Defense Federal Acquisition Regulation Supplement: Reporting of Government-Furnished Property (DFARS Case 2012-D001), 52254-52258 [2012-21059]
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52254
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Limitations.
PART 230—COST ACCOUNTING
STANDARDS ADMINISTRATION
7. The authority citation for 48 CFR
230 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
230.201–5
a. Amending the clause date by
removing ‘‘(JUN 2012)’’ and adding in
its place ‘‘(AUG 2012)’’; and
■ b. Amending paragraph (f) by
removing the word ‘‘approval’’ and
adding in its place ‘‘approved’’.
■
See PGI 217.7404 for additional
guidance on obtaining approval to
authorize use of an undefinitized
contract action, documentation
requirements, and other limitations on
their use.
*
*
*
*
*
[Amended]
8. Section 230.201–5(e) is amended by
removing ‘‘ATTN: DPAP/CPF’’ and
adding in its place ‘‘ATTN: DPAP/
CPIC’’.
■
252.225–7017
[Amended]
14. Section 252.225–7017 is amended
by—
■ a. Amending the clause date by
removing ‘‘(JUN 2012)’’ and adding in
its place ‘‘(AUG 2012)’’; and
■ b. Amending the paragraph (a)
definition of ‘‘Designated country’’ at
paragraph (i) by adding the country of
Armenia within the parentheses at the
beginning of the (WTO GPA) country
list.
■
[FR Doc. 2012–21053 Filed 8–28–12; 8:45 am]
BILLING CODE 5001–06–P
PART 237—SERVICE CONTRACTING
DEPARTMENT OF DEFENSE
■
9. The authority citation for 48 CFR
237 is revised to read as follows:
Defense Acquisition Regulations
System
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
48 CFR Parts 211, 212, and 252
■
10. Section 237.102–77 is added to
read as follows:
RIN 0750–AG83
237.102–77 Automated requirements
roadmap tool.
Defense Federal Acquisition
Regulation Supplement: Reporting of
Government-Furnished Property
(DFARS Case 2012–D001)
See PGI 237.102–77 for guidance on
using the Automated Requirements
Roadmap Tool to develop and organize
performance requirements into draft
versions of the performance work
statement, the quality assurance
surveillance plan, and the performance
requirements summary.
■ 11. Section 237.102–78 is added to
read as follows:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
See PGI 210.070 for guidance on use
of the market research report guide to
conduct and document market research
for service acquisitions.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise and standardize
reporting requirements for Governmentfurnished property.
DATES: Effective Date: August 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, telephone 571–372–
6098.
SUPPLEMENTARY INFORMATION:
PART 245—GOVERNMENT PROPERTY
I. Background
237.102–78 Market research report guide
for improving the tradecraft in services
acquisition.
245.7001–6
[Amended]
12. In 245.7001–6, amend the section
heading by removing ‘‘DD Form 1822,’’
and adding in its place ‘‘DLA Form
1822,’’.
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■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.219–7003
[Amended]
13. Section 252.219–7003 is amended
by—
■
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SUMMARY:
DoD published a proposed rule under
DFARS Case 2009–D043 in the Federal
Register at 75 FR 80426 on December
22, 2010. Subsequently, DoD published
a second proposed rule, under DFARS
Case 2012–D001, in the Federal Register
at 76 FR 64885 on October 19, 2011, to
revise and standardize 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. DoD held a
public meeting to discuss the second
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proposed rule on November 17, 2011.
One respondent submitted comments in
response to the second proposed rule.
Discussions from the public meeting
held to discuss the second proposed
rule, as well as the public comments,
were considered in drafting this final
rule.
II. Discussion and Analysis of the
Public Comments
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments is provided, as follows:
A. Summary of Significant Changes
The revisions modify and standardize
contractor Government property
reporting requirements, making
revisions that are necessary given DoD’s
emphasis on property accountability.
The final rule alters the requirements of
the current clause, which requires
Defense contractors to report (primarily)
Government-furnished equipment items
valued at $5,000 or more, to a new
requirement to report all serialized
Government-furnished property
regardless of unit acquisition value. The
revised reporting requirement includes
electronic receipt requirements, which
will be expanded to non-serialized
items by 2014. This effort is consistent
with Secretary of Defense memorandum
dated October 13, 2011, which
emphasizes both asset accountability
and the need to accelerate key elements
of DoD’s audit readiness plans.
B. Analysis of Public Comments
1. General
Comment: A respondent stated that
the rule is ‘‘premature.’’ The respondent
thought that the current DFARS and its
associated contract clause at 252.211–
7007, Reporting of GovernmentFurnished Property, should include a
summary of end processes for various
types of contracts, such as production,
depot, or services, and should include
references to business rules used in each
type of arrangement. The respondent
also proposed that the ‘‘military
departments must own the end to end
process and use the IUID registry as a
tool to manage process, programs and
items. The IUID Registry must be
integrated into other DoD business
management systems. A stand-alone
contractor centric system will not
provide sufficient benefits to sustain
existence.’’ In support of its position,
the respondent proposed to add to the
DFARS text, at 211.274–4, a new
paragraph (f) as follows:
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‘‘A phased approach by program and
department, shall be taken to populate the
IUID Registry as determined and directed by
the Director, Defense Procurement &
Acquisition Policy.’’
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The respondent further stated that
including the proposed DFARS text in
part 211, rather than DFARS part 245,
makes the requirements part of a
Government-furnished property
reporting system rather than part of the
contractor’s Government property
system.
Response: As suggested by the
respondent in separate correspondence,
this revision to current DFARS
requirements may be long overdue. In a
letter dated October 18, 2011, the
respondent requested the Director,
DPAP, to ‘‘remind DoD agencies of their
obligation to use the IUID registry as the
system of record for GFP in the custody
of contractors.’’ DoD has been
considering those changes and has
considered public comments submitted
in response to two proposed rules and
a public meeting.
