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), 33170-33171 [2011-14108]
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33170
Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations
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.
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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
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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)
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[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
Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations
ACTION:
Final rule.
DoD is issuing this final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 826 of
the National Defense Authorization Act
for Fiscal Year 2011. Section 826
amended the DoD pilot program for
transition to follow-on contracting after
use of other transaction authority, to
establish that the threshold limitation of
$50 million for contracts and
subcontracts under the program
includes the dollar value of all options.
DATES: Effective June 8, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Manuel Quinones, telephone 703 602–
8383.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the DoD pilot
program addressed in Defense Federal
Acquisition Regulation Supplement
(DFARS) Subpart 212.70, Pilot Program
for Transition to Follow-On Contracting
after Use of Other Transaction Authority
(OTA). It adds a new section 212.7002–
3, Thresholds, to clarify that, consistent
with FAR 1.108(c), Dollar Thresholds,
the threshold limitation for contracts
and subcontracts under the pilot
program of $50 million includes the
dollar value of all options.
DoD has issued this rule as a final rule
because the rule does not have a
significant effect beyond DoD internal
operating procedures as it merely
reinforces current guidance in the
Federal Acquisition Regulation (FAR).
Further, it does not have a significant
cost or administrative impact on
contractors. FAR 1.108(c) currently
states, in part, that ‘‘unless otherwise
specified, a specific dollar threshold for
the purpose of applicability is the final
anticipated dollar value of the action,
including the dollar value of all
options.’’
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.
srobinson on DSK4SPTVN1PROD with RULES
VerDate Mar<15>2010
20:41 Jun 07, 2011
Jkt 223001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
National Oceanic and Atmospheric
Administration
NMFS is prohibiting directed
fishing for Alaska plaice in the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
prevent exceeding the 2011 Alaska
plaice total allowable catch (TAC)
specified for the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), June 4, 2011, through 2400
hrs, A.l.t., December 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2011 Alaska plaice TAC specified
for the BSAI is 13,600 metric tons as
established by the final 2011 and 2012
harvest specifications for groundfish in
the BSAI (76 FR 11139, March 1, 2011).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that the 2011 Alaska plaice
TAC in the BSAI will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 12,600 mt, and is setting
aside the remaining 1,000 mt as bycatch
to support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Alaska plaice in the
BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
50 CFR Part 679
Classification
[Docket No. 101126521–0640–02]
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant DFARS
revision within the meaning of FAR
1.501 and public comment is not
required in accordance with 41 U.S.C.
1707.
IV. Paperwork Reduction Act
The rule does not impose any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 212
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212 is
amended as follows:
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 212 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Add section 212.7002–3 to subpart
212.70 to read as follows:
■
212.7002–3
Thresholds.
The contract and subcontract
thresholds at 212.7002–1(a)(3) and
212.7002–2(a)(2) include the dollar
value of all options in accordance with
section 826 of the National Defense
Authorization Act for Fiscal Year 2011.
See also FAR 1.108(c).
[FR Doc. 2011–14108 Filed 6–7–11; 8:45 am]
BILLING CODE 5001–08–P
II. 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
33171
DEPARTMENT OF COMMERCE
RIN 0648–XA482
Fisheries of the Exclusive Economic
Zone Off Alaska; Alaska Plaice in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
SUMMARY:
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33170-33171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14108]
-----------------------------------------------------------------------
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)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
[[Page 33171]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing this final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 826 of
the National Defense Authorization Act for Fiscal Year 2011. Section
826 amended the DoD pilot program for transition to follow-on
contracting after use of other transaction authority, to establish that
the threshold limitation of $50 million for contracts and subcontracts
under the program includes the dollar value of all options.
DATES: Effective June 8, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone 703
602-8383.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the DoD pilot program addressed in Defense
Federal Acquisition Regulation Supplement (DFARS) Subpart 212.70, Pilot
Program for Transition to Follow-On Contracting after Use of Other
Transaction Authority (OTA). It adds a new section 212.7002-3,
Thresholds, to clarify that, consistent with FAR 1.108(c), Dollar
Thresholds, the threshold limitation for contracts and subcontracts
under the pilot program of $50 million includes the dollar value of all
options.
DoD has issued this rule as a final rule because the rule does not
have a significant effect beyond DoD internal operating procedures as
it merely reinforces current guidance in the Federal Acquisition
Regulation (FAR). Further, it does not have a significant cost or
administrative impact on contractors. FAR 1.108(c) currently states, in
part, that ``unless otherwise specified, a specific dollar threshold
for the purpose of applicability is the final anticipated dollar value
of the action, including the dollar value of all options.''
II. 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.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501 and public comment is not required in accordance
with 41 U.S.C. 1707.
IV. Paperwork Reduction Act
The rule does not impose any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 212
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 212 is amended as follows:
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
1. The authority citation for 48 CFR part 212 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Add section 212.7002-3 to subpart 212.70 to read as follows:
212.7002-3 Thresholds.
The contract and subcontract thresholds at 212.7002-1(a)(3) and
212.7002-2(a)(2) include the dollar value of all options in accordance
with section 826 of the National Defense Authorization Act for Fiscal
Year 2011. See also FAR 1.108(c).
[FR Doc. 2011-14108 Filed 6-7-11; 8:45 am]
BILLING CODE 5001-08-P
