Defense Federal Acquisition Regulation Supplement (DFARS); Warranty Tracking of Serialized Items, DFARS Case 2009-D018, 33166-33170 [2011-14104]
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Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations
does this represent? What percentage of
these wireless devices are standard
(original) equipment on vessels and
engines? What are the installation and
maintenance costs (labor and
equipment) of wireless devices? What is
the expected lifespan of wireless
devices? Are there any special
performance or failure issues unique to
wireless devices?
18. How would this proposal change
boater preference for wireless engine
cut-off switch devices? Would boaters
choose more expensive wireless systems
over standard non-wireless systems? If
so, why and how many?
19. As a result of this proposal, would
vessel and engine manufacturers adopt
wireless technology as standard
equipment?
20. Would this proposal increase the
use and wear of engine cut-off switch
devices over and above the
manufacturer’s recommended use?
Would this proposal increase the
replacement costs of engine cut-off
switch devices?
21. What is the risk of unintended
activations of engine cut-off switch
devices? What is the current estimated
rate of unintended activations? What are
the impacts of unintended activations?
Are there any injuries or fatalities
associated with unintended activations?
22. What is the risk of engine cut-off
switch device failure (i.e., engine does
not cut off when operator is ejected)?
What is the current estimated rate of
engine cut-off switch device failures?
What are the impacts of engine cut-off
switch device failures? Are there any
injuries or fatalities associated with
engine cut-off switch device failures?
23. What data or information exists
that could be used to estimate
compliance rates of this proposal? What
data exists to estimate how compliance
with proposal will change from initial
phase-in to full implementation?
24. How would the challenge to
visually inspect from a distance whether
an engine cut-off switch device is being
used affect compliance with engine cutoff switch device requirements?
25. What are the compliance rates
with State laws that require use of
engine cut-off switch devices?
26. What is the voluntary use rate of
engine cut-off switch devices in States
without engine cut-off switch device
laws?
27. Five States (Alabama, Arkansas,
Illinois, Louisiana, and Nevada)
currently require boaters to use engine
cut-off devices on certain recreational
vessels. What other State laws are being
developed for engine cut-off switch
device regulations? Please provide any
data or information from the
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implementation or development of these
State regulations to assist the Coast
Guard as it considers whether to require
engine cut-off switch device use.
28. What are the costs associated with
implementation of State laws requiring
mandatory use of engine cut-off switch
devices?
29. What is the effectiveness based on
the reduction in fatalities, injuries, and
property damage from recent changes in
State laws regarding the use of engine
cut-off switch devices?
Dated: June 2, 2011.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of
Prevention Policy.
[FR Doc. 2011–14140 Filed 6–7–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211, 246, and 252
RIN 0750–AG74
Defense Federal Acquisition
Regulation Supplement (DFARS);
Warranty Tracking of Serialized Items,
DFARS Case 2009–D018
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a policy memorandum of the
Undersecretary of Defense for
Acquisition, Technology and Logistics
dated February 6, 2007, which required
definition of the requirements to track
warranties for Item Unique
Identification-required items in the DoD
Item Unique Identification Registry.
This final rule stresses that the
enforcement of warranties is essential to
the effectiveness and efficiency of DoD’s
material readiness.
DATES: Effective date: June 8, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Julian Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The Undersecretary of Defense for
Acquisition, Technology and Logistics
issued a policy memorandum dated
February 6, 2007, which instructed the
Director of Defense Procurement and
Acquisition Policy to define the
requirements to track warranties for
Item Unique Identification-required
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items in the DoD Item Unique
Identification Registry. The capability to
track warranties will significantly
enhance the ability of DoD to—
• Identify and enforce warranties;
• Ensure sufficient durations of
warranties for specific goods; and
• Realize improved material
readiness.
DoD issued a proposed rule in the
Federal Register at 75 FR 52917 on
August 30, 2010, to address the
requirement to more effectively track
warranties for Item Unique
Identification items. The comment
period closed October 29, 2010.
II. Public Comment
One respondent submitted comments
to the proposed rule, which are
discussed below.
Comment: The respondent states that
while the unique item identification
requirement was not established for the
purpose of tracking warranty items, its
use as a warranty-tracking methodology
would result in increased costs for
contractors and the Government. The
addition of warranted items to DFARS
211.274–2 will expand the criteria for
selecting the items to be uniquely
identified. Today, that determination is
based almost completely on the value of
the item. Warranted items may or may
not meet the value criterion established
for determining what should be
uniquely identified and marked. An
application of unique item
identification to warranted items may
cause a part to be covered by unique
item identification under a contract
calling for warranty and not covered by
unique item identification on another
contract without warranty.
Response: This requirement applies to
any ‘‘warranted serialized item,’’ and a
clarifying change was made at 211.274–
2(4)(iii) by adding the term ‘‘any
warranted serialized item.’’
Comment: The respondent also
recommends that DoD not publish a
final rule on warranty tracking of
serialized items.
Response: DoD requires a more
effective way to track warranties for
Item Unique Identification items.
Presently, DoD lacks the enterprise
capability to provide visibility and
accountability of warranty data
associated with acquired goods. The
tracking of warranties, from the
identification of the requirement to the
expiration date of the warranted item,
will significantly enhance the ability of
DoD to take full advantage of warranties
when they are part of an acquisition.
This will result in reduced costs, ability
to recognize benefits, and the ability to
compare performance against
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srobinson on DSK4SPTVN1PROD with RULES
Government-specified warranties. The
consequence of not collecting this data
is that warranty management of mission
critical assets is not optimized, which
may have a significant impact during
time of war or in response to
contingencies. When this capability is
developed, it is expected that warranty
information will be collected and shared
by acquisition organizations to
document and improve warranty
management. Additionally, as
counterfeit items, particularly
electronics parts increase, this
traceability of items to a warranty will
assist all members of the supply chain
to manage risk appropriately. This
traceability also leads to ensuring the
Government receives the supplies
purchased, reducing the number of
counterfeit items. Based upon the above,
DoD published a final rule.
III. Additional Technical Changes
Required
During the final rule development,
DoD restructured the layout of the rule
to reduce burden to contractors and to
facilitate data capture. This change
required moving the tables from the
clause at 252.246–7006, Warranty
Tracking of Serialized Items, to
246.710–70, Warranty attachment. This
will enable data capture through the use
of the warranty attachments. DoD has
posted schema to the DPAP/Program
Development and Implementation Web
site at https://www.acq.osd.mil/dpap/
pdi/eb/gfp.html, to facilitate this
process. A summary of the required
technical changes follows—
• DFARS 211.274–2, Policy for
unique item identification—added the
term ‘‘any warranted serialized item’’ to
clarify that this rule applies to serialized
warranted items, regardless of the value.