A phased implementation, as
suggested by the respondent, would not
be consistent with Secretary of Defense
memorandum dated October 13, 2011,
‘‘Improving Financial Information and
Achieving Audit Readiness,’’ which
emphasizes both asset accountability
and the need to accelerate key elements
of DoD’s audit readiness plans.
DoD agrees that, as reflected in the
proposed rules and final rule, DFARS
part 211 is the appropriate place for
including DoD policy for reporting
Government-furnished property
required to be recorded in the IUID
registry because item identification and
valuation, addressed at DFARS subpart
211.2, are considered to be elements of
the specifications, or requirements, for a
contract.
2. Reporting Threshold of $5,000
Comment: The respondent strongly
proposed to revise the overall policy for
reporting of Government-furnished
property, at DFARS 211.274–4(a), in
order to retain the $5,000 reporting
threshold and ‘‘remain consistent with
internal or DoD guidance DODI
5000.64.’’
Response: The final rule is consistent
with the current DoD Instruction
5000.64, which requires accountability
of all Government furnished property
regardless of dollar value.
3. Items To Be Reported Above the
$5,000 Threshold
Comment: The second proposed rule,
at DFARS 211.274–4(b), listed types of
property that would not be reported,
such as ‘‘property under any statutory
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leasing authority.’’ The respondent
proposed, instead, to list at paragraph
(b) items, ‘‘if significant or material in
nature,’’ that ‘‘shall be considered for’’
reporting, e.g., DoD Capital Equipment;
and Special Tooling, Special Test
Equipment, and Equipment. The
respondent stated that its approach
would increase reporting visibility for
DoD. In addition, the respondent
claimed that ‘‘providing (special
tooling) is in concert with the spirit of
the ‘Duncan Hunter National Defense
Acquisition Act of FY 2009 * * *
Section 815.’ ’’ The respondent
suggested that the Act’s purpose would
be served by revising DFARS 252.211–
7007(b) to add a table to identify the
specific items to be reported to the IUID
Registry.
Response: The disclaimer ‘‘if
significant or material in nature’’ would
create unnecessary ambiguity, possibly
resulting in calls for ‘‘more
consistency.’’ In addition, DoD has not
identified a nexus to section 815 of the
National Defense Authorization Act for
Fiscal Year 2009; the referenced
provision refers to the preservation and
storage of unique tooling, not whether to
furnish special tooling to a contractor
under a Government contract. The
respondent’s suggestion to add a table to
paragraph (b) to identify the specific
items to be reported to the IUID Registry
would largely duplicate the
Government-furnished property listing
required by FAR 45.201.
4. Remove Coverage of ContractorAcquired Property From Procedures,
Guidance and Information (PGI) and
Add It to the DFARS Text
Comment: The respondent objected to
the portion of the clause prescription
proposed at DFARS 211.274–6 that, at
(a)(1)(ii), addressed ‘‘costreimbursement contracts that may result
in the delivery of contractor-acquired
property (see requirements at PGI
245.402–71).’’ The respondent
commented that PGI references should
not be contained in regulations. ‘‘They
(PGI language) are not controlled, nor
vetted with the public as required by
FAR Part 1.103(b),’’ in the respondent’s
estimation. The respondent stated that
‘‘PGI is unreliable for regulatory
purposes. It provides the PGI writers a
form of a blank check.’’
Response: The language at DFARS
211.274–6 has become obsolete with
publication of this final rule and,
therefore, is removed. However,
regarding references to the PGI in the
DFARS regulation, the PGI is a
companion resource to the DFARS
containing both mandatory and nonmandatory internal procedures,
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guidance, and supplemental
information for Government contracting
personnel. While the PGI is nonregulatory, PGI changes are internally
coordinated in the same fashion as
DFARS proposals, i.e., at the DAR
Council level and coordinated with
other DoD stakeholders. All PGI changes
are vetted to ensure accuracy and
reliability of content.
5. The Clause at DFARS 252.211–7007,
Reporting of Government-Furnished
Property, Should Not Include in
Paragraph (a) Definitions of Terms That
Are Defined Elsewhere
Comment: The respondent quoted
FAR 1.304(b)(1) to the effect that
material should not be unnecessarily
repeated, paraphrased, or restated if it is
contained in the FAR or higher-level
agency regulations.
Response: FAR 52.202–1, Definitions,
states that, ‘‘(w)hen a solicitation
provision or contract clause uses a word
or term that is defined in the Federal
Acquisition Regulation (FAR), the word
or term has the same meaning as the
definition in FAR 2.101 in effect at the
time the solicitation was issued, unless
* * * the solicitation, or amended
solicitation, provides a different
definition * * * (or) the part, subpart,
or section of the FAR where the
provision or clause is prescribed
provides a different meaning * * *’’
Although the respondent did not specify
which definitions were at issue, DoD
has reviewed each definition and
removed definitions that are not
significant to the interpretation of the
clause or needed for increased clarity.
6. Requirement To Report Material at
the Transaction Level
Comment: The respondent interpreted
the exception to IUID reporting for
material released for work in process, at
DFARS 252.211–7007(c), to require
reporting of material at the transactional
level. The respondent objected to the
latter, stating that it ‘‘is not practical and
would be extremely expensive for
contractors and the Government.’’ The
respondent stated that ‘‘(t)here is no
harm to the Government in that
furnished material is only for a given
contract for a given amount—and is not
expected to be available for other uses.’’
Response: The DFARS rule requires
transactional reporting only for the
receipt of material. Changes of ‘‘state’’
for material released to the floor as
work-in-process are not required to be
reported.
7. Issues Regarding the IUID Registry
Comment: The respondent raised
several issues regarding the clause at
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DFARS 252.211–7007, entitled
‘‘Reporting of Government-Furnished
Property.’’ Citing paragraph (d) of the
clause, entitled ‘‘Data for reporting to
the IUID Registry,’’ the respondent
stated that the proposed rule would
include items that had been reported
previously to the IUID registry.
