 
rule imposes information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq. The information collection requirements under this proposed 
rule were formerly approved by the Office of Management and Budget, 
under clearance number 0704-0246. The requirements of this proposed 
rule are expected to have only a marginal impact, and are not expected 
to change the overall burden hours approved under clearance number 
0704-0246. The rule removes the mandatory $5,000 unit acquisition cost 
dollar threshold for reporting. This does not significantly impact 
items valued at less than $5,000 in unit acquisition cost as they were 
also previously required to be reported if they were serially managed, 
mission essential, sensitive, or controlled inventory. While the 
proposed rule adds reporting of Government-furnished material and 
reparables, this additional requirement is expected to be offset by 
removal of the $5,000 mandatory reporting threshold. Interested parties 
are invited to provide comments on the potential impact.

List of Subjects in 48 CFR Parts 211, 212, and 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR parts 211, 212, and 252 as 
follows:
    1. The authority citation for 48 CFR parts 211, 212, and 252, 
continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR chapter 1.

PART 211--DESCRIBING AGENCY NEEDS

    2. Amend section 211.274-2, by revising paragraph (b)(2)(ii) to 
read as follows:


211.274-2  Policy for unique item identification.

* * * * *
    (b)(2)(ii) The DoD Unique Identification Policy Office must receive 
a copy of the determination and findings required by paragraph 
(b)(2)(i) of this subsection. Send the copy to DPAP/Program Development 
and Implementation, Deputy Director, 3060

[[Page 80428]]

Defense Pentagon, 3B855, Washington, DC 20301-3060; or by facsimile to 
703-602-6047.
    3. Revise section 211.274-4 to read as follows:


211.274-4  Policy for reporting of Government-furnished property.

    (a) It is DoD policy that all Government-furnished property be 
recorded in the DoD Item Unique Identification (IUID) Registry or GFP 
Hub, as defined in the clause at 252.211-7007, Reporting of Government-
Furnished Property, as follows:
    (1) All property with an existing assigned Unique Item Identifier 
(UII) shall be reported to the DoD IUID Registry.
    (2) All property without an existing assigned UII shall be reported 
to the GFP Hub.
    (b) The following items are not required to be reported:
    (1) Contractor-acquired property as defined in FAR part 45;
    (2) Property under any statutory leasing authority;
    (3) Property to which the Government has acquired a lien or title 
solely because of partial, advance, progress, or performance-based 
payments;
    (4) Intellectual property or software; and
    (5) Real property.
    4. Revise section 211.274-6 to read as follows:


211.274-6  Contract clauses.

    (a)(1) Use the clause at 252.211-7003, Item Identification and 
Valuation, in solicitations and contracts that--
    (i) Require item identification or valuation, or both, in 
accordance with 211.274-2 and 211.274-3; or
    (ii) Are cost-reimbursement contracts that may result in the 
acquisition of contractor-acquired property (see FAR 45.101).
    (2) Complete paragraph (c)(1)(ii) of the clause with the contract 
line, subline, or exhibit line item number and description of any 
item(s) below $5,000 in unit acquisition cost for which DoD unique item 
identification or a DoD-recognized unique identification equivalent is 
required in accordance with 211.274-2(a)(2) or (3).
    (3) Complete paragraph (c)(1)(iii) of the clause with the 
applicable attachment number, when DoD unique item identification or a 
DoD-recognized unique identification equivalent is required in 
accordance with 211.274-2(a)(4) for DoD serially managed subassemblies, 
components, or parts embedded within deliverable items.
    (4) Use the clause with its Alternate I if--
    (i) An exception in 211.274-2(b) applies; or
    (ii) Items are to be delivered to the Government and none of the 
criteria for placing a unique item identification mark applies.
    (b) Use the clause at 252.211-7007, Reporting of Government-
Furnished Property, in solicitations and contracts that contain the 
clause at--
    (1) FAR 52.245-1, Government Property; or
    (2) FAR 52.245-2, Government Property Installation Operation 
Services.
    (c) Use the clause at 252.211-7008, Use of Government-Assigned 
Serial Numbers, in solicitations and contracts that--
    (1) Contain the clause at 252.211-7003, Item Identification and 
Valuation; and
    (2) Require the contractor to mark major end items under the terms 
and conditions of the contract.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