The existence of a warranty does not
solely create a criterion for Item Unique
Identification applicability.
• DFARS 246.701, Definitions—
added references to definitions for
‘‘duration,’’ ‘‘enterprise,’’ ‘‘enterprise
identifier,’’ ‘‘fixed expiration,’’ ‘‘issuing
agency,’’ ‘‘item type,’’ ‘‘starting event,’’
‘‘serialized item,’’ ‘‘unique item
identifier,’’ ‘‘usage,’’ ‘‘warranty
administrator,’’ ‘‘warranty guarantor,’’
‘‘warranty repair source,’’ and ‘‘warranty
tracking’’ as being defined in the clause
at 252.246–7006.
• DFARS 246.710, Solicitation
provision and contract clauses,
paragraph (5)—replaced previous
references to tables I and II as the
warranty attachments were added to
DFARS 246.710–70. Related
subparagraphs were revised accordingly
to incorporate tables I and II, which
were previously referred to in the
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provision at 252.246–7005, and
included in the clause at 252.246–7006.
Electronic business systems are being
expanded to capture the data elements
needed to support warranty tracking
through the use of an attachment format.
The procurement data strategy, the DoD
method to implement data capture,
relies on attachment file formats. This
format can be embedded in the contract
data file by the contract writing system,
or sent in parallel as a separate
attachment. To facilitate data capture,
the tables for warranty data have been
translated into an XML attachment
schema published by DPAP, and
available at this website: https://
www.acq.osd.mil/dpap/pdi/eb/gfp.html.
This schema will enable data flow from
system to system. Data flow from a
clause is not possible because the clause
is text, not data. Extracting the data
requirements from the clause and
carrying it separately in an attachment
will make the flowing of the data to the
various business systems possible
without modifying every DoD contract
writing system.
• DFARS 246.710–70, Warranty
attachment—a new section was added
to provide two attachments and
completion instructions to replace two
tables previously included in the
proposed clause at 252.247–70YY. The
two new attachments are ‘‘Attachment
__: Warranty Tracking Information,’’ and
‘‘Attachment __: Warranty Repair Source
Instructions.’’
• The ‘‘Warranty Tracking
Information’’ attachment title is
supplemented to include ‘‘Solicitation
or Contract Number [To be filled in by
the contracting officer].’’ Further, this
attachment indicates that data marked
‘‘*’’ is to be completed by the requiring
activity if a warranty is specified by the
Government otherwise all offerors are to
complete those elements as part of their
offers. Data marked by ‘‘**’’ is to be
completed by the contractor at the time
of award. A reference to ‘‘***’’ was
added for data to be completed at or
after the time of award. The definition
for ‘‘warranty administrator enterprise
identifier’’ was revised to include the
term ‘‘globally unique’’ identifier code.
• The ‘‘Warranty Repair Source
Instructions’’ attachment title is
supplemented to include ‘‘Solicitation
or Contract Number [To be filled in by
the contracting officer].’’ Additionally,
the numbering for the table notes was
revised for that table only. The
definition for ‘‘warranty administrator
enterprise identifier’’ was revised for
clarity to include the term ‘‘globally
unique’’ identifier code rather than
using the term ‘‘non-repeatable.’’ Also, a
note for ‘‘instructions’’ was moved from
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33167
the table, and made a stand-alone note
under the table.
• 252.211–7003(a), Item
Identification and Valuation—the
definition of ‘‘issuing agency’’ was
revised for clarity to include the term a
‘‘globally unique’’ identifier code rather
than using the term ‘‘non-repeatable.’’
• 252.246–7005, Notice of Warranty
Tracking of Serialized Items, was
revised to replace references to tables I
and II, which were incorporated into
DFARS 246.710 as a warranty
attachment.
• 252.246–7006, Warranty Tracking
of Serialized Items—
• Paragraph (a), the definition of
‘‘DoD Item Unique Identification
Registry’’ was not required for the clause
and was removed. The definition of
‘‘issuing agency’’ was revised to include
the term ‘‘globally unique’’ identifier
code for clarity.
• Paragraph (b) was revised to remove
references to tables I and II as these
tables are incorporated into 246.710–70
as a warranty attachment to facilitate
data flow.
IV. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is not
a significant regulatory action and,
therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
V. Regulatory Flexibility Act
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604 et seq. A copy of the analysis
may be obtained from the point of
contact specified herein and is
summarized below. The objective of this
rule was for DoD to develop a more
effective way to track warranties for
Item Unique Identification items. DoD
has lacked the enterprise capability that
would provide visibility and
accountability of warranty data
associated with acquired goods. The
tracking of warranties, from the
identification of the requirement to the
expiration date of the warranted item,
will significantly enhance the ability of
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DoD to take full advantage of warranties
when they are part of an acquisition,
resulting in the ability to—
• Identify and enforce warranties;
• Ensure sufficient durations of
warranties for specific goods; and
• Realize improved material
readiness.
In FY 2009, DoD issued
approximately 16,000 solicitations that
use warranty clauses. In response to
those solicitations, DoD estimates that
approximately 76,000 offers may have
been received (66,000 from small
business, 10,000 from other than small
business). Of that total, DoD estimates
that 50% of the time the Government
will provide the required warranty
information for 38,000 offers (33,000
small and 5,000 other than small
businesses). Therefore, approximately
33,000 small entities may be impacted
by the rule.
This rule was published as a proposed
rule in the Federal Register at 75 FR
52971, on August 30, 2010. No
comments were received from small
entities on the affected DFARS subpart
with regard to small businesses. We
anticipate that there will be limited, if
any, additional costs imposed on small
businesses unless there is a covered
claim filed against a particular
contractor.
IV. Paperwork Reduction Act
The provision at 252.246–7005,
Notice of Warranty Tracking of
Serialized Items and the clause at
252.246–7006, Warranty Tracking of
Serialized Items, contain new
information collection requirements.
The Office of Management and Budget
has approved the information collection
requirements under Control Number
0704–0481, Warranty Tracking of
Serialized Items.