According to the respondent, the rule
should address items that were reported
as non-UII items that have changed to
serially managed items. The respondent
requested that the intent of paragraph
(d) be made clear.
The respondent also raised issues
regarding paragraph (e) of the clause,
entitled ‘‘Procedures for establishing
Unique Item Identifiers,’’ stating that
there is ‘‘great efficiency in continuing
the usage of virtual Unique Item
Identifiers as Special Tooling and
Special Test Equipment Unique Item
Identifiers with concatenated CAGE
plus Property Tag.’’
Also citing paragraph (e) of the clause,
the respondent proposed the deletion of
item (5), the ‘‘mark record’’ data
element. The respondent stated that the
enabling of the contractor’s reporting
system to ‘‘pull data’’ to populate the
mark record requirements should be
sufficient. The respondent proposed to
delete all the sub-elements under ‘‘(5)
Mark record’’ because this is already a
reportable event and is defined in
paragraph (f) of the clause. Further, the
respondent proposed deletion because
its position is that material reporting
should not be required.
Response: DoD did not make the
requested changes because they would
not contribute to the desired outcome,
i.e., consistent accountability for
Government property in the possession
of contractors. To the extent items were
previously reported, reporting would
consist largely of only changes in status
or disposition. The language referring to
‘‘(5) mark record’’ was not deleted
because it is integral to reporting.
8. Retain Current Government Systems
Comment: The respondent objected to
the proposed DFARS 252.211–7007(g)
because it is predicated on the eventual
demise of other, existing property
management systems. The respondent
specifically recommended that the
Government retain, and leverage, all
current Government systems.
Response: This final rule, and
previous rules for Governmentfurnished property, leverage the use of
DoD enterprise systems (standard
systems used throughout the DoD
enterprise and called out in regulation).
These systems include Wide-Area
WorkFlow, the DoD IUID Registry,
Electronic Document Access, and the
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Defense Contract Management Agency
managed electronic tools: Plant
Clearance Automated Reutilization and
Screening System, and property Lost,
Theft, Damaged, and Destroyed
reporting system. While this final rule
does not propose to eliminate any
specific DoD system at this time, it is a
step toward the elimination of disparate
means of GFP reporting. This final rule
supports DoD’s plans for audit readiness
and asset accountability, which will
result in some systems coming under
greater scrutiny in the near future.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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). E.O. 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
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This final rule revises and
standardizes reporting requirements for
Government-furnished property to
include items uniquely and nonuniquely identified and clarify policy
for contractor access to Government
supply sources. The clause at 252.211–
7007 is significantly revised to eliminate
the reported material weakness for DoD
with regard to accounting for its
property in the hands of contractors.
A number of issues were raised by the
single respondent submitting comments
in response to the second proposed rule.
These resulted in some minor changes
to clarify the rule. No comments were
submitted by the Chief Counsel for
Advocacy of the Small Business
Administration.
The Defense Contract Management
Agency, which has the overall
responsibility for managing
Government-furnished property,
estimates that approximately 4,400
contractors possess Governmentfurnished property and, of this total,
approximately one-fourth, or 1,100
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contractors, are small businesses. All
contractors in possession of Government
property will be equally affected by the
revision in reporting rules.
This rule will remove the mandatory
$5,000 unit acquisition cost dollar
threshold for reporting. This will 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. There is potential
for eventual elimination of some other
electronic reporting tools, such as DoD’s
Commercial Asset Visibility (CAV)
system. There are presently over 900
separate applications of CAV, all of
which can be eliminated given the new
reporting constructs contained within
this rule. This will result in greater
efficiency and considerable cost savings
to both Government and industry.
All DoD contractors with
Government-furnished property will be
equally affected. However, DoD’s Item
Unique Identification (IUID) Registry is
already in use by contractors with
Government-furnished property. Under
this final rule, DoD contractors will
continue to use the IUID Registry for
property reporting, but they will report
somewhat different classes of property
than they had been, and DoD will phase
out the use of other property
management systems.
DoD is responsible for entering new
items in the IUID Registry, and
contractors will be responsible only for
reporting a change in state of the item.
In the associated information collection
justification, DoD estimated that the
data are entered by the equivalent of a
GS–11, step 5, that there will be
approximately 5 responses annually per
contractor, and that each response will
take approximately one hour.
These changes were necessitated by
the requirement for DoD to establish and
maintain proper accountability for its
property. The approach selected is
designed to provide a single, electronic
property management system and
eliminate the many overlapping and
parallel accountability systems
currently in use. The result should be
less costly for the DoD and its
contractors, including small entities,
while providing enhanced
accountability.
V. Paperwork Reduction Act
This rule affects the information
collection requirements in Government
property reporting provisions prescribed
at DFARS part 211, currently approved
under OMB Control Number 0704–0246
(which covers DFARS part 245,
Government Property, DFARS section
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211.274, Reporting of GovernmentFurnished Equipment in the DoD Item
Unique Identification (IUID) Registry,
the related clauses at DFARS 252.245–
7000 through –7004 and 252.211–7007,
and the related forms) in the amount of
53,560 hours, in accordance with the
Paperwork Reduction Act (44 U.S.C.
chapter 35). The impact of this rule,
however, is negligible, because the
requirements of the final rule are not
expected to significantly increase the
overall burden hours approved under
clearance number 0704–0246.
List of Subjects in 48 CFR Parts 211,
212, and 252
(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.
(5) Real property.
(6) Property released as work in
process.
(7) Non-serial managed items
(reporting is limited to receipt
transactions only).
■ 4. Section 211.274–6 is amended by—
■ a. Revising paragraph (a)(1);
■ c. Revising paragraph (b).
The revisions read as follows:
211.274–6
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 211, 212, and
252 are amended as follows:
PART 211—DESCRIBING AGENCY
NEEDS
1. The authority citation for 48 CFR
part 211 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
Chapter 1.