    5. Revise section 212.301 to read as follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) The following additional provisions and clauses apply to DoD 
solicitations and contracts for the acquisition of commercial items. If 
the offeror has completed the provisions listed in paragraph (f)(i) or 
(ii) of this section electronically as part of its annual 
representations and certifications at https://orca.bpn.gov, the 
contracting officer may consider this information instead of requiring 
the offeror to complete these provisions for a particular solicitation.
    (i) Use one of the following provisions as prescribed in part 225:
    (A) 252.225-7000, Buy American Act--Balance of Payments Program 
Certificate.
    (B) 252.225-7020, Trade Agreements Certificate.
    (C) 252.225-7035, Buy American Act--Free Trade Agreements--Balance 
of Payments Program Certificate.
    (ii) Use the provision at 252.212-7000, Offeror Representations and 
Certifications--Commercial Items, in all solicitations for commercial 
items exceeding the simplified acquisition threshold. If an exception 
to 10 U.S.C. 2410i applies to a solicitation exceeding the simplified 
acquisition threshold (see 225.7603), indicate on an addendum that 
``The certification in paragraph (b) of the provision at 252.212-7000 
does not apply to this solicitation.''
    (iii) Use the clause at 252.212-7001, Contract Terms and Conditions 
Required to Implement Statutes or Executive Orders Applicable to 
Defense Acquisitions of Commercial Items, in all solicitations and 
contracts for commercial items, completing paragraphs (a) and (b), as 
appropriate.
    (iv) Provisions and clauses prescribed elsewhere in DFARS as 
follows:
    (A) Use the provision at 252.209-7001, Disclosure of Ownership or 
Control by the Government of a Terrorist Country, as prescribed in 
209.104-70(a).
    (B) Use the clause at 252.211-7003, Item Identification and 
Valuation, as prescribed in 211.274-6.
    (C) Use the clause at 252.211-7006, Radio Frequency Identification, 
as prescribed in 211.275-3.
    (D) Use the clause at 252.211-7007, Reporting of Government-
Furnished Property, as prescribed in DFARS 211.274-6.
    (E) Use the provision at 252.225-7010, Commercial Derivative 
Military Article--Specialty Metals Compliance Certificate, as 
prescribed in 225.7003-5(b).
    (F) Use the clause at 252.225-7040, Contractor Personnel Authorized 
to Accompany U.S. Armed Forces Deployed Outside the United States, as 
prescribed in 225.7402-4.
    (G) Use the clause at 252.225-7043, Antiterrorism/Force Protection 
Policy for Defense Contractors Outside the United States, in 
solicitations and contracts that include the clause at 252.225-7040.
    (H) Use the clause at 252.232-7009, Mandatory Payment by 
Governmentwide Commercial Purchase Card, as prescribed in 232.1110.
    (I) Use the clause at 252.232-7010, Levies on Contract Payments, as 
prescribed in 232.7102.
    (J) Use the clause at 252.232-7011, Payments in Support of 
Emergencies and Contingency Operations, as prescribed in 232.908.
    (K) Use the clause at 252.246-7003, Notification of Potential 
Safety Issues, as prescribed in 246.371.
    (L) Use the provision at 252.247-7026, Evaluation Preference for 
Use of Domestic Shipyards--Applicable to Acquisition of Carriage by 
Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as 
prescribed in 247.574(e).
    (M) Use the clause at 252.247-7027, Riding Gang Member 
Requirements, as prescribed in 247.574(f).

[[Page 80429]]

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    6. Revise section 252.211-7007 to read as follows:


252.211-7007  Reporting of Government-Furnished Property.

    As prescribed in 211.274-6(b), use the following clause:

Reporting of Government-Furnished Property (Date)