List of Subjects in 48 CFR Parts 211,
246, and 252
Government procurement.
srobinson on DSK4SPTVN1PROD with RULES
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 211, 246, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 211, 246, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
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PART 211—DESCRIBING AGENCY
NEEDS
2. Amend section 211.274–2 as
follows:
■ (a) Amend paragraph (a)(4)(i) to
remove ‘‘and’’ after the semicolon;
■ (b) Amend paragraph (a)(4)(ii) to add
the word ‘‘and’’ after the semicolon;
■ (c) Add new paragraph (a)(4)(iii) to
read as set forth below.
■
211.271–2 Policy for unique item
identification.
(a) * * *
(4) * * *
(iii) Any warranted serialized item.
PART 246—QUALITY ASSURANCE
3. Revise section 246.701 to read as
follows:
■
246.701 Definitions. As used in this
subpart—
Acceptance as used in this subpart
and in the warranty clauses at FAR
52.246–17, Warranty of Supplies of a
Noncomplex Nature; FAR 52.246–18,
Warranty of Supplies of a Complex
Nature; FAR 52.246–19, Warranty of
Systems and Equipment Under
Performance Specifications or Design
Criteria; and FAR 52.246–20, Warranty
of Services, includes the execution of an
official document (e.g., DD Form 250,
Material Inspection and Receiving
Report) by an authorized representative
of the Government.
Defect means any condition or
characteristic in any supply or service
furnished by the contractor under the
contract that is not in compliance with
the requirements of the contract.
Duration, enterprise, enterprise
identifier, fixed expiration, issuing
agency, item type, starting event,
serialized item, unique item identifier,
usage, warranty administrator, warranty
guarantor, warranty repair source, and
warranty tracking are defined in the
clause at 252.246–7006, Warranty
Tracking of Serialized Items.
■ 4. Amend section 246.710 to:
■ (a) Revise the section title; and
■ (b) Add new paragraph (5)(i).
The additions and revisions read as
follows:
246.710 Solicitation provision and
contract clauses.
*
*
*
*
*
(5)(i) In addition to 252.211–7003,
Item Identification and Valuation,
which is prescribed in 211.274– 6(a),
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use the following provision and clause
in solicitations and contracts when it is
anticipated that the resulting contract
will include a warranty for serialized
items:
(A) 252.246–7005, Notice of Warranty
Tracking of Serialized Items (include
only if offerors will be required to enter
data with the offer); and
(B) 252.246–7006, Warranty Tracking
of Serialized Items.
(ii) If the Government specifies a
warranty, include in the solicitation the
appropriate warranty attachment from
DFARS 246.710–70. The contracting
officer shall request the requiring
activity to provide information to ensure
that Attachment __, Warranty Tracking
Information, is populated with data
specifying the Government’s required
warranty provision by contract line item
number, subline item number, or exhibit
line item number prior to solicitation. In
such case do not include 252.246–7005
in the solicitation.
(iii) If the Government does not
specify a warranty, include 252.246–
7005 in the solicitation, and the
warranty attachment from DFARS
246.710–70. The contractor may offer a
warranty and shall then populate
Attachment _, Warranty Tracking
Information, as appropriate, as part of
its offer as required by 252.246–7005.
(iv) All warranty tracking information
that is indicated with a single asterisk
(*) in Attachment __, Warranty Tracking
Information, shall be completed prior to
award. Data indicated with two asterisks
(**) may be completed at the time of
award. Data indicated with three
asterisks (***) may be completed at or
after the time of award.
(v) The contractor shall provide
warranty repair source instructions (as
prescribed in the attachment) no later
than the time of delivery.
■ 5. Add new section 246.710–70 to
read as follows:
246.710–70
Warranty attachment.
This is the prescribed attachment and
format required and referenced in the
provision at 252.246–7005, Notice of
Warranty Tracking of Serialized Items,
and the clause at 252.246–7006,
Warranty Tracking of Serialized Items.
The contracting officer shall number the
attachment upon issuance of the
solicitation and include the solicitation
or contract number.
AttachmenT l: Warranty Tracking
Information
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33169
SOLICITATION OR CONTRACT NUMBER
[To be filled in by the contracting officer]
Warranty term
Item type
(note (a)) **
CLIN SLIN OR ELIN *
Warranty
item UII ***
Starting
event
(note (b)) *
Usage
(note (c)) *
Quantity *
Duration
(note (d)) *
Unit *
Quantity *
Fixed expiration
(note (e))
Unit *
Date *
Warranty
Administrator Enterprise Identifier Code
Type
(note (f)) **
Warranty
Administrator Enterprise Identifier
(note (g)) **
Warranty
Guarantor
Enterprise
Identifier
Code Type
(note (h)) **
Warranty
Guarantor
Enterprise
Identifier
(note (i)) **
* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers.
** To be completed by the contractor at the time of award.
*** To be completed by the contractor at the time of award (if known) or at the time Attachment l, Warranty Repair Source Instructions is submitted.
Notes:
(a) Item Type.
C—component procured separate from end item.
S—subassembly procured separate from end Item or subassembly.
E—embedded in component, subassembly or end item parent.
P—parent end item.
(b) Starting Event.
A—Acceptance.
I—Installation.
F—First Use.
O—Other.
Warranty term—Choose one of the following:
(c) Usage (for warrantees where effectivity is in terms of operating time or cycles).
(d) Duration (for warrantees that expire after a set period of time).
(e) Date (for warrantees with a fixed expiration date).
(f) Warranty Administrator Enterprise Identifier Code Type 0–9—GS1 Company Prefix.
D—CAGE.
LB—ATIS–0322000.
LH—EHIBCC.
RH—HIBCC.
UN—DUNS.
(g) Warranty administrator enterprise identifier—A globally unique identifier code assigned to an enterprise by an issuing agency (e.g., Dun & Bradstreet’s Data Universal Numbering System
(DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS–0322000) Number, European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)).l
(h) Warranty Guarantor Enterprise Identifier Code Type 0–9—GS1 Company Prefix.
D—CAGE.
LB—ATIS–0322000.
LH—EHIBCC.
RH—HIBCC.
UN—DUNS.
(i) Warranty guarantor enterprise identifier—A globally unique identifier code assigned to an enterprise by an Issuing Agency (e.g., Dun & Bradstreet’s Data Universal Numbering System
(DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS–0322000) Number, European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)).