2. Section 211.274–2 is amended to
read as follows—
■ a. By removing, in paragraph (b)(2),
the phrase ‘‘FAR Part 12 or Part 8’’ and
adding in its place ‘‘FAR part 12 or part
8’’;
■ b. 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.
Follow the procedures at PGI 211.274–
2.
■ 3. Section 211.274–4 is revised to read
as follows:
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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, as defined
in the clause at 252.211–7007, Reporting
of Government-Furnished Property.
(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.
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Contract clauses.
(a)(1) Use the clause at 252.211–7003,
Item Identification and Valuation, in
solicitations and contracts that require
item identification or valuation, or both,
in accordance with 211.274–2 and
211.274–3.
*
*
*
*
*
(b) Use the clause at 252.211–7007,
Reporting of Government-Furnished
Property, in solicitations and contracts
that contain the clause at FAR 52.245–
1, Government Property.
*
*
*
*
*
■ 5. The authority citation for 48 CFR
part 212 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
6. Amend section 212.301 by—
a. Redesignating paragraphs (f)(iv)(F)
through (Q) as paragraphs (G) through
(R); and
■ b. Adding new paragraph (f)(iv)(F) to
read as follows:
■
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
*
*
*
*
*
(F) Use the clause at 252.211–7007,
Reporting of Government-Furnished
Property, as prescribed in 211.274–6.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
7. Section 252.211–7007 is revised to
read as follows:
■
252.211–7007 Reporting of GovernmentFurnished Property.
As prescribed in 211.274–6(b), use the
following clause:
REPORTING OF GOVERNMENTFURNISHED PROPERTY (AUG 2012)
(a) Definitions. As used in this clause—
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‘‘Commercial and Government entity
(CAGE) code’’ means—
(i) A code assigned by the Defense
Logistics Agency Logistics Information
Service to identify a commercial or
Government entity; or
(ii) A code assigned by a member of the
North Atlantic Treaty Organization that the
Defense Logistics Agency Logistics
Information Service records and maintains in
the CAGE master file. The type of code is
known as an ‘‘NCAGE code.’’
‘‘Contractor-acquired property’’ has the
meaning given in FAR clause 52.245–1. Upon
acceptance by the Government, contractoracquired property becomes Governmentfurnished property.
‘‘Government-furnished property’’ has the
meaning given in FAR clause 52.245–1.
‘‘Item unique identification (IUID)’’ means
a system of assigning, reporting, and marking
DoD property with unique item identifiers
that have machine-readable data elements to
distinguish an item from all other like and
unlike items.
‘‘IUID Registry’’ means the DoD data
repository that receives input from both
industry and Government sources and
provides storage of, and access to, data that
identifies and describes tangible Government
personal property. The IUID Registry is—
(i) The authoritative source of Government
unit acquisition cost for items with unique
item identification (see DFARS 252.211–
7003) that were acquired after January 1,
2004;
(ii) The master data source for
Government-furnished property; and
(iii) An authoritative source for
establishing the acquisition 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 four-digit Federal
Supply Code and a nine-digit National Item
Identification Number.
‘‘Nomenclature’’ means—
(i) The combination of a Governmentassigned type designation and an approved
item name;
(ii) Names assigned to kinds and groups of
products; or
(iii) Formal designations assigned to
products by customer or supplier (such as
model number or model type, design
differentiation, or 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.
‘‘Reparable’’ means an item, typically in
unserviceable condition, furnished to the
Contractor for maintenance, repair,
modification, or overhaul.
‘‘Serially managed item’’ means an item
designated by DoD to be uniquely tracked,
controlled, or managed in maintenance,
repair, and/or supply systems by means of its
serial number.
‘‘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
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materiel (see https://www.dtic.mil/whs/
directives/corres/pdf/400025m.pdf).
‘‘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 acquisition cost’’ has the meaning
given in FAR clause 52.245–1.
(b) Reporting Government-furnished
property to the IUID Registry. Except as
provided in paragraph (c) of this clause, the
Contractor shall report, in accordance with
paragraph (f), Government-furnished
property to the IUID Registry as follows:—
(1) Up to and including December 31,
2013, report serially managed Governmentfurnished property with a unit-acquisition
cost of $5,000 or greater.
(2) Beginning January 1, 2014, report—
(i) All serially managed Governmentfurnished property, regardless of unitacquisition cost; and
(ii) Contractor receipt of non-serially
managed items. Unless tracked as an
individual item, the Contractor shall report
non-serially managed items to the Registry in
the same unit of packaging, e.g., original
manufacturer’s package, box, or container, as
it was received.
(c) Exceptions. Paragraph (b) of this clause
does not apply to—
(1) Contractor-acquired property;
(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;
(5) Real property; or
(6) Property released for work in process.
(d) Data for reporting to the IUID Registry.
To permit reporting of Government-furnished
property to the IUID Registry, the
Contractor’s property management system
shall enable the following data elements in
addition to those required by paragraph
(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) Received/Sent (shipped) date.
(2) Status code.
(3) Accountable Government contract
number.
(4) Commercial and Government Entity
(CAGE) code on the accountable Government
contract.
(5) Mark record.
(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.
VerDate Mar<15>2010
17:09 Aug 28, 2012
Jkt 226001
(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.
(6) Appropriate supply condition code,
required only for reporting of reparables, per
Appendix 2 of DoD 4000.25–2–M, Military
Standard Transaction Reporting and
Accounting Procedures manual (https://
www.dtic.mil/whs/directives/corres/pdf/
400025m.pdf).
(e) When Government-furnished property
is in the possession of subcontractors,
Contractors shall ensure that reporting is
accomplished using the data elements
required in paragraph (d) of this clause.
(f) Procedures for reporting of Governmentfurnished property. Except as provided in
paragraph (c) of this clause, 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.
(g) Procedures for updating the IUID
Registry.