    (a) Definitions. As used in this clause--
    Acquisition cost, for Government-furnished property, means the 
amount identified in the contract, or in the absence of such 
identification, the item's fair market value.
    Commercial and Government entity (CAGE) code means--
    (1) A code assigned by the Defense Logistics Information Service 
(DLIS) to identify a commercial or Government entity; or
    (2) A code assigned by a member of the North Atlantic Treaty 
Organization that DLIS records and maintains in the CAGE master 
file. This type of code is known as an ``NCAGE code.''
    Government-furnished property (GFP) means property in the 
possession of, or directly acquired by, the Government and 
subsequently furnished to the contractor for performance of a 
contract, including performance by subcontractors and at prime 
contractor alternate locations. Government-furnished property 
includes reparables, e.g., spares and property furnished for repair, 
maintenance, overhaul, or modification; and Government-furnished 
material that is requisitioned from Government supply sources 
without reimbursement by the contractor.
    GFP Hub means an automated data base for capturing records of 
Government-furnished property sent on a non-reimbursable basis to a 
contractor without a unique item identifier assigned.
    Item means a single hardware article or a single unit formed by 
a grouping of subassemblies, components, or constituent parts.
    IUID Registry means--
    (1) The authoritative source of Government unit acquisition cost 
for items with unique item identifiers acquired after January 1, 
2004, for unique item identifier pedigree data established at 
delivery, as defined by DFARS 252.211-7003;
    (2) The master data source for Government-furnished property; 
and
    (3) An authoritative source for establishing the full cost of 
end-item equipment.
    National stock number (NSN) means a 13-digit stock number used 
to identify items of supply. It consists of a 4-digit Federal Supply 
Code and a 9-digit National Item Identification Number.
    Nomenclature means--
    (1) The combination of a Government-assigned type designation 
and an approved item name;
    (2) Names assigned to kinds and groups of products; or
    (3) Formal designations assigned to products by customer or 
supplier (such as model number, or model type, design 
differentiation, specific design series or configuration).
    Part or identifying number (PIN) means the identifier assigned 
by the original design activity, or by the controlling nationally 
recognized standard, that uniquely identifies (relative to that 
design activity) a specific item.
    Serial number means an assigned designation that provides a 
means of identifying a specific individual item.
    Special test equipment means either single or multipurpose 
integrated test units engineered, designed, fabricated, or modified 
to accomplish special purpose testing in performing a contract. It 
consists of items or assemblies of equipment including foundations 
and similar improvements necessary for installing special test 
equipment, and standard or general purpose items or components that 
are interconnected and interdependent so as to become a new 
functional entity for special testing purposes. Special test 
equipment does not include material, special tooling, real property, 
or equipment items used for general testing purposes, or property 
that with relatively minor expense can be made suitable for general 
purpose use.
    Special tooling means jigs, dies, fixtures, molds, patterns, 
taps, gauges, and all components of these items, including 
foundations and similar improvements necessary for installing 
special tooling, and which are of such a specialized nature that 
without substantial modification or alteration their use is limited 
to the development or production of particular supplies or parts 
thereof or to the performance of particular services. Special 
tooling does not include material, special test equipment, real 
property, equipment, machine tools, or similar capital items.
    Supply condition code means a classification of materiel in 
terms of readiness for issue and use or to identify action underway 
to change the status of materiel.
    Supply condition code A--serviceable means new, used, repaired, 
or reconditioned materiel which is serviceable and issuable to all 
customers without limitation or restriction; includes materiel with 
more than 6 months shelf life remaining.
    Supply condition code F--unserviceable (repairable) means 
economically reparable materiel which requires repair, overhaul, or 
reconditioning; includes reparable items which are radioactively 
contaminated.
    Supply condition code G--unserviceable (incomplete) means 
materiel requiring additional parts or components to complete the 
end item prior to issue.
    Supply condition code H--unserviceable (beyond repair) means 
materiel which has been determined to be unserviceable and does not 
meet repair criteria; includes condemned items which are 
radioactively contaminated.
    Supply condition code J--suspended (misidentified or misdirected 
to the facility) means materiel in stock which has been suspended 
from issue pending condition classification or analysis, where the 
true condition is not known.
    Type designation means a combination of letters and numbers 
arranged in a specific sequence to provide a short significant 
method of identification.
    Unique item identifier (UII) means a set of data elements 
permanently marked on an item that is globally unique and 
unambiguous and never changes, in order to provide traceability of 
the item throughout its total life cycle. The term includes a 
concatenated UII or a DoD recognized unique identification 
equivalent.
    Unit of issue means the physical measurement of count or 
quantity (such as each, dozen, gallon, or kilogram) in which an item 
is procured, stored, and released.
    (b) Requirement for reporting of Government-furnished property 
(GFP) to the DoD Item Unique Identification (IUID) Registry or GFP 
Hub. Except as provided in paragraph (c) of this clause, the 
contractor shall report to the DoD IUID Registry or the GFP Hub, as 
appropriate--
    (1) All GFP with an existing Unique Item Identifier (UII) 
assigned shall be reported to the DoD IUID Registry.
    (2) All GFP without an existing UII assigned shall be reported 
to the GFP Hub.
    (c) Exceptions. Paragraph (b) of this clause does not apply to--
    (1) Contractor-acquired property that has not been delivered to, 
and accepted by, the Government;
    (2) Property under any statutory leasing authority;
    (3) Property to which the Government has acquired a lien or 
title solely because of partial, advance, progress, or performance-
based payments;
    (4) Intellectual property or software; or
    (5) Real property.
    (d) When required by contract terms and conditions, the 
contractor shall assign a UII to each item of GFP, including those 
items previously reported to the GFP Hub. Upon UII assignment and 
reporting, the contractor shall debit the property record from the 
GFP Hub.
    (e) Procedures for establishing UIIs. To permit reporting of 
virtual UIIs to the DoD IUID Registry, the Contractor's property 
management system shall enable the following data elements in 
addition to those required by paragraphs (f)(1)(iii)(A)(1) through 
(3), (5), (7), (8), and (10) of the Government Property clause of 
this contract (FAR 52.245-1):
    (1) Parent UII.
    (2) UII as required by FAR 52.245-1(f)(1)(iii)(A)(4).
    (3) Received/sent (shipped) date as required by FAR 52.245-
1(f)(1)(iii)(A)(9).
    (4) Category code, if applicable (``ST'' for special tooling, 
``STE'' for special test equipment).
    (5) Supply condition code (``A'' for serviceable, ``F'' for 
unserviceable (repairable), ``G'' for unserviceable (incomplete), 
``H'' for unserviceable (beyond repair), ``J'' suspended 
(misidentified or misdirected to the facility).
    (6) Accountable contract number (as required by FAR 52.245-
1(f)(1)(iii)(A)(6)).
    (7) Commercial and Government Entity (CAGE) code on the 
accountable contract.
    (8) Mark record.