Attachment l: Warranty Repair
Source Instructions
CONTRACT NUMBER:
[To be filled in by the contracting officer]
CLIN, SLIN or
ELIN *
Warranty
Repair
Source Enterprise
Identifier
Code Type
(note (a)) **
Warranty
Repair
Source Enterprise
Identifier
(note (b)) **
Shipping address for warranty returns
Name **
Address line
1 **
Address line
2 **
City/county **
State/province **
Postal
code **
Country **
Instructions
(note (c)) **
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* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers.
** To be completed by the Contractor at the time of award and/or at the time of delivery.
Notes:
(a) Warranty Repair Source Enterprise Identifier Code Type 0–9—GS1 Company Prefix.
D—CAGE.
LB—ATIS–0322000.
LH—EHIBCC.
RH—HIBCC.
UN—DUNS.
(b) Warranty repair source enterprise identifier—A globally unique identifier code assigned to an enterprise by an issuing agency (e.g., Dun & Bradstreet’s Data
Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and
Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service
Companies (ATIS–0322000) Number, European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council
(HIBCC)).
(c) Instructions—For each warranty repair source enterprise identifier, include the shipping address for returning warranty items, or include instructions for accessing a web site to obtain prepaid shipping labels for returning warranty items to the designated source of warranty repair.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Amend section 252.211–7003 as
follows:
■
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(a) Amend the clause date by
removing ‘‘(AUG 2008)’’ and adding in
its place ‘‘(JUN 2011)’’;
■ (b) Amend paragraph (a) by revising
the definition of ‘‘Issuing agency’’ as
shown below.
■
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252.211–7003
Valuation.
*
Item Identification and
*
*
*
*
(a) * * *
Issuing agency means an organization
responsible for assigning a globally
unique identifier to an enterprise (e.g.,
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Dun & Bradstreet’s Data Universal
Numbering System (DUNS) Number,
GS1 Company Prefix, Allied Committee
135 NATO Commercial and
Government Entity (NCAGE)/
Commercial and Government Entity
(CAGE) Code, or the Coded
Representation of the North American
Telecommunications Industry
Manufacturers, Suppliers, and Related
Service Companies (ATIS–0322000)
Number), European Health Industry
Business Communication Council
(EHIBCC) and Health Industry Business
Communication Council (HIBCC)), as
indicated in the Register of Issuing
Agency Codes for ISO/IEC 15459,
located at https://www.nen.nl/web/
Normen-ontwikkelen/ISOIEC-15459Issuing-Agency-Codes.htm.
*
*
*
*
*
7. Add section 252.246–7005 to read
as follows:
■
252.246–7005 Notice of Warranty Tracking
of Serialized Items.
As prescribed in 246.710(5)(i)(A), use
the following provision:
Notice of Warranty Tracking of
Serialized Items (Jun 2011)
(a) Definition. Unique item identifier and
warranty tracking are defined in the clause at
252.246–7006, Warranty Tracking of
Serialized Items.
(b) Reporting of data for warranty tracking
and administration. The offeror shall provide
the information required by Attachment l,
Warranty Tracking Information, (indicated by
a single asterisk (*)), on each contract line
item number, subline item number, or exhibit
line item number for warranted items. The
offeror shall provide all information required
by Attachment l, Warranty Repair Source
Instruction, prior to, but not later than when
the warranted items are presented for receipt
and/or acceptance. The ‘‘Warranty Item
Unique Item Identifier data category may also
be completed in conjunction with
Attachment _, Warranty Repair Source
Instruction. Information required in the
warranty attachment shall include such
information as duration, enterprise,
enterprise identifier, first use, fixed
expiration, installation, issuing agency, item
type, starting event, serialized item, unique
item identifier, usage, warranty
administrator, warranty guarantor, warranty
repair source, and warranty tracking. The
offeror shall submit the data for warranty
tracking to the Contracting Officer.
srobinson on DSK4SPTVN1PROD with RULES
(End of provision)
6. Add section 252.246–7006 to read
as follows:
■
252.246–7006 Warranty Tracking of
Serialized Items.
As prescribed in 246.710(5)(i)(B), use
the following clause:
VerDate Mar<15>2010
20:41 Jun 07, 2011
Jkt 223001
Warranty Tracking of Serialized Items
(Jun 2011)
(a) Definitions. As used in this clause—
Duration means the warranty period. This
period may be a stated period of time,
amount of usage, or the occurrence of a
specified event, after formal acceptance of
delivery, for the Government to assert a
contractual right for the correction of defects.
Enterprise means the entity (e.g., a
manufacturer or vendor) responsible for
granting the warranty and/or assigning
unique item identifiers to serialized warranty
items.
Enterprise identifier means a code that is
uniquely assigned to an enterprise by an
issuing agency.
First use means the initial or first-time use
of a product by the Government.
Fixed expiration means the date the
warranty expires and the Contractor’s
obligation to provide for a remedy or
corrective action ends.
Installation means the date a unit is
inserted into a higher level assembly in order
to make that assembly operational.
Issuing agency means an organization
responsible for assigning a globally unique
identifier to an enterprise (e.g., Dun &
Bradstreet’s Data Universal Numbering
System (DUNS) Number, GS1 Company
Prefix, Allied Committee 135 NATO
Commercial and Government Entity
(NCAGE)/Commercial and Government
Entity (CAGE) Code, or the Coded
Representation of the North American
Telecommunications Industry
Manufacturers, Suppliers, and Related
Service Companies (ATIS–0322000)
Number), European Health Industry Business
Communication Council (EHIBCC) and
Health Industry Business Communication
Council (HIBCC)), as indicated in the Register
of Issuing Agency Codes for ISO/IEC 15459,
located at https://www.nen.nl/web/Normenontwikkelen/ISOIEC-15459-Issuing-AgencyCodes.htm.
Item type means a coded representation of
the description of the item being warranted,
consisting of the codes C—component
procured separate from end item, S—
subassembly procured separate from end
item or subassembly, E—embedded in
component, subassembly or end item parent,
and P—parent end item.
Starting event means the event or action
that initiates the warranty.
Serialized item means each item produced
is assigned a serial number that is unique
among all the collective tangible items
produced by the enterprise, or each item of
a particular part, lot, or batch number is
assigned a unique serial number within that
part, lot, or batch number assignment within
the enterprise identifier. The enterprise is
responsible for ensuring unique serialization
within the enterprise identifier or within the
part, lot, or batch numbers, and that serial
numbers, once assigned, are never used
again.