(1) Except as provided in paragraph (g)(2),
the Contractor shall update the IUID Registry
at https:///bpn.gov/iuid for changes in status,
mark, custody, condition code (for reparables
only), or disposition of items that are—
(i) Received by the Contractor;
(ii) Delivered or shipped from the
Contractor’s plant, under Government
instructions, except when shipment is to a
subcontractor or other location of the
Contractor;
(iii) 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;
(iv) Disposed of; or
(v) Transferred to a follow-on or other
contract.
(2) The Contractor need not report to the
IUID Registry those transactions reported or
to be reported to the following DCMA etools:
(i) Plant Clearance Automated
Reutilization and Screening System
(PCARSS); or
(ii) Lost, Theft, Damaged or Destroyed
(LTDD) system.
(3) The contractor shall update the IUID
Registry as transactions occur or as otherwise
stated in the Contractor’s property
management procedure.
(End of clause)
■ 8. Section 252.251–7000 is amended
by—
■ a. Amending the clause date by
removing ‘‘(NOV 2004)’’ and adding in
its place ‘‘(AUG 2012)’’;
■ b. Revising paragraph (c) introductory
text;
■ c. Redesignating paragraphs (d) and
(e) as paragraphs (e) and (f); and
■ d. Adding a new paragraph (d).
The revisions and additions read as
follows:
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
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 nonreimbursable basis, the Contractor
shall—
(1) Comply with the requirements of
the Contracting Officer’s authorization;
and
(2) When using electronic transactions
to submit requisitions on a nonreimbursable basis only, place orders by
authorizing contract number using the
Defense Logistics Management System
(DLMS) Supplement to Federal
Implementation Convention 511R,
Requisition; and acknowledge receipts
by authorizing contract number using
the DLMS Supplement 527R, Receipt,
Inquiry, Response and Material Receipt
Acknowledgement.
*
*
*
*
*
[FR Doc. 2012–21059 Filed 8–28–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 242
RIN 0750–AH52
Defense Federal Acquisition
Regulation Supplement; DoD Voucher
Processing (DFARS Case 2011–D054)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to update DoD’s
voucher processing procedures and
better accommodate the Wide Area
WorkFlow (WAWF) used to process
vouchers.
SUMMARY:
DATES:
August 29, 2012.
FOR FURTHER INFORMATION CONTACT:
Mr.
Mark Gomersall, 571–372–6099.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 77 FR 2682 on
January 19, 2012. The comment period
closed on March 19, 2012. This rule
revises requirements for approving
interim vouchers and replaces the direct
submission process currently referenced
E:\FR\FM\29AUR1.SGM
29AUR1
Agencies
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52254-52258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21059]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211, 212, and 252
RIN 0750-AG83
Defense Federal Acquisition Regulation Supplement: Reporting of
Government-Furnished Property (DFARS Case 2012-D001)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to revise and standardize
reporting requirements for Government-furnished property.
DATES: Effective Date: August 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, telephone 571-
372-6098.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule under DFARS Case 2009-D043 in the
Federal Register at 75 FR 80426 on December 22, 2010. Subsequently, DoD
published a second proposed rule, under DFARS Case 2012-D001, in the
Federal Register at 76 FR 64885 on October 19, 2011, to revise and
standardize 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. DoD held a
public meeting to discuss the second proposed rule on November 17,
2011. One respondent submitted comments in response to the second
proposed rule. Discussions from the public meeting held to discuss the
second proposed rule, as well as the public comments, were considered
in drafting this final rule.
II. Discussion and Analysis of the Public Comments
DoD reviewed the public comments in the development of the final
rule. A discussion of the comments and the changes made to the rule as
a result of those comments is provided, as follows:
A. Summary of Significant Changes
The revisions modify and standardize contractor Government property
reporting requirements, making revisions that are necessary given DoD's
emphasis on property accountability. The final rule alters the
requirements of the current clause, which requires Defense contractors
to report (primarily) Government-furnished equipment items valued at
$5,000 or more, to a new requirement to report all serialized
Government-furnished property regardless of unit acquisition value. The
revised reporting requirement includes electronic receipt requirements,
which will be expanded to non-serialized items by 2014. This effort is
consistent with Secretary of Defense memorandum dated October 13, 2011,
which emphasizes both asset accountability and the need to accelerate
key elements of DoD's audit readiness plans.
B. Analysis of Public Comments
1. General
Comment: A respondent stated that the rule is ``premature.'' The
respondent thought that the current DFARS and its associated contract
clause at 252.211-7007, Reporting of Government-Furnished Property,
should include a summary of end processes for various types of
contracts, such as production, depot, or services, and should include
references to business rules used in each type of arrangement. The
respondent also proposed that the ``military departments must own the
end to end process and use the IUID registry as a tool to manage
process, programs and items. The IUID Registry must be integrated into
other DoD business management systems. A stand-alone contractor centric
system will not provide sufficient benefits to sustain existence.'' In
support of its position, the respondent proposed to add to the DFARS
text, at 211.274-4, a new paragraph (f) as follows:
[[Page 52255]]
``A phased approach by program and department, shall be taken to
populate the IUID Registry as determined and directed by the
Director, Defense Procurement & Acquisition Policy.''
The respondent further stated that including the proposed DFARS
text in part 211, rather than DFARS part 245, makes the requirements
part of a Government-furnished property reporting system rather than
part of the contractor's Government property system.
Response: As suggested by the respondent in separate
correspondence, this revision to current DFARS requirements may be long
overdue. In a letter dated October 18, 2011, the respondent requested
the Director, DPAP, to ``remind DoD agencies of their obligation to use
the IUID registry as the system of record for GFP in the custody of
contractors.'' DoD has been considering those changes and has
considered public comments submitted in response to two proposed rules
and a public meeting.
A phased implementation, as suggested by the respondent, would not
be consistent with Secretary of Defense memorandum dated October 13,
2011, ``Improving Financial Information and Achieving Audit
Readiness,'' which emphasizes both asset accountability and the need to
accelerate key elements of DoD's audit readiness plans.