[[Page 80430]]

    (i) Bagged or tagged code (for items too small to individually 
tag or mark).
    (ii) Contents (the type of information recorded on the item, 
e.g., item internal control number).
    (iii) Effective date (date the mark is applied).
    (iv) Added or removed code/flag.
    (v) Marker code (designates which code is used in the marker 
identifier, e.g., D=CAGE, UN=DUNS, LD=DODAAC).
    (vi) Marker identifier, e.g., Contractor's CAGE code or DUNS 
number.
    (vii) Medium code; how the data is recorded, e.g., barcode, 
contact memory button.
    (viii) Value, e.g., actual text or data string that is recorded 
in its human-readable form.
    (ix) Set (used to group marks when multiple sets exist).
    (f) Procedures for reporting of Government-furnished property to 
the IUID Registry or the GFP Hub. Except as provided in paragraph 
(c) of this clause--
    (1) GFP with a UII assigned--The Contractor shall establish and 
report to the IUID Registry the information required by FAR clause 
52.245-1, paragraphs (e) and (f)(1)(iii), in accordance with the 
data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html.
    (2) GFP without a UII assigned--The Contractor shall submit the 
following information in accordance with the instructions at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html. 
Common data elements include the following:
    (i) Description/nomenclature.
    (ii) Type designation, if assigned.
    (iii) NSN.
    (iv) PIN.
    (v) CAGE code of reporting contractor.
    (vi) Supply condition code per paragraph (e)(5) of this clause.
    (vii) Unit acquisition cost.
    (viii) Contract number.
    (ix) Quantity.
    (x) Unit of issue.
    (xi) Serial number, if assigned.
    (g) Procedures for updating the DoD IUID Registry. The 
Contractor shall update the DoD IUID Registry at https://www.bpn.gov/iuid for changes in status, mark, custody, condition 
code, or disposition of items--
    (1) Delivered or shipped from the Contractor's plant, under 
Government instructions, except when shipment is to a subcontractor 
or other location of the Contractor;
    (2) Consumed or expended, reasonably and properly, or otherwise 
accounted for, in the performance of the contract as determined by 
the Government property administrator, including reasonable 
inventory adjustments;
    (3) Disposed of; or
    (4) Transferred to a follow-on or other contract. (End of 
clause)

    7. Amend section 252.251-7000 by removing ``(NOV 2004)'' and adding 
in its place ``(XXX-XXXX)'', revising introductory paragraph (c), and 
revising paragraphs (d) through (f) to read as follows:


252.251-7000  Ordering From Government Supply Sources.

* * * * *
    (c) When placing orders for Government stock [on a reimbursable 
basis], the Contractor shall--
    * * *
    (d) When placing orders for Government stock on a non-
reimbursable basis, the Contractor shall--
    (1) Comply with the requirements of the Contracting Officer's 
authorization.
    (2) When using electronic transactions to submit requisitions on 
a non-reimbursable basis only, orders shall be placed by authorizing 
contract number using the Defense Logistics Management System (DLMS) 
Supplement to Federal Implementation Convention 511R, Requisition; 
and receipts shall be acknowledged by authorizing contract number 
using the DLMS Supplement 527R, Receipt, Inquiry, Response and 
Material Receipt Acknowledgement.
    (e) Only the Contractor may request authorization for 
subcontractor use of Government supply sources. The Contracting 
Officer will not grant authorizations for subcontractor use without 
approval of the Contractor.
    (f) Government invoices shall be submitted to the Contractor's 
billing address, and Contractor payments shall be sent to the 
Government remittance address specified below:
    Contractor's Billing Address (include point of contact and 
telephone number):
    Government Remittance Address (include point of contact and 
telephone number):


(End of clause)

[FR Doc. 2010-32099 Filed 12-21-10; 8:45 am]
BILLING CODE 5001-08-P