Unique item identifier means a set of data
elements marked on an item that is globally
unique and unambiguous.
Usage means the quantity and an
associated unit of measure that specifies the
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
amount of a characteristic subject to the
contractor’s obligation to provide for remedy
or corrective action, such as a number of
miles, hours, or cycles.
Warranty administrator means the
organization specified by the guarantor for
managing the warranty.
Warranty guarantor means the enterprise
that provides the warranty under the terms
and conditions of a contract.
Warranty repair source means the
organization specified by a warranty
guarantor for receiving and managing
warranty items that are returned by a
customer.
Warranty tracking means the ability to
trace a warranted item from delivery through
completion of the effectivity of the warranty.
(b) Reporting of data for warranty tracking
and administration. The Contractor shall
provide all information required by
Attachment __, Warranty Tracking
Information on each contract line item
number, subline item number, or exhibit line
item number for warranted items. The
Contractor shall provide all information
required by Attachment __, Warranty Repair
Source Instructions, prior to, but not later
than when the warranted items are presented
for receipt and/or acceptance. The ‘‘Warranty
Item Unique Item Identifier’’ data category
may also be completed in conjunction with
Attachment __, Warranty Repair Source
Instructions. Information required in the
warranty attachment shall include such
information as duration, enterprise,
enterprise identifier, first use, fixed
expiration, installation, issuing agency, item
type, starting event, serialized item, unique
item identifier, usage, warranty
administrator, warranty guarantor, warranty
repair source, and warranty tracking. The
Contractor shall submit the data for warranty
tracking to the Contracting Officer with a
copy to the requiring activity and the
Contracting Officer Representative.
(c) Reservation of rights. The terms of this
clause shall not be construed to limit the
Government’s rights or remedies under any
other contract clause.
(End of clause)
*
*
*
*
*
[FR Doc. 2011–14104 Filed 6–7–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 212
RIN 0750–AH23
Defense Federal Acquisition
Regulation Supplement; Inclusion of
Option Amounts in Limitations on
Authority of the Department of Defense
to Carry Out Certain Prototype
Projects (DFARS Case 2011–D024)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33166-33170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14104]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211, 246, and 252
RIN 0750-AG74
Defense Federal Acquisition Regulation Supplement (DFARS);
Warranty Tracking of Serialized Items, DFARS Case 2009-D018
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement a policy
memorandum of the Undersecretary of Defense for Acquisition, Technology
and Logistics dated February 6, 2007, which required definition of the
requirements to track warranties for Item Unique Identification-
required items in the DoD Item Unique Identification Registry. This
final rule stresses that the enforcement of warranties is essential to
the effectiveness and efficiency of DoD's material readiness.
DATES: Effective date: June 8, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
The Undersecretary of Defense for Acquisition, Technology and
Logistics issued a policy memorandum dated February 6, 2007, which
instructed the Director of Defense Procurement and Acquisition Policy
to define the requirements to track warranties for Item Unique
Identification-required items in the DoD Item Unique Identification
Registry. The capability to track warranties will significantly enhance
the ability of DoD to--
Identify and enforce warranties;
Ensure sufficient durations of warranties for specific
goods; and
Realize improved material readiness.
DoD issued a proposed rule in the Federal Register at 75 FR 52917
on August 30, 2010, to address the requirement to more effectively
track warranties for Item Unique Identification items. The comment
period closed October 29, 2010.
II. Public Comment
One respondent submitted comments to the proposed rule, which are
discussed below.
Comment: The respondent states that while the unique item
identification requirement was not established for the purpose of
tracking warranty items, its use as a warranty-tracking methodology
would result in increased costs for contractors and the Government. The
addition of warranted items to DFARS 211.274-2 will expand the criteria
for selecting the items to be uniquely identified. Today, that
determination is based almost completely on the value of the item.
Warranted items may or may not meet the value criterion established for
determining what should be uniquely identified and marked. An
application of unique item identification to warranted items may cause
a part to be covered by unique item identification under a contract
calling for warranty and not covered by unique item identification on
another contract without warranty.
Response: This requirement applies to any ``warranted serialized
item,'' and a clarifying change was made at 211.274-2(4)(iii) by adding
the term ``any warranted serialized item.''
Comment: The respondent also recommends that DoD not publish a
final rule on warranty tracking of serialized items.
Response: DoD requires a more effective way to track warranties for
Item Unique Identification items. Presently, DoD lacks the enterprise
capability to provide visibility and accountability of warranty data
associated with acquired goods. The tracking of warranties, from the
identification of the requirement to the expiration date of the
warranted item, will significantly enhance the ability of DoD to take
full advantage of warranties when they are part of an acquisition. This
will result in reduced costs, ability to recognize benefits, and the
ability to compare performance against
[[Page 33167]]
Government-specified warranties. The consequence of not collecting this
data is that warranty management of mission critical assets is not
optimized, which may have a significant impact during time of war or in
response to contingencies. When this capability is developed, it is
expected that warranty information will be collected and shared by
acquisition organizations to document and improve warranty management.
Additionally, as counterfeit items, particularly electronics parts
increase, this traceability of items to a warranty will assist all
members of the supply chain to manage risk appropriately. This
traceability also leads to ensuring the Government receives the
supplies purchased, reducing the number of counterfeit items. Based
upon the above, DoD published a final rule.
III. Additional Technical Changes Required
During the final rule development, DoD restructured the layout of
the rule to reduce burden to contractors and to facilitate data
capture. This change required moving the tables from the clause at
252.246-7006, Warranty Tracking of Serialized Items, to 246.710-70,
Warranty attachment. This will enable data capture through the use of
the warranty attachments. DoD has posted schema to the DPAP/Program
Development and Implementation Web site at https://www.acq.osd.mil/dpap/pdi/eb/gfp.html, to facilitate this process. A summary of the required
technical changes follows--
DFARS 211.274-2, Policy for unique item identification--
added the term ``any warranted serialized item'' to clarify that this
rule applies to serialized warranted items, regardless of the value.
The existence of a warranty does not solely create a criterion for Item
Unique Identification applicability.