DoD agrees that, as reflected in the proposed rules and final rule,
DFARS part 211 is the appropriate place for including DoD policy for
reporting Government-furnished property required to be recorded in the
IUID registry because item identification and valuation, addressed at
DFARS subpart 211.2, are considered to be elements of the
specifications, or requirements, for a contract.
2. Reporting Threshold of $5,000
Comment: The respondent strongly proposed to revise the overall
policy for reporting of Government-furnished property, at DFARS
211.274-4(a), in order to retain the $5,000 reporting threshold and
``remain consistent with internal or DoD guidance DODI 5000.64.''
Response: The final rule is consistent with the current DoD
Instruction 5000.64, which requires accountability of all Government
furnished property regardless of dollar value.
3. Items To Be Reported Above the $5,000 Threshold
Comment: The second proposed rule, at DFARS 211.274-4(b), listed
types of property that would not be reported, such as ``property under
any statutory leasing authority.'' The respondent proposed, instead, to
list at paragraph (b) items, ``if significant or material in nature,''
that ``shall be considered for'' reporting, e.g., DoD Capital
Equipment; and Special Tooling, Special Test Equipment, and Equipment.
The respondent stated that its approach would increase reporting
visibility for DoD. In addition, the respondent claimed that
``providing (special tooling) is in concert with the spirit of the
`Duncan Hunter National Defense Acquisition Act of FY 2009 * * *
Section 815.' '' The respondent suggested that the Act's purpose would
be served by revising DFARS 252.211-7007(b) to add a table to identify
the specific items to be reported to the IUID Registry.
Response: The disclaimer ``if significant or material in nature''
would create unnecessary ambiguity, possibly resulting in calls for
``more consistency.'' In addition, DoD has not identified a nexus to
section 815 of the National Defense Authorization Act for Fiscal Year
2009; the referenced provision refers to the preservation and storage
of unique tooling, not whether to furnish special tooling to a
contractor under a Government contract. The respondent's suggestion to
add a table to paragraph (b) to identify the specific items to be
reported to the IUID Registry would largely duplicate the Government-
furnished property listing required by FAR 45.201.
4. Remove Coverage of Contractor-Acquired Property From Procedures,
Guidance and Information (PGI) and Add It to the DFARS Text
Comment: The respondent objected to the portion of the clause
prescription proposed at DFARS 211.274-6 that, at (a)(1)(ii), addressed
``cost-reimbursement contracts that may result in the delivery of
contractor-acquired property (see requirements at PGI 245.402-71).''
The respondent commented that PGI references should not be contained in
regulations. ``They (PGI language) are not controlled, nor vetted with
the public as required by FAR Part 1.103(b),'' in the respondent's
estimation. The respondent stated that ``PGI is unreliable for
regulatory purposes. It provides the PGI writers a form of a blank
check.''
Response: The language at DFARS 211.274-6 has become obsolete with
publication of this final rule and, therefore, is removed. However,
regarding references to the PGI in the DFARS regulation, the PGI is a
companion resource to the DFARS containing both mandatory and non-
mandatory internal procedures, guidance, and supplemental information
for Government contracting personnel. While the PGI is non-regulatory,
PGI changes are internally coordinated in the same fashion as DFARS
proposals, i.e., at the DAR Council level and coordinated with other
DoD stakeholders. All PGI changes are vetted to ensure accuracy and
reliability of content.
5. The Clause at DFARS 252.211-7007, Reporting of Government-Furnished
Property, Should Not Include in Paragraph (a) Definitions of Terms That
Are Defined Elsewhere
Comment: The respondent quoted FAR 1.304(b)(1) to the effect that
material should not be unnecessarily repeated, paraphrased, or restated
if it is contained in the FAR or higher-level agency regulations.
Response: FAR 52.202-1, Definitions, states that, ``(w)hen a
solicitation provision or contract clause uses a word or term that is
defined in the Federal Acquisition Regulation (FAR), the word or term
has the same meaning as the definition in FAR 2.101 in effect at the
time the solicitation was issued, unless * * * the solicitation, or
amended solicitation, provides a different definition * * * (or) the
part, subpart, or section of the FAR where the provision or clause is
prescribed provides a different meaning * * *'' Although the respondent
did not specify which definitions were at issue, DoD has reviewed each
definition and removed definitions that are not significant to the
interpretation of the clause or needed for increased clarity.
6. Requirement To Report Material at the Transaction Level
Comment: The respondent interpreted the exception to IUID reporting
for material released for work in process, at DFARS 252.211-7007(c), to
require reporting of material at the transactional level. The
respondent objected to the latter, stating that it ``is not practical
and would be extremely expensive for contractors and the Government.''
The respondent stated that ``(t)here is no harm to the Government in
that furnished material is only for a given contract for a given
amount--and is not expected to be available for other uses.''
Response: The DFARS rule requires transactional reporting only for
the receipt of material. Changes of ``state'' for material released to
the floor as work-in-process are not required to be reported.
7. Issues Regarding the IUID Registry
Comment: The respondent raised several issues regarding the clause
at
[[Page 52256]]
DFARS 252.211-7007, entitled ``Reporting of Government-Furnished
Property.'' Citing paragraph (d) of the clause, entitled ``Data for
reporting to the IUID Registry,'' the respondent stated that the
proposed rule would include items that had been reported previously to
the IUID registry. According to the respondent, the rule should address
items that were reported as non-UII items that have changed to serially
managed items. The respondent requested that the intent of paragraph
(d) be made clear.
The respondent also raised issues regarding paragraph (e) of the
clause, entitled ``Procedures for establishing Unique Item
Identifiers,'' stating that there is ``great efficiency in continuing
the usage of virtual Unique Item Identifiers as Special Tooling and
Special Test Equipment Unique Item Identifiers with concatenated CAGE
plus Property Tag.''
