Defense Federal Acquisition Regulation Supplement; Reporting of Government-Furnished Property, 80426-80430 [2010-32099]
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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).
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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).
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[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
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5 U.S.C. 603(a).
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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: https://
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 https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://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
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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
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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
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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—
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(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.’’
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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
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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.
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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.
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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 https://
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 https://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
https://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 https://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 https://
www.dot.gov/privacy.html.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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]
=======================================================================
-----------------------------------------------------------------------
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: https://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 https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check https://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 https://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 https://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