DFARS 246.701, Definitions--added references to
definitions for ``duration,'' ``enterprise,'' ``enterprise
identifier,'' ``fixed expiration,'' ``issuing agency,'' ``item type,''
``starting event,'' ``serialized item,'' ``unique item identifier,''
``usage,'' ``warranty administrator,'' ``warranty guarantor,''
``warranty repair source,'' and ``warranty tracking'' as being defined
in the clause at 252.246-7006.
DFARS 246.710, Solicitation provision and contract
clauses, paragraph (5)--replaced previous references to tables I and II
as the warranty attachments were added to DFARS 246.710-70. Related
subparagraphs were revised accordingly to incorporate tables I and II,
which were previously referred to in the provision at 252.246-7005, and
included in the clause at 252.246-7006. Electronic business systems are
being expanded to capture the data elements needed to support warranty
tracking through the use of an attachment format. The procurement data
strategy, the DoD method to implement data capture, relies on
attachment file formats. This format can be embedded in the contract
data file by the contract writing system, or sent in parallel as a
separate attachment. To facilitate data capture, the tables for
warranty data have been translated into an XML attachment schema
published by DPAP, and available at this website: https://www.acq.osd.mil/dpap/pdi/eb/gfp.html. This schema will enable data flow
from system to system. Data flow from a clause is not possible because
the clause is text, not data. Extracting the data requirements from the
clause and carrying it separately in an attachment will make the
flowing of the data to the various business systems possible without
modifying every DoD contract writing system.
DFARS 246.710-70, Warranty attachment--a new section was
added to provide two attachments and completion instructions to replace
two tables previously included in the proposed clause at 252.247-70YY.
The two new attachments are ``Attachment ----: Warranty Tracking
Information,'' and ``Attachment ----: Warranty Repair Source
Instructions.''
The ``Warranty Tracking Information'' attachment title is
supplemented to include ``Solicitation or Contract Number [To be filled
in by the contracting officer].'' Further, this attachment indicates
that data marked ``*'' is to be completed by the requiring activity if
a warranty is specified by the Government otherwise all offerors are to
complete those elements as part of their offers. Data marked by ``**''
is to be completed by the contractor at the time of award. A reference
to ``***'' was added for data to be completed at or after the time of
award. The definition for ``warranty administrator enterprise
identifier'' was revised to include the term ``globally unique''
identifier code.
The ``Warranty Repair Source Instructions'' attachment
title is supplemented to include ``Solicitation or Contract Number [To
be filled in by the contracting officer].'' Additionally, the numbering
for the table notes was revised for that table only. The definition for
``warranty administrator enterprise identifier'' was revised for
clarity to include the term ``globally unique'' identifier code rather
than using the term ``non-repeatable.'' Also, a note for
``instructions'' was moved from the table, and made a stand-alone note
under the table.
252.211-7003(a), Item Identification and Valuation--the
definition of ``issuing agency'' was revised for clarity to include the
term a ``globally unique'' identifier code rather than using the term
``non-repeatable.''
252.246-7005, Notice of Warranty Tracking of Serialized
Items, was revised to replace references to tables I and II, which were
incorporated into DFARS 246.710 as a warranty attachment.
252.246-7006, Warranty Tracking of Serialized Items--
Paragraph (a), the definition of ``DoD Item Unique
Identification Registry'' was not required for the clause and was
removed. The definition of ``issuing agency'' was revised to include
the term ``globally unique'' identifier code for clarity.
Paragraph (b) was revised to remove references to tables I
and II as these tables are incorporated into 246.710-70 as a warranty
attachment to facilitate data flow.
IV. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This is not a significant regulatory action and,
therefore, was not subject to review under Section 6(b) of Executive
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This rule is not a major rule under 5 U.S.C. 804.
V. Regulatory Flexibility Act
DoD has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604 et seq. A copy of the analysis may be obtained from
the point of contact specified herein and is summarized below. The
objective of this rule was for DoD to develop a more effective way to
track warranties for Item Unique Identification items. DoD has lacked
the enterprise capability that would provide visibility and
accountability of warranty data associated with acquired goods. The
tracking of warranties, from the identification of the requirement to
the expiration date of the warranted item, will significantly enhance
the ability of
[[Page 33168]]
DoD to take full advantage of warranties when they are part of an
acquisition, resulting in the ability to--
Identify and enforce warranties;
Ensure sufficient durations of warranties for specific
goods; and
Realize improved material readiness.
In FY 2009, DoD issued approximately 16,000 solicitations that use
warranty clauses. In response to those solicitations, DoD estimates
that approximately 76,000 offers may have been received (66,000 from
small business, 10,000 from other than small business). Of that total,
DoD estimates that 50% of the time the Government will provide the
required warranty information for 38,000 offers (33,000 small and 5,000
other than small businesses). Therefore, approximately 33,000 small
entities may be impacted by the rule.
This rule was published as a proposed rule in the Federal Register
at 75 FR 52971, on August 30, 2010. No comments were received from
small entities on the affected DFARS subpart with regard to small
businesses. We anticipate that there will be limited, if any,
additional costs imposed on small businesses unless there is a covered
claim filed against a particular contractor.
IV. Paperwork Reduction Act
The provision at 252.246-7005, Notice of Warranty Tracking of
Serialized Items and the clause at 252.246-7006, Warranty Tracking of
Serialized Items, contain new information collection requirements. The
Office of Management and Budget has approved the information collection
requirements under Control Number 0704-0481, Warranty Tracking of
Serialized Items.
List of Subjects in 48 CFR Parts 211, 246, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211, 246, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 211, 246, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
0
2. Amend section 211.274-2 as follows:
0
(a) Amend paragraph (a)(4)(i) to remove ``and'' after the semicolon;
0
(b) Amend paragraph (a)(4)(ii) to add the word ``and'' after the
semicolon;
0
(c) Add new paragraph (a)(4)(iii) to read as set forth below.
211.271-2 Policy for unique item identification.
(a) * * *
(4) * * *
(iii) Any warranted serialized item.
PART 246--QUALITY ASSURANCE
0
3. Revise section 246.701 to read as follows:
246.701 Definitions. As used in this subpart--
Acceptance as used in this subpart and in the warranty clauses at
FAR 52.246-17, Warranty of Supplies of a Noncomplex Nature; FAR 52.246-
18, Warranty of Supplies of a Complex Nature; FAR 52.246-19, Warranty
of Systems and Equipment Under Performance Specifications or Design
Criteria; and FAR 52.246-20, Warranty of Services, includes the
execution of an official document (e.g., DD Form 250, Material
Inspection and Receiving Report) by an authorized representative of the
Government.