Also citing paragraph (e) of the clause, the respondent proposed
the deletion of item (5), the ``mark record'' data element. The
respondent stated that the enabling of the contractor's reporting
system to ``pull data'' to populate the mark record requirements should
be sufficient. The respondent proposed to delete all the sub-elements
under ``(5) Mark record'' because this is already a reportable event
and is defined in paragraph (f) of the clause. Further, the respondent
proposed deletion because its position is that material reporting
should not be required.
Response: DoD did not make the requested changes because they would
not contribute to the desired outcome, i.e., consistent accountability
for Government property in the possession of contractors. To the extent
items were previously reported, reporting would consist largely of only
changes in status or disposition. The language referring to ``(5) mark
record'' was not deleted because it is integral to reporting.
8. Retain Current Government Systems
Comment: The respondent objected to the proposed DFARS 252.211-
7007(g) because it is predicated on the eventual demise of other,
existing property management systems. The respondent specifically
recommended that the Government retain, and leverage, all current
Government systems.
Response: This final rule, and previous rules for Government-
furnished property, leverage the use of DoD enterprise systems
(standard systems used throughout the DoD enterprise and called out in
regulation). These systems include Wide-Area WorkFlow, the DoD IUID
Registry, Electronic Document Access, and the Defense Contract
Management Agency managed electronic tools: Plant Clearance Automated
Reutilization and Screening System, and property Lost, Theft, Damaged,
and Destroyed reporting system. While this final rule does not propose
to eliminate any specific DoD system at this time, it is a step toward
the elimination of disparate means of GFP reporting. This final rule
supports DoD's plans for audit readiness and asset accountability,
which will result in some systems coming under greater scrutiny in the
near future.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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). E.O.
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 E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows:
This final rule revises and standardizes reporting requirements for
Government-furnished property to include items uniquely and non-
uniquely identified and clarify policy for contractor access to
Government supply sources. The clause at 252.211-7007 is significantly
revised to eliminate the reported material weakness for DoD with regard
to accounting for its property in the hands of contractors.
A number of issues were raised by the single respondent submitting
comments in response to the second proposed rule. These resulted in
some minor changes to clarify the rule. No comments were submitted by
the Chief Counsel for Advocacy of the Small Business Administration.
The Defense Contract Management Agency, which has the overall
responsibility for managing Government-furnished property, estimates
that approximately 4,400 contractors possess Government-furnished
property and, of this total, approximately one-fourth, or 1,100
contractors, are small businesses. All contractors in possession of
Government property will be equally affected by the revision in
reporting rules.
This rule will remove the mandatory $5,000 unit acquisition cost
dollar threshold for reporting. This will 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. There is
potential for eventual elimination of some other electronic reporting
tools, such as DoD's Commercial Asset Visibility (CAV) system. There
are presently over 900 separate applications of CAV, all of which can
be eliminated given the new reporting constructs contained within this
rule. This will result in greater efficiency and considerable cost
savings to both Government and industry.
All DoD contractors with Government-furnished property will be
equally affected. However, DoD's Item Unique Identification (IUID)
Registry is already in use by contractors with Government-furnished
property. Under this final rule, DoD contractors will continue to use
the IUID Registry for property reporting, but they will report somewhat
different classes of property than they had been, and DoD will phase
out the use of other property management systems.
DoD is responsible for entering new items in the IUID Registry, and
contractors will be responsible only for reporting a change in state of
the item. In the associated information collection justification, DoD
estimated that the data are entered by the equivalent of a GS-11, step
5, that there will be approximately 5 responses annually per
contractor, and that each response will take approximately one hour.
These changes were necessitated by the requirement for DoD to
establish and maintain proper accountability for its property. The
approach selected is designed to provide a single, electronic property
management system and eliminate the many overlapping and parallel
accountability systems currently in use. The result should be less
costly for the DoD and its contractors, including small entities, while
providing enhanced accountability.
V. Paperwork Reduction Act
This rule affects the information collection requirements in
Government property reporting provisions prescribed at DFARS part 211,
currently approved under OMB Control Number 0704-0246 (which covers
DFARS part 245, Government Property, DFARS section
[[Page 52257]]
211.274, Reporting of Government-Furnished Equipment in the DoD Item
Unique Identification (IUID) Registry, the related clauses at DFARS
252.245-7000 through -7004 and 252.211-7007, and the related forms) in
the amount of 53,560 hours, in accordance with the Paperwork Reduction
Act (44 U.S.C. chapter 35). The impact of this rule, however, is
negligible, because the requirements of the final rule are not expected
to significantly increase the overall burden hours approved under
clearance number 0704-0246.
List of Subjects in 48 CFR Parts 211, 212, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211, 212, and 252 are amended as follows:
PART 211--DESCRIBING AGENCY NEEDS
0
1. The authority citation for 48 CFR part 211 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.
0
2. Section 211.274-2 is amended to read as follows--
0
a. By removing, in paragraph (b)(2), the phrase ``FAR Part 12 or Part
8'' and adding in its place ``FAR part 12 or part 8'';
0
b. 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. Follow the procedures at PGI 211.274-2.
0
3. Section 211.274-4 is revised 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, as
defined in the clause at 252.211-7007, Reporting of Government-
Furnished Property.
(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.
(5) Real property.
(6) Property released as work in process.
(7) Non-serial managed items (reporting is limited to receipt
transactions only).
0
4. Section 211.274-6 is amended by--
0
a. Revising paragraph (a)(1);
0
c. Revising paragraph (b).
The revisions 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 require item
identification or valuation, or both, in accordance with 211.274-2 and
211.274-3.
* * * * *
(b) Use the clause at 252.211-7007, Reporting of Government-
Furnished Property, in solicitations and contracts that contain the
clause at FAR 52.245-1, Government Property.