Defect means any condition or characteristic in any supply or
service furnished by the contractor under the contract that is not in
compliance with the requirements of the contract.
Duration, enterprise, enterprise identifier, fixed expiration,
issuing agency, item type, starting event, serialized item, unique item
identifier, usage, warranty administrator, warranty guarantor, warranty
repair source, and warranty tracking are defined in the clause at
252.246-7006, Warranty Tracking of Serialized Items.
0
4. Amend section 246.710 to:
0
(a) Revise the section title; and
0
(b) Add new paragraph (5)(i).
The additions and revisions read as follows:
246.710 Solicitation provision and contract clauses.
* * * * *
(5)(i) In addition to 252.211-7003, Item Identification and
Valuation, which is prescribed in 211.274- 6(a), use the following
provision and clause in solicitations and contracts when it is
anticipated that the resulting contract will include a warranty for
serialized items:
(A) 252.246-7005, Notice of Warranty Tracking of Serialized Items
(include only if offerors will be required to enter data with the
offer); and
(B) 252.246-7006, Warranty Tracking of Serialized Items.
(ii) If the Government specifies a warranty, include in the
solicitation the appropriate warranty attachment from DFARS 246.710-70.
The contracting officer shall request the requiring activity to provide
information to ensure that Attachment ----, Warranty Tracking
Information, is populated with data specifying the Government's
required warranty provision by contract line item number, subline item
number, or exhibit line item number prior to solicitation. In such case
do not include 252.246-7005 in the solicitation.
(iii) If the Government does not specify a warranty, include
252.246-7005 in the solicitation, and the warranty attachment from
DFARS 246.710-70. The contractor may offer a warranty and shall then
populate Attachment --, Warranty Tracking Information, as appropriate,
as part of its offer as required by 252.246-7005.
(iv) All warranty tracking information that is indicated with a
single asterisk (*) in Attachment ----, Warranty Tracking Information,
shall be completed prior to award. Data indicated with two asterisks
(**) may be completed at the time of award. Data indicated with three
asterisks (***) may be completed at or after the time of award.
(v) The contractor shall provide warranty repair source
instructions (as prescribed in the attachment) no later than the time
of delivery.
0
5. Add new section 246.710-70 to read as follows:
246.710-70 Warranty attachment.
This is the prescribed attachment and format required and
referenced in the provision at 252.246-7005, Notice of Warranty
Tracking of Serialized Items, and the clause at 252.246-7006, Warranty
Tracking of Serialized Items. The contracting officer shall number the
attachment upon issuance of the solicitation and include the
solicitation or contract number.
AttachmenT --: Warranty Tracking Information
[[Page 33169]]
Solicitation or Contract Number
[To be filled in by the contracting officer]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Warranty term Warranty
-------------------------------------------------------------------- Warranty Warranty Guarantor Warranty
Item type Warranty Usage (note (c)) * Duration (note Fixed Administrator Administrator Enterprise Guarantor
CLIN SLIN OR ELIN * (note (a)) item UII Starting --------------------- (d)) * expiration Enterprise Enterprise Identifier Enterprise
** *** event --------------------- (note (e)) Identifier Identifier Code Type Identifier
(note (b)) Quantity * Unit * ------------- Code Type (note (g)) ** (note (h)) (note (i))
* Quantity * Unit * Date * (note (f)) ** ** **
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers.
** To be completed by the contractor at the time of award.
*** To be completed by the contractor at the time of award (if known) or at the time Attachment --, Warranty Repair Source Instructions is submitted.
Notes:
(a) Item Type.
C--component procured separate from end item.
S--subassembly procured separate from end Item or subassembly.
E--embedded in component, subassembly or end item parent.
P--parent end item.
(b) Starting Event.
A--Acceptance.
I--Installation.
F--First Use.
O--Other.
Warranty term--Choose one of the following:
(c) Usage (for warrantees where effectivity is in terms of operating time or cycles).
(d) Duration (for warrantees that expire after a set period of time).
(e) Date (for warrantees with a fixed expiration date).
(f) Warranty Administrator Enterprise Identifier Code Type 0-9--GS1 Company Prefix.
D--CAGE.
LB--ATIS-0322000.
LH--EHIBCC.
RH--HIBCC.
UN--DUNS.
(g) Warranty administrator enterprise identifier--A globally unique identifier code assigned to an enterprise by an issuing agency (e.g., Dun & Bradstreet's Data Universal Numbering System
(DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North
American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number, European Health Industry Business Communication Council (EHIBCC) and
Health Industry Business Communication Council (HIBCC)).--
(h) Warranty Guarantor Enterprise Identifier Code Type 0-9--GS1 Company Prefix.
D--CAGE.
LB--ATIS-0322000.
LH--EHIBCC.
RH--HIBCC.
UN--DUNS.
(i) Warranty guarantor enterprise identifier--A globally unique identifier code assigned to an enterprise by an Issuing Agency (e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS)
Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American
Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number, European Health Industry Business Communication Council (EHIBCC) and Health
Industry Business Communication Council (HIBCC)).
Attachment --: Warranty Repair Source Instructions
Contract Number:
[To be filled in by the contracting officer]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Warranty Shipping address for warranty returns
Repair Warranty -------------------------------------------------------------------------------------------
Source Repair
Enterprise Source Instructions
CLIN, SLIN or ELIN * Identifier Enterprise Address Address City/county State/ Postal code (note (c))
Code Type Identifier Name ** line 1 ** line 2 ** ** province ** ** Country ** **
(note (a)) (note (b))
** **
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers.
** To be completed by the Contractor at the time of award and/or at the time of delivery.
Notes:
(a) Warranty Repair Source Enterprise Identifier Code Type 0-9--GS1 Company Prefix.
D--CAGE.
LB--ATIS-0322000.
LH--EHIBCC.
RH--HIBCC.
UN--DUNS.
(b) Warranty repair source enterprise identifier--A globally unique identifier code assigned to an enterprise by an issuing agency (e.g., Dun & Bradstreet's Data Universal Numbering System
(DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North
American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number, European Health Industry Business Communication Council (EHIBCC) and
Health Industry Business Communication Council (HIBCC)).