* * * * *
0
5. The authority citation for 48 CFR part 212 and 252 continues to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
6. Amend section 212.301 by--
0
a. Redesignating paragraphs (f)(iv)(F) through (Q) as paragraphs (G)
through (R); and
0
b. Adding new paragraph (f)(iv)(F) to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(F) Use the clause at 252.211-7007, Reporting of Government-
Furnished Property, as prescribed in 211.274-6.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
7. Section 252.211-7007 is revised 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 (AUG 2012)
(a) Definitions. As used in this clause--
``Commercial and Government entity (CAGE) code'' means--
(i) A code assigned by the Defense Logistics Agency Logistics
Information Service to identify a commercial or Government entity;
or
(ii) A code assigned by a member of the North Atlantic Treaty
Organization that the Defense Logistics Agency Logistics Information
Service records and maintains in the CAGE master file. The type of
code is known as an ``NCAGE code.''
``Contractor-acquired property'' has the meaning given in FAR
clause 52.245-1. Upon acceptance by the Government, contractor-
acquired property becomes Government-furnished property.
``Government-furnished property'' has the meaning given in FAR
clause 52.245-1.
``Item unique identification (IUID)'' means a system of
assigning, reporting, and marking DoD property with unique item
identifiers that have machine-readable data elements to distinguish
an item from all other like and unlike items.
``IUID Registry'' means the DoD data repository that receives
input from both industry and Government sources and provides storage
of, and access to, data that identifies and describes tangible
Government personal property. The IUID Registry is--
(i) The authoritative source of Government unit acquisition cost
for items with unique item identification (see DFARS 252.211-7003)
that were acquired after January 1, 2004;
(ii) The master data source for Government-furnished property;
and
(iii) An authoritative source for establishing the acquisition
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 four-digit
Federal Supply Code and a nine-digit National Item Identification
Number.
``Nomenclature'' means--
(i) The combination of a Government-assigned type designation
and an approved item name;
(ii) Names assigned to kinds and groups of products; or
(iii) Formal designations assigned to products by customer or
supplier (such as model number or model type, design
differentiation, or 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.
``Reparable'' means an item, typically in unserviceable
condition, furnished to the Contractor for maintenance, repair,
modification, or overhaul.
``Serially managed item'' means an item designated by DoD to be
uniquely tracked, controlled, or managed in maintenance, repair,
and/or supply systems by means of its serial number.
``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
[[Page 52258]]
materiel (see https://www.dtic.mil/whs/directives/corres/pdf/400025m.pdf).
``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 acquisition cost'' has the meaning given in FAR clause
52.245-1.
(b) Reporting Government-furnished property to the IUID
Registry. Except as provided in paragraph (c) of this clause, the
Contractor shall report, in accordance with paragraph (f),
Government-furnished property to the IUID Registry as follows:--
(1) Up to and including December 31, 2013, report serially
managed Government-furnished property with a unit-acquisition cost
of $5,000 or greater.
(2) Beginning January 1, 2014, report--
(i) All serially managed Government-furnished property,
regardless of unit-acquisition cost; and
(ii) Contractor receipt of non-serially managed items. Unless
tracked as an individual item, the Contractor shall report non-
serially managed items to the Registry in the same unit of
packaging, e.g., original manufacturer's package, box, or container,
as it was received.
(c) Exceptions. Paragraph (b) of this clause does not apply to--
(1) Contractor-acquired property;
(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;
(5) Real property; or
(6) Property released for work in process.
(d) Data for reporting to the IUID Registry. To permit reporting
of Government-furnished property to the IUID Registry, the
Contractor's property management system shall enable the following
data elements in addition to those required by paragraph
(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) Received/Sent (shipped) date.
(2) Status code.
(3) Accountable Government contract number.
(4) Commercial and Government Entity (CAGE) code on the
accountable Government contract.
(5) Mark record.
(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.
(6) Appropriate supply condition code, required only for
reporting of reparables, per Appendix 2 of DoD 4000.25-2-M, Military
Standard Transaction Reporting and Accounting Procedures manual
(https://www.dtic.mil/whs/directives/corres/pdf/400025m.pdf).
(e) When Government-furnished property is in the possession of
subcontractors, Contractors shall ensure that reporting is
accomplished using the data elements required in paragraph (d) of
this clause.
(f) Procedures for reporting of Government-furnished property.
Except as provided in paragraph (c) of this clause, 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.
(g) Procedures for updating the IUID Registry.
(1) Except as provided in paragraph (g)(2), the Contractor shall
update the IUID Registry at https:///bpn.gov/iuid for changes in
status, mark, custody, condition code (for reparables only), or
disposition of items that are--
(i) Received by the Contractor;
(ii) Delivered or shipped from the Contractor's plant, under
Government instructions, except when shipment is to a subcontractor
or other location of the Contractor;
(iii) 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;
(iv) Disposed of; or
(v) Transferred to a follow-on or other contract.
(2) The Contractor need not report to the IUID Registry those
transactions reported or to be reported to the following DCMA
etools:
(i) Plant Clearance Automated Reutilization and Screening System
(PCARSS); or
(ii) Lost, Theft, Damaged or Destroyed (LTDD) system.
(3) The contractor shall update the IUID Registry as
transactions occur or as otherwise stated in the Contractor's
property management procedure.
(End of clause)
0
8. Section 252.251-7000 is amended by--
0
a. Amending the clause date by removing ``(NOV 2004)'' and adding in
its place ``(AUG 2012)'';
0
b. Revising paragraph (c) introductory text;
0
c. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f); and
0
d. Adding a new paragraph (d).
The revisions and additions 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; and
(2) When using electronic transactions to submit requisitions on a
non-reimbursable basis only, place orders by authorizing contract
number using the Defense Logistics Management System (DLMS) Supplement
to Federal Implementation Convention 511R, Requisition; and acknowledge
receipts by authorizing contract number using the DLMS Supplement 527R,
Receipt, Inquiry, Response and Material Receipt Acknowledgement.
* * * * *
[FR Doc. 2012-21059 Filed 8-28-12; 8:45 am]
BILLING CODE 5001-06-P