(c) Instructions--For each warranty repair source enterprise identifier, include the shipping address for returning warranty items, or include instructions for accessing a web site to obtain
prepaid shipping labels for returning warranty items to the designated source of warranty repair.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Amend section 252.211-7003 as follows:
0
(a) Amend the clause date by removing ``(AUG 2008)'' and adding in its
place ``(JUN 2011)'';
0
(b) Amend paragraph (a) by revising the definition of ``Issuing
agency'' as shown below.
252.211-7003 Item Identification and Valuation.
* * * * *
(a) * * *
Issuing agency means an organization responsible for assigning a
globally unique identifier to an enterprise (e.g.,
[[Page 33170]]
Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1
Company Prefix, Allied Committee 135 NATO Commercial and Government
Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the
Coded Representation of the North American Telecommunications Industry
Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000)
Number), European Health Industry Business Communication Council
(EHIBCC) and Health Industry Business Communication Council (HIBCC)),
as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459,
located at https://www.nen.nl/web/Normen-ontwikkelen/ISOIEC-15459-Issuing-Agency-Codes.htm.
* * * * *
0
7. Add section 252.246-7005 to read as follows:
252.246-7005 Notice of Warranty Tracking of Serialized Items.
As prescribed in 246.710(5)(i)(A), use the following provision:
Notice of Warranty Tracking of Serialized Items (Jun 2011)
(a) Definition. Unique item identifier and warranty tracking are
defined in the clause at 252.246-7006, Warranty Tracking of
Serialized Items.
(b) Reporting of data for warranty tracking and administration.
The offeror shall provide the information required by Attachment --,
Warranty Tracking Information, (indicated by a single asterisk (*)),
on each contract line item number, subline item number, or exhibit
line item number for warranted items. The offeror shall provide all
information required by Attachment --, Warranty Repair Source
Instruction, prior to, but not later than when the warranted items
are presented for receipt and/or acceptance. The ``Warranty Item
Unique Item Identifier data category may also be completed in
conjunction with Attachment --, Warranty Repair Source Instruction.
Information required in the warranty attachment shall include such
information as duration, enterprise, enterprise identifier, first
use, fixed expiration, installation, issuing agency, item type,
starting event, serialized item, unique item identifier, usage,
warranty administrator, warranty guarantor, warranty repair source,
and warranty tracking. The offeror shall submit the data for
warranty tracking to the Contracting Officer.
(End of provision)
0
6. Add section 252.246-7006 to read as follows:
252.246-7006 Warranty Tracking of Serialized Items.
As prescribed in 246.710(5)(i)(B), use the following clause:
Warranty Tracking of Serialized Items (Jun 2011)
(a) Definitions. As used in this clause--
Duration means the warranty period. This period may be a stated
period of time, amount of usage, or the occurrence of a specified
event, after formal acceptance of delivery, for the Government to
assert a contractual right for the correction of defects.
Enterprise means the entity (e.g., a manufacturer or vendor)
responsible for granting the warranty and/or assigning unique item
identifiers to serialized warranty items.
Enterprise identifier means a code that is uniquely assigned to
an enterprise by an issuing agency.
First use means the initial or first-time use of a product by
the Government.
Fixed expiration means the date the warranty expires and the
Contractor's obligation to provide for a remedy or corrective action
ends.
Installation means the date a unit is inserted into a higher
level assembly in order to make that assembly operational.
Issuing agency means an organization responsible for assigning a
globally unique identifier to an enterprise (e.g., Dun &
Bradstreet's Data Universal Numbering System (DUNS) Number, GS1
Company Prefix, Allied Committee 135 NATO Commercial and Government
Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the
Coded Representation of the North American Telecommunications
Industry Manufacturers, Suppliers, and Related Service Companies
(ATIS-0322000) Number), European Health Industry Business
Communication Council (EHIBCC) and Health Industry Business
Communication Council (HIBCC)), as indicated in the Register of
Issuing Agency Codes for ISO/IEC 15459, located at https://www.nen.nl/web/Normen-ontwikkelen/ISOIEC-15459-Issuing-Agency-Codes.htm.
Item type means a coded representation of the description of the
item being warranted, consisting of the codes C--component procured
separate from end item, S--subassembly procured separate from end
item or subassembly, E--embedded in component, subassembly or end
item parent, and P--parent end item.
Starting event means the event or action that initiates the
warranty.
Serialized item means each item produced is assigned a serial
number that is unique among all the collective tangible items
produced by the enterprise, or each item of a particular part, lot,
or batch number is assigned a unique serial number within that part,
lot, or batch number assignment within the enterprise identifier.
The enterprise is responsible for ensuring unique serialization
within the enterprise identifier or within the part, lot, or batch
numbers, and that serial numbers, once assigned, are never used
again.
Unique item identifier means a set of data elements marked on an
item that is globally unique and unambiguous.
Usage means the quantity and an associated unit of measure that
specifies the amount of a characteristic subject to the contractor's
obligation to provide for remedy or corrective action, such as a
number of miles, hours, or cycles.
Warranty administrator means the organization specified by the
guarantor for managing the warranty.
Warranty guarantor means the enterprise that provides the
warranty under the terms and conditions of a contract.
Warranty repair source means the organization specified by a
warranty guarantor for receiving and managing warranty items that
are returned by a customer.
Warranty tracking means the ability to trace a warranted item
from delivery through completion of the effectivity of the warranty.
(b) Reporting of data for warranty tracking and administration.
The Contractor shall provide all information required by Attachment
----, Warranty Tracking Information on each contract line item
number, subline item number, or exhibit line item number for
warranted items. The Contractor shall provide all information
required by Attachment ----, Warranty Repair Source Instructions,
prior to, but not later than when the warranted items are presented
for receipt and/or acceptance. The ``Warranty Item Unique Item
Identifier'' data category may also be completed in conjunction with
Attachment ----, Warranty Repair Source Instructions. Information
required in the warranty attachment shall include such information
as duration, enterprise, enterprise identifier, first use, fixed
expiration, installation, issuing agency, item type, starting event,
serialized item, unique item identifier, usage, warranty
administrator, warranty guarantor, warranty repair source, and
warranty tracking. The Contractor shall submit the data for warranty
tracking to the Contracting Officer with a copy to the requiring
activity and the Contracting Officer Representative.
(c) Reservation of rights. The terms of this clause shall not be
construed to limit the Government's rights or remedies under any
other contract clause.
(End of clause)
* * * * *
[FR Doc. 2011-14104 Filed 6-7-11; 8:45 am]
BILLING CODE 5001-08-P
